Solar setbacks remain in place in Noble County

ALBION — The changing landscape in the federal government come January may factor into a possible new moratorium on commercial solar applications in Noble County.

During Monday’s regularly scheduled meeting, Noble County Commissioner President Gary Leatherman announced that the commissioners will be discussing a potential moratorium at 10 a.m. on Dec. 16.

After Monday’s meeting, Leatherman and Commissioner Anita Hess said there are two main factors the commissioners need to consider, considerations that make take time to iron out:

• the effect the change in the White House will have on the issue. President-elect Trump had included a rollback of the Biden administration’s green alternatives as part of his campaign platform. Government subsidies favored by Biden’s plan may not be available.

• the need for the Noble County Comprehensive Plan to jibe more cleanly with the county’s comprehensive plan.

Leatherman’s announcement came on the heels of progress that had been made in the county’s commercial solar ordinance.

Following a public hearing, the commissioners voted to keep Noble County Plan Commission recommendations on setbacks and financial options for decommissioning any commercial solar fields.

Setbacks

On July 22, the commissioners sent a recommendation to the Noble County Plan Commission that the setbacks for commercial solar be set at 750 feet from the property line of any non-participating property.

The current setback requirements are 300 feet from the foundation of a dwell and 50 feet from any property line.

In September, the plan commission sent back a recommendation of its own, maintaining the current setback requirements at 300/50 feet but expanding them to 350 feet from a dwelling for any non-participating property of 3.00 acres or less.

Following taking public comment both pro and con the issues, Commissioner Gary Timmerman made a motion to keep the setbacks at 750 feet.

The motion died for lack of a second.

After a brief discussion, no further motions were made. By not voting, the plan commission’s recommendation on setbacks will go into effect 90 days after they were passed in September.

Cash surety

Another issue the commissioners had asked the plan commission to readdress was the requirement of a cash surety to be held to provide for the cost of removing the panels should be solar field be decommissioned.

The current wording gives the commissioners the options of accepting cash, a surety bond or letter of credit — all at the discretion of the commissioners.

Timmerman made a motion to have the ordinance require only cash escrow.

“I’m still for the cash escrow only,” Timmerman said. “It’s the safest way” to ensure money is available to remove the panels.

Timmerman’s motion died for a lack of second.

No other motions were made, so the current language will become officially part of the ordinance once the 90-day period ends.

The commissioners did vote to change the period of re-evaluation of the cost of decommissioning from 5 years to 3 years.

Liability insurance

The commissioners were in lockstep when it came to requiring $2 million in liability coverage for landowners participating in commercial solar. The plan commission had opposed that requirement.

On the two issues that were changed, the plan commission will have 45 days to act on them. The plan commission will have 45 days to provide a favorable recommendation, an unfavorable recommendation or no recommendation.

The final say belongs to the Noble County Commissioners.

Hess stressed that the commissioners would still be able to make changes when and if a project reaches the application phase.

The actual rezoning for a proposed solar project would be decided by the Noble County Commissioners after multiple public meetings.

“Have faith in our process,” Hess said. “We have the final when an actual application comes forward.”