23 FEBRUARY 2026 Dearborn County Plan Commission Meeting Notes
This post may be updated with details.
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, County Extension Educator (first meeting Sabrina Gregory) is present, Mark Lehman, Joe Vogel, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
ABSENT: Dan Lansing
*Location: South Dearborn High School Auditorium 5770 Highlander Place, Aurora, IN 47001
Also Present: Nicole Daily, Planning and Zoning Director, and Andy Baudendistel, Attorney.
Register Publications also covered the meeting. Tamara Taylor of the Beacon was also present.
Baudendistel read the Title VI statement as legally required.
Officers reelected for this year. Baudendistel reappointed as attorney.
There are numerous entities filming this as well as live-streaming by the Plan Commission.
There are approximately 500 attendees.
ACTION ON MINUTES-none
OLD BUSINESS:none
NEW BUSINESS:
1. Request: Moratorium of applications for the processing of applications for commercial solar (SES-C’s), under Article 19 of the Dearborn County Zoning Ordinance, requesting more stringent requirements for SES-C’s including battery storage facilities associated with SES-C’s. Applicant: Robert Rauen and a group of citizens
Nicole Daily, Planning Director - thanked SD Schools and went over the rules for running the meeting.Moratorium can only be approved for up to a year by state statute. It cannot be extended. The Planning Office has not received any application for any solar project to date. The PC cannot consider anything for a specific project. They cannot enact a blanket or total ban for this either.
There is no ordinance or article for data centers and so they are considering this tonight too. Facilities dealing with boosting or receiving data or communication signals. Allowed in B2 and Industrial zones. Are the only data in the current zone text.
Robert (Bobby) Rauen- presented- talked about our county being started with a revolutionary war officer. 72 of 92 counties in Indiana have had moratoriums. This request is not controversial. It is being considered all over the state.
He looked at Ag land zoning and what it considers. Comp plan was set up by. A group of citizens and officials. He read more about the support for a moratorium. The vision that the county projects supports Ag and rural land. The items article 19 do not support the Ag area. We strongly urge you to recommend a one year moratorium and have a citizen board to support this.
The lord brought man into the garden to protect and keep it.
Emily Hartman-
Tonight, I join Bobby Rauen in representing the concerned citizens group of Dearborn County in
support of a moratorium on commercial solar energy systems, BESS and data centers.
I would like to acknowledge that this is not a criticism of the current ordinance. I believe that the
current ordinance is appropriate for the time it was written, and it is objectively time to readdress
it. Article 19 was adopted in September 2021. Prior to 2025, our ordinance was just as good if
not better than most counties’ solar ordinances.
We are not undermining the efforts in 2021 by
requesting a moratorium. It is a request to take a pause to reflect and update our ordinance
based on the substantial evolution of the economic landscape, energy market,
federal/state policy and the current knowledge base associated with solar energy
systems.
In your packets, you all have two ordinance comparisons. One is Dearborn versus Boone
County, and the other is Dearborn versus Franklin County. These comparisons were made with
the intent to inform and educate, not to criticize.
Here are three high-level takeaways from these
comparisons.
1. Both Boone County and Franklin County adopted new solar ordinances within the last 6
months. These are based on current research of the evolved solar energy system
industry, their respective comprehensive plans, and concerns of citizens.
2. Their new ordinances are results of a moratorium. Moratoriums on solar
development are not controversial. We are not reinventing the wheel or going out of our
way. This is simply a first step to keeping our ordinance up to date in an ever-evolving
world prior to accepting an application that would lock us into the standards set forth in
2021. In the last couple of weeks Ripley County has also adopted a one-year
moratorium on solar after realizing that their ordinance in 2024 was lacking and not
addressing all aspects that come with large-scale solar energy system development.
3. At just a glance, you will notice the breadth and depth of these 2025 ordinances
compared to our 2021 ordinance. This is simply due to how much more information is
available in the last 5 years. Both counties had comparable ordinances to our 2021
ordinance prior to their moratoriums. There are elements to the new ordinances that
create more protection and clarity for the County, project developers, leaseholders
and non-participating land-owners. I believe Dearborn County was a leader in 2021
when Article 19 was adopted, and I believe Dearborn County is equipped to continue to
lead the way.
