The Decatur County Board of Zoning Appeals met on 8/7/24 at 7:00 pm with approximately 250 attendees.
The meeting began with the approval of the March 6, 2024, and May 1, 2024 meeting minutes.
-BZA Petition 2024-6 Kyle Lowery was approved for a “Variance” from the required 70’ (from the center of the road) front setback to approx. 35’ from the center of the road to build a 30 X 40 building. The request falls under Decatur County Ordinance 945. The property is currently owned by the petitioner and is located at 393 E County Rd 580 N, Greensburg in Clinton Township.
-BZA Petition 2024-2 Franciso Galeano of RWE Clean Energy / Greensburg Solar LLC will present BZA Petition 2024-2 requesting a “Special Exception” to place Commercial Solar Energy Facilities on several parcels. The request falls under Decatur County Ordinance Article 20. The property is currently owned by 15 property owners and is located in Washington & Clinton Township. The project is named Greensburg Solar, LLC.
Francisco began by addressing questions from the March 6, 2024 BZA meeting regarding a 140-megawatt solar project. The project has 1,800 acres under lease, with 920 acres within the fence, and offers 250-foot setbacks from the center of roadways. If approved, construction is planned to start in Q3 2026, with a $250 million investment. Francisco detailed how the project meets or exceeds the Decatur County Comprehensive Plan requirements and fulfills the seven criteria necessary for the special exemption approval.
Francisco assured that the solar panels contain no CdTe, GenX, or PFAS. He highlighted that the project plan was revised based on feedback from property owners and the public, incorporating extensive setbacks and additional vegetative screening. Addressing concerns about soil preservation, Francisco implemented measures to prevent soil disturbance, with Ben Harding emphasizing that no topsoil will leave the sites. Francisco also mentioned plans to work with farmers to plant soybeans and other small crops under the panels, and corn or soybeans between the roadways and fence lines to keep the project out of sight.
Barron Deck & Collin Kennedy came to the stage to discuss the importance of having the ability to graze sheep on the property while the solar panels are in use. They spoke about the importance of being a part of the agrivoltaics process. They said that they would graze sheep from approximately April-September or October depending on the weather. They said they will utilize rotational grazing to ensure that the animals have access to new fresh ground and that their manure is evenly spread throughout the field. Then each area that has been grazed will be allowed to rest for 30-40 days. These gentlemen spoke about the possibility of developing a co-op for agrivoltaics and regenerative agriculture. They presented a study that was conducted and published by the University of Illinois. They spoke about this allowing additional meat and wool to be introduced to our local and regional buyers. They showed a trailer for a documentary that is going to be released soon. They said that they would start out with 2 head per acre and build to 3-4 head per acre. They played a trailer of a future documentary that is coming out which can be found at Solar Grazing Documentary Film – American Solar Grazing Association
Francisco pointed out that most of the project will not need land grading due to technology advancements and the ability to use the farm ground as it is.
Kirkland Appraisals, LLC provided information stating that solar and wind farms do not affect the property values and that homes have sold for their asking prices when sitting next to a farm. He provided an example of how a home that was surrounded by many windmills sold without issue. He has 25 years experience in real estate, experience as a county council member and county commissioner. He spoke about Indiana having 23 million acres of land. From 2010-2022 340,000 acres was lost to residential development. Which is an average of 20,000 acres per year. However, we are seeing an increase in more food being produced in Indiana. This is due to increased yields and advancements in technology. He added that we are not losing food production.
It was stated by a gentleman that was connected via phone named Tony that Solar Panels present no risk to public health. He spoke about what types of materials the solar panels contain, he said glass, aluminum, plastic, small pieces of glass, tiny bits of metal. He added that the solar panels have no liquid that could leak. He spoke about how utilizing solar actually decreases air pollution. An image of a broken solar panel was presented on the screen and it was explained that the outside of the panel is tempered glass much like automotive windows. When it is broken or damaged it cracks, but does not shatter.
Francisco wrapped up his part of the presentation by reiterating that he believes what he has presented and what will be presented by the landowners that all 7 items that must be met they have met or exceed each one.
