Commissioners approve development safeguards as broader SALDO update begins
SMETHPORT — McKean County commissioners unanimously approved new safeguards Tuesday for large solar and wind facilities, data centers and similar commercial and industrial developments while preparing to begin a comprehensive update of the county’s land-development regulations.
The newly adopted amendment to the county’s Subdivision and Land Development Ordinance, or SALDO, addresses immediate regulatory concerns. The broader review is the ordinance’s required 10-year update and is expected to take approximately one year.
Commissioner Marty Wilder said the county initially considered addressing renewable-energy development through that comprehensive update. Officials concluded, however, that the process would take too long to provide the protections they believed were needed now.
After the county adopted a separate wind ordinance and began discussing solar regulations, its new solicitor recommended adopting the more limited amendment as an interim measure and then examining the provisions again during the full SALDO review.
“I, for one, am relieved to finally have solid safeguards in place,” Wilder said following Tuesday’s vote.
She highlighted the amendment’s provisions addressing the fire hazards associated with battery energy-storage systems, which are becoming increasingly common in renewable-energy developments.
“Such a facility presents a unique hazard for firefighters,” Wilder said.
Those concerns are compounded by the lack of municipal water service in much of McKean County and the documented shortage of local firefighters and emergency personnel, she said.
Wilder also welcomed the requirement that developers survey proposed project sites for abandoned oil and gas wells.
Commissioner Carol Duffy said McKean County, like many counties across Pennsylvania, has had to quickly navigate the complex and legally defined roles of counties, townships and boroughs while developing an understanding of the state Municipalities Planning Code and the differences among SALDO and zoning regulations.
Commissioners and residents have learned a significant amount about the county’s statutory authority and jurisdictional limits during the process, she said.
Duffy said the board worked to balance economic growth and land development with private property rights and the potential effects on surrounding communities.
“As these land developments occur, we can most likely expect to see new challenges and considerations in the future which may be addressed at various jurisdictions,” Duffy said. “For now, considering the uniqueness of each project, this SALDO amendment will provide the necessary land development regulations to ensure responsible development in McKean County.”
Wilder said the timing of the required comprehensive update will allow the county to continue examining those emerging issues.
“The SALDO must be updated every 10 years, so we are fortunate that the renewal coincides with possible regulation of some important new land developments,” she said. “This will give us time to explore many ideas regarding renewables and other land development going forward.”
The broader update already was being scheduled, Wilder said, but the county has asked that it specifically examine renewable-energy developments. The review also will cover the SALDO’s regulations for subdivisions and other residential, commercial and industrial projects.
Planning Director Rick Fry said the amendment adopted Tuesday may be evaluated alongside the rest of the ordinance and clarified or revised based on professional analysis, stakeholder feedback and public input. Any future changes will undergo the required public-review and adoption process.
The amendment applies in municipalities governed by the county SALDO. Municipalities with their own locally adopted subdivision and land-development ordinances will continue administering their own regulations.
County solicitor Christopher P. Gabriel said three minor, nonsubstantive changes were made following the public review.
One sentence was added to clarify that the amendment does not repeal or affect other county ordinances, particularly the existing wind-energy ordinance. A mathematical error identified by commenters also was corrected in the tree-removal provisions.
The third revision addresses recently enacted state legislation governing the decommissioning of solar facilities. The law does not take effect until Jan. 1. Language was added clarifying that if the state law preempts the county ordinance, compliance with the state requirements will satisfy the county’s decommissioning requirements.
No one spoke during the final public-comment period Tuesday. Wilder moved to approve the amendment, and Duffy seconded the motion.
The regulations establish additional standards for certain nonresidential developments involving more than 10 acres. Requirements address tree removal, fire protection, noise, liability insurance, decommissioning, orphan oil and gas wells and reimbursement of county review costs.
Developers must provide fire-protection plans evaluating whether local departments have the personnel, equipment, water supplies and specialized capabilities necessary to serve their projects. Preconstruction acoustic assessments also are required to establish existing daytime and nighttime sound levels.
The amendment generally limits the clearing of wooded areas to 50% and requires tree inventories before construction. Developers must replace qualifying trees damaged or removed from designated protection areas.
Nonresidential projects generally must maintain at least $2 million in liability coverage per occurrence and $5 million in aggregate coverage, including pollution liability.
Before construction, developers must place cash equal to at least 110% of an independent engineer’s estimated decommissioning and site-restoration costs into escrow. Developers of projects larger than 10 acres also must identify orphan oil and gas wells and submit plans addressing access, plugging, stray gas, aquifer protection, financial security and future liability.
A separate escrow account of at least $10,000 is required to cover certain county review costs, excluding legal expenses.
Fry previously emphasized that the amendment does not approve any particular development. Instead, it establishes information, planning and performance standards that must be addressed during the land-development review process.
The commissioners’ vote followed an Aug. 31 public hearing at the McKean County Fairgrounds and a public-comment period that closed Sept. 1. The county received comments from residents, municipal officials, planning professionals, developers and attorneys.
McKean County recently received a $36,165 Municipal Assistance Program grant from the Pennsylvania Department of Community and Economic Development for the broader SALDO update. The grant will offset part of the county’s $75,000 contract with Herbert, Rowland & Grubic Inc.
The planning consultant will review the existing ordinance, help evaluate its regulations, facilitate stakeholder engagement and develop recommended revisions.
Several stakeholder meetings are planned, with opportunities for input from municipalities, residents, developers, engineers, surveyors and other professionals who regularly work with the ordinance.
The tentative goal is to present the comprehensive update to the commissioners for consideration in October or November 2027.


