Delaware County adopts revised solar zoning text after weeks of debate; moratorium set to expire on adoption

Delaware County commissioners on Oct. 7 adopted an amended version of the county's comprehensive zoning ordinance addressing utility-scale solar energy facilities, approving the planning commission's recommended changes after extended discussion about setbacks, property-value guarantees and next steps for implementation.

The vote came after multiple commissioners and members of the public debated whether to keep a 500-foot setback from nonparticipating residences and whether to require developers to cover any post-construction losses in nearby residential property values. Commissioner Richard Brand moved to approve the planning commission's recommendations and the board voted in favor; roll-call votes recorded all three commissioners as voting yes.

The ordinance revision matters because it changes the county's rules for where and how large solar projects can be sited and it triggers the automatic end of a previously enacted moratorium on new filings. County legal staff said the moratorium in effect would expire "by operation" when the board adopted the planning commission's changes.

In the discussion leading up to the vote, commissioners, staff and members of the public debated three issue groups: the property-value guarantee, the distance setbacks from nonparticipating residences, and waiver language that would allow property owners to reduce setbacks through written agreement.

Commissioner Richard Reagan summarized the procedural options available, telling colleagues: "The choices for the commissioners are to accept the changes from the planning commission, to reject the changes from the planning commission, or to modify those changes and send it back to the planning commission based upon where your modifications are." Commissioner Brand said he supported the planning commission's recommendations and moved approval.

Commissioner Reagan and others described a prior internal compromise about distances discussed earlier in the review process; the transcript shows the board originally considered larger distances and later had recommended a half-mile in earlier discussions but ultimately worked with the planning commission's recommended figures. The adopted text allows reduced setbacks in some cases if a property owner signs a written waiver, and contains tailored setback language for farming parcels without dwellings.

Several members of the public urged a different approach. Sue Arrington, who identified herself as a Delaware County resident, told the board developers had proposed economic development agreements that, she said, would offset property-tax revenue losses tied to state-level property tax changes. She argued that commissioners had not engaged with those offers and asked the board to reconsider setbacks and the property-value guarantee. Linda Hansen of the League of Women Voters of Muncie-Delaware County similarly urged the board to reassess setbacks and the property-value guarantee, saying the offers she referenced had been sent to county economic-development staff months earlier.

Other public commenters expressed the opposite view: Mike Johnson, another resident, urged commissioners to retain the property-value guarantee and the 500-foot setback, saying in part, "Loss of property value is loss of quality of life." Several speakers described concern about views, reuse of land and long-term decommissioning obligations.

County planning staff told the board that clarifications and a memo explaining the "spirit and intent" of the ordinance language would be provided to the planning commission and to the public so day-to-day interpretation questions could be handled administratively.

After adopting the amended ordinance, the board voted to allow the solar moratorium (which had been scheduled to expire March 1) to lapse as the ordinance takes effect: county counsel told the commissioners the moratorium would be lifted when the board adopted the planning commission's recommended changes.

The board also agreed to leave some related items on the planning commission for clarification and to expect a wave of public inquiries to that office as property owners and developers seek details on application requirements and waiver procedures.

Ending note: the board's action changes the county's governing zoning text on solar energy facilities and ends the temporary moratorium. Because multiple developers and community groups have submitted competing recommendations, the planning office expects additional questions from residents and from prospective applicants as the county implements the revised ordinance.