Planning & Zoning - Regular Meeting

Welcome to the March 5th, 2026 Brookings County Planning Zoning Commission meeting. This meeting is being recorded, televised, and viewable on Swiftel Channel 19, ITC channel 168 or the Brookings County YouTube channel. I now call this meeting to order. Approval of minutes. Is there a motion? So moved. Motion by Kyle Vanderwal. Is there a second? Second. Pollson. Second by Pollson. All in favor? I. Motion passes. Items to be added to the agenda by commission members or staff? Just our regular staff report. Yeah, just regular staff reports.

Invitation for citizens to schedule time on the commission agenda for an item not listed. Uh, tell them to come up. Come up and address your name. Uh, make sure the green light's on on the mic. State your your name and you've got five minutes.

My name is Sue Engelman. I'm a Brookings County resident by trade. I'm a Brookings County resident by trade. I'm an electronics engineering technician. I worked at the Brookings Hospital for many years as a biomedical engineering technician. I have done a great deal of research on the 765 KV transmission lines and the possible health issues associated with power lines and I would like to share some of my research with you. I'm asking the Brookings County Commissioners to match and the dual and the zoning commissioners to match the dual county zoning setback requiring that transmission lines with voltages greater than 345 kilovolts must have a setback of 2,000 ft from any inhabited residents in all zoning districts. This includes but is not limited to support the support structures greater than 100 ft tall or the base diameter of 25 ft or wingspan of 30 ft. I am speaking on behalf of saving our country from this monster saving our county from this monster power on Midwest transmission line that will only benefit Minnesota. This transmission line is proposed to run from Bigstone power plant south to Brookings County and then east to their destinations in Minnesota. As power on Midwest informed sheets, the information sheets state the plan was started in 2025 and the expected power on inservice date of is 2034. Bigstone power plant is slated to be retired or shut down between 2040 and 2046 because it is a coal fired power plant and not a green energy power plant. This would allow for only 6 to 12 years of service. I attended the dual county commissioners meetings and also spoke directly to power on Midwest representatives when they were at the information meeting in Brookings. When asked what the future plans of replacing Bigstone power plant was, they said they didn't have plans yet. If this project

is taking nine years to plan and power up, one would think they would already have plans for replacement power sources if they are building the largest power transmission lines available to this date. Each of the 765,000 volt towers 765K will be close to 50 foot wide with the height of about 175 ft and the width of of 150 foot. They are saying they need 250 foot rightway around each tower. This means that all trees, vegetation, pollinators and animals will be uprooted and death and land erosion will be what remains around these areas forever. To put the size of the power towers in perspective, our own Brookings SDSU Coughlin Campanil, the face of South Dakota State University, stands 165 ft tall. That means that each of the 765 KV tower structures is actually 10 foot taller than the Campanil with five power tower structures per mile. There is constant noise emanating from the 765 KV transmission lines and also a red flashing light on each tower at night. The largest power lines currently located in South Dakota are the 345 KV transmission lines. As large as these existing towers are, the 765 KV are much larger. The closest 765 KV lines to South Dakota are located in Illinois. If you have or care about any young children or even yourself, please assist us in fighting these power lines and the AI data centers in our glorious state of South Dakota. We are killing our earth with the these types of things. What will our children and grandchildren have to live with? If we don't stop this now, there will be no opportunity to turn this around and have our natural resources unharmed. These companies are selling are telling us there are no harmful effects from any of these structures. I beg to differ. They are selling us the moon while we are selling out our children and their futures. If we let this travies travesty go

unstopped. Power on midwest states that there have been studies over a 40-year period funded by the WHO and other organizations. However, they do not tell you that they are only short-term studies with outcomes that are planned, not a 40-year study that shows actual negative health impacts. These studies are funded by industry influenced parties and not independent studies made without gain to those that are paying for the studies. I brought this fact up to the Power on Midwest representatives and when pressed, Power on Midwest sub admitted they that any of the abovementioned studies were only done on the smaller 345 KV transmission lines and not with the 765 KV transmission lines.

