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Jay County schedules May 11 hearing on plan commission ordinances amid moratoriums on wind, solar and battery storage
Summary
The county will hold a May 11 hearing to consider plan commission recommendations to raise setbacks and permit fees for wind and solar, and to create data center and battery storage ordinances; moratoriums on those developments remain in place until the commission acts.
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The Jay County Commissioners set a hearing for May 11, 2026, to consider plan commission recommendations that would raise setbacks and increase permit fees for wind and solar developments and create new ordinances for data centers and battery storage.
John Hemmelgarn, director of Jay-Portland Building and Planning, and Pati McLaughlin, administrative assistant, presented the plan commission’s March 17 recommendations, including raising permit fees from $1,750 per megawatt to $2,500 per megawatt, adding development-plan review, and strengthening road-use and repair language tied to project damage. McLaughlin told commissioners the plan commission requested a response promptly because moratoriums on windfarms, solar farms and battery storage remain in effect until new ordinances are adopted.
Attorney Wes Schemenaur told the board that state law gives the commissioners 90 days to approve, reject, or amend plan commission recommendations. Commissioners asked staff to draft stronger road-repair provisions and scheduled the May 11 public hearing to consider the package. The hearing will be the next formal opportunity for public input and for the commissioners to act on the plan commission’s proposals.
If adopted, the changes would increase permitting revenue per megawatt and add a formal county review step for development plans, and could alter bonding or road-repair obligations for developers. The planning office also noted the ordinance for carbon sequestration remains under review and was not included in the current recommendation.
The commission’s action on May 11 will determine whether the moratoriums are lifted and whether the proposed fee and setback changes become county policy.
