Boone County Commissioners impose moratorium on green energy

Apr. 16—Boone County Commissioners on Monday imposed a moratorium on wind and solar parks while authorities revamp the county's master development plan.

The current comprehensive zoning and planning master plan is 15 to 20 years old and did not anticipate rapid, large-scale growth such as the LEAP Lebanon Research and Innovation district under development on as many as 10,000 acres roughly in the county's northwest quadrant.

The plan also didn't consider solar and wind energy.

But Hexagon Energy, headquartered in Charlottesville, Va., is considering a solar park in western Boone County. The park would be near Granville Wells Elementary School, which is situated at Ind. 75 and County Road 500 South, north of Jamestown. The Town of Advance lies to the school's north.

And NextEra Energy has renewed interest in building a solar park in the Zionsville area after the plan commission in 2021 rejected its application for a 1,200-acre solar park spread over parts of Marion and Union townships.

The companies would lease the land for about 40 years and return its use to the landowners afterward. The leased land in unincorporated areas of the county is zoned for agricultural use.

Landowners have argued points including that solar installations represent good stewardship of the land and allows some to keep and enjoy their small family farms, that the land will rest and be nutrient rich at the end of the lease, that solar farms will keep large development at bay from their rural land, and that they should be able to use their land however they see fit.

Opponents have concerns about solar parks that include economic viability of alternative energy, contamination, electric rates, grid stability, property values, retaining biodiversity, and more.

The Boone County Area Plan Commission in March asked commissioners to impose a two-year moratorium, but commissioners delayed a decision pending more public input and held a special public workshop earlier this month to discuss the pros and cons.

About 90% of the public who have voiced their opinions overwhelmingly supported a moratorium, Commissioner Jeff Wolfe said. That includes respondents who helped develop a recent overlay district to the master plan to regulate commercial growth along unincorporated highways and main thoroughfares.

Wolfe, Commissioner President Don Lawson, and Commissioner Tim Beyer voiced doubts about the moratorium.

"I don't believe it's our best path," Wolfe said, adding that he voted for the moratorium because the public "has stated this is the route we should take."

"I do think that operating within our comprehensive plan and zoning ordinances is a much better, more permanent solution and allows us better control of what we're looking for," Wolfe said. "And it [the comprehensive plan] also allows us to consider those individuals who wish to be a part of a solar project." The moratorium, in contrast, limits discussion until the update is complete, he added.

Wolfe also voiced disappointment that some solar park opponents apparently threatened physical harm to some landowners who want to lease their land, although he did not name anyone.

"Here in Boone County, we're better than that," Wolfe said. "And we shouldn't be doing that to our neighbors."

Beyer cited constitutional law in his response.

"I'm not really sure this is the best path forward, given that our zoning ordinance doesn't contemplate this," he said.

"One thing that I'll add is that we are here today because we have out-of-control government that spends money on things they have no business spending on, and the reason they do that is because we don't know this right here, which is the Indiana Constitution," Beyer said while displaying a copy of it.

He said that authorities all turn to Indiana code when seeking solutions and that Indiana code printed on paper would stack five boxes high.

"All of the people's power is right here," he said referencing the constitution. "Any authority that government has is right here. So, if you want to start to get your government under control, you need to know this document."

Lawson said enacting the moratorium was a tough choice, but the comprehensive plan is obsolete.

"We're behind the game," he said. "And to make it fair for everyone, we have to update that as soon as possible."

Commissioners will hire a consultant to update the master plan, and Lawson hopes it can be complete in 12-18 months, at which time the moratorium would be lifted.

Supporters and enemies of solar parks, attorneys for both sides, and solar project developers, packed the Connie Lamar meeting room of the Boone County Courthouse annex. Some pulled up chairs just outside the doors to listen, but none made comments during the meeting.

Planning hiccup

In the meantime, Boone County Area Plan Director Stephen Elkins gave notice last week that he will leave his position for personal reasons and relocate out of state after his final day, April 24. Elkins offered to serve the county remotely on a contractual basis in order to reduce difficulty in that office until the county hires his replacement.