Commissioners send UDO back to APC for another round

A crowded room awaits the start of the public hearing on the county’s new UDO led by the Commissioners. Photo by Lois Mittino-Gray

By Lois Mittino Gray

Apparently the edition of the Unified Development Ordinance (UDO) recommended by the Posey County Area Plan Commission is going back to the APC for tweaking. A standing-room only crowd showed up to attend the Public Hearing on the new Unified Development Ordinance (UDO) that was conducted by the Posey County Commissioner’s at their March 3, regular meeting. Eleven citizens signed up to speak on mainly two issues within the document: setbacks for solar farms and construction materials required for property development.

The majority of those who took to the podium spoke against the setback limitations in the revised ordinance that will further restrict the development of solar farming in the county. The current ordinance setbacks, passed in 2021, states that in unincorporated Posey County, ground-mounted solar panels must be set back at least 100 feet from non-participating property lines, 50 feet from public rights-of-way, and 300 feet from non-participating residences. Additionally, a 500-foot setback is required from public buildings, schools, and recreational areas. The revised UDO proposed will increase that distance to 500 feet in most cases and 1000 feet in others, essentially putting the kibosh on profitable solar farms.

Companies such as ENGIE: North America Inc. have a planned project to build a solar farm south of Poseyville and they believe these new setbacks will be a deterrent for any solar developer who’s looking to invest. “It really minimizes the cost efficiencies and effectiveness of a project for any developer and companies will not invest in Posey County. There is a looming energy crisis in Indiana and by preventing solar, you will be making the crisis much worse in this area,” said Ryan Economy, Director of Development for ENGIE, who came down from Chicago for the meeting.

“We would like to be good neighbors so we want to propose an alternate compromise,” he offered. “We propose 500 feet setbacks from any residence and 500 feet from any parcel having solar panels on three sides or more,” he suggested. He recommended tabling the ordinance as written for now.

Carl Seib, 6801 High School Road, Poseyville, urged Commissioners not to allow this ordinance to dictate to residents how their own property can be used. “Establishing these setbacks is not good. It is infringement on landowner rights and prevents industries from developing on my land. They will pump new life blood into the County and I am asking for fairness and predictable rules. I do not want my life savings undermined by shifting policies.”

Tom Guggenheim, 1129 Church Street, New Harmony, spoke in opposition to putting in stringent setback requirements to dissuade solar farms. He urged Commissioners not to succumb to NIMBY’s demands (NOT IN MY BACK YARD) as the primary reason not to support solar energy production. “Climate change is a proven scientific fact. We need solar and the County does not have the right to regulate landowner’s property use. Listen to your entire constituency,” he urged.

Lisa Dan, 1359 Short Street, Knox, Ind., an energy industry advocate, encouraged the county to consider applications for solar farms as economic generators. “Do not close doors on beneficial opportunities. We have an energy deficit in this state and have to buy electricity from Illinois. Is Posey County open for business?” she challenged.

Bill Meyer, 709 S. Arthur, New Harmony, told the audience he was wearing black to mourn the loss of individual choice on the use of his land to lease to solar companies. “We are in a deficit of energy and this will keep us backwards if we establish these setbacks. Look at the greater good. Don’t be afraid to support solar. I am more afraid of radon from coal use and cancers from the air ‘plume,” he declared.

Poseyville Attorney Bill Bender, who introduced himself as a farmer from Poseyville, said he was also there to speak on behalf of reducing the excessive setback limitations. “As a landowner, I feel strongly about my property rights to plant corn, wheat, and soybeans and harvest sunshine, too. We need the electricity and zoning dictates land use. We need the tax revenue from these farms to maintain good roads and other county benefits. I urge you to consider before slamming the door on solar.”

Robin Skuya Boss, representing the Sierra Club, came down from Bloomington to encourage solar use and did not support the 500 foot-1,000 foot setbacks. Dave Mercer agreed and stated a “have a good day to all.”

Deborah Luzier, 1583 Hazelwood, Greenwood, Ind., a consultant who works with the Area Plan Commission to develop the UDO over the past 18 months, called it a “living document.” She explained that Commissioners would have the ability to make changes to it at any time. “The steering committee was fabulous to work with and we have had two public hearings, open houses, and many meetings on it. This has been quite a work.”

She said the UDO addresses many other things besides solar energy, such as minimum home and lot sizes, accessory dwelling sizes, agricultural processes to sell land, and materials and guidelines used in construction. Addressing the construction issues, Barry Cox, 445 Park Drive, Mount Vernon, told Commissioners he understands that the building requirements are stricter than those in Vanderburgh County. “I support beauty and fine work, but I do not want us in Posey County to be less competitive in property development by this ordinance,” he summarized.

Bill Petke, 2175 N. Cullen Avenue, Evansville, stated he represents the nonprofit, SW Indiana Builders Association. “We support Posey County’s efforts to bring more housing in, but we do not approve of the stringent requirements. Good housing depends on affordability.”

Posey County Commissioner President Bill Collins closed the hearing. He then discussed the definition of the word impervious in construction materials and wants to look into that some more. All three Commissioners want more time to look over the two-hundred page proposed ordinance. “There are a lot of words here to go over. I suggest tabling the issue right now,” Commissioner Eric Koester remarked,

“We appreciate all your opinions on this UDO. We received many emails and phone calls and appreciate your input,” Commissioner Greg Newman told those present in the audience. “We will consider everything that was said today.”

The Commissioners agreed to address the UDO ordinance at their April 7 meeting with any changes they wish to make to the language after perusing the document. The UDO can be viewed at www.poseycountyin.gov › wp-content › upload.