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Pulaski County lifts stop-work order on three solar sites after legal debate over fence setbacks
Summary
After a legal review and public comment, the Pulaski County commissioners voted 2–1 to lift a stop-work order affecting three solar project sites; county staff and the county attorney warned of ambiguity in the unified development ordinance over whether fencing counts as a CSES component.
The Pulaski County Board of Commissioners voted 2–1 to lift a stop-work order that had been applied at three solar project sites, following a lengthy legal review and public comment on whether security fencing is a defined “CSES component” under the county unified development ordinance.
The question before the board centered on whether fencing that accompanies large commercial solar energy systems (CSES) is part of the project components that trigger a 50-foot setback from nonparticipating property lines. County Attorney Jacob (County Attorney) told commissioners the ordinance’s language is ambiguous: the ordinance defines CSES components but does not explicitly list fencing, and that ambiguity weakens the county’s legal position if it defends enforcement in court.
The stop-work orders were issued while the building department and county counsel reviewed whether installed fencing complied with the setbacks described in the UDO. Jacob said the ordinance…
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