County moves to stop power lines from Missouri solar project
- Charlene Sims, Journal staff
- 1 hour ago
- 4 min read
By Charlene Sims, Journal staff
MOUND CITY - During public comment at the Linn County Commission meeting on Tuesday, May 26, the commissioners heard public comment from Melissa Vancrum, an attorney representing Clearway Energies. After Vancrum’s presentation, the commissioners immediately approved an amendment to a resolution passed earlier this month.
The amendment was to place a moratorium on electric transmission lines in Linn County.
Vancrum told Commissioners Jim Johnson and Jason Hightower, the two commissioners who were present, that she was with the Leawood law firm Rouse, Frets, White, Goss, Gentile, Rhodes, and that the firm represents Clearway Energies.
“I’m here to speak regarding the commission’s attempt to adopt a moratorium last week expressly targeting interstate transmission lines to prevent its construction on industrial-zoned property near Yancy Road and East 2100 Street,” Vancrum said. “It is connected to my client Clearway Energies project.
“Last week, this commission voted to impose a moratorium on all public utility and public service uses in industrial zones as described in Table 12.1 of the county’s zoning regulations. This was done without any public notice and lacking any form of proper procedure, and it did not go into effect.
“Even if it had been adopted through proper procedure, we believe the moratorium proposed is not lawful or in the best interest of the county or its citizens. It is discriminatory and a dangerously expansive attempt to control the use of private property.
“Linn County, like every county, relies on public utilities and public service uses. The specific category of use on which this moratorium was targeting, beyond the need for electric, gas, telephone, railroad, cable, Internet, all targeted by the moratorium by every citizen in Linn County ,includes Evergy’s La Cygne generating station and its ancillary facilities.
“This rush to control has blinded this commission to both the scope of its actual authority and the potential impacts of these actions to the citizens of Linn County and the businesses that lawfully operate here every day.
“What’s more, the moratorium targets the industrial zoned areas of the county. The areas in which the county has determined that the most intense and impactful land uses are appropriate. These are the areas where mining, quarrying, the power plant and heavy industries operate every day. The claim that such a moratorium is appropriate in an industrial zoned area to protect agricultural uses from a transmission line rings hollow. It’s also damaging to the county and its citizens.
“As of last week, the county has a building permit application on file for my client’s transmission line. The county ordinance expressly does not require a building permit for things such as poles and wires however my client has submitted an application to preserve its rights to proceed with the project. This has been submitted with an application fee to the county for its review.
“With this information in hand, Linn County has the details of the line to satisfy that it meets all actual, applicable regulations and safety standards. However, the county cannot legally hold up processing or of the application or construction of such line. Any effort to do so will land the county in court.
“This project, as with any utility project, is subject to extensive regulation at the state and federal levels in addition to the regional transmission operator. Site due diligence and consultation with various federal, state and regional authorities has occurred over many years to ensure capacity exists and upgrades are provided to support connection to the grid, to evaluate compliance with numerous laws and regulations and to mitigate potential impacts to wildlife, environmental and cultural resources along with numerous other considerations.
“Permits and approvals have been obtained to show the project is appropriately sited and can be operated in compliance with all existing laws and regulations. The county’s role is limited as a result. No electricity generation is proposed in Linn County. Only a transmission line and interconnection line and facilities on privately owned property zoned for industrial uses. Such facilities are present across Linn County.
“The county’s regulations do not provide discretionary authority to stop such facilities or discriminate against them and the commission has not been granted this authority. My client understands the concern that have been expressed by the commissioner and is willing to discuss details of the project further, including economic benefits to the county. However, the commissioners will only waste the county’s taxpayers’ money in court if the commission continues to attempt to stop or delay construction of this lawful use on an industrial zone property. I am happy to answer any questions you may have and thank you for your time.
Public comment was closed and Commissioner Jason Hightower moved the meeting on to old business, which included an amendment to resolution 2026-17 which was voted in on May 11.
County Counselor Jacklyn Paletta explained that the commissioners had passed a couple of motions regarding moratoriums to allow the planning and zoning commission to work on those regulations. And so this resolution (2026-17 amendment) contains all of the rationale and reasons that you all had discussed for imposing such an opportunity for the planning and zoning commission to evaluate those regulations and make whatever text amendments to the regulations in order to ensure the continuity with the comprehensive plan as well as safety and health regulations.
To clarify further what they were voting on, Johnson read the resolution amendment, “The resolution of the board of county commissioners of Linn County, Kansas establishing a temporary 12-month moratorium on the acceptance, filing, processing, hearing and approval of applications for battery energy storage systems, data centers, Bitcoin or cryptocurrency mining facilities and private non-utility renewable energy transmission lines in the unincorporated areas of Linn County, while the county evaluates and considers zoning texts amendments regarding such uses.”
The original resolution made on May 11, did not have the wording “and private non-utility renewable energy transmission lines” in the resolution.
Johnson moved to approve the amendment to resolution 2026-17 and Hightower seconded it. The motion carried unanimously.