The landowners took to the podium one at a time and presented. The first landowner stood and said that she supports the project as a landowner. She asked all property owners to stand, and they did. She spoke about who they as a group have worked with RWE to donate to in the community and how they have supported and plan to support the community. The next landowner approached the podium and said that their land will exit the lease in better condition than when it was first entered into. He highlighted that right now our crops are going to energy. 37% of corn crops go to ethanol, 47% of soybean is projected to go to biodiesel.
The next few property owners came forward and stated the solar project will provide diversity and that they want to take an active role in becoming greener. It was mentioned by the landowners that the top priority of the Decatur County Farm Bureau states they support landowner property rights. The last speaker said, “We are good stewards of the land we own.”
Jason Kuchmay, Attorney for the adjacent property owners and representing Decatur County Citizens Stop Industrial Solar & Wind (DCCSISW). He stated that there will be 32 members of DCCSISW that will come up and speak in opposition of the application. He stated that the BZA is tasked with looking at the 7 requirements pertaining to approval of this request and that if even one of those questions or requirements are not met then they must not approve the application. Jason said that RWE had not met all of these requirements and said that this has caused division within families, friends, and neighbors and that it will for years to come. He said that solar projects take away jobs from agriculture based businesses, he spoke about how farmland will cause agriculture businesses to close. Jason said that Kirkland Appraisals may come in and show you great numbers but that they pick which figures to show. He said that it is proven that property values go down around solar and wind farms. Jason said that they leave out the studies that contradict exactly what they are saying.
Jason went on to state that allowing industrial solar projects destroys the rural character that Decatur County is known for. Jason went into detail about how within the County Comprehensive Plan it is strongly worded in opposition to allowing commercial solar. In closing Jason asked the BZA to deny this application.
Bryan Robbins, Economic Development Executive Director, addressed the BZA, stating that his Board of Directors and he have chosen to remain neutral on the solar project, recognizing both its positives and negatives. He presented a report by Baker Tilly, highlighting that residents in Washington and Clinton townships could see a reduction in Real Property Tax if no tax abatement is requested or granted. Robbins shared financial comparisons: current investments yield $1,369 per acre for corn and $975.85 per acre for soybeans, while solar could generate $4,907 per acre. He noted that although this project hasn’t requested abatements yet, most projects eventually do. Robbins also outlined what an Economic Development Agreement might involve and emphasized that any additional tax revenue would be managed by the County Commissioners and Council.
Sheila Kirchoff led the presentation for the Decatur County Citizens Stop Industrial Solar & Wind (DCCSISW) group, starting with a screenshot of the City of Greensburg’s website, highlighting the rural nature of the area. She emphasized that the group isn’t against solar energy but opposes losing fertile farmland for solar projects. Kirchoff questioned why existing structures, like the Cincinnati Zoo’s solar panels over parking lots, couldn’t be used instead. She also raised concerns about the future obsolescence of solar technology, comparing it to how engines replaced horses.
Other members of the DCCSISW group presented additional concerns:
– Industrial solar could reduce agricultural supplies and negatively impact local agriculture.
– Fertile land would be sacrificed, and claims that land would be returned in better condition were seen as insulting to farmers.
– The topic has caused division among families, neighbors, and friends.
– There are doubts about the effectiveness of vegetative screening and transparency from RWE, the company involved.
– Fire risks due to solar panels, particularly access issues for firefighters, were highlighted by two volunteer firemen.
– Potential damage to solar panels from weather could lead to toxic leakage.
– Concerns were raised about solar panels impacting Bald Eagles, and the lack of historical site preservation was mentioned, with arrowheads found on one farm not being reviewed by the DNR.
– Using agricultural land for non-agricultural purposes goes against local plans and ordinances.
– A Purdue University student spoke about the negative impact of solar panels on grass nutrients, affecting grazing animals, and showed evidence of soil degradation from leaving land unused for agriculture.
– Demonstrations were given on the anchors used to install solar panels, which could cause significant soil disturbance when removed.
The group concluded with a plea not to let the solar project “scar” the land, and a member of the audience presented additional signatures from citizens opposing the project to Krista Duvall, the Area Plan Director.
The BZA president said that they had gone past the predetermined end time of 10:00 pm. He said that they had a lot of information given to them this past week and then during the meeting. He stated that they would table this.
*Note: There were several more citizens that signed in to speak that were not able to speak during this hearing. *