As I continue, I want to preface by saying I do not want the purpose of this meeting to be
overshadowed by making recommendations. I am simply listing concerns that our community
has about Article 19 to shed light on matters which warrant a moratorium. We need ample time
for research to enact an ordinance that is more protective of the citizens, our prime farmland
and the environment.
Please see the handout attached to the copy of my speech which lists
considerations with further elaboration. These concerns include, but are not limited to,
setbacks, project size limits, prime farmland protections, property value guarantees,
changes in ownership, soil and water testing, aquifers, and battery energy storage
systems.
To quote Brooke Rollins, U.S. Secretary of Agriculture, “Our prime farmland should not be
wasted and replaced with green new deal subsidized solar panels.
It has been disheartening to
see our beautiful farmland displaced by solar projects, especially in rural areas that have strong
agricultural heritage.”
Only 26.5% of the land in Dearborn County is considered prime farmland, even when drained or
protected from flooding. Prime farmland is a non-renewable, high-value natural resource. It
is land with the best combinations of physical and chemical characteristics essential to
agricultural productivity. We must understand prime farmland is of finite nature. Once
developed or converted to non-agricultural uses, this high quality land is lost forever.
Lastly, I want to point you to the last document in your citizens packet, titled “Frequently Asked
Questions – Solar.” This document was submitted by a citizen as denoted on the top of the first
page. We do not know who submitted this, but I have reviewed and I will comment briefly on
behalf of the concerned citizens group.
As you read this document, you will read that solar is
beneficial to the community and solar is safe – nothing could ever go wrong. It appears the
document is general information on solar. However, beginning on the third page of the
document, it begins to read “Our projects” and “Our lease agreement states…”
Here I have a handout that was given to citizens at Linea Energy’s Town Hall on February 17
th
. It
has their name and local project LLC. It is the same questions, answers and footnotes, verbatim
as this document submitted by a citizen. Since we are not considering the currently planned
project by Linea Energy in Manchester tonight, I ask that you not consider this information in
your decision as it is biased and partial to Linea Energy’s Sunman Solar LLC.
We cannot
allow developers to come into our County and decide where to set the bar by insinuating their
projects will exceed our current ordinance.
Solar development is not a love letter dedicated
to our community. It is a business. We must set the bar, and they must meet our
standards.
Tonight you may hear from individuals who say we shouldn’t adopt a moratorium or that we
shouldn’t take up to a year to do the research. But how can anyone be opposed to doing the
right thing and simply taking a pause? What are they so afraid of giving us the time to
thoughtfully consider how best to protect the health, safety, and welfare of our community? If
protecting this community is truly the priority, then taking the time to get it right should
not be the last choice.
We have one chance to get this right for future generations, and I want to make it clear that your
vote bears the weight of our community’s well-being, the health of our environment, and our
county’s strong rural character.
Please support this moratorium.
Ordinance Considerations Addressing Community Concerns
A comprehensive, non-exhaustive list of key considerations related to large-scale solar
development in Dearborn County.
1. Setbacks - Our current ordinance calls for 75’ setbacks from non-participating
landowners property lines if a landscape buffer is included. 150’ setbacks with no
landscape buffer. Ordinances around our state have setbacks including 1000’ and
beyond which considers all adverse effects.
2. Project Size Limit - There is no limit to how much a project can be constructed.
Without regulating how much of our acreage goes to solar development, we set
ourselves up to restrict community growth and devour the little amount of prime
farmland we have in Dearborn County.
3. Prime Farmland Protections - In Dearborn County, only 26.5% of our total land is
prime farmland. Without protective measures in place, we could lose all our prime
farmland, a non-renewable natural resource to development.
4. Property Value Guarantee - Recent ordinance updates across our state include
Property Value Guarantee language that puts responsibility on the developer to assure
value to neighboring properties whose home values would plummet. For most people,
their property is their greatest asset and the legacy they will leave behind. It must be
protected.
5. Change in Ownership - Hundreds of solar companies have gone bankrupt or have
changed hands in recent years. Our ordinance should clarify who is responsible when
the developer sells or goes bankrupt and exactly how the new project owner accepts
responsibility for all the agreements the original developer made in permitting. This
results in more protection for the County, leaseholders and non-participating
landowners.
