Leading Efforts to Protect the Flint Hills
Part Two of Two
Originally printed in our Fall - Winter 2004 Newsletter Prairie Wings
by Ron Klataske, Executive Director, Audubon of Kansas

Tallgrass prairie is the most altered ecosystem in North America.
Tragically only 3 to 5 percent of the historical tallgrass remains in any form on the continent. In terms of threatened biomes, tallgrass prairie is the North American continent equivalent of the once vast tropical rain forests that have been devastated in places such as Madagascar. The Flint Hills contain approximately two-thirds of all the remaining resource of unplowed tallgrass prairie, and is the only area with landscape expanses of tallgrass prairie.

Fortunately, Governor Kathleen Sebelius recognizes and has clearly stated that tallgrass prairie resources and landscapes are “a true treasure of national and international proportion, and as Kansans we fully understand we are the stewards of this treasure.”

In December 2003 she appointed a Wind and Prairie Task Force to “thoroughly examine and consider all of the key issues involved and recommend fundamental guidelines, principles, and best practices that can be utilized by local governments, landowners, project developers, and other interested stakeholders to site future wind energy projects....” A tremendous compilation of information and a series of recommendations were included in the report published June 6, 2004. It is available at www.kansasenergy.org/sercc_wptf.htm. Two distinct options were developed by the Task Force, but a vote was never taken to see which had the support of the majority of the membership.

Option A: Management of Wind Development to Conserve Grasslands of Statewide Importance promotes serious commitments to preservation of the Flint Hills/Tallgrass Prairie by avoiding commercial windpower developments in the areas with a preponderance of native prairie, and with a seven mile buffer to protect the area’s ecological integrity and incredible beauty. This option was prepared by five members of the conservation community and Tallgrass Ranchers on the Task Force--Dick Seaton, Scott Ritchie, Alan Pollom, Rose Bacon and Jan Jantzen, as designated in the report.

Option B: Finding Common Ground in the Flint Hills was designed “as a compromise approach” and it recommends “preserving ecologically significant and sensitive areas of Tallgrass Prairie” AND promotion of commercial windpower development in the region without a moratorium and with few restrains to impede development other than county zoning. Option B was prepared by a representative of the commercial wind industry, a county development and zoning director, and possibly a co-chair of the Task Force. However, those authors chose to not be identified in the report.

One positive aspect of both options was a recommendation that the State should map the remaining untilled native grasslands to identify areas that should receive additional consideration, and possibly attention during the 2005 legislative session. Governor Sebelius has asked developers to hold off on developments in the Flint Hills until the State of Kansas can develop policies for concurrently protecting prairie and encouraging development in more appropriate areas.

A copy of the recent map showing areas with 90 percent or more intact tallgrass prairie landscape is provided as an illustration. It will be an incredible victory for conservation if this area is protected from subsidized industrial windpower development. We believe, however, that landscapes with 50 to 90 percent prairie may be just as important ecologically because the native rangelands and hay meadows within these areas are usually managed in a heterogeneous fashion. Hay meadows within these landscapes often provide sanctuary for rare prairie plants and associated fauna.

Residents and landowners in Wabaunsee County, including leaders of Tallgrass Ranchers, worked diligently for most of a year to obtain recognition of the county’s Comprehensive Plan as a guide to a decision on this contentious issue. That plan recommends protection of the pastoral and natural character of the county, and recommends restriction of industrial development from agricultural areas. On June 28th, they were successful when the Wabaunsee County Commissioners voted 2-1 to prohibit industrial Wind Energy Conversion Systems as a permitted use in Wabaunsee County.

The basis of the motion was that Commercial Wind Energy Conversion Systems would not be in the best interests of the general welfare of the County as a whole. In light of the historical, existing and anticipated land uses in the County, they would adversely affect the County as a whole. They would be incompatible with the rural, agricultural, and scenic character of the County. They would be detrimental to property values and opportunities for agricultural and nature based tourism.

As residents of Riley County and leaders of Audubon of Kansas, Dick Seaton and I have attended every Riley County Planning Committee and County Commission meeting dealing with the subject during the past year. Our goal has been to help develop model regulations that will effectively guide development proposals away from unfragmented prairie landscapes and sensitive environmental and scenic areas. In addition, we specifically advocated language that will empower landowners surrounding proposals to have sufficient notification and protest petition rights. Nearly 150 people attended a public hearing on the regulations and 80 percent of the fifty speakers expressed support for strong regulations, or alternatively a prohibition, of industrial scale development. An excellent set of regulations advanced, but provisions designed to protect the interests of adjacent landowners were deleted at the last minute when two commissioners caved to the advocacy of developers and the Kansas Farm Bureau working on behalf of landowners with leases.

In parallel efforts, many of us have worked diligently in other Flint Hills counties to obtain improved zoning regulations. We are hopeful that the best elements of regulations developed in Riley County will be the basis for regulations in other counties throughout Kansas--along with addition of provisions to protect adjacent landowners. Unfortunately, Chase and Morris Counties in the heart of the Flint Hills do not have any zoning regulations of any kind. Thus, the property values of rural residents and resources of public interest are afforded no standing by the counties, and developers can proceed at will wherever they can obtain a lease.

At this point, however, development in the Flint Hills has been held at bay by a combination of other factors. Most notably, investors will not finance just any developer’s scheme, and certainly not without a purchase agreement from a utility. We are all grateful that Westar, Kansas City Power and Light, and utilities have not signed any purchase agreements with developers who have seriously flawed and environmentally destructive projects. We are also grateful that Governor Sebelius has asked companies to refrain from development in the Flint Hills and prairie landscapes to allow the state time to develop recommendations and potential state protocols.

Aside from the expected impact of these projects on Prairie-chickens, bird conservation has not been a major consideration. Windpower developers, advocacy associations and “ornithologists” on the payroll of the companies minimize bird collision mortalities at every opportunity. This is coupled with the fact that most facilities are inadequately monitored to recover dead birds before they are taken by scavengers in order to determine the magnitude of the problem.

Fortunately there are a number of ornithologists worldwide who are willing to speak up for bird conservation. One of those is Mark Duchamp of Spain who has provided information and a website to demonstrate that the bird massacres at Altamont California and Tarifa are not necessarily exceptions, but the tip of the iceberg. As he indicates, wind turbines are killing “millions of birds worldwide, many of them on the endangered list”. For more information go to: http://www.iberica2000.org/documents/EOLICA/1_windfarms_Compilation_of_birdkill_statistics.doc

We trust that the Flint Hills will not become a killing field for migrating birds. Golden Plovers, Upland Sandpipers, several species of raptors and many other birds are attracted to and migrate over this island of prairie. In a 30 mph wind the tip of the rotor blades travel at 150 mph.

Looking back over the past two and half years, it is remarkable that so much has been achieved. The last several million acres of native tallgrass prairie remaining in America are still intact and have not been subjugated to severe industrial impacts. We still have all of the remaining expanses that have been recently mapped, and these landscapes are worthy of fighting for and saving. Please continue to join us in this campaign.