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Commission authorizes chairman to renegotiate solar setbacks and donation terms with developer
Summary
After lengthy public comment and commissioner debate, the Bourbon County Commission voted to authorize Chairman Harris to meet with NextEra to seek larger residential setbacks (chair suggested 400 feet) and negotiate a donation agreement; commissioners stressed the county cannot unilaterally impose setbacks on developers.
A public hearing and extended discussion at the Bourbon County Commission focused on proposed industrial solar projects and how far arrays should be set back from residences and environmentally sensitive features.
A public commenter and member of the county industrial committee urged much larger setbacks — he recommended 1,500 feet (500 yards) from residences, streams and outbuildings, citing concerns about battery energy-storage-system fires and potential water contamination. Commissioner debate ranged from endorsing the committee’s original 50‑foot recommendation (for non‑residential boundaries) to proposals of 300–500 feet around residences. Commissioners emphasized they lack unilateral authority to impose setbacks on private developers but can request or negotiate contract changes.
After back-and-forth discussion, the commission approved a motion authorizing Chairman Harris to meet with the developer NextEra to renegotiate setbacks and to discuss the donation agreement tied to project contracts. Commissioner comments noted some developers told commissioners they could make 500 feet around residences workable, while other commissioners favored a 300‑foot baseline with vegetative buffers. The motion to authorize negotiation and to seek revisions to the donation agreement passed unanimously.
The commission recorded that any formal regulatory change (for example, zoning or special‑use permit language placed on a ballot) would require separate action and possible public vote. For now, the board instructed the chair to pursue negotiation with NextEra and to report back on outcomes.
