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Vermillion County delays action on solar, battery rules after wide public outcry over data centers
Summary
After hours of public comment on water, fire safety and local control, commissioners agreed to table a text amendment that would remove utility-scale solar from standard permitted uses and restrict lithium-ion battery storage. The board postponed final action until its July meeting so all three commissioners can participate.
The Vermillion County Board of Commissioners on June 12 delayed final action on a proposed Unified Development Ordinance text amendment that would remove utility-scale solar power plants from the list of standard permitted and special-exception uses and would restrict bulk energy storage systems from using lithium-ion batteries as a primary technology.
Penny Carpenter, Vermillion County area plan executive director, told the board the APC'recommended text amendment "generally does three things": strike solar power plants from the list of permitted uses, preserve regulations for two already-approved solar projects, and restrict lithium-ion battery storage for bulk facilities because of the risk of runaway fires. She said the change was intended to pause new large-scale projects while the county monitors the performance and impacts of two approved developments.
Speakers at the public comment period urged both caution and restraint. Lane Atchison of NT North America, an energy developer, asked the board to delay action and present additional economic and safety information, saying the company's tax-analysis estimate projected "$8,585,300,000 dollars" in revenues to the county over the life of the project under stated assumptions. Nolan Myhill, a petition organizer, said petitioners gathered "more than 830 signatures" urging ordinances to protect water, noise, lighting and public-safety interests.
Other residents asked the board to preserve local land-use options and property rights. Nancy Folkes said the change removes "entire land-use categories" and asked the commissioners to require a second reading or postpone the decision to allow fuller APC review and to give all three commissioners a chance to participate.
The board's Chair said commissioners must balance public concerns and economic opportunities and noted that developers can pursue a planned-unit development (PUD) process to seek case-by-case approval. After discussion, the board voted to table the text amendment for consideration at the July meeting when Commissioner Peebles can attend.
The action was procedural (postponement) rather than an approval or denial. Commissioners and APC staff also emphasized that any future data-center or large-utility proposal would still be subject to APC review and a PUD process that includes public hearings.
Next steps: the text amendment will return to the board at its July meeting for further discussion and potential action, and developers and APC staff expect to provide additional technical, safety and economic detail before the board takes a final vote.
