Bourbon County forms solar-setback committee after weeks of public concern

Bourbon County commissioners on June 24 announced a seven-person committee to review setbacks and other local rules for proposed large-scale solar projects, responding to weeks of heated public comment. Commissioner Brandon said the commission reviewed nine letters of interest and chose seven residents to serve on the panel, describing the group as balanced between supporters and opponents.

The committee’s charge, as described by county officials, is to review setback distances and recommend guidelines the commission could use when considering development or, if necessary, whether to pursue zoning or a special-use permitting process. Chair (unnamed) said the group will "make recommendations to the county commission on setbacks" and that staff and commissioners will support the committee’s work.

Why it matters: Residents told the commission they were surprised to learn projects had advanced without broad local notice, and several asked the county for a stronger local role. Public commenters raised safety and property‑value concerns, cited differing setback proposals and alleged developers had used nondisclosure practices during negotiations.

What was said: Public commenter Kyle Parks told commissioners he favored protecting farmland and warned that converting productive land to utility-scale solar could be permanent. Sage Hall, another commenter, recounted an out‑of‑state case he said involved companies selling projects and “rendering the land useless to any further agriculture,” and cited a state lawmaker’s 1.5‑mile setback proposal.

Commissioners also described legal constraints. Commissioner Clifton warned of "inverse condemnation," saying the county cannot lawfully rescind rights where companies have already spent money and signed enforceable contracts. The chair said several existing contracts are effectively "done deals" under current law, and the moratorium the commission enacted earlier covers only sites without signed agreements.

Procedure and next steps: The commission said the committee should set its own meeting date, that at least one commissioner will be available to assist initially, and that committee meetings will be subject to open‑meetings rules as required by law. If the committee recommends setbacks that require formal zoning or a special‑use process, commissioners said that could lead to a larger public process — including a ballot question or commission-initiated ordinance where legally applicable.

Public reactions: Residents pressed commissioners on notification, alleged NDAs, and differing safety guidance (commenters referenced wide-ranging setback proposals from local advocates and state lawmakers). The chair told residents the board intends to "listen" to the committee’s recommendation and balance property-owner rights on both sides of the issue.

What the commission decided: The board selected Samuel Tran, Gene Tucker, Sparky Schroeder, Elsa Moss, Beau Casper, John Eaton and Vance Eaton to serve on the setbacks committee. The commission adjourned after asking the committee to begin meeting and report back.

The commission did not adopt any new setback ordinance at the June 24 meeting; it created the committee to study the issue and bring recommendations back to the board.