Indiana Local Ordinances and lawsuits.

Indiana Ordinances and lawsuits
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FTW
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Posts: 251
Joined: Tue Oct 27, 2020 7:34 am

Indiana Local Ordinances and lawsuits.

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The following is data from Indiana relating to LOCAL Restrictions. Lawsuits and opposition to Solar and Wind Projects that is from BEFORE March of 2022. I am currently trying to update this information, so any additional data that can be added, would be greatly appreciated.

When I get through with Indiana, I plan on starting on other states and am looking for volunteers willing to assist me with that project.

Finally, I am also looking for volunteers to assist in finding and posting local and/or national data on the following websites and social media sites.

Since I have created 60+ Facebook groups for multiple Not-for-profit organizations that I run in addition to the groups below, I could really use anti solar and wind warriors to help share information and become moderators to some of the groups listed below AND writers or posters for the following websites.

Anti Solar & Wind Active Websites
• StopSolarFarms.org
• NoSolarWind.org
• NoSolarWind.com
• SCINCC.org (Spencer County Indiana Concerned Citizens. org)

Anti-Solar & Wind Websites under development or being reorganized.
• StopSolarFarms.com
• SONR.org (Save our Natural Resources)
• OPNR.org (Organization for the Protection of Natural Resources)
• POFL.org (Protect our Farmland. ORG)
• PHNR.org ( Protect our Historical & Natural Resources)

Facebook Groups/Pages

Page:
StopSolarFarms

Groups:
1. (4,600 users) Stop Solar Farms: https://www.facebook.com/groups/stopsolarfarms

2. (777) Stop Solar & Wind Farms: https://www.facebook.com/groups/stopsolarandwindfarms/

3. (487) Concerned Citizens of Spencer County: https://www.facebook.com/groups/concern ... cercounty/

4. (478) Indiana Against Solar and Wind Farms: https://www.facebook.com/groups/iraswf/

5. (94) No Solar or Wind Farms: https://www.facebook.com/groups/nosolarwind/

6. (43) OPNR (Organization for the Preservation of Natural Resources) https://www.facebook.com/groups/opnrfb/

7. (29) Preservation of Natural Resources ORG: https://www.facebook.com/groups/savenaturalresources/

8. (23) Clinton County Residents Against Solar and Wind Farms https://www.facebook.com/groups/2784995315069305/

9. (22) Posey County Indiana Against Industrial Solar and Wind Developments: https://www.facebook.com/groups/stopsolarinposeycounty/

10. (16) Preservation of Historical and Natural Resources: https://www.facebook.com/groups/phnr.org/

11. (15) Jay County Residents Against ind and Solar Farms: https://www.facebook.com/groups/2750227258591403/

12. (15) Marion County Residents Against Wind and Solar Farms: https://www.facebook.com/groups/2654419191439702

13. (12) Vanderburg County Residents Against Wind and Solar Farms: https://www.facebook.com/groups/1009015399571527

14. (11) Lake County Residents Against Wind and Solar Farms: https://www.facebook.com/groups/1022689488166608/


Thanks
FTW
Allen County: According to the Allen County zoning ordinance, last updated in
September 2019, wind energy conversion systems with any of the following three characteristics are prohibited:
(a) a nameplate capacity of more than 50 kW;
(b) a total height of more than 60 feet; and
(c) a total swept area of more than 40 feet.
(Benton County) Jordan Creek Wind Energy Center: This 400-
MW project in Benton and Warren Counties began commercial operation in
December 2020 despite having faced intense local opposition. Facebook groups,
such as the Warren County Concerned Citizens, opposed the project, and
residents circulated a petition calling for enhanced setbacks, which cited noise,
vibration, shadow flicker, and the threat of ice being thrown from turbines.
Boone County: Boone County banned wind farms in or around 2009 after wind
energy developers approached the county about potential development
opportunities.
Clinton County: Clinton County upheld a moratorium on wind farms in
September 2019.110
Delaware County: On February 22, 2022, the Delaware County Commissioners
approved amendments to the County’s solar ordinance, including increasing the
setback from neighboring property lines to 200 feet and classifying solar as a
“special use” subject to public hearings and additional approvals. The County
Commissioners also enacted a 1-year moratorium on solar farm development.
The amendments and moratorium followed intense local opposition to the
proposed Meadow Forge solar project.

