27 April 2026 Dearborn County Plan Commission Meeting Notes
Present: Dennis Kraus, Jr., Chairman, Russell Beiersdorfer, Mark Lehman, Joe Vogel, Sabrina Gregory, Jake Hoog, Dan Lansing, Jim Thatcher, and Eric Lang
Also Present: Nicole Daily, Planning and Zoning Director, and Andy Baudendistel, Attorney.
Also present: A room full of citizens and some out in the entry listening to the meeting on livestream. Marc Emral of The Register was present as well a some TV stations form Cincinnati. Sam Mortenson also filmed the meeting.
Baudendistel read the Title VI statement as legally required.
ACTION ON MINUTES September 22, 2025, January 25, 2021, October 25, 2021, December 20, 2021, May 20, 2019- Approved.
OLD BUSINESS:none
NEW BUSINESS:none
ADMINISTRATIVE Nicole Daily reported:
Comments have been organized in an Excel file per Nicole Daily.
They have toured solar farms in Ohio and Indiana doing noise studies there and have been in those farms with permission as well. Still compiling more of these. Video and pictures of their tours all over these 2 states. They will be emailing these out.
Looked at different ordinances for different states to compare these solar farms, data centers etc. If things are slow on this website- we will have a new one by the end of the year at the county. If you need info a different way- contact the PZ office. No questions from the board.
Nicole Daily-
Staff will give an overview information, comments and other items collected towards the
goal of amending ordinances related to commercial solar, BESS and Data Centers. All
information and comments gathered that will be presented has been collected up to April
24th. This will be the second update of information provided. The first update was
delivered to the Plan Commission, County Commissioners and citizen emails, as well as
posted on the County Website.
Staff will present the first item of discussion which is the request for a Citizen Advisory
Committee. In order for the Plan Commission to decide on such a committee a
Resolution will have to be voted on. They based these on Indiana code in 36-7-4.
She explained that the Commissioners could have a citizens advisory committee to REVIEW whatever the PC had recommended.
Baudendistel - explained that commissioners can amend the PC recommendation and it does NOT have to go back to PC any more- That is a new amendment to the Indiana code on Advisory Plan Commissions.
[NOTE: THIS CAN HAVE A VERY DIFFERENT ON DECISIONS THAN PREVIOUS YEARS of recommendations. It basically means that the commissioners can change or ignore the PC recommendation and approve their own. This takes the teeth out of Planning and Zoning. There has been a systematic attempt at the legislative level by development interests to take power away from the local Planning and Zoning Boards across the state.]
Plan Commission opened public comments to only speak on the topic of a Citizen Advisory Committee.
Amanda Thompson- everybody has a stake in this either way. She thinks it is important- for those that signed leases, their neighbors, anyone who would be impacted could be on this. She thinks there should be a more well rounded board than what Nicole has proposed so far.
Bobby Rauen- ordinances should be drafted by the citizens of the community plus referenced his other comments before to PC.
Joe Bulach- Doing an excellent job already. Thinks the commissioners dumped this on them. I am pro property and landowners rights. We are not in the minority- 50,000 people in the county- about 40,000 adults. Stop Solar petition is 3,000 signers. Cast doubt on the make-up of the citizens advisory board. So he suggested that they drop this back on the commissioners.
Emily Hartman- I think the resolution is a good place to start. Would like to understand the intention of the board. Wants to know if they can amend the make-up of the board. Thinks it would be good to meet 2x a month. Supports the Advisory Board in any capacity.
Chris Barry- senior development for Linnea Energy- solar developments bring lots of positives. Good regulation and clear rules. Rewriting of article 19 can be effective if not efficient. Citizens Advisory Committee is a wolf in sheep’s clothing. He went on and on- and was told to stand down by President Kraus but did not. Police officer was called in, but did not have to escort him out. [NOTE: It is interesting that Linnea’s representative is allowed to weigh in on this. They have no residence in the county, don’t vote here, and they have no standing with the PC or Commissioners as they have not filed for any permits etc. Why should THEY decide anything about the ordinance or the Citizen Advisory Committee?]
Bob Montague- strongly support a citizens advisory board to help collect unbiased material. It will help with information. Vetting the petitions was done. Current system - you are allowing info from anywhere on earth. The people affected- pro or con- should be sitting down and discussing. We will hear about quiet and loud solar and etc. We hear rosy pictures of what is happening in Tippecanoe county. I don’t think we need houses surrounded by solar. Do the right thing- hear about both sides pro and con.
Jenny Bulach- I want to explain why you should not have a citizen’s advisory committee.It risks blurring the lines of authorities. It cannot be made fair or representative. If chosen by appointment it is even less fair. It becomes part of the government process. The county would be risking lawsuits if open door is violated etc. This will draw out the moratorium and the PC was appointed to represent the people.