You have 30 seconds remaining. Power on Midwest has no has no long-term health detriment studies on the 765 KV transmission lines. Since the 765 KV transmission lines haven't even been around for 40 years yet, mankind and womankind are electrical beings, our bodies act like an energy wave broadcaster and receiver, incorporating and responding to EMF, electromagnetic frequencies. In fact, scientific research has demonstrated that every cell in your body may have its own EMF, helping to regulate important functions and keep you healthy. Strong artificial EMFs, like those from power lines, can scramble and interfere with your body's natural EMF, harming everything from your sleep cycles and stress levels to your immune response and DNA. What is the next protocol for this amendment? And who is to make the first move for the 2,000 ft setback in like Duel County has enacted? Thank you. Thank you. Is there any other citizens that would like to schedule time in the commission agenda for an item not listed? Seeing and hearing none, we'll move on. Disclosure. Disclosure of conflicts of interest, relationships to the applicant or exploit communication. Anything? Nope. Uh, approval of agenda. Is there a motion?

Motion by Clark. Is there a second? Second. Second by Jensen. All in favor? I.

Motion passes. We will now convene as the Burkings County Planning and Zoning Commission. The Brookings County Planning Commission is a nine-member commission whose function is to recommend approval or disapproval of land use plans, zoning ordinances, subdivision plats, and amendments thereof to the Brookings County Commission. The commission makes its recommendation based on adopted comprehensive plan for the physical development of the unincorporated areas of Brookings County. As a matter of policy, all motions are made in the positive. After a motion is moved and seconded, it is open for debate. Those supporting the motion shall in turn give their reasons. Those opposing the motion shall then offer their reasons. After everyone has been given a chance to be heard, the commission shall recommend approval or disapproval based on a testimony and information presented. A simple majority vote of a quorum of members of the planning and zoning board in attendance is required to forward a recommendation. Agenda item 2026 platt 001 plat of tract one slum edition in the southwest 1/4 in the southeast 1/4 of section 28 township 110 north range 49W of the fifth primary all in Brookings County South Dakota. Is there a motion?

So move Paulson. Motion by Pollson. Is there a second? Second. Second by Kyle Vanderwall Richard staff report.

Yes. Plat 2026 plat 001. Idis locom is platting off a 17.9 acre existing building site from the 320 acres they own. Building site consists of a shelter belt mature trees, house, barn, greenery, two pole sheds, grain bins, and other outuildings. The building site is in Brookings County and in the city of Brookings joint jurisdictional area and in zone A of the Wellhead Aquifer Protection Zone. The existing building site and buildings are allowed to continue. And if the existing buildings are destroyed or removed, the owner has one year from the date of destruction or removal to apply for conditional use to the joint jurisdiction board of adjustment to rebuild any structure over 120 square ft. The building site is located at 213th Street on 213th Street, which is Brook Brookings County Gravel Road 18A. And the plat does meet the platting requirements of the 2016 comprehensive plan for the uninccorporated rural areas for the land use statement on page 24. This is the plat kind of irregular shape. Goes around the buildings and some farm ground there. This is a beacon map showing the outline of the plat comes up goes squared it off here with the shelter belt around the other ones. Some pasture and some irregular shapes basically um doing some pasture in the building site around the perimeter of the existing trees. So this is a beacon map showing the pink area is the wellhead. This darker red area is the flood plane. So it's right in this area. A very small portion of the northwest corner is in the flood plane, but there is no buildings located there at this time. So,

here's the beacon map without the flood plane. A little easier to see. This comes up, goes around this area right here. That's all that I have. And the applicant is not here this evening. Thank you, Richard. Since the applicant isn't here, we will move to the public hearing portion of this. Is there anybody in the audience that is for this? Seeing hearing none, is there anybody in the audience that is opposed to this? Seeing hearing none, we'll now close the public hearing portion. Is there any additional comments or questions for members of the board? Seeing hearing none, Richard, would you call a vote?

Kelly Vanderwal, I. Tim Pollson. Hi, Cody Clark. Hi, Daryl Klein. John, hi. Kyle Vanderwal, hi. Dale Storehog. Hi, Justin Degrroot. I Randy Jensen, yes. And Chad Ford, I. Motion passes.

