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County will hold meeting for mountain residents on Nov. 24

New wind regs vote didn't violate meetings laws

TOM MORTON Star-Tribune staff writer | Posted: Wednesday, November 12, 2008 12:00 am

A friendly amendment last week to regulations allowing small wind energy generators countywide approved by the Natrona County Commission probably did not violate any state meetings laws.

But some who praised the regulations didn't think the amendment - requiring mountain residents to obtain conditional use permits instead of the simpler regular permits - was very friendly at all.

"Everybody was out in the hall afterwards [saying], 'How did that happen?'" said Deb Theriault, who with her husband, Gene, owns domestic wind turbine business SunPower Energy LLC.

"It was more in the procedural aspect of it," Theriault said.

Until last week, the county didn't allow county residents to erect the increasingly popular small wind turbines.

After several months of consideration by the county's planning and zoning commission, development department and commission work sessions, the commission held a public hearing Nov. 4 about the new regulations.

Those who commented praised the new regulations, which will allow residents to obtain permits to erect the generators on lots at least one-half acre in size.

After the public hearing was closed, however, commissioner Jon Campbell offered the amendment to require residents in the Mountain Residential 1 and 2 zoning districts to obtain conditional use permits, which require more vetting than regular building permits. MR-1 includes the face of Casper Mountain from Hat Six Road to Goose Egg; MR-2 includes the top of the mountain, he said Wednesday.

Campbell said he offered the amendment because some mountain residents voiced concerns in February about the effects on their views and wildlife after a tower was built in the area. Dr. Shaun Sutherland allowed the state to erect a 99-foot tall, 4-inch diameter tower with an anemometer on his property on Garden Creek Road.

The amendment and regulations passed after County Attorney Eric Nelson told commissioners that it didn't substantially change the regulations. "It didn't deviate that much from the original [regulations]," Nelson said Wednesday.

The changes were not enough to warrant publishing notices for new hearings, he said.

The commission's actions were legal and don't fall under the Open Meetings Law, according to Jim Angell, executive director of the Wyoming Press Association.

Public hearings are not binding on a commission's actions, and people who object to unsubstantial changes to laws may petition for more hearings, Angell said.

Mountain residents will get their chance soon enough.

The development department will conduct a public meeting at the County Annex at 6 p.m. on Nov. 24 to determine the level of support for changing the mountain zoning requirements, according to a prepared statement released Wednesday.

The development department will make a recommendation to the Natrona County Commission about whether to change the zoning, according to the prepared statement.

Reach Tom Morton at (307) 266-0592, or at Tom.Morton@trib.com.

News Tracker

Last we knew: The Natrona County Commission passed regulations on Nov. 4 allowing county residents to obtain permits to build small wind energy systems, with the exception of mountain residents who will need conditional use permits.

The latest: Some wind energy advocates objected to the way the commission approved the regulations.

What's next: The county's development department will gauge support for changing the wind energy regulations for mountain residents at a meeting at the County Annex, 120 W. First St., at 6 p.m. on Nov. 24.

Last we knew: The Natrona County Commission passed regulations on Nov. 4 allowing county residents to obtain permits to build small wind energy systems, with the exception of mountain residents who will need conditional use permits.

The latest: Some wind energy advocates objected to the way the commission approved the regulations.

What's next: The county's development department will gauge support for changing the wind energy regulations for mountain residents at a meeting at the County Annex, 120 W. First St., at 6 p.m. on Nov. 24.]]>