Daviess County Fiscal Court on Thursday finalized amendments to the county’s zoning ordinance governing solar farms, including adding language to make a previously passed moratorium on wind and solar energy projects legally binding.
The court voted 3-1 to approve the amended ordinance after holding its second reading. Before the final vote, members first unanimously approved incorporating the moratorium into the ordinance and then approved an additional amendment to require 1,000-foot setbacks for solar energy systems, with Commissioner Larry Conder voting no on the setback change.
In February, Fiscal Court passed a 12-month moratorium on applications for wind and solar energy projects, but that action was a resolution, which did not carry the force of law. Thursday’s vote inserted the moratorium language directly into the zoning ordinance, meaning it now legally halts all applications for zone changes, conditional use permits, and development plans related to wind and solar installations until March 1, 2026.
“I know at the last meeting we also had a moratorium that was passed by virtue of a resolution going out that did not carry the force at all,” Judge-Executive Charlie Castlen said. “So I would like to amend this ordinance to include the portions of the resolution that had a moratorium language.”
County Attorney John Burlew read the language into the record, stating that until March 1, 2026, neither the Board of Adjustments nor the Planning and Zoning Commission may accept, process, or approve any applications tied to wind or solar energy developments.
The moratorium and zoning amendments come as local officials respond to a proposed 1,200-acre solar farm in Daviess County by NextEra Energy Resources. The project aims to generate 150 megawatts of renewable energy, though Castlen said company officials have agreed to wait until new regulations are in place before filing an official application.
Castlen previously said he has worked with NextEra to develop portions of the ordinance and emphasized that ongoing dialogue with solar companies will continue. At least one other solar company, named Heelstone Renewable Energy, is exploring a project in Daviess County, though representatives for that company said it’s a much smaller scale than NextEra.
“I propose to both of them that in the coming weeks…we’ll have a work session that will be open to the public,” Castlen said. “I would invite the public to submit questions to us…and we will pose them to either Heelstone or NextEra representatives.”
Residents have voiced concerns about property values, infrastructure impacts, and preserving farmland, which Fiscal Court members cited as key reasons for pausing new solar developments and tightening regulations.
“For me, this has been a frustrating journey, and we’re not through with the journey. I believe we’re only starting,” Castlen said. “But we are making some changes…and I look forward to continued dialogue on this topic going forward.”
Conder voted against the amended ordinance, citing concerns about broader power supply needs and the future of energy infrastructure. He warned that growing demands for electricity could strain resources and that projects like solar farms must be part of long-term solutions.
“By 2030, we will be in dire straits when it comes to power if we don’t build other sources of electricity,” Conder said. “These discussions are not just concentrating on this business model. It’s bigger than that, much bigger than that, and it’s long term.”
Commissioners Chris Castlen and Janie Marksberry both supported the ordinance, saying the regulations aim to balance property rights, protect neighbors, and allow time to study the best path forward.
“It’s necessary to make sure that, as the commissioners and representatives of the public, we do what is what’s best for the future,” Castlen said. “I’m not against solar at all, but when it affects all the neighbors of the area, it’s necessary for us to step back and look at it and make sure we’re using the right processes to do what we’re doing.”
Marksberry added, “I’m a supporter of private property rights, but if those rights start to impede your neighbors, then that gives me pause, and we have to step back and look at what’s happening.”
The updated zoning ordinance also sets standards for large-scale solar projects, known as Level 3 Solar Energy Systems. Those include 1,000-foot setbacks from property lines, residences, and county parks. Also included are screening requirements, such as an 8-foot fence and double row of pine trees along public rights-of-way and adjacent properties, with barbed wire and sharp-pointed fences prohibited.
With the moratorium now formally in effect, Fiscal Court plans to use the next year to research, gather public input, and potentially refine the zoning regulations before applications are considered.
