Planning commission debates Harrison County model for commercial solar — zoning, wells and insurance under scrutiny
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Summary
Commissioners reviewed a Harrison County Commercial Green Energy Systems model and spent substantial time debating where utility-scale solar should be sited, protections for wells/topsoil, acreage caps, and operator insurance; developers urged trust in negotiated landowner deals.
Washington County Planning Commission members opened an extended discussion on whether and how to adapt a Harrison County model ordinance for commercial green energy systems (C‑GES) to local conditions.
Commissioners considered Harrison County language that limits utility‑scale solar to industrial zoning and caps acreage; several said that approach may not translate to Washington County because the county currently lacks a comprehensive zoning map. "That was something Adam Dufour brought up...we don't have any light industrial on our zoning maps," one commissioner said, noting the practical difficulty of limiting solar to industrially zoned parcels in a largely agricultural county.
Panel members and attendees raised multiple protections they want in a local ordinance: bans on removing topsoil from a site unless it is returned or otherwise protected, clear well‑testing benchmarks before construction in karst terrain, and insurance requirements for operators during construction and operation. Commissioners emphasized the need for recorded maintenance or access agreements where utilities or wells are shared and suggested including remediation language to address well or water‑quality complaints.
Owen, representing landowners and solar proponents, urged the commission to trust landowners who have negotiated deals and defended the use of NDAs in private negotiations. "These landowners are savvy...they've all had attorneys review these agreements," Owen said, and he recommended a strong, locally tailored ordinance to manage risks rather than blanket exclusion.
Commissioners also discussed possible acreage caps. Members compared Harrison County's limits (200‑acre cap for a single utility site and a countywide cap of 2,000 acres) with proposals discussed locally that range into the thousands of acres; the commission asked staff to consider acreage limits either as absolute acres or as a percentage of county land.
The commission asked staff to obtain a Word copy of the Harrison County document for collaborative editing and to return with draft language — including specific well‑testing protocols, topsoil management, insurance requirements and options for acreage caps — before the May 12 public hearing.
Next steps: staff will try to obtain the Harrison County Word file, draft local adaptations addressing the stated technical concerns, and circulate proposed language for the commission and public ahead of the next public hearing.