Lisa Barker- I am super proud of the people here tonight. I have not seen this many people here since we did in my 20s. We are starting to show people we care. We have. A lot of new tech coming in. You cannot expect this board to know it all. There are all sorts of advisory boards to help in the state with this.
Brandon Lang- property rights were cited along with early Americans. So called Grass Roots candidates are no about property rights. Stop Solar Group’s proposal for Citizens Advisory Committee- is not respect for property rights. If the majority can dictate what one person can do with their land- not right. Vote no- on the Citizen’s Advisory Committee.
Rhett Dennerline- Pretty simple. The Indiana legislature did pass a statute for the Zoning Board to create a citizens advisory board. This is very appropriate. If not now, then when WOULD you set one up? History is repeating itself. They were building power plants in towns around homes and now we are trying that again around homes. It is important to have the people who live in these homes to have a say. Volunteered to serve on the board.
Renee Shadrey sp?- We move from Ohio- to see the beautiful fields. You have a property rights as long as you don’t infringe on the neighbors. I think we are trying to stick up for ourselves. Citizen advisory committee would be great for this. We should have a voice.
Michelle from Manchester- We deserve a say on the board and supports a Citizens advisory committee.
Jessica Schneider- Manchester- Am in favor of CAC and it is allowed by statute per Andy Baudendistel.
Sara Lorton- Would be willing to sit on this board Owns her own business and sits on school board. A solar company comes in and offers lots of money. She’s a nurse. Has done her homework. Willing to help.
Woman ( did not get her name)- moved from Iowa- Manchester township- We have rights- she is pro- CAC.
Joe Volk- have seen a lot of solar and data centers in other counties,- I can feed the CAC a lot of good info from those places too.
Mark Hall- Sunman address- One of the most essential thing for the 2004 Master Plan was the CAC- I sat on it- we were in the background- helping to form the plan. Let us receive some of that load for the PC members- you have a lot on your shoulders.
Plan Commission closed public comments- 7:05 PM
Beiersdorfer- was contacted by a solar company years ago. There were very few counties that had any ordinance on that. We had to protect the county. I am for property rights. I am not a big fan of what they are doing- but you have to have rules. Want you to talk about the ordinance and how to do it.
Hoog- asked about the commissioners amending, If the commissioners amend- then they do NOT have to send it back to PC.
Lang- The advisory board is just advisory- right? Baudendistel- Yes- strictly advisory.
Thatcher- thinks the PC can do what they always do. And the commissioners can have a neutral Citizens advisory board at the end.
Baudendistel- The citizens will have input even if there is no CAC.
Lehman- May and June are the only 2 months the CAC can meet to meet the deadlines. Daily said they will look at the schedule. How many workshops will you have?
Discussion on the timeline- and so on.
Plan Commission discussed and decided against a Citizen Advisory Committee. Thatcher wanted the CAC at Commissioner level.
Beiersdorfer motioned to follow Thatcher’s recommendation to have the CAC with the Commissioners and not the PC. They could then have CAC review the recommended ordinances in pieces as they forward them to the Commissioners. Lehman seconded. Approved Unanimously.
Workshops schedule- Wed May 20 will be the first one per Nicole. The topic will be solar, data, and battery. An intern in office working on urban forestry. Next PC meeting is May 26th.
ADJOURNED 7:45 PM
Christine Brauer Mueller
Lawrenceburg Township
BELOW is the Citizens Advisory Committee Resolution prepared by Baudendistel that WAS NOT approved.
ADVISORY PLAN COMMISSION DEARBORN COUNTY, INDIANA RESOLUTION 2026--_____ A RESOLUTION OF THE DEARBORN COUNTY ADVISORY PLAN COMMISSION ESTABLISHING THE SOLAR, BESS, AND DATA CENTER CITIZEN ADVISORY COMMITTEE
WHEREAS, the Dearborn County Advisory Plan Commission (“the Commission”) is authorized, pursuant to Indiana Code § 36-7-4-407, to establish citizen advisory committees to assist with planning and zoning activities; and
WHEREAS, the Commission is undertaking a review and possible amendments to Article 19 of the Dearborn County Zoning Ordinance as it relates to Solar Energy Systems – Commercial (SES-C’s) and Battery Energy Storage Systems (BESS); and
WHEREAS, in addition, the Dearborn County Planning and Zoning Department has been working on the creation of a new Article of the Dearborn County Zoning Ordinance as it relates to Data Centers; and
WHEREAS, the Commission recognizes that public participation is vital to ensure that any changes to the Dearborn County Zoning Ordinance as it relates to these matters reflects the goals, vision, and values of the residents and business owners within Dearborn County; and
WHEREAS, the Commission desires to appoint a group of community members to serve as a Citizen Advisory Committee to review data, conduct public outreach, involve citizens and business owners throughout the entire unincorporated areas of Dearborn County, and make recommendations to the Commission as to the regulation of SES-C’s, BESS, and Data Centers in the Dearborn County Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Dearborn County Advisory Plan Commission as follows:
- Establishment of the Committee: There is hereby established a SES-C, BESS, and Data Center Citizen Advisory Committee (“the Committee”).
