24 FEBRUARY 2026 DEARBORN COUNTY COMMISSIONERS SPECIAL MEETING NOTES
Livestreams can be found @
https://www.youtube.com/@DearbornCountyGov-47025/streams
Present: Jim Thatcher, President, Duane Bischoff, and Kevin Turner
Also present: Connie Fromhold, Auditor, Andy Baudendistel, Attorney, and Sue Hayden, Administrator
TITLE VI STATEMENT FOR COMPLIANCE was read by Baudendistel as
legally required.
Andy Baudendiatel- Had already produced the certified favorable recommendations of the Planning Commission for a one year moratorium on both Solar Farms and Data Centers. All three Commissioners had been present at last night’s Plan Commission meeting. The following ordinance is the result of last night’s recommendation.
Duane Bischoff said it was great seeing the public come out for this last night. Kevin Turner said- there was a lot of work ahead on this too.
Commissioners Approved the following ordinance. They also asked Nicole Daily to report each month to them on the status of the Zoning Ordinances on Solar and on Data Centers. There will be nothing solar on the March PC agenda. There will be info gathered on the PZ website and they will be categorized by topic - such as setbacks, for example. Those will be biweekly reports. They will try to incorporate workshops after April to incorporate suggestions. There will be community involve,emt before a draft is drawn up. We need to see all the concerns of both sides per Bischoff. April 27th at 6 PM is the PC meeting that will discuss some of this. No commercial solar applications will be accepted during the moratorium. The ordinance accepted and signed by Commissioners is below:
BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA
ORDINANCE 2026--_____
ORDINANCE ADOPTING A STRATEGIC MORATORIUM ON
CERTAIN PROCESSES OF THE DEARBORN COUNTY ZONING ORDINANCE
WHEREAS, the Board of Commissioners of Dearborn County, Indiana, as the executive and legislative body of Dearborn County have the power to adopt ordinances relating to the administration of Dearborn County government, including zoning matters governed by Indiana Code § 36-7-4;
WHEREAS, the Board of Commissioners seeks to foster desirable growth in an orderly and well-considered manner within Dearborn County;
WHEREAS, Dearborn County adopted Article 19 of the Dearborn County Zoning Ordinance pertaining to “Solar Energy Systems” on the 7th day of September, 2021 upon the Favorable Recommendation of the Dearborn County Advisory Plan Commission;
WHEREAS, since the adoption of Article 19, legislative changes at both the Federal and State level as to solar energy systems, as well as State legislation that is currently pending that may impact local regulation, and numerous concerns raised by citizens of Dearborn County resulted in the Dearborn County Advisory Plan Commission holding a Public Hearing on the 23rd day of February, 2026 to consider a citizen request that a moratorium on all processes related to Solar Energy Systems – Commercial (SES-C), as defined by Article 19, Section 1902 and also including battery storage facilities associated with SES-C’s, as outlined in Article 19, be put in place for a period of time not to exceed one (1) year, with said moratorium to include the acceptance and processing of any SES-C applications under Article 19 as currently written;
WHEREAS, additionally, the Dearborn County Zoning Ordinance does not explicitly address “data centers” and the construction of the same would require applying for a Variance of Use through the Dearborn County Board of Zoning Appeals. Additionally, there is State legislation currently pending that may impact local regulation of “data centers”;
WHEREAS, the Planning & Zoning Department is drafting an Ordinance to address “data centers” and, in the interim, has recommended that a moratorium on the processing of Variance of Use applications for the construction of any “data centers” be put into place until such time as the “data centers” Ordinance may be finalized. For the purposes of the moratorium request, a “data center” is defined as: “A facility used primarily for the storage, management, processing, and transmission of digital data and that houses computer or network equipment, systems, servers, appliances, and other associated components related to digital data storage, processing, and related operations. Data center uses include data storage facilities, server farms, artificial intelligence training or processing, image processing, cloud computing, email servicing, and similar uses.”;
WHEREAS, at the conclusion of said Public Hearing, the Advisory Plan Commission did, by a vote of _____ in Favor, _____ Opposed, and _____ Abstaining, vote to forward a Favorable / Unfavorable / No Recommendation to the Dearborn County Board of Commissioners as to the adoption of this Ordinance which would put in place a moratorium on all processes related to SES-C’s, as defined in Article 19, Section 1902 of the Zoning Ordinance and including battery storage facilities associated with SES-C’s, as outlined in Article 19 of the Zoning Ordinance, for a period of time not to exceed one (1) year, with said moratorium to include the acceptance and processing of any SES-C applications under Article 19 as currently written;
