April 24th, 2025
OLIVER COUNTY PLANNING & ZONING Commission was called to order at 7:00 pm.
The Pledge of Allegiance was recited.
Roll Call was held. Members present were Lonnie Henke, Troy Hatzenbihler (by phone), Bill Breimeier, Linda Nelson, Matt Wilkins, and Jody Reinke. Others present were Jaden Schmidt, Secretary/P&Z and Patty Koapke, P&Z.
Jody Reinke moved and Matt Wilkins seconded the motion to approve the agenda.
Jody Reinke moved and Bill Breimeier seconded the motion to approve the minuets of the March 27th meeting and April 15th meeting. All in favor, none opposed; motion carried.
Treavor Hendrickson, resident, approached the board with plans to build a home west of Hannover. He had submitted a permit, but it was not in time for the April meeting, due to public notification requirements. He asked what the purpose of a conditional use permit and if it has always been like this. CUPs are required whenever something is built on land that is not originally zoned for that purpose, such as a house on agricultural land. Publication requirements tie back to NDCC requirements as well.
Troy Hatzenbihler stated that it is also posted in the paper for the purpose of a possible statement of claim in relation to gravel and/or minerals.
Treavor Hendrickson is requesting that the Planning & Zoning Board and the County Commission have a special meeting for his conditional use and building application to be heard.
The Planning & Zoning board agreed to have a special meeting on May 9th, 2025 at 8:00 am for the CUP and building permit. Jaden Schmidt will request the same day for the County Commissioners.
Beth Kohler, resident, contacted the Planning & Zoning department to request an extension to her approved building permit #1032 for a shop. Jody Reinke moved and Matt Wilkins seconded the motion to approve the extension for 6 months. A roll call vote was held: Linda Nelson-Aye, Matt Wilkins-Aye, Jody Reinke-Aye, Bill Breimeier-Aye, Troy Hatzenbihler-Aye; the extension was approved.
Conditional Use permit #1053 for Kortnie Smith and Cory Keating to build a house on agricultural land within the SW ¼ of Section 26, Township 144, Range 83 was presented. Jody Reinke moved and Bill Breimeier seconded the motion to approve CUP #1053. A roll call vote was held: Linda Nelson-Aye, Matt Wilkins-Aye, Jody Reinke-Aye, Bill Breimeier-Aye, Troy Hatzenbihler-Aye; CUP #1053 was approved.
Building permit #1054 for Kortnie Smith and Cory Keating to build a house within the SW ¼ of Section 26, Township 144, Range 83 was presented. Jody Reinke moved and Bill Breimeier seconded the motion to approve Building permit #1054. A roll call vote was held: Linda Nelson-Aye, Matt Wilkins-Aye, Jody Reinke-Aye, Bill Breimeier-Aye, Troy Hatzenbihler-Aye; Building Permit #1054 was approved.
Building permit #1061 for Randy and Sarah Becker to build a garage within the SW1/4 of Section 28, Township 143, Range 87 was presented. Bill Breimeier moved and Matt Wilkins seconded the motion to approve Building Permit #1061. A roll call vote was held: Linda Nelson-Aye, Matt Wilkins-Aye, Jody Reinke-Aye, Bill Breimeier-Aye, Troy Hatzenbihler-Aye; Building Permit #1061 was approved.
Building permit #1062 for Gene Weil & Nickolette Orgaard to move in a home within the NW ¼ of Section 7, Township 141, Range 81 was presented. Jody Reinke moved and Linda Nelson seconded the motion to approve Building Permit #1062. A roll call vote was held: Linda Nelson-Aye, Matt Wilkins-Aye, Jody Reinke-Aye, Bill Breimeier-Aye, Troy Hatzenbihler-Aye; Building Permit #1062 was approved.
Discussion was held on ordinances for solar energy facilities, data centers and cryptocurrency mining facilities, wind energy facilities and battery energy storage systems. Matt Wilkins, board member, drafted ordinances for each of these. Copies of the drafts have been sent to the State’s Attorney for review. Discussion points were made that the wind facility updates are needed due to recent issues and concerns with the current wind energy project in the county.
Discussion was held on some points in the wind ordinances, including dust suppression, which is included in road use and maintenance agreement. A representative with NextEra stated that reclamation and reseeding is monitored for two years following the project completion and many of these items are covered with the PSC.
McKenna McCarval, a representative with ENEL/Flat Rock Wind, requested that no changes be made to the setbacks of wind energy facilities at this time due to the time constraints of their project plans within Oliver County.
Some discussion was held on speed limits and dust suppression.
Dave Berger, County Commissioner, stated that he has spoken with some members of the water resource board and with the state water commission, and the local board can have some ordinances for water.
Lonnie Henke, Chair, stated that there was no intent to look at changing setbacks.
Matt Wilkins stated that the intent of the ordinances is to protect the people and the land.
The meeting was adjourned at 8:16 pm.
The next meeting for the Oliver County Planning & Zoning Board will be May 29th at 7:00 pm in the Oliver County Courthouse Meeting Room.
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Jaden Schmidt, Secretary Chairman of the Board