Chapter 21.20

MINIMUM REQUIREMENTS FOR RENEWABLE ENERGY IMPACT DETERMINATIONS AND RENEWABLE ENERGY PERMITS

As a condition to the issuance of a renewable energy impact determination or a renewable energy permit, the county planning commission may, in the case of a renewable energy impact determination, incorporate, and in the case of a renewable energy permit, impose such reasonable and feasible mitigation measures as it finds to be necessary to protect the health, safety and welfare of the county's citizens, the county's environment, including its public trust resources, and to ensure that the county and its citizens do not bear an undue financial burden from the project.

(Ord. 1158 § 3, 2010)

In lieu of imposing the standards and procedures set forth in Title 18 concerning: (1) permitted, conditional, and/or accessory uses related to a facility and its accessory uses and structures; (2) distance between buildings; (3) height, density and intensity; (4) light and glare; (5) noise; and (6) wireless communications facilities directly related to the facility, with regard to renewable energy development agreements, the county board of supervisors shall incorporate, and with regard to renewable energy permits, the county planning commission shall impose, such standards as are deemed appropriate and may incorporate or impose such other standards and mitigation measures as are deemed necessary. Except for those exceptions specified in the preceding sentence, any facility for which a renewable energy development agreement or a renewable energy permit is required shall, to the extent allowed by law, be governed by the standards and/or procedures in Title 18. (Ord. 1158 § 3, 2010)

Any person who submits an application for a renewable energy impact determination or a renewable energy permit shall, at the time of the submission of the application, submit a plan for reclamation/revegetation of the site of the facility once the facility is decommissioned or otherwise ceases to be operational. The reclamation plan shall be based upon the character of the surrounding area and such characteristics of the property as type of native vegetation, soil type, habitat, climate, water resources, and the existence of public trust resources. Reclamation plans issued pursuant to this chapter shall run with the land affected thereby and shall be binding on all successors, heirs and assigns of the applicant.

In the case of the issuance of a renewable energy impact determination, the county planning commission shall incorporate into the determination, and in the case of a renewable energy permit, shall impose as a condition of approval, a plan for the reclamation/revegetation of the site of the facility at the time that the facility is decommissioned, or otherwise ceases to be operational, and shall establish site-specific criteria for evaluating and monitoring compliance with the approved reclamation plan.

(Ord. 1158 § 3, 2010)

Downloaded from https://ecode360.com/IN4943 on 2026-07-06

Inyo County, CA

RENEWABLE ENERGY DEVELOPMENT

§ 21.20.040

§ 21.20.060

As a condition to the approval of a renewable energy permit, in order to ensure that reclamation will proceed and be accomplished in accordance with an approved reclamation plan, the county planning commission shall require financial assurances from the applicant as provided herein:

• A. Financial assurances may take the form of surety bonds, irrevocable letters of credit, trust funds or other mechanisms.

• B. Public agencies may satisfy financial assurance requirements by using "pledges of revenue" or "budget set aside" as acceptable financial assurances mechanisms.

• C. The financial assurances shall remain in effect for the duration of the operation and any additional period until reclamation is completed.

• D. Financial assurances shall be sufficient to cover the costs of fully implementing the reclamation plan.

• E. The financial assurances shall be made payable to Inyo County and any other affected public agency. However, if a facility has received approval of its financial assurances from a public agency other than the county, the county shall deem those financial assurances adequate for purposes of this section, or shall credit them toward fulfillment of financial assurances required by this section, if they are made payable to the public agency, the county, and otherwise meet the requirements of this title.

• F. If a permitted facility is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the county until new financial assurances are secured from the new owner and have been approved by the county.

• G. The release of financial assurances shall be with the concurrence of all agencies named on the financial assurance. The criteria for release of financial assurances, or part of the financial assurances, shall be made part of the reclamation plan. In no case shall the financial assurance be released until reclamation has been completed.

• H. The amount of financial assurances shall be reviewed annually, or as deemed necessary, by the county planning commission and adjusted, if required, to ensure that the assurances are sufficient to cover the costs of fully implementing the reclamation plan.

• (Ord. 1158 § 3, 2010)

Each applicant for a renewable energy permit pursuant to this title shall specify in the application the duration or term of the permit requested. The county planning commission shall determine the term of the permit if it grants the permit. (Ord. 1158 § 3, 2010)

Prior to the issuance of renewable energy impact determination or the granting of a renewable energy permit, the Inyo County planning commission must find that the proposed facility is consistent with the Inyo County general plan. Prior to entering into a renewable energy development agreement, the county board of supervisors must find that the proposed facility is

Downloaded from https://ecode360.com/IN4943 on 2026-07-06

Inyo County, CA

INYO COUNTY CODE

§ 21.20.060

§ 21.20.070

consistent with the Inyo County general plan.

(Ord. 1158 § 3, 2010)

Prior to the issuance of a renewable energy impact determination or the granting of a renewable energy permit, the county planning commission must find that, through the imposition of mitigation measures, the approval of a reclamation plan, the receipt of adequate financial assurances, and by other conditions incorporated into the determination or imposed upon the permit, the health, safety and welfare of the county's citizens, the county's environment, including its public trust resources, and the county's financial well-being, have been adequately safeguarded.

(Ord. 1158 § 3, 2010)

Downloaded from https://ecode360.com/IN4943 on 2026-07-06

Inyo County, CA

RENEWABLE ENERGY DEVELOPMENT

§ 21.24.010

§ 21.24.070

CHAPTER 21.24 ENFORCEMENT