MUNCIE, IN — Delaware County now has a working solar ordinance in place, one that includes more restrictive setbacks and a bid to protect surrounding residential property from dropping in value because of solar development.
The changes were recommended in August by the Delaware Muncie Metropolitan Plan Commission.
Ongoing efforts to develop industrial solar fields on farmland in northern Delaware County have roiled neighbors, farmers and other locals for the past three years as planners worked to develop a zoning ordinance for a deeply divided community concerning the prospect of acres of solar panels installed on land now used to grow crops. Different solar developers have signed leases with owners of farm properties in Washington and Delaware townships.
Commissioners voted 3-0 Tuesday to approve the changes to the ordinances that would provide setbacks from solar panels of up to 500 feet from the homes of nonparticipating residents. The setback had been proposed at 250 feet. But the plan commission recommended a provision adopted by commissioners that allows developers to negotiate with homeowners to bring panels as close as 100 feet from affected homes.
Also approved was a mechanism designed to compensate nonparticipating property owners from any loss of value to real estate caused by solar development.
Commissioner Sherry Riggin attempted to purge that provision, but her effort failed when her suggestion to strip the proposal failed to draw a second from either of the other two commissioners.
After the vote, Riggin said she didn’t think such an effort to make up for property value losses was practical given its complexity.
According to an interpretation by commissioners’ attorney John Brooke, “A solar facility owner must have in place those property value guarantees for the nonparticipating landowners as well as a surety bond in an amount equal to or greater than 20% of the assessed value of all properties within three miles of the project.”
The property value guarantee, however, applies only to nonparticipating property owners within a half mile of a solar project, and the decline in value must be related to the solar project and an issue created by the property owner and lack of maintenance of the property.
After the property value component was retained, a unanimous vote to accept the recommended changes to the ordinances was made. Commissioner Stephen Brand suggested to keep the moratorium on major solar projects in place after the ordinance adoption.
“Now that it’s out there, I like to see what kind of questions we get,” Brand said about the ordinance.
He said the implementation of zoning ordinances leads to a lot of questions and much depends on interpretation. He would like commissioners to help clarify such issues with the plan commission before letting the ordinance take effect.
Brand said he expects county planners to be bombarded with questions.
The moratorium was again tabled until after a meeting break, when a reading of the ordinance determined that the moratorium was automatically ended at the time the commissioners adopted plan commission changes.
Supporters of the proposed projects said the new setbacks will complicate matters for solar developers.
Indiana Rep. Sue Errington, D–Muncie, told the commissioners that Delaware County stands to lose property tax revenue in coming years and that at least one solar developer hasn’t been given the chance to talk with commissioners about how they could help the county overcome the financial strain.
Errington urged commissioners to reconsider adoption of the larger setbacks and of the property value guarantees.
Linda Hanson, of the Delaware County League of Women Voters, said “decision-making at the county level continues to emphasize public opinion, placing the dominant influence in the hands of neighboring property owners rather than establishing clear, county-led zoning regulations.”
Mike Johnson of rural Delaware County told commissioners the setbacks and guarantees for property values should stay.
“The solar companies know exactly what’s going to happen. It’s going to reduce our property values. And when you lose property value, you lose quality of life,” Johnson said.
After the meeting, Brand said he expects a lot of action involving the solar ordinance in coming days, including efforts to get solar projects underway.
This article originally appeared on Muncie Star Press: Delaware County solar ordinance now up and running with changes
Reporting by David Penticuff / Muncie Star Press
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