REAL PoV: July 9 County Council actions on Solar

WRITTEN BY DAN SCHAETZLE, REPUBLICAN MEMBER OF THE ST. JOSEPH COUNTY COUNCIL

HELP SUPPORT INDEPENDENT JOURNALISM BY BECOMING A SUBSCRIBING MEMBER. YOU CAN ALSO MAKE A ONE TIME DONATION HERE.

Hello fellow citizens. I am Dan Schaetzle, St. Joseph County Councilman for the Granger
area. At the Council’s July 9 meeting, we considered an ordinance and two resolutions related to solar farms. The evening’s events are a great example of how common sense legislation can have bipartisan support and how the lack of communication across party lines destroys public trust.

This story really started in 2020. It was then that our County Council approved rules for
solar farms that made St. Joe County an inviting location. The ordinance stated that large scale solar projects would be zoned agricultural, that those particular projects would only have setback requirements of 30 feet from adjacent properties on the side and rear, have two square feet of native grass for every square foot of panels, and the solar company would have to have a plan for removing all equipment at the end of the project. St. Joe County instantly became a prime location to set up solar fields. In the years that followed, Large scale solar projects were approved and have since been constructed in Granger and New Carlisle. A third, much smaller project was approved by the Council by a 9-0 vote in 2023. It will be constructed by Notre Dame, just west of the campus.

As your councilman, I have been concerned about the lax county solar rules since before
I was elected. I have worked with our county commissioners to keep track of the progress of solar companies trying to establish themselves in our county and have been very frank about my displeasure with the solar business model’s dependence on tax breaks as well as the lack of jobs that they bring. I have also made it very clear that solar only belongs in specific areas and under certain circumstances.

As we entered 2024, I began to study what level of restrictions would dissuade solar
companies from coming to St. Joe County. Then in June, as the controversy over a large solar project in Liberty Township started to heat up, I came to the conclusion that 500 foot setbacks, heavy screening requirements, mandatory drain tile replacement, mandatory training of local fire departments to deal with panel fires, a prepaid bond to disassemble the project, and other restrictions would be deterrents to most solar investment. I also was clear that I would vote against an abatement for the majority of solar projects due to the lack of jobs produced.

At the July 9 County Council meeting the Council had to consider an ordinance that had
come to us from the County Area Plan Commission. I had been looking forward to passing this very important ordinance. It increases the distance from solar panels to non-participating residences to 250 feet from the foundation of the home or 150 feet from the closest property line, whichever requirement was greater. It also requires full screening landscaping the length of a lot line which abuts a subdivision of ten homes or more. In addition a decommissioning agreement and a security fund has to be provided by the solar company to the county. Finally, and most importantly, all future solar projects must come to the county council for a special use permit. After council comments and almost two hours of comments from community members, the ordinance passed, 9-0.

Unfortunately, most of the public, myself, and the Democratic members of the Council,
were unaware that on Monday, four solar companies (including Hexagon of the Liberty
Township project) had already submitted a commercial plan review. With no mistakes in their applications, these companies will operate under the 2020 solar ordinance. They will not have to come to the Council for a special use permit. Council members Drake, Root, Figg, and Thomas were aware that the companies had submitted commercial plan reviews but chose not to share that information with their fellow council members or the public until very late in the evening. Unfortunately, this has created distrust with the citizens of Liberty Township. All nine of us should be working for the common good, not attempting to create “gotcha moments” at the expense of the people and in violation of their trust in us.

Most of the public, myself, and the Democratic members of the Council learned of the
commercial plan review submissions when Councilwoman Drake presented her resolution for a “12 Month Solar Moratorium”. As I questioned her on the content of the resolution, she revealed the actions of the solar companies. This was verified by a St. Joe County Area Plan representative. Regardless, the four Democrats and I had made it very clear over the previous two weeks that we did not support a moratorium for several reasons. First, our job is to make decisions; and we have enough information on solar and solar projects to make decisions, not kick the can down the road. Second, with our ability to use the special use permit and other mechanisms to keep ordinances in committee for up to a year, a moratorium is redundant. Republicans should be for smaller government, not redundant government. Finally, asking the people affected by these projects – whether non-participating residents, participating residents, or a company – to put everything on hold for a year while we over analyze a project would be extremely unsettling for some and unfair to all. The resolution went down in defeat 5-4.

A second resolution to take the next step in tightening rules around solar was then
introduced by the four Democrats and myself. Among other things, this resolution calls for
increased setbacks for non-participating residential properties to 500 feet from the home or
150 from the home’s property line, whichever is greater. It also increases the minimum distance a solar field must be from non-participating agricultural properties to 150 feet from the property line. For properties that are protected by the National Park Service, Indiana Dept. of Natural Resources, or other nature conservatories, large scale solar must be located no less than 500 feet from the property line. Also Type 2 screening is required when large scale solar abuts a residential district, home, or conservation property (as listed above). In addition, language is included that would require solar companies to evaluate all drainage tile in a field after construction and repair or replace any damaged tile. This must be done to the satisfaction of the St. Joe County Drainage Board. This resolution passed 9-0.

With the ordinance we passed at the beginning of the evening we have a start on
sensible solar regulations and a very important tool in the special use permit. The resolution I described in the previous paragraph will make those requirements even stronger once it gets through the Area Plan Commission and back to the Council for final passage. There is still more work to be done, but with sensible regulations in place, the council and commissioners can say no to future projects that greatly intrude on the character of a community and still have the ability to say yes to a project that is a continuation of similar development in a specific area.

Respectfully,
Dan

Want to keep seeing the news the legacy media just won’t report? REAL News Michiana relies on member subscribers to keep going. As a subscriber, you’ll get an RNM mug and invites to special events. Help us continue to expose corruption and report on the news conservatives care about by subscribing here.