(Delaware County) Meadow Forge Project: Community members have
expressed opposition to the Meadow Forge solar project in Delaware County,
Indiana, citing concerns over visual impacts and loss of tax revenues for local
schools. On January 3, 2022, an attorney representing the opposition raised
concerns about impacts to property values.
(Elkhart County) Elkhart County Solar Project: In October 2021, Elkhart County
commissioners voted against rezoning agricultural land for a 150-MW solar
energy project near Millersburg, Indiana. The project had previously earned the
support of the Elkhart County Council, the county Plan Commission, and the
Economic Development Corp. However, the commissioners sided with
neighbors who opposed the project because of potential decreases in property
values and visual impacts. However, in September 19, 2022, Elkhart County
approved a zoning change for a revised 100-MW version of the project.
(Fayette County) West Fork Wind Energy Project: In 2015,
NextEra proposed a 98-turbine wind farm in Rush, Henry, and Fayette Counties.
In 2016, the Rush County Board of Zoning Appeals (BZA) imposed onerous
requirements on the project, including a 2,640-foot setback requirement from
non-participating property lines and a turbine height limit of 200 feet, far shorter
than typical commercial wind turbines. By 2019, NextEra had abandoned plans
for the Rush and Henry County portions and was considering a smaller 52-
turbine project in Fayette County alone.
Fulton County: According to the Fulton County zoning ordinance, last updated
in October 2018, wind farms are prohibited in all unincorporated areas of Fulton
County. Previously, wind farms were banned in all areas of the County.
(Gibson County) Gibson Solar Project: Averon Energy and Tenaska proposed a
280-MW solar project near the City of Princeton in Gibson County as part of a
power purchase agreement. In November 2021, the Princeton Planning
Commission voted against recommending the site plan after a meeting at which
residents raised concerns about impacts to housing development and property
values. The developers responded that they would revise their proposed site
plan to eliminate parcels that caused particular controversy.
You can follow their resistance on Facebook at: https://www.facebook.com/FultonCountyINPropertyRights/
Hamilton County: Under the Unified Development Ordinance of 2022, wind
turbines must not exceed 300 feet in height and must be set back by at least 1.5
times the tower height from property lines; commercial solar projects are
prohibited on prime agricultural soils and must be set back at least 300 feet from
neighboring houses. For some period in 2019, there was a moratorium on wind
projects.

(Hamilton County) Hamilton County Wind : In December 2019, the Hamilton
County Board of Commissioners rejected plans for a 4-turbine, 11-MW project by
Hamilton County Wind. In rejecting the plan, one commissioner noted that he
believed the company had not met its burden of demonstrating that the wind
farm would not pose a threat to human health. At a public hearing earlier in the
month, a large crowd of opponents raised concerns including health impacts and
property values.
(Henry County) Big Blue Ribbon Wind Farm: The Henry County Planning
Commission rejected a proposal for the Big Blue Ribbon Wind Farm in 2019
amidst community opposition to the project. Residents raised concerns about
health impacts and property rights, arguing that a 1,500-foot setback from homes
was not sufficient.

(Henry County) West Fork Wind Energy Project: In 2015,
NextEra proposed a 98-turbine wind farm in Rush, Henry, and Fayette Counties.
In 2016, the Rush County Board of Zoning Appeals (BZA) imposed onerous
requirements on the project, including a 2,640-foot setback requirement from
non-participating property lines and a turbine height limit of 200 feet, far shorter
than typical commercial wind turbines. By 2019, NextEra had abandoned plans
for the Rush and Henry County portions and was considering a smaller 52-
turbine project in Fayette County alone.
Howard County: In 2015, Howard County adopted amendments to a wind
ordinance that increased setback requirements from 1,500 feet to 2,000 feet from
the nearest property and decreased the noise limit from 50 dBA to 40 dBA.111

