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Delaware County commissioners table solar zoning amendment after public debate and utility comments
Summary
The commissioners delayed action on Ordinance No. 2025-20, a proposed amendment to the county zoning code addressing utility-scale solar, after receiving public testimony and requests from American Electric Power for clarifications including property-value guarantee language; the board voted unanimously to table the measure for further revision.
Delaware County Commissioners on Sept. 15 voted to table Ordinance No. 2025-20, a proposed amendment to the county comprehensive zoning ordinance addressing large-scale solar energy, after commissioners said they want clearer language on property-value guarantees and to consider feedback from American Electric Power.
The proposal, introduced to the board earlier this month and reviewed by the county planning commission, prompted several speakers during the public-comment period and questions from commissioners about technical clarifications. Commissioner Richard Brand said he wanted "a clean copy of the clarification of the property value guarantee and consideration for American Electric Power's verifications" before moving forward.
The planning commission had previously voted in favor of a draft and provided the board with a recommendation; commissioners and staff said late-week comments from American Electric Power raised issues about how the ordinance would treat utility projects not tied to solar — AEP sought distinctions for substation setbacks, distribution poles and underground wiring, fencing, and commercial battery energy storage systems.
Local residents who spoke to the board presented mixed views. Robert Kester of West Burnell Drive raised conflict-of-interest concerns about commissioners who might have familial ties to farmland and asked whether recusal would be appropriate. Cheryl Swingley urged the board to consider potential jobs and economic benefits from utility solar, saying the industry could create "good paying union jobs" and noting Delaware County's median household income as context. Doug Marshall praised the board's prior moratorium on industrial solar and the planning commission's work, urging approval of a balanced ordinance. Linda Hanson of the League of Women Voters criticized the ordinance's development process and urged clearer, more transparent drafting; she asked whether changes would be returned to the planning commission, and the board said that the planned clarifications were not expected to require a new planning-commission review.
Commissioners discussed statutory options available under state law: they may accept, reject, modify and remand, or hold a new public hearing within 90 days of formal presentation. County legal counsel reminded the board that Sept. 5 was the date the ordinance was certified to the commissioners, starting that clock. After discussion, Commissioner Brand moved to table the ordinance until staff could produce the clarified language; the motion passed on a roll call vote with all three commissioners voting yes.
The board said they will work to include clarified property-value-guarantee language and to review AEP's requested delineations between solar projects and other utility infrastructure before bringing the measure back for consideration. No final zoning changes were adopted at the Sept. 15 meeting.
Votes and next steps: The board voted to table Ordinance No. 2025-20; commissioners directed staff to prepare revised language addressing property-value guarantees and to document AEP's requested clarifications for the county's review. The meeting record shows the tabling vote was unanimous.
This pause preserves the status quo zoning rules pending the clarified ordinance and gives county staff and counsel time to incorporate the utility's input and tighten warranty language before a future vote.
