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Ouachita Parish adopts new rules for large solar farms, including buffers and decommissioning plan

Ouachita Parish Police Jury · July 15, 2024
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Summary

The Ouachita Parish Police Jury on July 15 adopted Ordinance No. 9489 adding Article V to Chapter 19½ to regulate solar farms, requiring permits with community meetings, drainage and traffic plans, buffer setbacks, decommissioning and maintenance plans, and a tiered permit fee structure.

The Ouachita Parish Police Jury adopted Ordinance No. 9489 on July 15, 2024, creating Article V of Chapter 19½ to establish site-development regulations for large solar farms in the unincorporated parish. The measure passed by roll call vote with six yeas and no dissent (Toni Bacon, Jimmy Tyson, Larry Bratton, Michael Thompson, Shane Smiley and Lonnie Hudson).

The ordinance defines a “solar farm” as a photovoltaic installation with at least one megawatt direct current generation capacity and requires applicants to submit detailed site plans, access roads, drainage and environmental studies, and a traffic plan. Applicants must hold at least one community meeting before permit approval, with notice published twice in the parish’s official journal.

Permit fees are set at $1,000 for projects of 500 acres or less; projects larger than 500 acres pay $1,000 plus $1 for each acre beyond 500. Permits expire after 24 months unless substantial work has commenced or the Police Jury grants an extension; permits may be transferred with written notice to the parish.

The ordinance mandates plans to prevent adverse impacts on parish drainage and adjacent properties, requiring hydrologic and hydraulic analysis or a remediation plan. It sets buffer setbacks of 150 feet from any residence, 50 feet from the front line of adjacent properties (as configured at application), and 25 feet from rear or side lines, and requires screening at least six feet high adjacent to the curtilage of existing residences.

Security and operations requirements include providing sufficient access for first responders, limiting artificial lighting to the minimum needed for safe operations, and installing perimeter fencing that complies with applicable safety codes. The ordinance requires a decommissioning plan that is triggered by cessation of operations exceeding 90 days; the plan must specify removal timelines and environmental remediation where required by EPA, DEQ or the parish.

The ordinance establishes an enforcement and penalty framework for failures to adhere to decommissioning or maintenance plans. If an inspection finds noncompliance and the permittee fails to remediate after written notice and the allowed cure period, the parish may assess liquidated damages of $500 per day for each subsequent day the deficiency remains uncorrected, enforceable before the Ouachita Parish Administrative Hearing Officer.

Supporters of the ordinance argued in its preamble that the parish contains areas suitable for solar development and that existing site-development regulations do not fully address the unique aspects of large solar installations. The ordinance passed by majority roll call on July 15 and becomes effective upon adoption.