Adair County, IA Building Setbacks & Zoning: Setback Rules (2026)
Key Facts
- Occupied residence
- 1,000 feet
- Non-participating parcel
- 250 feet from property line
- Public road right of way
- 50 feet
- Road intersections
- Radius of 150 feet from center
- Public airports
- 5 miles from property line
- Waiver
- Landowners can sign consent to closer placement
Summary
Adair County Ordinance No. 38 sets setbacks for utility-scale solar in the unincorporated area by protected area, not by zoning district: 1,000 feet from an occupied residence, 250 feet from a non-participating parcel's property line, 50 feet from a public road right of way, a 150-foot radius at road intersections, and 5 miles from a public airport property line.
1. Setbacks. All US-SES and any upgrades to existing solar energy systems shall observe the following setbacks, to be measured from the edge of the solar panels and equipment (not underground facilities such as cable or fencing): ... Protected Area Setback Requirement Occupied Residence 1,000 feet from occupied residence Any non-participating parcel 250 feet from property line Public road right of way 50 feet from road right of way Public road intersections Radius of 150 feet from the center of the intersection Public Airports 5 miles from property line Participating and non-participating landowners may sign a waiver consenting to the placement of US-SES and/or upgrades closer than the setback requirements outlined above.
Full Breakdown
Section 4(1) of Ordinance No. 38, passed May 5, 2021, applies to all Utility Scale Solar Energy Systems and to any upgrades to existing solar energy systems in the unincorporated areas of Adair County. The setbacks are measured from the edge of the solar panels and equipment, and the ordinance excludes underground facilities such as cable, as well as fencing, from that measurement. The table lists five protected areas: an occupied residence at 1,000 feet, any non-participating parcel at 250 feet from the property line, a public road right of way at 50 feet, public road intersections at a radius of 150 feet from the center of the intersection, and public airports at 5 miles from the property line.
The ordinance defines an occupied residence as a house, apartment or other structure designed for residential use that is the abode of a person, family or household and is regularly occupied. A non-participating landowner is one who has not signed a binding agreement with the applicant, developer or owner of the project, while a participating landowner has signed one. A property line is the legal boundary between separately owned parcels and between privately owned parcels and publicly owned land or public right of way. Setback itself is defined as the minimum required distance from a certain object, structure or point to the edge of any part or component of the US-SES.
Participating and non-participating landowners can sign a waiver consenting to placement closer than these distances. The setback measurements are also a required part of the permit application: the site plan under Section 3 must show setback measurements between the fencing, solar panels and equipment closest to the protected areas and all applicable property lines, occupied residences, road right of ways, intersections and airports, again excluding underground facilities such as cable. Ordinance No. 38 applies to solar power plants and solar farms, not to small-scale panels installed for private use at individual residential or commercial locations.
Violations & Fines
Section 9 of Ordinance No. 38 makes any violation, including siting equipment inside a required setback without a signed landowner waiver, a simple misdemeanor as authorized by Iowa Code section 331.302. Under Section 6, if the county sues a permit holder to enforce the ordinance, it is entitled to recover its reasonable attorney's fees and court costs as awarded by the tribunal.
Frequently Asked Questions
How far must a solar farm be from a house in Adair County?
What is the setback from a county road?
Can a landowner agree to a closer setback?
Do these setbacks apply to home rooftop solar panels?
Sources & Official References
Other rules in Adair County
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