Hoosiers living or working in rural areas soon may have no meaningful say over whether a data center, solar field, windmills, new residences, or even something as unexpected as an oil refinery is allowed to locate nearby.
The Indiana House endorsed legislation Monday that makes any development in an agricultural area a permitted use — without a public hearing, a variance or any other official action — if the soil at the site is poorly suited for farming.
Specifically, House Bill 1333 automatically authorizes every project in an area zoned for agriculture, notwithstanding any local ordinance or regulation to the contrary, when the soil capability is classified between 4 and 8 by the U.S. Department of Agriculture.
Local officials would still have to confirm that the site plan conforms to zoning regulations. But they could not otherwise stop a development from moving forward in an agricultural area with less than ideal soil quality — no matter the public opposition.
State Rep. Kendell Culp, R-Rensselaer, the sponsor of the legislation, said the land authorized for development under his proposal often is not tillable, and typically has rocks, trees or water that makes it unsuitable for agricultural purposes.
"The goal of this is to save our prime farmland and put developments on the less productive," Culp said.
"I have a very rural district. The top complaint and concern that I get from my constituents on issues is loss of prime farmland. I hear that over and over again. So that's what this addresses. We're not making it harder to develop prime farmland, we're making it easier to develop the least productive farmland."
Still, said state Rep. Matt Pierce, D-Bloomington, making everything a permitted use on poor soil in an agriculture zone "is really pretty radical."
"Any kind of use that's not an agricultural use could come into that and it would be a permitted use," Pierce said. "It doesn't matter what the zoning is. It doesn't matter what land use regulations exist. They're completely off the table."
"I understand that policy goal, but you're essentially saying we can put anything on that less productive farmland."
Pierce's observation appeared to resonate in the Republican-controlled chamber, so much so that House Republican Leader Matt Lehman, R-Berne, told his colleagues the proposal will be revised by the Republican-controlled Senate to restore some semblance of local control.
That assurance helped Culp garner 56 votes, including the support of every Republican representing Northwest Indiana, to advance the proposal to the Senate. It was opposed by 43 House members, including every Democratic Region lawmaker.
The measure also requires state-subsidized data centers to kick back to localities 1% of the value of their sales tax exemption on equipment purchases; authorizes battery energy storage systems to be located at the sites of former power plants; and permits local legislative bodies, including plan commissions and boards of zoning appeals, to require a person sign-in with their name and address to speak at a public hearing, as well as limit the speaking time allotted to non-residents, among other provisions.
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