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Commissioners keep solar ordinance discussion on the table as landowners and experts raise tax, decommissioning and utility concerns
Summary
Delaware County commissioners discussed solar siting, property-value guarantees, FEMA and prime farmland distinctions, and potential public ownership of projects; after updates and new information, the solar ordinance discussion remained tabled pending additional information from developers and agencies.
The Delaware County Board of Commissioners on Monday discussed proposed county rules for commercial-scale solar and wind projects, but kept the matter on the table while staff and developers provide additional information.
Commissioner Richard Brand reported meetings with landowners and a subject-matter expert arranged by the Center for Energy Education. Staff and consultants flagged several issues: Federal Emergency Management Agency (FEMA) flood maps and legal-drain status affect whether land qualifies as “prime” agricultural ground; proposed property-value guarantee distances were debated (the expert called a one-mile, one-year guarantee “reasonable,” while current proposals use a half-mile, one-year guarantee); and several solar projects already in the county could be sold later to regulated utilities, which may change tax treatment, potentially creating tax-exempt ownership.
Brand told the board the assessed value for farmland under the state formula is $2,390 per acre, while utility-class valuation (for land carrying a utility such as large-scale solar) is currently $13,726 per acre under state guidance; he advised landowners to review contracts for tax-payment terms. He also reported that several companies are active locally and that about 3,000 of the 5,000 acres listed in the draft ordinance are already claimed by developers.
Brand said he asked an expert about decommissioning and was told she could not identify a successful full commercial-scale solar decommissioning in the United States. Commissioners noted other counties’ responses, including moratoriums or highly restrictive local ordinances.
After discussion and a continued request for more information from developers and the County Redevelopment Commission, the board voted to keep the solar ordinance matter on the table pending the additional materials. Commissioner Brand urged landowners to confirm contract language for tax payment and decommissioning terms before signing. No vote on substantive ordinance language was taken.
