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Planning & Zoning

North Dakota Tourism
CONTACT


Planning and Zoning

PHONE: (701) 523-3129

104 1st St NW, Suite 4
Bowman, ND 58623

Bowman County Planning and Zoning

The Department of Planning and Zoning is responsible for administration of the Bowman County zoning and subdivision regulations, staff support to the Bowman County Planning and Zoning Board, and long-range planning for land use and development in Bowman County.

 


OFFICE HOURS:
Monday -Thursday 7:30 am to 12:00 pm & 12:30 pm to 4:30 pm MT
Friday 7:30 am to 12:00 pm MT
(Closed on Legal Holidays)


 

County Planning & Zoning Minutes

February 13, 2020
6:00 pm

The Bowman County Planning and Zoning Commission met in regular session on February 13, 2020, in the Commission Room of the Bowman County Courthouse.  Members present:  Lynn Brackel, Jerry Jeffers, Doyle Kruger, Rod Schaff, Ryan Shear, Michael Sondeland and Myron Vail.  Member absent:  Jerid Janikowski.  Also present Co-Zoning Directors, Dean Pearson and Jodi Freier, Guests present:  Robin Braaten, Chris Fischer, LeRoy Siverson, MDU Representative Darrin Holzer and Apex Clean Energy Representatives Will Nissen, Drew Christensen, David Lau and Carol Miller.

  Chairman Jeffers called the meeting to order at 6:00 pm.

Sondeland made a motion to approve the minutes from January 9, 2020, with Schaff seconding the motion, and upon a vote the motion was carried unanimously.  

Old Business:

At 6:07 Chairman Jeffers called the Public Hearing to order on the proposed draft for the new Wind Ordinance.  Members of the zoning board were asked if they had any comments or questions. 

Brackel outlined suggested changes to the following

 DEFINITIONS - Page 2 Wind Energy Facility

A facility directly generating electricity or indirectly generating electricity of energy through production of hydrogen, compressed air or other energy carrier from conversion of wind to energy and consisting of one or more wind turbines under common ownership or operating control, and includes substations, temporary and permanent MET towers, cables/wire and other buildings accessory to such facility, whose main purpose is to supply electricity directly, or

6.11.3 WIND ENERGY FACILITY APPLICATION

3.  General Requirements for Wind Energy Facilities - Page 8 (9.)

The applicant, permittee, or current owner will place all electric lines and communications cables underground to a four-foot depth.  All county roads must be bored and cased, as defined in the Bowman County Utility Permit Application.  Electrical lines from the wind farm to the substation may be placed overhead, if needed, by applying for a variance. 

4.  Conditional Use Permit – Page 12 (5. Fees)

The Wind Energy Facility Application Fee will be One-Thousand Dollars ($1,000) per megawatt and prorated accordingly.  The appropriate fee amount of twenty-five (25) percent (non-refundable) of the total project amount must accompany the Wind Energy Facility application and Conditional Use Permit.  The remaining seventy-five (75) percent will be due and payable upon approval of the Conditional Use Permit  Alternate Energy Construction Permit.  The fee payment must be payable to Bowman County. 

6.11.4 PUBLIC HEARINGS – Page 13 (2.)

2.  Remaining Application Fee Due: Upon final approval of the Wind Energy Facility Application, the remaining seventy-five (75) percent of the total application fee will be due and payable to Bowman County.  The receipt of which will be required prior to the Alternate Energy Construction Permit being issued. 

6.11.5 DEMONSTRATION OF CONSTRUCTION COMPLIANCE – Page 14 (G.)

G.  The remaining seventy-five (75) percent of the total application fee made payable to Bowman County.   Remaining Application Fee Due: Upon final approval of the Wind Energy Facility Application, the remaining seventy-five (75) percent of the total application fee will be due and payable to Bowman County.  The receipt of which will be required prior to the Alternate Energy Construction Permit being issued. 

Brackel made a motion to approve the Section 6.11 Wind Energy Facility Ordinance and forward to the Bowman County Commissioners for final approval.  A public hearing will be held and advertised, as per North Dakota Century Code 11-33-08, prior to the final adoption.  Vail seconded the motion.  A roll call vote was taken with all members voting aye.  Motion carried. 

