28 September 2026 Dearborn County Plan Commission Meeting Notes
These notes were taken from the video of the meeting, as I could not attend in person.
Present: Dennis Kraus, Jr., Chairman, Mark Lehman, Russell Beiersdorfer, Sabrina Gregory, Joe Vogel, Jake Hoog, Dan Lansing, and Jim Thatcher.
ABSENT- Eric Lang
Also Present: Nicole Daily, Planning and Zoning Director, and Andy Baudendistel, Attorney.
Baudendistel read the Title VI statement as legally required.
ACTION ON MINUTES- July 27 Minutes Approved
OLD BUSINESS:none
NEW BUSINESS: none
ADMINISTRATIVE: Continuing the Article 19 Review and Changes- Nicole Daily presenting:
This was advertised as a meeting where they could vote on a recommendation to the County Commissioners, if they so desired tonight.
Daily went over what was put in the packets and the changes that were documented. The pages have changed as changes have stretched the text. They plan to go thru the ordinance in its entirety tonight. They plan to work on things like setbacks in more detail to get some of that figured out.
Section on Purpose and Intent. No changes.
Definitions- there are some changes there- especially large scale and site changes. Language on not selling electric in some cases so those types of solar won’t look like they are utility sale.
Project size- definition changes to include some landscape changes . Maximum utility site size- changes max from 1000 to 1200 acres.
Gregory- If we are putting an acreage cap, this is one place they can put that - in definitions of the different sizes. Some solar ordinance do that.
General requirements for all types of solar projects. Comments were on construction noise and hours- this is new. M thru Sat 7am to 8 pm. No Sunday construction. This can be changes with the permission of the PC, for certain emergency issue or circumstances determined o allow that.
They want the noise level to match what is discussed from the board.
Lansing- Where did you get the construction hours. Daily- Basic construction hours. But did not want go before 6AM.
Kraus- What of violations? Daily- Just like our basic violation ordinance.
Gregory- Is 55 decibels for just construction? Or after that’s done too? Daily- I’d like that to match.
Thatcher- What of they do one project after another-What is the max? Daily had that as part of the total of all.
1910- Small scale and glare language, abandonment versus disconnect has been reworded. 90 days limit on abandoned solar- under Building code.
Screening in small scale for personal use- not required. Discussion by board:
Lehman - asked about inverters and where they would be on small scale - if its inside the building no problem. Not outside inverter on small scale
Kraus- these would be on the roof or a small panel set? No screening needed.
Gregory- should have something on this for front yard use maybe? Others noted ones they have seen.
Lehman- Accessory structure- and we don’t require screening for that.
Gregory- If we are restrictive they can always ask for a variance.
Kraus- Doesn’t think we are going to need screening for these for personal use.
Hoog-Got clarified on disconnect regulations if no one was living there for 12 months.
Thatcher - Get a permit for it? Daily- No one will come in for this permits. We would probably use an unsafe building ordinance to enforce what to do with disconnected or abandoned solar. Building Dept would have to file with utility to get it disconnected.
1915- Large Scale Solar. Language in here on Ag and Ag Homestead, they have conditional use. It would go to BZA. It would not necessarily have to get a zone change. Thatcher So it wouldn’t be spot zoning? Daily- Not necessarily.
Solar canopy might have to be increased for parking lot canopies. Ground mounted arrays in front yard changed. Would have tech review.
Glare p 13- same with additional info in that. Also had drainage reviews.
P14- Abandonment and disconnect language. Same time frame and language.
1920- Minor change for B2 not B1. Application standard for community and utility scale- added notifications that cross county lines that matches state code.
p 15-16- on lighting plan and glare and environmental .protection.
P17- Had BZA language. Beiersdorfer -Have 2 years to complete? YES. Because of extra fed and state regs they have to adhere to.
Daily- Add paragraph- solar for neighborhood to have HOA so they can have entity for enforcement. They have to create a group.
Max sizes fixed language .
Better definition on canopy solar with 10 ft setback.
Signage issues clarified.
P 23- Drainage language for MS4 to match. More disconnect and abandonment - all she has for 1925. These projects have to follow landscaping ordinance.The community scale- no bond- it falls under unsafe building rules.