Moving on, we'll now continue the discussion of the Lake Park District setbacks. Yes. Um, from our discussion back in January, uh, Luke had done some research and found, um, some of the setbacks in other counties for in the Lake Park district. This is in Lake Hendricks in Minnesota. Um, for around the lake, they have a 50-ft sewer setback and a 75- ft septic setback. Lake Ponet and Hamlet County, they have a 50 foot set back from the and the both these are from the highest known watermark. Uh Brookings County, we're at 75 and Moody County on Lake Campbell. Um they have setbacks. If the lots were platted before two 2013, it's a 30-foot setback. And if it was after 2013, it's a 50-ft setback. So, taking those numbers um and running them through some of our um lakes on Lake Hendricks here, Grove Point looks like about 1970 to 74 is when the larger lots were starting to go into effect around the lakes. And then basically that is from the at that time department of a and natural resources um acre sizewise requirement for a septic system you have to have 20,000 square feet for a drain field on that for a septic system to work properly and that's about the same time that these larger lots started coming to into effect. So um these were Chimera Beach was platted in 1970 to74 and there is um of those 19 homes the average setback on there I just went all

the homes in that develop the average setback is 57 ft um for those just going from the high water mark back and this is on the north end of Lake Hendricks there back here to Grove Point is on the west side southwest side of Lake Hendricks and there those were the setbacks are a little bit back a little farther. The average is about 74 feet that's pretty close to the 75 ft. So um that might be um a year to consider as a breakoff point from 1970 and beyond or 1970 and prior might be a um cut off point um for determining a smaller or lesser setback for those older platted lots. So we have to do more um do more research into that and see what the average lots are. I've got it we've got a database set up of the variances that were granted um over the years we have wh that go here didn't copy into there anyway red l and we set up a spreadsheet off of all the variants from about 2015 and forward of all the variances have been granted at the lakes to see about if there's an average distance on there to see so we can get those determined and then um we can discuss this further if that's something the board would like to do is is lessen that setback for those smaller lots that were platted earlier. So Luke, did you have anything else you would like to add on that at all?

The only thing that I'll add to that is just one point of clarification. um we use a couple of phrases interchangeably between where I think if you go to one county they'll think of that as I noted on that table the measured from o that is the established ordinary high water mark by DNR so where that elevation is at um you guys go I think I think it's a really good idea to go from the highest known elevation which is different than that you're you're kind of following you know if if your highest was a 80year flood. You're measuring from that in your county. And I will say that if I roll out a bed on Lake Ponet, that does laterally by several feet. In fact, right now, um, we're figuring in many cases that when we're measuring it for Hamlin County, it winds up being, uh, in the neighborhood of 10 to 15 feet laterally out into the water, not to get to the ordinary high water mark right now. um that's not a great way to manage things either, but I just kind of want to give you that idea that that is an additional amount. I I really like the direction that Richard's talking though that you kind of go a before and after kind of like what you see in Moody County where you just figure out a number that before we had zoning it's going to be this and after we had zoning it's going to be this and and go from there. But you might want to take I I like the idea too of looking at variances too. Anything else on that? million from

something else that would be interesting would be if you could somehow incorporate an elevation above the highest known watermark cuz some of them places are already 20 ft above the water. They could be pretty close and some of the places where the I don't know it's pretty flat you need that 75 feet or more. Yep. We don't only thing is that we don't have a county through FEMA a county established elevation for that. So each one would be on a site by site. That'd be kind of hard to come by to figure that out for each lot.

That's the information that we can kind of use on a sightby-sight basis when it comes to us. Right. Yep. Showing the elevation of the lot versus the neighbors and and what what's off of that. that we could come close. So, we had that on Oakwood five, six years ago. According to the FEMA map, they were inside the deal, but when you looked at the actual picture, they were 25 ft straight up right there. I don't remember who that was, but I do remember. Mhm.

Yeah, that was that was the older flood map at that time and we do have a new flood map, but it is considerably better, but there is probably a few areas still like that out there.

But even that, I think I see where you're going with that, Mr. client, John, is that is that I mean, if we're talking about a cliff on a property, it's really we're not out a lot by having them closer to a lake because that's one of the primary concerns we've got aside from sighteline at that point. You know, that they're not closer than someone else's house to the lake. Is there any other discussion on the Lake Park District setbacks at this time? Well, seeing none, we'll move on. Department reports.

