Just imagine if every Delaware County citizen who is a landowner could make no changes to their respective land holdings and buildings until first establishing a property value guarantee with each of their neighbors within so many property blocks — a guarantee that would assure the future resale value of each neighbors’ land and buildings.
Such an infringement on property rights would be laughable. And yet, that requirement is embedded in the Delaware County utility-scale solar ordinance scheduled for adoption by our county commissioners at their next meeting at 9 a.m. on Tuesday, Oct. 7, at the County Building.
If utility solar companies that have contracts with Delaware County farmers are forced to assure the future resale value of the land and buildings of the neighbors within a half-mile of farmers’ property, farmers’ income opportunities are sure to be delayed further.
The ordinance also requires that the contracted solar company negotiate with the county commissioners to find not one but two appraisers to determine an agreed-upon value for each homeowner’s property.
This requirement for a property value guarantee simply provides another way to delay the development of utility solar in Delaware County. And that would curtail further the potential countywide benefits for all our citizens.
This property value guarantee provision must be removed, which means the county commissioners need to amend the ordinance at its Oct. 7 meeting.
Another provision that should be amended is the 500-foot setback from neighboring properties. It should be reduced to 250 feet. With 500-foot setbacks, acres of farmland that could have been used to generate electricity would be wasted, and since farm equipment these days is so big, it is unlikely that crops could be grown on this setback.
With the removal of the property value guarantee and reduction of the setback – the adoption of the utility-scale solar ordinance promises to positively affect every citizen of Delaware County.
How?
And what went wrong in the development of a solar-utility ordinance for Delaware County?
The proposed Delaware County utility solar ordinance, as currently written, has a complicated multi-year history. The county commissioners who were initially involved developed a utility solar ordinance more than four years ago. Their recommendations to the plan commission resulted in the appointment of a task force to achieve a compromise among citizens who favored solar, those against solar and those neutral toward solar.
This process, however, was exacerbated by the death of Marta Moody, the executive director of the Muncie-Delaware County Plan Commission. Without Moody’s leadership and the lack of an executive director for an extended period of time, the county commissioners declared four separate moratoriums, preventing the development of utility solar in Delaware County. Meanwhile, Randolph, Jay and Blackford counties have renewable projects completed or underway — or both. Henry and Madison counties each have one completed project.
Then, with a new commissioner coming on board in January, the other two commissioners allowed him — using artificial intelligence — to write a “new” ordinance based on what the people against utility solar wanted. The original ordinance placed under moratorium again a year ago is 10 pages in length, whereas the “new” ordinance uses some 20 pages, filled with provisions to prevent utility solar.
While the property value guarantee and setback favor the interest of neighbors, who have made it clear they don’t want to look at solar panels and favor even a few farmers who are against utility solar, these requirements are designed to shut down the development of utility solar for ALL farmers in Delaware County.
Note that no farmer is being coerced into putting solar on their land. It’s a choice for those farmers who believe solar is best for their families by financially helping to keep the land in their family for future generations. In addition, no farmer who wants to have solar on his or her land plans to put more than 3% to 30% under solar panels. Farmers with solar will still farm the majority of their property.
Anyone watching the farm markets knows that farmers need to diversity their businesses — and farming is a business. And currently, farmers care for 60% of the land in Delaware County. I trust their business judgment when it comes to land management.
Finally, the process the current county commissioners have employed in developing the “new” utility-solar ordinance sets a dangerous precedent for Delaware County commissioners — and citizens. No other new business coming to Delaware County has been slapped with such a process or faced such delays. Should they be? If the answer is no, then let’s not apply different standards to utility solar than what would be applied to other businesses.
Robert J. Koester is a professor emeritus of architecture and the director emeritus of the Academy for Sustainability and the Center for Energy Research/Education/Service at Ball State University. He was involved in the development of the industrial-solar complex that generates electricity for the operations of the Indianapolis International Airport.
This article originally appeared on Muncie Star Press: Delaware County officials should amend solar ordinance before Oct. 7 vote | Opinion
Reporting by Robert J. Koester / Muncie Star Press
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