WHEREAS, the Board of Commissioners seek to ensure that Dearborn County utilizes the most recent Federal and State standards, best practices, and the most up-to-date information that has developed since Article 19 of the Zoning Ordinance was adopted;
WHEREAS, the Board of Commissioners believe that a strategic moratorium on the processes outlined in Article 19 for SES-C’s, including the acceptance and processing of applications related to the development of SES-C projects including battery storage facilities associated with SES-C’s, is necessary to ensure that Article 19 of the Dearborn County Zoning Ordinance aligns Federal and State regulations including, but not necessarily limited to, Indiana Code 8-1-42 and any pending legislation that may be adopted, and incorporates the most recent best practices associated with SES-C installations, their construction, maintenance, and decommissioning;
WHEREAS, at the conclusion of said Public Hearing, the Advisory Plan Commission also did, by a vote of _____ in Favor, _____ Opposed, and _____ Abstaining, vote to forward a Favorable / Unfavorable / No Recommendation to the Dearborn County Board of Commissioners as to the adoption of this Ordinance which would put in place a moratorium on the processing of applications for a Variance of Use under the Dearborn County Zoning Ordinance for the construction of any “data center”, as defined herein, for a period of time not to exceed one (1) year;
WHEREAS, the Board of Commissioners believe that a strategic moratorium on the processing of applications to obtain a Variance of Use in order to construct a “data center” is necessary to ensure that “data centers” are thoughtfully and reasonably regulated in the Dearborn County Zoning Ordinance, that Federal and State regulations, both currently in place and pending legislation that may be enacted, may be incorporated into Dearborn County regulations, and that citizen concerns are properly taken into account prior to the construction of any “data center” in Dearborn County; and
WHEREAS, the recommendation of the Advisory Plan Commission has been certified to the Board of Commissioners as required by Indiana Code § 36-7-4-605 and -607.5.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Dearborn County, Indiana, as follows:
1. A moratorium shall be, and hereby is, enacted within Dearborn County commencing on the 25th day of February, 2026, as to those rules and regulations contained in Article 19 of the Dearborn County Zoning Ordinance pertaining to the filing, processing, review, and/or acceptance of all applications related to Solar Energy Systems – Commercial (SES-C) as defined by Article 19, Section 1902 and including battery storage facilities associated with SES-C’s, under Article 19 of the Zoning Ordinance as currently written. Said strategic moratorium as to processes related to SES-C applications under Article 19 of the Zoning Ordinance, including the acceptance and processing of any SES-C application under Article 19 as currently written, shall remain in full force and effect until no later than February 24, 2027, unless said moratorium is terminated by the Board of Commissioners prior to this date.
2. A moratorium shall be, and hereby is, enacted within Dearborn County commencing on the 25th day of February, 2026, as to those rules and regulations contained in the Dearborn County Zoning Ordinance pertaining to the filing, processing, review, and/or acceptance of all new applications for a Variance of Use related to the construction of a “data center”, as the same is defined herein. Said strategic moratorium as to Variance of Use applications under the Zoning Ordinance for the construction of a “data center” shall remain in full force and effect until no later than February 24, 2027, unless said moratorium is terminated by the Board of Commissioners prior to this date.
3. An EMERGENCY is declared for this Ordinance and it shall take effect immediately upon adoption by the Dearborn County Board of Commissioners.
ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2026.
BOARD OF COMMISSIONERS
DEARBORN COUNTY, INDIANA
______________________________ ______________________________
JIM THATCHER, President DUANE BISCHOFF, Member
______________________________
KEVIN TURNER, Member
ATTEST:
______________________________
CONNIE FROMHOLD
County Auditor
I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. /s/ Andrew D. Baudendistel
This Ordinance prepared by: Andrew D. Baudendistel #28212-15, County Attorney, VOTAW & SCHWARZ, 60 East High Street, Lawrenceburg, Indiana 47025. Phone (812) 537-4500. Fax (812) 539-4500.
ADJOURN- 6:13 PM
Christine Brauer Mueller
Lawrenceburg Township
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