Residents and commissioners spar over draft solar ordinance; plan commission schedule set

Dearborn County commissioners spent the evening focused on a 50-page draft solar ordinance that staff circulated to county reviewers last week and which the plan commission will consider at upcoming meetings. Planning staff said the draft was sent to the citizen advisory group, the plan commission, the BZA, MS4 coordinator, EMA director, assessor, highway engineer and building commissioner for technical review; a plan commission discussion is scheduled for Aug. 24 and a special meeting dedicated to the ordinance on Sept. 9, with a potential advertised vote on Sept. 28.

“...the draft ordinance just for the solar was sent out...it is sent out to the commissioners, the plan commission, the BZA, MS4 coordinator, EMA director, so water, the assessor, highway engineer, building commissioner...all to have them review it” (Nicole, planning staff). Commissioners and staff exchanged detailed questions about setbacks, waivers, berming and panel heights — for example, the draft contains different height allowances (15 and 20 feet) and allows waivers where neighbors sign consent, which staff said can reduce setbacks. Staff also noted a three-foot minimum clearance at the panel base where panels are tilted.

During public comment several residents said the draft lacks protections they sought in public workshops. Michelle Dudley told the board that the draft “suggested 350 ft setback at most,” while an appraiser at a planning meeting reportedly recommended much larger setbacks. Farmer Ed Yelton described visual and maintenance problems he observed in large Michigan solar installations he visited and urged setbacks measured from the edge of the roadway; resident Jillian Collins said, “there’s really nothing meaningfully protective in the ordinance.” Speakers asked for prime-farmland protections, acreage caps, overlays and limits on hardwood clearing.

Staff repeatedly emphasized the ordinance is a draft and subject to revision by the plan commission and commissioners; staff agreed to follow up with the assessor and legal staff about tax-classification questions raised by agrivoltics and to provide clarifications to the public. The plan commission review process and the review committee were presented as the next steps for resolving technical details and community concerns.