6. Soil Testing, Water Testing and Aquifers – The risk of contamination to our soil
and water should be researched and result in appropriate standards for how often soil
and water is tested, what it is tested for and the responsibilities of the project owner to
mitigate issues if they arise.
7. Battery Energy Storage Systems (BESS) - Our current ordinance includes nothing
about battery energy storage systems. We must allow time for research to implement a
protective and enforceable ordinance regarding BESS.
Amanda Thompson-running for Dearborn County Council. Medical background- Talking about the DATA CENTERS Farmlands are targets and the fastest to obtain- cheaper, and they count on a lack of resistance from the community. 1 million gal of water/day for one large data center. She detailed the huge energy costs and they use back-up diesel generators. The noise that they emit 24/7. At night when you sleep the vibrations are considered to be issues of health ( including mental health).
Mark Hall - spoke that the group has amazing young people. Having these large numbers (500) people- this important to the county, If we go down this road- this county will never be the same. Asked for people to stand who would like a one year moratorium.
2. Request: Moratorium of applications for the processing and application requirements necessary for the construction of “data centers” Applicant: Dearborn County Planning and Zoning Department.
Chris Barry- Linea Energy- born and raised in Austin Texas. Dad of 3 and husband,. Director od development (MISO and ERCOT)
The natural progress of things is for liberty to… Thomas Jefferson
Encap Investments Houston- primary investor
North America Electric Reliability Corp=NERC
President declared a national energy emergency - Jan 2025
Indiana facing an energy deficit. Old plants retiring and electricity demand growing. Solar is part of the solution.Solar is cheaper. Eh free fuel is sun. = Fixed price electricity.
Solar can happen faster than nuclear and other forms of energy.
What’s in it for Dearborn County? TAXES
We do not need local services. Only traffic issue during construction. ( Fire protection?)
Opportunity to diversify with weather resistant income for farmers.
Solar equipment is safe- more efficient and cheaper. Tempered glass and aluminum frame. Silicon wafers and wires. Underground wires and transformers.
Not like data centers- don’t use water.except during construction. Due use of land isavailable- sheep graze etc. Gave a rosy picture of how it improves the land…
Cut hay and bale it within the rows.- new option. 1.5-2 years construction. Operation 30-50 years. Decommissioning has bonded agreements with landowners.
They do environmental due diligence….
Gave a picture of the construction process. Solar does not impact property values. What if property values did rise?
Picked Dearborn because it had some rules already in place cited a whole page of items in our Ordinance 19.
In favor of a moratorium - want is to be 2-3 months ONLY. Regulations need to be there for BESS ( Battery Energy Systems)
PLANNING BOARD:
Thatcher- If the entity goes in- will it be used locally ?
Chris Barry- Construction is 2029 and finished by 2030. It’s like building an apt without tenants. Same here- he knows enough to predict. Battery project in LaPorte. Had to abandon- as connection costs were too high. He swears that he has no idea. They could sell to whoever. They do not need to sign a contract to sell to anyone. When they connect to the grid- they do not know where they will flow to. Would be interested in how to sell a portion of this to the community.
Thatcher said he would just like to see some of these electrons to flow thru to the county.
PUBLIC COMMENT:
Steve Neal-If you are using grants or whatever happens if the money runs out. Who takes it down if the landowners are not being paid.
Stacy Craig- Manchester- licensed realtor. People don’t just buy a house. Location is the single most important value. Buyers consistently choose homes and properties that are not near industrial. Far more homes per square mile here. But Franklin County has stronger laws than we do. We should have even more protections than they do. Growth is inevitable- harm is not. Remember - they put in an access road without a permit. Asked forgiveness later.
Andy Alderson- military- and you have a duty to protect teh citizens. This company is from California- and far away from us. Wants the one year moratorium.
Dave Sams- lived 67 years in the county. We already lost our little school in Manchester. We need to protect the land we have. Wants the one year moratorium. We should have public input early on in the process- not at the 11th month.
Denny Kraus Jr- Chairman- outlined what the PC board does regarding favorable recommendation or not - and then Commissioners decide based on that recommendation.
Piper Cole- age 13- Requesting a one year moratorium to address safety etc. She asked for the list of sources for Linea info they showed at Agner Hall. Still hasn’t got it. This is her future- and in 50 years I want to see it look better. One year moratorium.
