§205-5.2  Designation of areas as geothermalresource subzones.  (a)  Beginning in 1983, the board of land and naturalresources shall conduct a county-by-county assessment of areas with geothermalpotential for the purpose of designating geothermal resource subzones.  Thisassessment shall be revised or updated at the discretion of the board, but atleast once each five years beginning in 1988.  Any property owner or personwith an interest in real property wishing to have an area designated as ageothermal resource subzone may submit a petition for a geothermal resourcesubzone designation in the form and manner established by rules and regulationsadopted by the board.  An environmental impact statement as defined underchapter 343 shall not be required for the assessment of areas under thissection.

(b)  The board's assessment of each potentialgeothermal resource subzone area shall examine factors to include, but not belimited to:

(1)  The area's potential for the production ofgeothermal energy;

(2)  The prospects for the utilization of geothermalenergy in the area;

(3)  The geologic hazards that potential geothermalprojects would encounter;

(4)  Social and environmental impacts;

(5)  The compatibility of geothermal development andpotential related industries with present uses of surrounding land and thoseuses permitted under the general plan or land use policies of the county inwhich the area is located;

(6)  The potential economic benefits to be derivedfrom geothermal development and potential related industries; and

(7)  The compatibility of geothermal development andpotential related industries with the uses permitted under chapter 183C andsection 205-2, where the area falls within a conservation district.

In addition, the board shall consider, ifapplicable, objectives, policies, and guidelines set forth in part I of chapter205A, and chapter 226.

(c)  Methods for assessing the factors insubsection (b) shall be left to the discretion of the board and may be based oncurrently available public information.

(d)  After the board has completed acounty-by-county assessment of all areas with geothermal potential or after anysubsequent update or review, the board shall compare all areas showinggeothermal potential within each county, and shall propose areas for potentialdesignation as geothermal resource subzones based upon a preliminary findingthat the areas are those sites which best demonstrate an acceptable balancebetween the factors set forth in subsection (b).  Once a proposal is made, theboard shall conduct public hearings pursuant to this subsection,notwithstanding any contrary provision related to public hearing procedures. Contested case procedures are not applicable to these hearings.

(1)  Hearings shall be held at locations which are inclose proximity to those areas proposed for designation.  A public notice ofhearing, including a description of the proposed areas, an invitation forpublic comment, and a statement of the date, time, and place where persons maybe heard shall be given and mailed no less than twenty days before thehearing.  The notice shall be given on three separate days statewide and in thecounty in which the hearing is to be held.  Copies of the notice shall bemailed to the department of business, economic development, and tourism, to theplanning commission and planning department of the county in which the proposedareas are located, and to all owners of record of real estate within, andwithin one thousand feet of, the area being proposed for designation as ageothermal resource subzone.  The notification shall be mailed to the ownersand addresses as shown on the current real property tax rolls at the countyreal property tax office.  Upon that action, the requirement for notificationof owners of land is completed.  For the purposes of this subsection, notice toone co-owner shall be sufficient notice to all co-owners;

(2)  The hearing shall be held before the board, andthe authority to conduct hearings shall not be delegated to any agent orrepresentative of the board.  All persons and agencies shall be afforded theopportunity to submit data, views, and arguments either orally or in writing. The department of business, economic development, and tourism and the countyplanning department shall be permitted to appear at every hearing and makerecommendations concerning each proposal by the board; and

(3)  At the close of the hearing, the board maydesignate areas as geothermal resource subzones or announce the date on whichit will render its decision.  The board may designate areas as geothermalresource subzones only upon finding that the areas are those sites which bestdemonstrate an acceptable balance between the factors set forth in subsection(b).  Upon request, the board shall issue a concise statement of its findingsand the principal reasons for its decision to designate a particular area.

(e)  The designation of any geothermal resourcesubzone may be withdrawn by the board of land and natural resources afterproceedings conducted pursuant to chapter 91.  The board shall withdraw adesignation only upon finding by a preponderance of the evidence that the areais no longer suited for designation; provided that the designation shall not bewithdrawn for areas in which active exploration, development, production ordistribution of electrical energy from geothermal sources or direct useapplications of geothermal resources are taking place.

(f)  This Act shall not apply to any activeexploration, development or production of electrical energy from geothermalsources or direct use applications of geothermal resources taking place onJune 14, 1983, provided that any expansion of such activities shall becarried out in compliance with its provisions. [L 1983, c 296, pt of §3; am L1986, c 124, §1, c 187, §2, and c 290, §2; am L 1987, c 336, §7 and c 378, §2;am L 1990, c 293, §8; am L 1995, c 11, §10 and c 69, §10; am L 1998, c 2, §61]

 

Note

 

  In subsection (f)"This Act" refers to L 1983, c 296.

 

Case Notes

 

  Statute sufficientlyclear to comport with due process.  69 H. 255, 740 P.2d 28.