Setback proposal fails to gain JPs’ approval

A proposed ordinance that would have established setback requirements for towers with a height of more than 200 feet in Carroll County failed to gain approval from the county’s quorum court during its regular meeting on Tuesday, Jan. 16.

The proposal, sponsored by District 1 Justice of the Peace Jack Deaton of Holiday Island, received five “yes” votes on its first reading from the nine JPs in attendance at Tuesday’s meeting, with four JPs voting “no.” With two JPs absent, however, the proposal failed to reach the six-vote threshold needed for approval.

Deaton’s proposal was aimed at addressing concerns expressed by county residents who opposed the planned construction of a “wind farm” near Green Forest by Scout Clean Energy.

Scout, based in Boulder, Colo., plans for the project to expand over approximately 9,000 acres — about 14 square miles — in Carroll County, much of it along County Road 905 southeast of Green Forest. Scout says the project could generate up to 180 megawatts of electricity at peak demand — enough to power almost 30,000 homes. Scout says it has signed lease agreements with more than 50 landowners to place wind turbines on their property. The company estimates that the 30-year project will generate more than $14 million in lease payments and $25 million in tax revenue for the county.

The planned project has drawn vigorous opposition from opponents who say it will be harmful to wildlife, have adverse health effects and pose a potential safety risk for humans and potentially cause significant damage to county roads, along with disturbing the natural beauty of the area. Opponents of the project also say Scout’s ownership can be traced to Chinese interests.

Deaton’s proposed ordinance would have prohibited towers from being constructed closer than 1.5 times the height of the tower from any non-participating landowner’s property line or closer than two times the height of the tower from any residential structure or commercial business structure of any non-participating landowner’s property.

“I’m trying to do something that makes it safer for everybody concerned,” Deaton said during discussion of his proposal. “I’m catching all kinds of feedback from both sides.”

“I’m glad that Jack wants do something,” said District 3 JP Harrie Farrow of Eureka Springs. “It’s better than nothing. I know that some of the people that are not happy about the wind turbines are saying this isn’t enough, but there’s nothing that stops this from — it could be changed in the future. There’s nothing on here that says once we do this, that it’s set in stone. It’s something. It’s more protection than we have now.”

Tuesday’s vote marked the second time the quorum court has rejected a proposal to establish setback regulations for towers. In August 2023, JPs voted 6-5 against a similar proposal, also sponsored by Deaton.

Joining Deaton in voting in favor of the latest proposal at Tuesday’s meeting were Farrow, District 2 JP Bruce Wright, District 8 JP Francisco Pedraza and District 10 JP Jerry King. Voting against the proposal were District 4 JP Hunter Rivett, District 5 JP Matt Phillips, District 6 JP Craig Hicks and District 11 JP John Howerton.

District 7 JP Kellie Matt and District 9 JP Roger Hall were absent. Matt voted for the setback proposal sponsored by Deaton in August, while Hall voted against it. Pedraza voted against the August proposal before supporting the bill presented Tuesday night.

Earlier at Tuesday’s meeting, Howerton withdrew a similar proposed ordinance that would also have established setback requirements and also would have required Scout to name the county on a bond for decommissioning the project. Howerton said he withdrew his proposal on the advice of the quorum court’s legal counsel.

The next regular meeting of the Carroll County Quorum Court is scheduled for 5 p.m. Tuesday, Feb. 20, in the courtroom of the Eastern District courthouse in Berryville.