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County officials tell residents state law and PSC oversight limit ability to bar solar projects
Summary
County planning staff and legal advisers told Barren County residents at a town hall that KRS 100 and PSC procedures restrict the county’s power to ban utility-scale solar projects that meet statutory requirements; advisers outlined decommissioning-bond and PSC filing requirements and urged public comments to the PSC.
County planning staff and a legal adviser told a concerned audience at a Barren County town hall that state statutes and the Public Service Commission (PSC) process restrict how far the county can go in blocking utility-scale solar projects once developers have filed applications.
An agency official explained the local planning framework: the county must prepare a comprehensive plan and a future land‑use map under KRS 100; planning commissions hold the public hearings required for rezoning and may attach binding conditions such as setbacks and screening when they approve a zone change. He stressed, however, that "without zoning, you cannot stop what someone does on their property" when the activity is regulated at the state level or is otherwise allowed under existing law.
A legal adviser summarized how PSC review limits county action. He said developers must follow a statutory checklist when applying to the PSC, including environmental and wildlife impact studies, glare and noise analyses, and a decommissioning plan backed by a bond. "You can't change the rules halfway through the game," he said, explaining that courts can overturn local ordinances that act arbitrarily or retroactively against projects that complied with earlier approvals.
Speakers explained two financial mechanisms that arise in filings: revenue or incentive bonds (IRBs) and decommissioning bonds. The adviser said decommissioning bonds are intended to ensure money exists to remove panels and restore sites if a company fails; the county may be named as a secondary beneficiary, but the PSC administers enforcement of those requirements.
County officials told the public that while some local protections (setbacks, binding stipulations at rezoning) are available if zoning or rezoning processes are in place, banning a proposed project outright can be legally risky under current state law. They encouraged residents to file comments with the PSC, to participate in planning‑commission hearings on future land‑use maps, and to pursue administrative or legislative options rather than assuming immediate local prohibition.
The county did not take a formal vote at the meeting; officials said they would continue to review options and that the planning commission will present the comprehensive plan and future land‑use map in upcoming meetings.
