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Daviess County enacts year-long moratorium on battery storage and wind energy applications
Summary
Daviess County Fiscal Court approved an ordinance temporarily halting acceptance and processing of applications for battery energy storage and wind energy conversion systems while staff and planning agencies study zoning and safety impacts; the moratorium runs through June 2027, the court said.
Daviess County Fiscal Court on Thursday adopted an ordinance imposing a temporary moratorium on acceptance and processing of applications for battery energy storage systems and wind energy conversion systems.
The ordinance, read at second reading by the county counsel and approved by voice vote, directs county staff to secure studies and recommendations and gives the court time to amend local zoning and permitting rules. "This moratorium will remain in effect through June 2027," the counsel said while reading the ordinance text. The court moved and seconded the measure and approved it by voice vote.
Why it matters: county officials told the Fiscal Court they lack specific provisions in the Owensboro metropolitan zoning ordinance and comprehensive plan to address these technologies and want to ensure new facilities are sited and regulated to protect public health and safety. Commissioner Marksberry urged the court to "look to the Bowling Green model in Warren County," saying that jurisdiction's prior work could speed local rulemaking.
Details from the meeting: the ordinance suspends acceptance and processing of zoning permits, conditional use permits, site plans and building permits tied to the covered technologies until the county adopts appropriate regulatory language. Officials discussed the ordinance's publication schedule; the counsel said the ordinance takes effect upon passage and publication according to law and indicated publication was expected June 30.
Related solar work: Judge Executive Charlie Cassen provided an update on parallel solar rulemaking. He said the planning and zoning staff drafted language and removed materials the planning staff deemed inappropriate for zoning rules; planning and zoning is expected to consider the draft in August and the county hopes to schedule its hearings so any county-level solar ordinance changes can be considered before an administrative deadline referenced by staff. "They will be voting on it in August at their meeting," Cassen said, and the county plans to return the draft for commission consideration after that review.
What the court did not do: the court did not adopt technical standards, setback distances, or performance requirements during the meeting; instead it paused permit processing to permit study and ordinance drafting. No final regulatory language was approved at the session.
Next steps: county staff and planning and zoning will prepare the studies and draft regulations described in the ordinance; county officials said they would revisit the matter once those materials are available and after the planning and zoning review.
