Bourbon County exempts two commercial solar projects from moratorium, approves related agreements

The Bourbon County Board of County Commissioners voted Dec. 5 to exempt two proposed commercial solar projects — Tennyson Creek and Hinton Creek — from the county’s moratorium on commercial solar projects and to approve a package of agreements intended to resolve pending litigation and set contribution terms.

County counsel told the commission the package comprises nine documents: settlement and release agreements for each project, first amendments to prior development agreements, two contribution agreements and three resolutions, including the exemption from the moratorium. After a brief recess to allow review, the board opened a public‑comment period and then adopted Resolution 41‑25 exempting both projects.

Why it matters: The board’s votes clear legal and administrative hurdles that the county said would allow the projects to proceed despite an ongoing zoning moratorium. County officials said the contribution agreements will provide money to the county and to local stakeholders; exact contribution amounts were described in meeting documents placed on the county’s public portals.

Public concerns and responses: Several residents questioned setbacks, siting of battery storage and long‑term decommissioning. Speakers cited setback distances discussed in the agreements (participants referenced figures of about 400 feet and 100 feet for certain buffers) and raised worries about visual impacts, rock or soil suitability, property values and who would bear cleanup costs if panels or batteries reach end of life. One resident warned that companies can reorganize under new LLCs and avoid cleanup liabilities; another thanked the commission for negotiating improved terms that would return more benefits to the county. County counsel and commissioners repeatedly said the agreements include setback and site‑use language and that many details would be fixed during surveying and permitting.

What the board approved: The commission first adopted the moratorium exemption (Resolution 41‑25) and then moved to sign the first amendments to the development agreements, the settlement and release agreements, and the contribution agreements for Tennyson and Hinton Creeks. The board also approved two separate resolutions (listed in the packet as 39‑25 and 40‑25) adopting the two contribution agreements.

Next steps: County officials said that, following the votes, the county would finalize the agreements and proceed with ministerial steps necessary for implementation. Pending zoning, surveying and permitting steps remain, and residents were told that some site specifics — including exact panel placement and battery locations — will be determined by survey and project engineering.

The board took the actions after legal counsel summarized the documents and after a public‑comment period where both support and strong reservations were voiced.