Thatcher- how much is the bond- We have to come up with a figure for bonds. Daily - this is community solar. The bond is under the utility scale
Daily- 1935- Utility Scale Solar. Added B-1 to this also. P24- the increase went up to 400ft setback.
Gregory- This is a good time to put a cap on max acreage caps.There are 8 counties with max of 500 acres. 1200 acres is a much larger order. None of the counties have met their cap yet.
Beiersdorfer- Disagree- its all economy of scale. Large population counties with more total acreage than this county has.
Gregory -asked about what county is comparable to ours. We cannot look at Ohio or Switzerland, and Franklin.
Beiersdorfer- Look at Vigo County. Along the Wabash.
Daily said she will look at what Gregory sent earlier.
Lehman- Something has to give for projects to be sizable. Would you rather have one 1200 acre project or 3- 500 acre ones. He would prefer one larger than a bunch of small one all over the county. Setbacks are more reasonable with a larger one.
Daily- Setbacks need to be looked at in conjunction with this project cap size. We eventually have to take a vote on setbacks. We need to get comparisons.
Level 4 Buffer yard for industrial up against residential. One is 400 FT - with landscaping planting along the road ROW.
Discussion went on regarding distance reductions if berm and landscaping was in place. Berms versus hedges. Using some of the industrial rules for being along residential areas.
Kraus- Most uses in ordinance have 100 ft or less setbacks. Talked about I-3 zones setbacks.
Beiersdorfer- If beans can be planted right next road- why can’t solar use every bit of acreage they have?
Lehman- something has to give to get setbacks proportionate to the acreage total. ( And what it is next to?)
Daily- what about 200 acres with 200 ft set back.
Kraus - eating up more ground that has to be maintained and not used.
Daily- Confined feeding in Ag is 100 ft- but 250 ft in residential uses. Etc. [NOTE- It depends on what zone and use they are next to! Who was there first- expectations for properties and value??]
Gregory- Mean set backs 415 ft 269ft and 220ft on other sides AVERAGE for the projects in the state.
Daily - wells - would be 100ft if a waiver lowest. Otherwise 50 ft from flood plain and flood ways. Accessory storage- wouldn’t matter?
Max height 15 ft on panels.
P 27 3 A- Agrivoltaics is only required if a height increase is requested.
Fencing- wildlife friendly. 6 ft if barbwire across the top. Is high tensile allowed if not electrified? Beiersdorfer asked. Similar fencing to Ag fencing types. No chain link fence.
Beiersdorfer- Fencing along roadways but maybe not backyards of no animals.
Daily- By federal law they have to fence. Does anyone want to leave it up to federal standards? She’d like it to be agricultural type fences. Access should be as a commercial driveway.
Lansing- What type of fencing is wildlife friendly?
Example- space for animal to get under like rabbits. And so on.
Bufferyards to match setbacks.
Daily -Woodland preservation- she put a definition in.
Noise- no provisions for noise- need. Discussion on that for that level.
Hoog- Base it off of daytime or nighttime normal levels prior to the construction.
Thatcher- One for construction and one for operation?
Daily - she has it at 55 Decibels
Hoog- It will be higher during construction.
Daily- has baseline- projecting- mapping where the area is. Certified by acoustic professional. After 90 day they have to follow up with noise after construction.
Kraus- what about frequency of the noise.
Daily- played a noise evaluation for sites. Mostly wind was heard initially. It’s an 8 minute cell phone video.
Board voted on eliminating the property value guarantee- and it stays in as it couldn’t get 5 votes to eliminate it from the ordinance. Lehman- They have to make it enforceable in the code now.
Daily - BZA- agreement for conditional use?
1940- Post construction- Large community projects-
1945- zoning permit expiration - 120 days in there. Change it to 1 year as that puts it in one with the rest of the code. Add more language on MS4 regarding halt times for some of these rules.trying to work out details on the 30 days halt.
This ends the review of the Ordinance.
Thatcher- How could we evaluate the quality of the panels?
There are tiers- Require Tier 1 Panels. Recommended by a solar company person.
Gregory- Setbacks and caps need to be discussed.