At this time, I'd like to let Luke talk about some legislative stuff that's going on and then I'll start my report. Is that all right, Mr. Chairman? Works for me, Bob. Thank you.

Sure. I'll try to give you a real brief update of things that uh that I um have worked with as my role with First District Association local governments in Watertown. And for those of you who don't know me, I'm Luke Mueller at that office. Um the uh the one thing we have uh a couple of bills have gone on out there. Uh I'm going to say mostly have coast coasted involved a um a process for initiated measures um in zoning world and primarily it just kind of spelled out the process of what happens when there's a no. Uh the first part that's going to change maybe how probably how you handle things when it gets adopted is if somebody comes in for a petition of any sort, it is automatically to be handed to the auditor of a county and it does specifically say auditor of the county. Uh and then uh there needs to be a scheduling of of that item with the planning commission. However, it goes to the county commission to tell the planning commission to start it. uh roughly speaking that's about how it goes. So it's going to add a step essentially to that process. Hopefully that can be done relatively swiftly. Um the second portion that was similar to that is also originates from a similar initiated measure down in Parker where um they're also going to specify the point that we already knew in this neck of the woods that if you initiate a measure and it winds up being a no vote by the county commission, it's dead. There is no referral. and it was asked to be placed into state law specifically to say that uh because without playing the statutory calisthenics, it's not abundantly clear until you engage an attorney that knows what they're looking for. So, they put that point blank into

state law. I'll be honest, my handicapping of that rule is that I worry that somebody one day is going to look at that and not realize that there are other sections of state law that specify that and feel like if they just take that one section out, they'll suddenly be able to refer a no vote and that won't be the case. So, that's my only worry about that. But that's a different story. Probably the one dayto-day thing that frankly I don't I can correct me if I'm wrong. You send notices to townships, don't you? or do you hear? Yes.

Okay. So, you're already doing what the new state law will wind up being. As of now, the bill it my understanding is it hasn't passed both houses quite yet, but it's uh recommended by the House for approval. It was already approved by the Senate to um require a 10-day certified mail notice to any township in which there is a conditional use or appeal request, including a variance um certified mail to be mailed 10 days prior to the meeting to and I've got to double check how that says, but I believe it's actually all five listed, treasurer, secretary, and then the three board members. At least the three board members. I'll double check and I'll give you a full report on that when we know that. But I'll work with staff on that. Bottom line is you guys are mostly doing it already. But it's to make that uniform because I have you guys that are doing that about the same schedule as say your paper and that I've got say Codington County who their board their board asked that the same day we mail our information off to the board members is the day we send it to the township. I've got other places don't even notify the township. So this will make it uniform across. So, at least there will be a fight and chance for him to know across the board. So, you guys were ahead of that, but now it's going to be state law. We'll have to make sure that it you guys are doing what state law says since you've been doing it for so long, you kind of got to relearn. Otherwise, uh, everyone's aware there's a lot of other fun stuff about a lot of laws about tiff districts and data centers that I'm really not going to get into because those have been all over the news and frankly, um, you can follow those along yourself. All right. Thank you, Luke. The for a staff report today, I've got our 2025 end of year report and uh we're going to I'm going to just

read portions of it and then Ray Lynn will send it out and put it in the box so you guys can read the actual written report. But we had 11 regularly scheduled meetings last year. We had three joint city county meetings. We had nine conditional uses. All of them were granted, five in the egg district, three in the lake park and one in the joint jurisdiction. You had six variance requests. You granted all six of them. Two egg, three Lake Park and one joint jurisdiction. That that's probably down from previous years. We amended the ordinance under the flood plane chapter and under pipelines had 29 plants, 20 in the egg, nine in the lake park. Had no preliminary plants this this last year. Reszoning, we had four, two was approved by the joint city in the joint jurisdiction areas. One joint city county was denied. They they was trying to go from a to residential and one natural resource to Lake Park was denied. We had no appeals. That means Richard's been doing a good job. Membership for the joint board, of course, we've got five members. One's a county commissioner and we got two members of the Brookings County Planning Commission, one member of the city of Brookings Planning Commission, and one member of the Brookings City Council. The terms are one-year appointments. They are appointed by the county commission. On our on our staff recommendation, our our current members are Chad Ford, Kelly VanDeral, Kyle VanDeral, and the rest of Oh, Tim Pollson's an alternate. Uh you had two joint jurisdiction board