Chairman Jeffers invited the audience to provide comments if they wish.  MDU- Darrin Holzer thanked the board for their hard work.   Apex Clean Energy Will Nissen also thanked the board for efforts put forth on amending the policy.  Nissen also stated he has resigned from Apex due to family obligations and his director Brenda Gunderson will be their interim contact.   

At 6:21 pm Chairman Jeffers adjourned the Public Hearing.

Guidelines for Board Members:

Rod Schaff and Mike Sondeland were assigned to review Article VIII Administration and Enforcement and recommend potential amendments if needed.  The following was presented for consideration.   Schaff made a motion to approve, with Sondeland seconding the motion.  A roll call vote was taken with all members voting aye.  Motion carried.

 

    8.1.2 Planning and Zoning Commission/ Board- Duties

 

   A-Chairperson; Vice- Chairperson.  The Zoning Board shall elect a Chairperson

        and a Vice-Chairperson.  The Chairperson shall have the duty and responsibility

        for the overall administration of the Planning and Zoning Board's activities.

        The Vice-Chairperson shall preside at meetings and perform the other duties of

         the Chairperson when the Chairperson is unable to preside.

   B-Voting; Quorum.  A majority of the Planning and Zoning Board, i.e., at least

        5 members, constitutes a quorum. A quorum shall be present before the Board can

        hold a hearing.

   C- Legal Advisor.  The County Legal Advisor, or designee shall attend all of the

        Planning and Zoning Board's public hearings, meetings and work sessions as

        requested by the Chairperson.  The Legal Advisor shall provide advice and

        assistance to the Board desiring to publish an independent or minority opinion.

   D- Planning and Zoning Subcommittees.   A Planning and Zoning Subcommittee

        may be appointed by the Chairperson to perform various duties pertaining to

        County Planning and Zoning activities. Upon completion of these duties, the

        Subcommittee shall report their findings to the Chairperson.

 

NEW BUSINESS:

Discussion was held on the length of time for the Conditional Use Permits once approved. Brackel made a motion to amend the length of time from a one-year period to a three-year period.  If there is not any construction or activity, within the three-year timeframe, the permit holder would have to reapply for a new permit.  Shear seconded the motion.  A roll call vote was taken with all members voting aye.  Motion carried.

 

The board membership terms were discussed.  The following is a list of the current board members. The board members are appointed for a four-year term.

  

            Rodney Schaff (completing the term of John Soreide)          Year-End 2020

            Ryan Shear                                                                              Year-End 2020

            Myron Vail                                                                              Year-End 2020

            Lynn Brackel                                                                           Year-End 2021

            Jerry Jeffers                                                                             Year-End 2021

            Doyle Kruger                                                                           Year-End 2021

            Michael Sondeland                                                                 Year-End 2021

            Jerid Janikowski                                                                       Year-End 2022

            ~Open Position~                                                                      Year-End 2022

 

The next order of business was the election of officers.  Sondeland made a motion to appoint Janikowski as chairman.  Brackel made a motion to cease nominations and move to appoint Janikowski as chairman.  Schaff seconded the motion, and upon a vote, the motion was carried.  Sondeland made a motion to appoint Rod Schaff as Vice Chairman, with Vail seconding the motion, and upon a vote, the motion was carried.   

Outgoing Chairman Jeffers removed himself from the chairman position, after which, Vice Chairman Rod Schaff presided.   

Section 6.17 Ordinance Regulating the Application for, and the Operation and Maintenance of, Solar Energy Systems (SES) will be reviewed in a committee format immediately following the adjournment of this meeting.  

Vail made a motion to adjourn the meeting at 6:39 pm, with Jeffers seconding the motion.

Respectively submitted (s) Sandra K. Tivis, Secretary

County Planning and Zoning Meetings

The Bowman County Planning and Zoning board will meet Quarterly the third Tuesday at 7:00pm the months of February, May, August and November in the County Commission Room of the Bowman County Courthouse. See the Meeting Calendar for upcoming meeting dates.

County Planning and Zoning Board

Jerry Jeffers President        
Doyle Kruger Member
Ryan Shear Member
Myron Vail Member
Michael Sondeland Member
Jarid Janikowski Member
Robb Pierce Member
Rod Schaff Member
Lynn Brackel Member
Jodi Freier Co-Director
Dean Pearson Co-Director