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Dubois County Council enacts 36-month moratorium on tax abatements for commercial solar development

Dubois County Council · October 28, 2024
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Summary

The council unanimously adopted Ordinance 2024-16 imposing a 36-month moratorium on tax abatements and related subsidies for commercial solar energy systems in Dubois County, citing insufficient public support and reserving exemptions to other county solar standards.

The Dubois County Council unanimously adopted Ordinance 2024-16 on Oct. 28, 2024, imposing a 36‑month moratorium on tax abatements and other subsidies related to commercial solar energy systems.

President Michael W. Kluesner presented the ordinance and Alex P. Hohl moved to approve Ordinance 2024-16; Ryan Craig seconded and the council voted to adopt the measure. The ordinance’s recitals state the council found “a lack of overwhelming public support for commercial solar facilities” and that offering tax incentives for commercial solar in rural areas should be prohibited, subject to any comprehensive plan.

Section 3 of the ordinance establishes the moratorium for a period of thirty-six months following the ordinance’s effective date on the filing, processing, review, consideration and granting of all applications for tax abatement and other subsidies that relate to commercial solar energy systems as defined by Indiana Code § 8‑1‑41‑2 or similar alternative energy systems. The ordinance states it does not modify or affect the effectiveness of Dubois County Ordinance No. 2022‑12 (county standards for commercial solar systems).

The ordinance cites Indiana Code provisions governing economic revitalization and local authority, including Indiana Code § 6‑1.1‑12.1‑2(a) and Indiana Code § 36‑1‑3, and includes standard severability and judicial‑review language restricting the creation of new enforceable private rights. The text instructs the Auditor to promulgate the ordinance and omits codification because it concerns a moratorium on filing certain applications.

During public comment, resident Mark Nowotarski asked the council for clarification about Ordinance 2024‑16. Minutes record the public‑comment request for clarification but do not include a detailed exchange or further explanation in the hearing record.

The ordinance was adopted as written and will be effective following completion of any legal requirements noted in the ordinance text.