- Purpose and Duties: The purpose of the Committee shall be limited to working with Dearborn County Planning and Zoning Department staff as to SES-C’s, BESS, and/or Data Centers on the following duties: a. Review the current Article 19 of the Zoning Ordinances to recommend to the Commission possible updates and amendments to the definitions and regulation of SES-C’s and BESS in Article 19. b. Review the proposed new Article to be added to the Zoning Ordinance as to the definitions and regulations of Data Centers and make a recommendation to the Commission as to its adoption. c. Recommend minimum standards for setbacks, noise abatement, visual screening/buffering, landscaping, environmental regulations, lighting, drainage, possibilities of cohesiveness between SES-C’s, BESS, and/or Data Centers and agriculture and/or residential land uses. d. Develop specific minimum safety guidelines for SES-C’s, BESS, and Data Centers, including fire protection and emergency containment plans. e. Propose protection measures for agricultural land, and/or the integration of agricultural land with SES-C’s, BESS, and/or Data Centers, in an effort to protect the environment. f. Evaluate community impact including the impact on property values of all property owners. g. Consult with the attorney for the Commission in an effort to ensure that all recommendations to the Commission are legally sound, enforceable, and contain only those restrictions that are reasonably necessary to promote the public health, safety, morals, and welfare of Dearborn County.
3. Composition: The Committee shall be composed of eleven (11) members appointed by the Commission, and shall include: a. A minimum of two (2) farmers or owners of agricultural land in the unincorporated areas of Dearborn County (one (1) of which might benefit from such a development and one (1) with a long-standing and operational agriculture farm). b. A minimum of two (2) property owners of land in the unincorporated areas of Dearborn County that is primarily being used as residential land in an agricultural zoned area. c. A minimum of two (2) representatives of small, local businesses located in the unincorporated areas of Dearborn County. d. A minimum of one (1) representative of a utility profession that is also a landowner within the unincorporated areas of Dearborn County who has an understanding of SES-C’s, BESS, and/or Data Centers. e. One (1) member of the Dearborn County Technical Review Committee. f. One (1) member of the Commission. g. One (1) member of the Dearborn County Advisory Board of Zoning Appeals h. The Director of the Dearborn County Planning and Zoning Department (to be assisted by Planning and Zoning staff to help document conversations and discussions). i. The Committee shall consist of citizens from different townships of the County. There shall be no more than two (2) members from the same township as members of the Committee.
4. Terms, Operations, and Considerations: a. The Committee shall abide by all statutes, rules, and regulations that pertain to public agencies including, but not limited to, the Indiana Open Door Law (Indiana Code § 5-14-1.5) and the Indiana Access to Public Records Act (Indiana Code § 5-14-3). b. The Committee shall hold its meetings open to the public. There will be no “Public Comment” section during the Committee meetings, however the public will be able to provide input from the Committee discussions via written and/or emailed comments submitted to the Planning and Zoning Department for distribution to Committee members. c. The Committee shall produce a report with recommendations to the Commission and shall present said report during regularly scheduled Commission meetings. Pursuant to Indiana Code § 36-7-4-407, the Committee shall report only to the Commission and shall make inquiries and reports only on the subject and problems specified by this Resolution. d. The Committee shall invite experts in professions related to SES-C’s, BESS, and/or Data Centers and representatives from Local and State agencies including, but not necessarily limited to, the Dearborn County Soil and Water Conservation District, Fire and Emergency Management departments, the Purdue Extension Office, the Environmental Health division of the Dearborn County Health Department, the Dearborn County Redevelopment Commission, the Dearborn County Highway Department, the Indiana Department of Natural Resources, the Indiana Department of Environmental Management, and the Indiana Utility Regulatory Commission. Said experts shall be invited to Committee meetings for discussion and to assist the Committee with carrying out its purpose and duties. e. The Committee may be dissolved by the Commission at any time and will automatically dissolve upon the adoption of an Ordinance or Ordinances by the Dearborn County Board of Commissioners as to SES-C’s, BESS, and/or Data Centers or the expiration of the moratoriums on February 24, 2027, whichever occurs sooner.
5. Authority: The Committee is strictly advisory and has no authority to make final decisions or vote on any Ordinances that may be presented to the Commission for vote on a recommendation to the Dearborn County Board of Commissioners.
ALL OF WHICH IS RESOLVED by the Advisory Plan Commission of Dearborn County, Indiana this the _____ day of _______________, 2026. DEARBORN COUNTY, INDIANA ADVISORY PLAN COMMISSION ______________________________ DENNIS KRAUS JR., President ATTEST: ______________________________ NICOLE DAILY, Director Dearborn County, Indiana Planning and Zoning Department 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 Resolution 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.
