Land use consistency
Summary
On February 23, 2023, we held a land use consistency hearing at the Three Rivers Convention Center in Kennewick, WA and virtually.
On November 15, 2023, we issued Order No. 891 determining that the proposed project was not in compliance with local Benton County zoning regulations.
Description
In Order No. 891, the Council determined the project was not consistent with local land use regulations at the time the project application was submitted.
A Benton County ordinance amendment that went into effect on December 21, 2021, states that major solar power generator facilities may not apply for a conditional use permit for lands contained within the Growth Management Act Agricultural District (GMAAD).The applicant filed the application for site certification with EFSEC on December 22, 2022, after the Benton County ordinance amendment went into effect.
In the order, the Council decided to schedule an adjudicative proceeding to consider preemption of land use regulation before making a recommendation to the governor.