ANDERSON — After several years of consideration, Madison County is moving forward with a proposed new solar ordinance.
Since Madison County approved the proposed Lone Oak Solar Energy Center, county officials have been hoping to adopt a new solar energy ordinance.
The Lone Oak Solar Energy Center was approved in 2019 and the county has had a moratorium in place preventing large scale facilities in the county until a new solar ordinance is adopted.
A lawsuit is still pending on the proposed project in Grant County.
County Attorney Jeff Graham said Tuesday a draft of a new solar ordinance will be considered by the county’s Plan Commission as soon as November.
“A solar ordinance is difficult to draft and comply with state law,” he said. “The state’s goal is to have solar be a part of the state’s energy grid.”
Graham said the Madison County Commissioners should see the final draft of the ordinance by the end of the year.
He said there is a good chance the new solar ordinance would be challenged in court by either the solar energy industry or local residents opposed to large scale solar facilities in the county.
The commissioners approved a contract with the Indianapolis law firm of Kroger Gardis & Regas to review the proposed ordinance at a cost of $450 per hour.
The law firm is representing the county in the lawsuit filed by Invenergy, the developer of the Lone Oak solar project.
The draft prepared by Larry Strange, director of the Madison County Planning Department, limits where a large scale commercial operation can locate with a special exception and requires setbacks from adjacent property owners ranging from 90 to 300 feet.
It includes a residential property value clause for single- family residences within three miles covering the start of construction and two years after operations begin.
Battery storage of electrical energy will require a separate permit.
The draft also includes a provision that no more than 10% of the prime farm ground in the county can be used for solar energy facilities.
A clause covers the decommissioning of the site with financial guarantees and an economic development agreement with the county to cover potential lost tax revenues.
Once the draft ordinance is presented the Madison County Plan Commission is required by state law to conduct a public hearing before voting.
Once a recommendation is made by the Plan Commission, the Madison County Commissioners have to vote for final approval.
The commissioners can approve the ordinance, reject the ordinance or make changes to the proposed ordinance.
If changes are made by the commissioners it has to be reconsidered by the Plan Commission.
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