OPEN PUBLIC DISCUSSION
Bobby Rauen- Bring it back go the purpose of Planning and Zoning He read the code on this. We have heard about the developers needs. Heard very few discussion about the residents needs. Asked Beiersdorfer about voting for a BZA cell tower as he Neds it for his pacemaker monitoring. How about the health safety welfare of the people? Beirsdorfer defended his positions. And said solar farm would be an ideal neighbor.
Kyle- we have sacrificed for the greater good of the people.Manchester School closed so the district cold keep schools open. We have the solar farm now- Some one is making a lot of money- and yet we have to sacrifice our community.
Kraus- We are making an ordinance for the county- NOT a specific plan. There is no one with a permit yet.
Kyle- what about when Linnea first came to the fairgrounds. This gentleman said - he would give her 13 year old daughter his sources via email. Still none. A year later.
Michelle Dudley- we have come here for 9 months- We have given you binders of information. Who is protecting the citizens. You let Nicole trample all over you and you do not say anything. Where are the consultants? I hope you guys see well at night. Kraus- I don’t. Dudley I don’t either.
Jillian Collins- I have a family and 2 kids and I job full time and we are here all the time. We have people who stay home because its so corrupt. Kraus- Just send that to the county prosecutor with evidence. Saw there was an update submitted in email last night - surprised- and yet not. This is authored and endorsed by Linnea. Who can the voters hold accountable at the ballot box?
Kraus answered her- Nicole wrote the ordinance- She is accountable to the board. 4 of us are accountable to the citizens. 5 are appointed for 4 years and citizen members.
It is not a rezone for Ag conditional use. It goes to BZA - a 5 member board. It could be approved with more strict conditions.Or less. If they do a rezone that goes to PC and then commissioners.
Amanda Thompson- I will be much calmer- they nailed it already. You were talking about setbacks. Roads are to have unobstructed views. Small setbacks could put fences right next to the road.blocking view. Panels with sun glints. Sharp turns also would be affected by these solar farms. Emergency vehicles. Solar fires- toxic fumes. White County in Monticello where a vehicle wrecked into s solar farm. Could not get into the solar farm until they could shut it off to get the vehicle and occupant. Looking for setbacks and we are adding more more electricity and getting issues.
Donna McConnell- I am familiar with ordinances. I would like to know who Nicole consults with. She wants to talk to Nicole - who agreed to meet with her. Noise- it has to be compared to what it was before solar comes in. 100 ft. Call office tomorrow to set up meeting.
Robert Montague- I used to talk people off ledges for a living. I feel for you tonight. The vote taken tonight- people were NOT at the last meeting where lots of info was given out. This is why people are upset. If a PC member has not been at the meeting they should perhaps listen to that meeting’s video. He reiterated some of the property value guarantee info he had presented at the past meeting. Eric Lang gave all sorts of info last week. It’s a shame he is not here tonight. Tonight it went off the rails.I feel for you guys.
Shawna Drakę- played her video of noise construction. We should have an expert in solar that is not Linnea. Get someone out of the county.We would sign a 50 year lease. Who does that- we know nothing about it. Different kind of confusion. I appreciate you.
Paul Wyman - Kokomo IN - Indiana Land Use Task Force. Real estate business. Appointed by Governor Holcomb. I have been to meetings across the state. Sharing some things. When I was in County Commissioner seat. In Howard and Tipton County- Wind and solar projects. For 8 years I have taken in every single sale in that wind turbine area. He has also done it in solar. He said there is no decrease in property values in either. Lets do a Good Neighbor Agreement - so that people have the money in advance. It worked well in their area and in others. I offer it as an option and a solution. There is no impact on property values in our area. We just use 50 decibels at the property line. There are things you can do to help this. SB1 Where people are losing money- this can help. Some do flat cap for 5 years of $2500. They don’t believe there would be any property impact after 5 years. Market conditions - you don’t want to be the arbiter of that. The solar companies pay the good neighbor agreement- to landowners. [NOTE- Is he speaking for Linnea]
Lisa Brandt- Weisburg Road- passed out a letter that she wrote. She wanted to be sure they hear what she has been sending. I don’t want any Good Neighbor Agreement money. She asked when the county had ever granted a conditional use for 1200 acres. Kraus had no knowledge of any that big. So this is a precedent. You all see to have a sense of representing Dearborn County - but you don’t seem to be representing the PEOPLE of Dearborn County. Daily remarked that she wrote the draft with people being 50/50 pro and con on solar. There is no data to back that up. Ask another way- do 50% of the people want you start from teh Comp Plan? Would they want a huge solar array in their back yard? I thought Planning and Zoning was done to protect property values - but about about my non-adjacent home.? Realtors warned us to sell our property before this goes in. The people who signed leases with Linnea- they KNEW they were living in an Ag place. Not Industrial. What makes solar a farm ? If Kopps Turkey put some turkeys on their Industrial property, does that make it a farm? No- its industry.There is a big difference growing soybeans next to the road and. A15 ft solar panel there. God Bless You.
