The Barton County Commission came short of approving an outright ban on commercial wind turbines in Barton County, but resolutions approved Tuesday make them virtually impossible. Meanwhile, large and small non-commercial wind projects will still be allowed.

Environmental Manager Judy Goreham presented three resolutions regarding Wind Energy Conservation Systems (WECS) and the Barton County Zoning regulations and maps. These were recommended by the planning commission. All three were eventually approved 5-0 as presented, but not without a few failed attempts to change them.

Resolution 2025-18 amends Article III of the Barton County Zoning Regulations, Version II concerning the three different WECS classifications in the county’s seven zoning districts. The classifications are small scale single use, large scale non-commercial and commercial scale. 

“We aren’t changing anything about the small-scale use,” Goreham said. The first two categories describe non-commercial systems that cannot be tied to the electric grid. Both allow towers up to 120 feet tall that produce no more than 150 kilowatts of energy. The regulations specify the setbacks and other protections. A single use system might provide power to a home, while a large-scale system would tie together two or more units for use by a community or a feedlot, as examples.

“We’re trying to be more proactive about protection,” Goreham said, noting ways that birds and bats can be better protected, and no “shadow flicker” from rotating turbine blades can leave the land where the WECS is approved. This effect was shown to spook horses at a feedlot that previously used a wind turbine, she said.

Applications can be subject to conditional-use permits that require input from the Kansas Department of Wildlife and Parks, the Nature Conservancy, and neighboring property owners.

The commercial scale systems dwarf the other WECS, with towers up to 800 feet tall. The setbacks are greater – one mile from non-participating land owners.

Although the commissioners first approved Resolution 2025-18 and discussion moved to the related Resolution 2025-19, Commissioner Shawn Hutchinson said he would like to see commercial scale systems banned outright. Commissioner Donna Zimmerman moved to rescind the resolution and change the wording to that effect. Amending the resolution would require the approval of four commissioners and it passed 4-0 with commissioner Barb Esfeld voting no.

However, as they moved on to Resolution 2025-29, things changed again.

Resolution 2025-19 amends Article VIII of the Barton of the Barton County Zoning Regulations, Version II. While the first resolution updated the classifications, the second one updated some of the regulations.

“My intent is to ban 800-foot wind turbines,” Hutchinson said.

Esfeld then explained her earlier “no” vote.

“I like the way it is written,” she said of the resolution. Although she would oppose 800-foot towers, she said there might be unintended consequences. “This (proposed ban) would restrict landowner rights that I’m not thinking about.”

Chairman Tricia Schlessiger said the new regulations are so strict that it’s unlikely a commercial WECS could ever get a permit. “In effect, it’s a ban,” she said. However, she said she agreed with Commissioner Esfeld’s reasoning for her “no” vote. A 3-2 vote to amend the second resolution (with Esfeld and Schlessiger voting no) failed because amending a resolution requires four votes.

In the end, the commissioners returned to the original suggested wording and approved both resolutions, along with Resolution 2025-20, which amends the official Barton County Zoning maps accordingly, 5-0. Commissioners and Goreham noted that there were no phone calls or complaints and little interest in the planning commission meetings, which led them to believe county residents are not unhappy with the regulations.

“I think the regulations are in essence a ban on commercial scale,” Schlessiger said.

Commissioner Zimmerman agreed, saying, “This sends a message (about) how much we care about Cheyenne Bottoms and the (Central) Flyway.” Goreham had explained that the planning commission used solar regulations as a template when considering the WECS regulations.

Schlessiger said she would also like to see changes to the zoning regulations for the non-commercial towers, first adopted in 2007, because they are too restrictive. For example, a good place for a turbine might be on the corner of center-pivot irrigation land, but the stringent setbacks make that impossible.