(Howard County) Emerald Green Solar Farm: On March 30, 2023, nine local
residents filed a lawsuit to reverse the Howard County Board of Zoning
Appeal’s February 28 decision to grant a special exception permit to ENGIE for
the proposed Emerald Green Solar Farm. The 200-MW project would occupy
approximately 1,800 acres.
Jasper County: In 2019, Jasper County established 1,760-foot setbacks to property
lines and 2,400-foot setbacks to homes, roads, and places of worship. A local anti-
wind group called Save Jasper County, which supported the restrictions, stated
the new ordinance “essentially eliminates wind development in all of Jasper
County.
You can follow their fight against solar on Facebook at: https://www.facebook.com/pulaskiandjasp ... rtyrights/
Kosciusko County: Kosciusko County requires wind turbine setbacks of at least
3,960 feet or 6.5 times the turbine height from property lines. It also limits turbine
noise to 32 dBA, requires zero shadow flicker effects on neighboring homes, and
limits construction to dedicated industrial zones.
(Madison County) Lone Oak Solar: In May 2019, the Madison County Board of
Zoning Appeals approved a 120-MW solar project proposed by Invenergy,
issuing a special use permit that required construction to be completed.
Residents filed a civil lawsuit challenging the approval, citing concern about
property values and specific members of the Board of Zoning Appeals. The
Indiana Court of Appeals upheld the decision of the Madison Circuit Court that
there was sufficient evidence to support the approval of the original and
secondary special use applications concerning the project. The Indiana Supreme
Court declined to take the appeal.140 However, when the developers requested
that Madison County allow additional time to complete construction in light of
the pandemic, supply chain issues, and litigation from project opponents, the
County refused, and the developer sued.
You can follow their fight on Facebook at: https://www.facebook.com/solarinmadisoncty/
Marshall County: In or around 2013, Marshall County commissioners voted
unanimously to ban all commercial wind development. The prohibition remains
in effect as of the latest version of the zoning ordinance available online in
February 2023.
Miami County: In 2018, Miami County increased wind turbine setbacks to 2,000
feet from property lines and roadways amidst local opposition to a proposed 75-
turbine project in the northern part of the county.121 Under the 2021 version of the
ordinance, wind turbines must be set back 0.5 miles from rivers or reservoirs.

(Miami County) Harvest Wind Project: In September 2018, developer RES
Americas canceled plans for a 600-MW wind farm in Indiana several months
after Miami County increased its setback requirement to 2,000 feet from property
lines, roads, public lands, and city limits. Residents opposed to the project had
collected 900 signatures for a petition requesting a setback of 2,640 feet.
Montgomery County: A 2019 Zoning Ordinance renders it effectively impossible
to construct wind farms in Montgomery County. The ordinance calls for setbacks
from property lines or roads of either 5 times the turbine height or 2,640 feet
(which may be increased to 3,200 feet at the zoning board’s discretion). It also
requires setbacks of 1 mile from a town or school, a maximum of 32 dBA, and
zero shadow flicker. Property values must be guaranteed for residents within 2
miles of any turbine, and commercial turbine construction is limited to industrial
districts.
You can follow their fight on Facebook at: https://www.facebook.com/groups/Montgom ... iwindfarm/
Noble County: Since 2013, Noble County has required a 3,960-foot setback from
property lines for wind projects.
Pulaski County: In 2018, Pulaski County Commissioners banned all commercial
wind development.124 The Unified Development Ordinance of 2022 provides that
“commercial WECS [wind energy conversion systems] shall be a prohibited use
within the planning and zoning jurisdiction of Pulaski County” in the interest of
“protecting and promoting the health, safety, and general welfare of the
residents of Pulaski County” and “in light of concerns regarding negative impact
on the value of property,” among other reasons.

(Pulaski County) Mammoth Solar Project: Plans for a $1.5 billion,
1,300-MW solar project have encountered opposition from a resident group called Pulaski County Against Solar.
Opponents have focused on the amount of agricultural land involved in the 13,000-acre project, which would include 2,600
acres of solar panels. A group of landowners filed a lawsuit to stop the project,
alleging that the Pulaski County Board of Zoning Appeals’ decision granting a
special exception for the project was improper because the developer’s
application was incomplete. In August 24, 2021, the Indiana trial court ruled in
favor of the petitioners, and on September 21, 2022, the Indiana Court of
Appeals affirmed.
You can follow their fight on Facebook at: https://www.facebook.com/groups/350548792612785/
Rush County: Rush County limits turbines to 200 feet and imposes a setback
distance of 2,640 from all property lines. The ordinance also limits shadow flicker
on non-participating landowners’ properties to zero and limits noise to 32
decibels at the property line.