Chris Berry with Linnea Energy- with your permission, I would like to request 10 minutes to speak on behalf of some hardworking landowners who’re not able to attend tonight. I’ll keep it to 5, but… I’ll keep it to 3. The tradeoffs with the restrictions being imposed are coming at the expense of the landowners who are using their property for solar. I can’t see what they are improving. Ordinance already imposes restriction on light noise etc. Staying focused on language, We recommended that insurance with county as additional insured and its in the ordinance. Staging for trucks during construction. New electrical - didn’t finish- but will send the rest of his comments.
Emily Hartman- 3 min not enough- hope I can enlighten. I work in real estate. Property rights- did you run on property rights, Denny Kraus? (He said- yes.) I don’t see anything in state code whereto are required to do that. There are some inaccuracies in your ideas on property rights. You honor one person’s property rights over another- That is not property rights. Russell( Beiersdorfer), There is a right to farm. Renewable energy is not a part of agriculture. I don’t care if they are grazing sheep, If you put rooftop lettuce on a data center that is doesn’t make it a farm. Nuisance - courts will ultimately judge the. Good neighbors don’t pay you hush money - they let you borrow a cup of sugar and keep an eye on things when you are gone. Economies of scale - showed you a study of 90 - we made. A lot of progress last week. I think I will stop there.
Ed Yelton- Wants to talk about fire - but there are 2 places on the south side of project and could be detention ponds. Can use it for fire protection - it would have to be in the design and build.If there is spill it could be retained. We are here for the ordinance.
Lisa Lake Weisburg Rd- The hours for operation are too early and too late. Interferes with her sleep and peace on the porch.We need a setback against SR48. Cars can wreck into this.
Josh Holland- page 59 and other grammatical errors. P52- If property values are not being considered from the very good presentations here. P42 $100,000 figure is still there- not amended. He tasks the board with reviewing the meetings to be sure they are not missing things. Noises- bring the device in and figure it our- different frequencies. Do the tests in the cold. Ag land- if there is not a fence up there. You can as an ag owner can request a fence with the Soar farm people to do their half. Wind maps- show this is not a good area for wind energy. How about Solar maps. Asked to wrap up-as he was running out of time by Kraus. Holland said he had plenty of time at teh NEXT solar meeting. <Laughter>
Joe Collins- Solar, Manchester School sold, and the Metal fabricating - How much is Manchester getting hit with. It’s drastically changing, consider this for what we are used to. This is getting to be highly industrial. Baudendistel- reminded them that the commissioners denied the metal fabricating and the Dollar Store did not get approved. Collins said Manchester is not used to all this change. Consider that.
CLOSED Public Discussion
Russell Beiersdorfer- Years back- he was first one approached for solar. He said no- as he was on the board- a conflict of interest. He said he is the reason the board made the first solar ordinance back then. It was the previous plan director- not Nicole. I am looking out for the whole county.
Someone asked him where were you going to put a solar - and stated it was not that much.
Nicole Daily - Special Meeting next Wednesday October 14 at 6 PM. Beiersdorfer will miss. Joe Vogel said- they will still get the info from Nicole.
Regular meeting October 26. In November special meeting for open public hearing about housing as required by state now.
Meeting adjourned at 10 PM
Christine Brauer Mueller
Lawrenceburg Township
