The Public Service Commission has okayed the siting for a 200 megawatt solar project in Cass County.
It will be built in Harmony Township, west of Fargo, on a 1,662-acre site.
The Commission vote was 2 to 1. A major sticking point for the project had to do with a rule that prevents utilities from building energy facilities on “prime and unique” farmland.
Commissioner Julie Fedorchak said she believes that rule applies to how the project affects farmland as a whole.
"The record shows this has negligible impact on ag production in Cass County, at .17 percent of prime farmland," Fedorchak said. "I think the company meets the exemption included in the law, on prime farmland, and I think it's appropriate to support this project."
Commissioner Brian Kroshus said the rule itself is vague – and he comes down on the side of landowner property rights.
"This is about not telling people what you can or cannot do with your own personal property," Kroshus said.
The lone “no” vote was from Commissioner Randy Christmann, who said he wanted to delay a decision until after the PSC holds a hearing on a potential rewrite of the rule.
"At this time, my opinion is that Harmony Solar meets the requirements of a certificate, except that approval would violate the prime farmland rule," Christmann argued.
The developer – Edina, Minnesota-based Geronimo Energy – said construction on the $250 million project should begin later this year, with it being on-line by the fourth quarter of 2020.
The PSC is holding a hearing on the prime farmland rule March 13th.