Kyla Terrill- SR 48 accidents and heavy industrial traffic will be affected. Need a traffic impact study in Article 19. Busses, families etc. One year moratorium.
Hunter Collins putting profits of an out of state corporation over our residents needs. I believe in our need to look at this- but need to put residents first. Prime farmland will be ruined. Data Centers using energy from this. It will be on the grid. It should serve and be supported by the people.
Jenny Bulach- 25 years in power plant industry. Since 1860 family farmed here. We already have a strong protective ordinance. Set good guardrails. Inverter noise. Setbacks are adequate. Your electric bill is not impacted by the solar farm. Data and solar are very different. Property owner rights. She supports the solar farm.
Bill Huelsman- Asked many questions about his concerns and using existing energy plants and upgrading them.
Kevin Cassidy- Opposition is not to solar power itself. Need a more balanced approach. Take a pause to make sure our ordinace is looked at.This gives the county time to review.One year moratorium
Michelle Dudley- Property rights are important. Property rights are shaped and constrained by zoning codes, state laws, etc. They are balanced against public health safety and welfare. When public funds are part of the equation. Public should be part of the decision. Supports moratorium.
Ed Yelton- 66 years in Manchester. My farm animals want this moratorium.Seriously. Construction business all his life. Steel posts go in the ground for these solar panels. Not the right thing to do.
Dino Kamoutsis- They are building it because we are an easy target. Solar and Wind are incomplete tech- until we have storage. This is ludicrous. Send this guy home. Manufacturer in Mexico is funded by Chinese bank. Linnea does not look out for Dearborn County.
Joe Bulach- Increasing setbacks will waste valuable land. Do we really want more government control. Most farmers are working 2-3 jobs. This is an opportunity for some farmers to determine how to use their own land. Ask for references outside of social media. Does not want to have a moratorium. Data centers are a whole different story.
Eleanor Rauen- agreed with what was previously said and supports 12 month moratorium.
Peggy Zoller- 20 years Manchester and 39 in county. National institutes of health NIH research. Read some of the environmental risks. Linea stated that old energy centers are retiring- why can’t they use some of the old energy sites.
Lisa Barker-read about realtors code of ethics. Land is the foundational basis for food shelter and ….- Professionals are to act as stewards of the land. We are farmers and cattle. We have witnessed how power companies have used size and strength over people. Metal and other things that will be left behind when this is decommissioned. Encourages using roofs etc. Not creating a brown field. Want to see well planned zones to protect us. We will require a one year moratorium to have citizen input. Nothing done fast and cheap will benefit us.
Travis Bryant- Article addresses wildlife habitat vague terms. It does not define impact studies needed. Landscapes and species that make our county unique. Independent 3rd party to review environmental impact. Not one from the applicant. What is a wildlife friendly perimeter? Ordinance does not have this. The miles of fence will force wildlife to roads etc. Game and non-game species are important to us. !2 month moratorium needed. Clearer standards.
Kim Wolfert- They own 2 farms in the county. Have solar in Germany and at home here. Both at home and Germany- they have been disappointed. 50% of the energy that they were told to expect. And then the company is out of business. We have a 25 year period where they learned.about solar. Farmers in Germany regret it. Aggressive relentless push for over development. We need a farmer to represent us in Indianapolis. Joe Volk- a farmer to represent us. She was old to sit down- no politics.
Brandon Connelly- Quiet character open space etc. This was a long term investment for us. Support 12 month moratorium to have this looked at throughly. Extremely difficult to reverse this. Wants responsible development. Asking you to respect and protect residents here. Get it right.
Robert Montague- thanked them for responding to his emails and questions. Moved here from New Jersey. Believes the current ordinance favors the solar companies over the locals who are affected by this. Some of these leases have residential homes practically surrounded. What impact will this have on the wildlife refuge near by. This benefits a few landowners and the expense of others. Property values 3% decrease in one study. You can hear the noise 200 ft away went to Sardinia OH to look at one.
Dave Henlein- 40 year resident- New Alsace Conservation Club- the migratory birds see this as a lake and other habitat issues need to be looked at further.
