Tilton committee debates setback rules that could bar large solar project

The Chair led the committee through proposed changes to Section 350.52 addressing principal uses for community and utility‑scale solar, focusing on a 2.5‑mile spacing rule and a 0.5‑mile first tier that would limit where new facilities can locate. The committee was told a nearby existing facility could make the Tilton site ineligible under the current draft.

Presenter (company representative) said the combined reading of those provisions "would seem to prohibit any utility statement project" in the study area and asked for clarification of the drafters’ intent. Committee members pressed whether a 2.5‑mile setback could be applied beyond the village corporate limits, noting municipalities generally lack authority to extend zoning control into neighboring states or outside their extraterritorial jurisdiction.

The Chair cautioned the group that the meeting is informational and that the committee will take notes and forward recommendations to the board; no vote was taken. The committee asked staff to return with legal analysis on the village’s zoning reach and with redrafted language that isolates community‑solar from utility‑scale definitions to prevent unintended exclusion of permitted uses.

"I would also encourage that, to set the dialogue for the meeting...we will allow for public comment at the end," the Chair said, reiterating that final decisions will be made later after legal review and additional drafts.