Amended Solar Ordinance Takes Effect

A proposed zoning ordinance amendment concerning solar energy systems is now in place in Marshall County.

The amendments address the size of systems kept to 12,000 acres of property in Marshall County, setbacks, buffering, drainage, power lines, glare, sound levels, lay down setbacks, construction parking, environmental reporting, emergency response plans, straight voltage and grounding site plan, enhancing decommissioning, restoration, bonding, and force majeure. Many of the amendments follow state statute, or are stricter than state statute.

Marshall County Plan Director Ty Adley previously noted that the Marshall County Plan Commission’s recommendation was 8-1 in January to present the amendments to the commissioners for their consideration.

The Marshall County Commissioners did pass the first reading of the ordinance amendment in a previous meeting by a vote of 2-1 with Commissioners Michael Burroughs and Kevin Overmyer in favor of the ordinance amendments and Commission President Stan Klotz in opposition.

After the public hearing Monday, February 5, a motion was made to approve the second reading, but it failed due to the lack of a second. County Attorney Jim Clevenger noted that with no action taken by the commissioners, the amendments will take effect after 90 days by default if no further action is taken to approve or deny the amendments as presented.

The commissioners have not taken any further action on the matter.

Plan Director Ty Adley this week confirmed that the ordinance amendments are in effect which was also clarified by Commission President Stan Klotz.

During the public hearing held February 5, there were several farmers in attendance in support of solar energy systems and disagree with the added restrictions proposed in the amended ordinance. The majority of the supporters of solar stated that the now-previous ordinance in place without the “excessive restrictions” should be kept in place and personal property rights should be protected. They also cited economic development, jobs and the lowering of property taxes as benefits of solar.

Several residents opposed to solar supported a two-year moratorium and asked the commissioners to slow down the process so they can “do it right for Marshall County”. Others spoke of their support of agriculture and the preservation of farm land for food production.

Opponents voiced opinions about doing more with the solar ordinance during the commissioners meeting held Monday, April 1. There was no action taken.