(Rush County) West Fork Wind Energy Project: In 2015,
NextEra proposed a 98-turbine wind farm in Rush, Henry, and Fayette Counties.
In 2016, the Rush County Board of Zoning Appeals (BZA) imposed onerous
requirements on the project, including a 2,640-foot setback requirement from
non-participating property lines and a turbine height limit of 200 feet, far shorter
than typical commercial wind turbines. By 2019, NextEra had abandoned plans
for the Rush and Henry County portions and was considering a smaller 52-
turbine project in Fayette County alone.
(Shelby County: ) You can find out about the Shelby County Fight against solar at: https://www.facebook.com/groups/681624026030898/
You can follow their fight on Facebook at: https://www.facebook.com/groups/681624026030898/
Spencer County: Solar Ordinance updated in 2023, requiring ALL solar projects to stay at least 2 miles from any wellheads recognized by the State of Indiana and all schools. You can find out more about Spencer County's Fight and Resistance at their website https://scincc.org/bb/ or their Facebook Group https://www.facebook.com/groups/concern ... ncercounty
(Starke County) Mammoth Solar Project: Plans for a $1.5 billion,
1,300-MW solar project have encountered opposition from a resident group called Pulaski County Against Solar. Opponents have focused on the amount of
agricultural land involved in the 13,000-acre project, which would include 2,600
acres of solar panels. A group of landowners filed a lawsuit to stop the project,
alleging that the Pulaski County Board of Zoning Appeals’ decision granting a
special exception for the project was improper because the developer’s
application was incomplete. In August 24, 2021, the Indiana trial court ruled in
favor of the petitioners, and, on September 21, 2022, the Indiana Court of
Appeals affirmed.
Tippecanoe County: In 2019, Tippecanoe County Commissioners voted to
prohibit all wind turbines over 140 feet tall in all unincorporated areas of the
County. The measure was also passed at the city-level in Lafayette but not West
Lafayette.
Tipton County: In 2016, a few years after the opening of the divisive Wildcat
Wind Farm, Tipton County amended its wind ordinance to require setbacks of
2,640 from residences and 1,500 feet from property lines.

(Tipton County) Prairie Breeze Wind Farm: Juwi Wind withdrew its proposal to
construct a 150-MW wind farm in 2014 in Tipton County after the County’s
Zoning Board of Appeals restrictions made it essentially impossible to proceed.
Vermillion County: An ordinance adopted in September 2021 requires that wind
turbines be set back 2 miles from property lines and roads. It further limits noise
to 32 dBA at the property line and limits the size of projects in the agricultural
zoning district to 100 MW.
Wabash County: In 2017, Wabash County tightened its restrictions on wind
development, requiring 3,960-foot setbacks from most buildings, zero shadow
flicker on the properties of non-participants, and a 32-dBA limit.
(Warren County) Jordan Creek Wind Energy Center: This 400-
MW project in Benton and Warren Counties began commercial operation in
December 2020 despite having faced intense local opposition. Facebook groups,
such as the Warren County Concerned Citizens, opposed the project, and
residents circulated a petition calling for enhanced setbacks, which cited noise,
vibration, shadow flicker, and the threat of ice being thrown from turbines.
Wayne County: A 2016 ordinance passed by the Wayne County Commissioners
provides that large wind energy systems with a capacity greater than 50 kW or a
total height of more than 100 feet are “not a permitted use.” While the ordinance
sets out a procedure for small wind energy systems to obtain permission as
special exceptions, the ordinance does not appear to provide a similar procedure
for large systems.
Whitley County: Whitley County requires setbacks from property lines equal to
6.5 times the height of the tower or 2,640 feet, whichever is greater.
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