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Adair County, IA Solar Energy: Panel Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Permit
US-SES Construction Permit
Fee
$100.00, filed with the application
Filed with
County Engineer or designee
Approval
Adair County Board of Supervisors
Acreage cap
400 total Developed Project Acres countywide
Penalty
Simple misdemeanor
Passed
May 5, 2021

Summary

Anyone siting a utility-scale solar energy system in the unincorporated area of Adair County files an application with the County Engineer or designee and pays a $100.00 permit fee before construction. The Engineer reviews it, the Board of Supervisors approves it, and a 400-acre countywide cap on developed project acres applies.

These county ordinances apply to unincorporated areas of Adair County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Section 3. ... Permit Application Requirements. The applicant for the siting and construction of a Utility Scale Solar Energy System shall file an application with the County Engineer or their designee, along with the permit fee of $100.00, prior to commencing construction. The application for a Utility Scale Solar Energy System Construction Permit shall include: ... Upon receipt of the complete application and permit fee, the Adair County Engineer shall review the application. Upon the determination by the Adair County Engineer that the requirements of this Ordinance have been satisfied, the completed US-SES Construction Permit Application and any/all necessary supporting documentation shall be presented to the Adair County Board of Supervisors for approval. The Adair County Board of Supervisors, upon approval of the application, shall provide any necessary building permits for each US-SES.

Full Breakdown

Adair County Ordinance No. 38, passed and approved May 5, 2021, regulates Utility Scale Solar Energy Systems (US-SES) in the unincorporated areas of the county. A US-SES is a ground-mounted or freestanding solar power plant or solar farm built to generate electricity for the grid or other off-site use. The definition excludes small-scale panels at individual residential or commercial locations that are used exclusively for private purposes, apart from selling surplus electricity back to the grid. A US-SES Construction Permit is the permit required before construction is allowed, and the ordinance does not apply to a project with an agreement signed before its effective date.

Section 3 requires the application, with the $100.00 fee, before construction starts. It must contain a written project summary with the approximate generating capacity, the panel model and manufacturer, the contact details of the applicant, owner or operator, and the legal description of the property. It must also contain a site plan, either an aerial photograph or a scale drawing, showing site boundaries, all structures with number, spacing and height of panels, planned electrical lines, fencing, property lines, and setback measurements. An unredacted Health & Safety Instructions Manual from the panel manufacturer must be filed with the Auditor's office and made available to the public at the time of application. The application further needs a decommissioning plan with estimated costs in current U.S. dollars and evidence of an agreement with the property owner ensuring removal and site restoration within six months of decommissioning or abandonment, plus consultation with state and federal agencies on wildlife, communications and air traffic.

The County Engineer reviews the complete application, then presents it to the Board of Supervisors for approval. If information changes before construction, the applicant files a new application. Section 2 caps total Developed Project Acres in Adair County at 400, and a participating landowner appealing a denial on that basis files the Appeal for Variance form with the Auditor's Office for Board review. Section 5 adds a road use agreement and a decommissioning agreement before construction, and Section 7 allows transfer of permits only with Board approval.

Violations & Fines

Section 9 makes a violation of Ordinance No. 38 a simple misdemeanor as authorized by Iowa Code section 331.302, and it applies to any person, firm, partnership or corporation acting alone or in concert. Under Section 6, if the county brings an action to enforce the ordinance against a permit holder or a US-SES Construction Permit, it is entitled to recover its reasonable attorney's fees and court costs as awarded by the tribunal.

Frequently Asked Questions

Where do I file a solar farm permit application in Adair County?
With the County Engineer or their designee, along with the permit fee of $100.00, prior to commencing construction. The Engineer reviews the application and, once satisfied that the ordinance's requirements are met, presents it with the supporting documentation to the Adair County Board of Supervisors for approval.
Does a rooftop solar installation need this permit?
No. Ordinance No. 38 defines a Utility Scale Solar Energy System to exclude small-scale solar panels installed at individual residential or commercial locations, including roof or ground mounted panels, that are used exclusively for private purposes. Only the exception for selling surplus electricity back to the grid is allowed within that exclusion.
Is there a limit on how much solar the county will permit?
Yes. Section 2 caps the total at 400 Developed Project Acres in Adair County devoted to Utility Scale Solar Energy Systems. A participating landowner who wishes to appeal a denial on the basis that the cap has been met gets the Appeal for Variance form from the Adair County Auditor's Office and files it there for Board of Supervisors review.
What happens if project details change after the application?
If the information provided in the application changes between the application and construction, the applicant submits a new application with the updated information, and the change must comply with the ordinance. The County Engineer presents the amended application to the Board of Supervisors through the same review process.

Sources & Official References

Other rules in Adair County

All Adair County rules

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