Vote delayed on wind farm ordinance after Whitman County fails to notify area tribes

A moratorium prohibiting applications for new wind farms in Whitman County has been extended six months after county officials overlooked notifying affected tribal nations in time for a vote on an updated ordinance.

The moratorium, which had been set to expire Jan. 7, now extends to June 28.

County Planner Alan Thompson issued a determination of nonsignificance in November, showing the planning department’s finding that the proposed ordinance does not have “a probable significant adverse impact on the environment.”

Notice of the determination, along with an environmental checklist used to reach that determination, must be sent to all agencies with jurisdiction and affected tribes, with 14 days to submit comments, according to Washington’s State Environmental Policy Act approval process under the Department of Ecology.

The determination of nonsignificance was sent to Ecology and other state and federal agencies, but not to any tribal governments.

Tom Handy, chair of the Whitman County Commission, said that when the mistake was discovered, the county withdrew the determination and will formally resubmit to each agency and the seven or so tribes in Eastern Washington and North Idaho that may be affected.

The tribes will be notified after the public notice is published in the Whitman County Gazette, and will then have 14 days to comment.

The county commission plans to consider a vote on the ordinance Feb. 2. Handy said the commission could choose to withdraw the moratorium any time before it expires in June.

The planning commission worked for over a year to draft updates to the ordinance that was first written in 2009 and governed the Palouse Wind Farm in the northern part of the county. The planning commission made a final recommendation to the county commissioners after a Dec. 17 public hearing.

Although Whitman County has no Native American reservations, various tribes whose ancestral territory included the Palouse region consider natural landmarks like Kamiak and Steptoe buttes to be culturally or spiritually significant.

Save the Palouse, a group of residents opposing wind development, has used Kamiak Butte as a rallying symbol and claims that a wind project proposed near the county park and national natural landmark would ruin the unique landscape.

Steelhead Americas has leased thousands of private acres on farms north of Kamiak Butte, where the company wants to build some 45 wind turbines, each up to nearly 700 feet tall, as part of the Harvest Hills Wind Project.

Handy said the restrictions in the proposed ordinance would prevent that project from going forward as proposed.

“It pretty much overrides what they have planned because of the proximity to Kamiak Butte,” Handy said.

However, Steelhead could still choose to apply for a permit through the state’s Energy Facility Site Evaluation Council, which could override any local ordinance restrictions.

“That’s the tricky part,” Handy said. “The company could always just go to the state.”

The revised ordinance would introduce 7-mile setbacks from Kamiak Butte County Park, Steptoe State Park and Palouse Falls State Park. Other protected lands would have 1-mile setbacks, including Palouse to Cascades Trail, all county parks and Washington Department of Fish and Wildlife recreational lands. Incorporated communities would have 2-mile setbacks.

Turbines must be placed at a minimum 1.5 times its height away from all buildings. And unless a landowner consents, turbines must be placed at least six times its height from all adjacent property lines.

The planning commission also is drafting ordinances to regulate solar and battery storage facilities.