of adjustment meetings in July and September. You issued u one joint jurisdiction conditional use for a stable and one joint jurisdiction variance for a rear setback. My development report under my planning zoning and drainage part. I won't go through all that. Richard and I we we do attend more training in Rayland. Next page we issued a 154 building permits. Two of them were voided, probably because Bob Hill screwed them up somehow or another, but I I can't verify that. Construction cost for the air is $36,625,086. Building permit fees into the general fund was $50,922. Inspection fees, which is basically held for the building inspector to go out, is 28,200. We had 16 additions, seven attached garages, seven barns, one barn addition, two commercial properties for over almost $5 million, five decks, six detached garages, two grading permits, nine grain bins, two hoop barns. On the hoop barns, you'll see that there it says new and used. The used one apparently was uh finished with metal. So it wasn't considered a true hoop barn in my opinion, but that's the way it was. But manufactured house, one other would be eight. That could be a range of anything. We 30 residences, 28 new residences, and two used build uh houses moved in. 49 sheds, two shed additions, one shoreline modification, and some of the uh others are storage containers, solar panels, and we had a couple swimming pools.

We won't go through the building inspections, but what happens is we still got two building inspections. We 2008 and 2010, we still got open building inspections. I presume one of these days we'll have to go to the county commission and just declare him null and void and put the money in the general fund, but we'll see. You can notice there 2013 2014 no open inspections. 2015 we still got five. So building inspector does he goes out and tries to ensure if they pay their inspection fees that that they get their money's worth. So we'll we'll try in there. We do have some open inspections but um and there's a list there historical data you know our three what I say get to the right page 154 building permits is um just about right down we had a had a lot of construction in 2016 and 17 like 170 and 160 but uh we'll take the 130 15 154. So that's that's a good building year for us. And under emergency management, we had our four we're required to have four quarter a quarterly meeting for our local emergency planning committee. We had four of those meetings. We had 11 um well 10 pandemic planning coordinating committee meetings and we had one full scale exercise. Had a tabletop exercise at the United Living Center. I've got a report to pier once a quarter to for us to get federal funding. And there's the training. All three of us we try to maintain oursel in the emergency management field to a higher level.

Any questions on this report? Like I say, we will get this report to you in your box. Thank you, Chairman. Richard, do you have anything to add?

Yeah, just next month the meetings will move to 8:00 p.m. So, meetings will be a little later. Um, tentatively, we'll have a joint jurisdiction meeting at 8. We'll start out with that, then go into our regular zoning meeting. So otherwise outside of that as of now things are just a couple items on the agenda but that could change by next Tuesday. So Mr. Chairman I would like to ask the question of course we had some comments today on the on the 7:45 lines. Did you want that to put be put on the agenda for discussion next month? We can't really discuss it tonight. I mean the five minute thing we don't discuss it during the same day.

We don't discuss the same day. So I suppose we should probably add that to next month's agenda. Okay. And then at that time you would have the discussion to determine if you which way you want want the board to go in my opinion. So we need to create a subcommittee for that at all yet or not. Did you have any other you can decide that next month the right way of doing it? You can mention that if you want. Okay. See if see if next month if after we discuss next month see if it's a sub we want to create a subcommittee to

yeah that's what I mean next next meeting you can determine exactly what you unfortunately I will not be at the next meeting so Richard Richard will take care of you and I'm sure Luke or Luke will come down and and help you also fair enough I guess if you got to miss it. Well, I'll be out of the country, so be kind of hard to be in two places at one time. Well, you could fly back for just this. No, no comment. Does that conclude the department reports then? Yes, sir. No need for an executive session, right?

No, sir. Motion to adjurnn. Motion by Jensen. Second. Second. Second by Kyle Vanderwall. All in favor? I. Motion passes. Meeting adjourned.