Pulaski County lifts stop-work order on three solar sites after legal debate over fence setbacks

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 defines CSES components as “freestanding ground mounted solar arrays or modules, battery storage facilities, solar related equipment, and ancillary improvements, including substations,” and noted that the argument over whether fencing qualifies as equipment is not “black or white.” He warned commissioners the county likely has “some holes” in its enforcement argument without clearer definitions.

Commissioners and staff discussed earlier actions to clarify setbacks. Several speakers said an informal expectation of a 50-foot setback had been communicated to developers before permits were granted; others noted that a March revision to the ordinance would apply only to future permits, not to projects permitted earlier. Carla (Building Inspector) reported that site plans submitted by Mammoth were difficult to read and that measurements on the plans were small, complicating review.

Public commenters urged the county to hold to a 50-foot buffer. Casey Lowry, a resident on 550 South, told commissioners, “Anything owned by the solar company is a solar component. Anything that's there wasn't there before. There’s not corn. There’s not soybeans. It is solar now.” Bonnie Ehrlich asked how components listed in the UDO would affect eligibility for tax abatement, and Gail Lambert said residents felt “let down” and urged stronger protections and a moratorium on battery storage permitting.

County staff reported technical and enforcement details connected to the projects: the building department listed three permitted projects with acreage totals — the Mammoth Dorel project at 9,722 acres, Moss Creek NextEra at 1,708 acres, and Mayapple BP at 2,328 acres — and a fourth (Bottlebrush/Invergy) awaiting a PACER study at about 1,300 acres. Staff reported the total permitted acreage across these projects as 13,758 acres and said that, compared with Pulaski County’s 245,345 acres of agricultural land and 278,101 total acres, land potentially affected by solar (after setbacks and non-panel areas) represents about 5.4% of the county’s land base.

The county attorney recommended clarifying the UDO to resolve the ambiguity. Several commissioners urged staff to work with county planning to amend the ordinance and tighten definitions for future permits. After discussion, a motion to remove the stop-work order carried by a 2–1 vote.

Discussion-only items and next steps recorded in the meeting included staff direction to review submitted site maps and to ask Mammoth Solar (the developer) to provide clearer, scaled documentation of distances between panels, fences and property lines. Jacob said the county’s ordinance could be amended to define which items constitute CSES components and to remove doubt for future projects.

The decision leaves the three sites able to resume certain work while the county pursues ordinance clarifications and further review of as-built distances and site documentation.