Pulaski Plan Commission Sends Updated Solar Regulations to County Commissioners but Proposed State Legislation Could Supersede Them

Updates to Pulaski County’s solar farm regulations got the approval of the county’s advisory plan commission Thursday. The proposed adjustments would beef up setback and screening requirements.

Any component of a commercial solar energy system would have to be at least 150 feet away from a non-participating property line or right-of-way. Solar panels would also be allowed in industrial zones, rather than just agricultural land.

One major sticking point was a requirement to plant a tree barrier around a solar farm. One proposal required the trees if there’s a home within a mile, but commission member Mike McClure didn’t think the requirement was needed at all. “I think that ought to be between the property owner and the neighbor and the developer,” he said. “I don’t think we need to dictate that. We’re not God.”

In the end, the plan commission agreed on a distance of a half-mile before the tree requirement would come into play. Members also want to lower the noise limit from 80 to 50 decibels, but spent several minutes debating whether that should be measured at the property line or a neighbor’s home

Four of the people who spoke during the public hearing didn’t think the proposed regulations went far enough, while two wanted less restriction. Connie Ehrlich, one of the people taking legal action against the county over solar development, urged the county to stop spending money on solar litigation, which was met with laughter from the plan commission.

Hoosiers for Renewables Assistant Director Connie Neininger, meanwhile, cited the economic development opportunities a solar project could bring. “If you look at Pulaski County’s assessed valuation just over the past year, it has dropped over $35 million,” she told the plan commission. “That’s just in one year. What are you going to do to turn that around?”

But all of the regulations discussed Thursday could become meaningless, if the state takes control of setting wind and solar energy development standards, as proposed in House Bill 1381. Community Development Commission Executive Director Nathan Origer argued that, no matter the outcome, local officials should have the chance to make their own decisions.

“Essentially, if I could be crude about it, the state is trying to take the county to the vet and neuter it, just cut them right off,” Origer said. “The powers that be in Indianapolis, starting with Ed Soliday up in Valparaiso, are trying to take away local control. I mean, it’s a power grab. At the end of the day, whatever we can say pro- or anti-renewable energy, it is a power grab trying to tell local communities that their elected officials aren’t competent to make rules that are in the best interest of the community.”

About 60 counties have passed resolutions voicing their opposition. Origer said he’s drafted one for the Pulaski County Commissioners, but he didn’t know yet if they planned to consider it.

As for the county’s regulations, Origer suggested that the plan commission move ahead with their recommendation but that the county commissioners could wait for the outcome of House Bill 1381 before giving their final approval.

Meanwhile, the Pulaski County Board of Zoning Appeals will hold a public hearing Monday on a request to allow solar development on almost 4,700 acres as part of the proposed Mammoth Solar project.