Mr C— had to dust snow off my solar panel today. Who will clear snow off this solar farm? Wants the board to be on our side. If not hit the road…
Richard Dennerline- Thanked the board. Hopes the commissioners vote for the moratorium. 20% bond that they post will not cover the decommissioning. Needs to be adjusted for inflation etc. They have no use, jobs for us - and no energy for us. They want a cheap and easy date. They want to use us. I’m proud of the people standing up for us here. The cost eventually will be up to us.
Dan Sunderman- He has had to make decisions like PC has to make. If its not on fire- don’t be afraid to take your time. Agrees for 1 year moratorium. Small gov’t people here and yet we are asking for gov’t intervention. DEF fluid is a good example of something that needed a moratorium before enacting. Gave example of why.
Susan Flannigan- We have come here to do what is best for everyone. Our gov’t works for us. We are going to work hard to make sure we are well represented. Say a prayer- without God our vices won’t be heard. She said a prayer for all of us- Asking God to watch over us all and giving the hearts and minds of those making decisions. And the audience Amened
Sheila Wills- Health care- She pointed out weak points in the ordinance affecting people. Had a global agency that they can see benefits and impacts of solar. Supports the moratorium. We should do this of our kids
Chris Mueller- discussed article 19 actually stating that the solar farms are allowed in B-2 and Industrial zones. There are 3 designations relating to size of the solar site- small, medium, and large. The conditional use- similar to what our neighbor- Perfect North Slopes ran into when expanding- doesn’t work so well and they eventually asked for a B-2 zone. If this solar farm were asking for Industrial or B-2 zone change in this same spot , it would become more apparent that it shouldn’t be in Ag. A smaller solar site that benefited the community and Ag uses out in Manchester would fit as conditional perhaps, but that is not what is being proposed. The moratorium is needed.
Jessica Schneider- Said these rural areas are disappearing and she supports the moratorium. BESS - Battery storage is important to get a good price for the energy they sell. Linea-had battery and now have removed that battery use from their site. Supports the moratorium.
Rhett Dennerline- lawyer- familiar with energy companies as he has represented them. They always send their nicest guys to represent them. They are doing this as gov’t money is available to them. Every farmer has obligations under the common law. To not disturb neighbors etc. Land use should not harm neighbors. Regulate this land through zoning- It’s your job to do this. We need to bring zone up to standards or we will be target for more. Remember people like the guy who spent $600,000 to move here- because if what environment we had to offer.
Joe Volk- Running for state senator - talked about the pledge of allegiance. We are taking away from the family with this. I worked for people who worked in power plants as a farrier. Noted that the property is a farm- solar should use brownfields- not green ground. Once used like this it will no longer be good for farm, Thanked the prayer person before and God bless America!
Brandon Lang- In Sept 2021 I signed up for solar lease. This told an entirely new industry what was required. My parents and I have spent thousands on attorneys to negotiate this lease. We are the last generation of our family and this is a way for our farm to survive. Changing it now could damage the county’s reputation for future investment. Bonds are reassessed every 5 years. Hillcrest Solar is very quiet. They are a matter of national security. Indiana Kelly School of Business- Indiana has the least amount of prime farmland….
Closed Public Comment at 8:45PM
Nicole Daily gave the board direction on what is in their packets.
Mark Lehman- noted that with all the items needing addressing in both of these items it will require 12 months. Daily noted that the notices and public meetings required will take time too. Baudendistel said if the work is done earlier than the year it can be terminated earlier. Certification options are in the packet.
Board Discussion-
Russell Beiersdorfer- He had been approached by solar and wanted to have the ordinance created. We were 7th in the state to have one done. He is on Farm Bureau and are for property rights. Battery storage needs to be addressed in new ordinance. Especially with fire protection.
Eric Lang- said he liked seeing both solar farm leased farmers talking tonight and those not wanting it. They did get solar article on the books. Recently there was HB1333 tilted the table toward the solar provider for poorer farm ground. It got turned down. This moratorium will buy about a year to put the time in to write a code that makes more sense. Sensitive to both sides. And sensible separations between these uses and zones.
Eric Lang motioned for favorable recommendation for a one year moratorium on all processes solar and including battery storage Russell Beiersdorfer 2nded. 2 abstained Jim Thatcher and Sabrina Gregory- Approved
The data centers also received a favorable recommendation with only one abstention- Jim Thatcher.
Meeting adjourned at 9:15 PM
Christine Brauer Mueller
Lawrenceburg Township
