“We can’t be a ‘no’ county,” New Land Use and Development Ordinance Rewrite could overturn ban on Solar Farms in Bannock County
POCATELLO, Idaho (KIFI) – Residents near Downey have spoken out about the new draft ordinance for Land Use and Development, stating their concerns for the integrity and fairness of the document when it comes to allowing renewable energy sources into the area. Bannock County Commissioners, Balanced Rock Power attorney Dustin Manwaring, and several locals supporting the new ordinance have discussed their reasoning why south Bannock County may be the right place for an industrial solar farm.
The History
In 2024, surrounding counties were faced with developers interested in Idaho land for renewable energy resources including solar, wind, battery storage and others. Bannock County didn't have an ordinance in place to govern such projects and went into action drafting regulations.
Originally, a moratorium was put in place for 180 days while county commissioners and the Planning and Development Council worked to draft an ordinance. The county also held public hearings and workshops, but commissioners couldn't agree on a particular ordinance, and ended up banning industrial solar projects all together.
Dustin Manwaring, attorney for Balanced Rock Power has had a seat at the table throughout the process for the new ordinance, and explained the last two years have been full of multiple drafts and changing decisions. He said the county decided to combine all of the land use ordinances into one, larger document for a comprehensive rewrite.
"There's been a lot of effort at this point that has gone into this from the county's perspective," Manwaring ensured. "There's been a lot of opportunity to show up and provide input."
The public input doesn't stop here, as the county will provide notice for future public hearings on the new 2026 Land Use and Development Ordinance (LUDO) in the coming months.
"Not having an ordinance to me is a limitation on a private property," Manwaring said. "It's to say you can't use it at all, we have some state code in place that says you can't limit the utilities development of an energy resource."
The Area
The area most appealing for energy resource developers in Bannock County is near Downey, adjacent to the Populus Substation. Transmission lines included in the Gateway West project run in from Wyoming and connect through Idaho to Oregon. There's also a south and north line that comes up from Utah and connects at the Populus Substation.
Looking at a map for energy development, companies are likely to want parcels closest to the energy source.
"It's a huge opportunity for Bannock County to do this right," Manwaring said. "The future land use map is designated in that area to be industrial or at least light industrial and commercial district."
He added that county commissioners, along with the P & Z Council, are looking at the future of development in Bannock County and what could bring positive growth to the area. Without a specific project in mind, the new draft ordinance serves as a guide, with regulations to ensure any future applicant abides by Bannock County development standards.
Bannock County Commissioner Jeff Hough echoed that sentiment, stating, "Bannock County is open for business, we just want it to be the right kind of business," and said the same goes for a potential AI data center on county land.
"We intially looked for robust transmission infrastructure," said Melanie Falls, Vice President of Development at Balanced Rock Power. "But in addition, we look for relatively flat, constructible land, low impacts and conflicts, and a jurisdiction that will work with us to responsibly site the project."
She added the land near Downey is mostly held by landowners that are ranchers and farmers who determined the land for the project is no longer viable for their operations. They instead see the long term revenue coming from the solar project as a way to continue sustaining their farmland on other properties.
The Opposition and Easing Concerns
Several local farmers in Downey have testified why they disagree with the new ordinance and feel the ban should stay in place. To read more on their story, click HERE.
Manwaring clarified the purpose of an ordinance is to protect the property owners and ease fears about their home value and rights to land use.
"Those closest to it [the development] have the most reason to be concerned and that's fair and usually the way it is," Manwaring said. "But that's why we have ordinances. We have them to protect property owners and make sure that if you're applying for a permit, that you check the boxes and that you've protected everybody around you."
Many of the locals who oppose overturning the ban and rewriting the LUDO believe it's in support of a particular project from Balanced Rock Power. Manwaring shot down that misconception, stating the rewrite doesn't approve a particular project, it's simply the preventive and first step in the process of ensuring each development in Bannock County is safe and catered to the county's regulations.
The new ordinance also doesn't automatically give permits to companies who apply with development proposals. They will be conditional use permits, much like the process one company has had to apply for in the City of Pocatello regarding an AI data center.
Another common concern among residents is the decrease in their property value should an industrial solar farm come into the area near their property.
"The facts don't support that," Manwaring said. "They don't support that there's a devaluation in land value, so they can make that accusation and we can show all day long that that is not what happens actually next to these projects."
Idaho is also a net importer of electricity, meaning the state pulls in more power than it produces to go out across state lines. The default when it comes to these projects is that power will go where it's needed and where it is bought and sold. It will go to the closest area first where it's needed and out further if neccessary with a demand and purchase.
Similar backlash has occured decades ago when wind turbines suddenly became commonplace to see dotting the hills across Idaho. There have been changes to state policy over time to address public concerns such as the flashing lights on windmills at nighttime, catering to the public's opinions on interference with their property. The same will go for the new LUDO for Bannock County when it comes to other renewable energy resources. Manwaring ensured the county is committed to public hearings and adjustments they believe are best for the county and its residents.
"We can't be a 'no' county," he said. "We've got to be part of the solution, if we want to have business and opportunities here. We have to figure out how to get more energy online, that's critical to the development."
Whether there's a concern over wildfire danger, solar panel lifespan and removal, or others, Manwaring says the new LUDO addresses each concern in the renewable energy resources section. "The county isn't ready for the right kind of development until you have a condition in place for each one of those concerns," he said. "That's where I think the county is trying to get to."
"Currently, the estimated lifespan of a solar plant is about 40 years," Falls said. "That's based on today's technology. Most ordinances provide regulations around decommissioning and have requirements so that the land is returned to its previous state."
She explained the goal is to have a successful and useful life of the project, get the facilities removed and utilize their crews to return the land back to its original position. When asked if farmers could return the land to its original farming and ranching use following leasing to a solar plant, Falls said that it is possible.
No "Leaked" Documents
Locals opposing the ordinance also felt a sense of distrust with their county commissioners when one group disco