Montgomery County Commissioners voted 3-0 Monday to deny Copper Box Solar’s petition to rezone more than 2,600 acres of agricultural land to agricultural overlay.
The decision comes after the Montgomery County Advisory Plan Commission gave the project its second unfavorable recommendation in August, voting 6-2 against the petition.
The petition sought to rezone 17 parcels in southern Madison Township and northern Union Township from agricultural to agricultural overlay. Copper Box Solar intended to develop a commercial solar energy system across approximately 2,620 acres, with up to 825 acres containing solar panels or related equipment.
The company withdrew its original petition after receiving an unfavorable 6-2 recommendation from the plan commission in March. Project representatives said they made changes based on feedback from residents, including increased setbacks, vegetative buffers and moving the project substation farther from homes.
Tom Schoder, lead project manager for Copper Box Solar, said the company believed the revised project addressed concerns raised during the process.
The project would have generated an estimated $45 million in taxes over its approximately 30-year lifespan, according to Copper Box Solar. The company also proposed a $1 million economic development payment to the county when construction began and said it was not seeking a tax abatement.
Schoder said the project would put enough electricity onto the grid to power about 35,000 homes and would bring about 200 jobs to the area during construction.
Several residents spoke against the project, raising concerns about property values, farmland, fires, wildlife and the long-term effects of removing agricultural land from production.
Brian Sillery of Ladoga said his main concerns were safety and economic devaluation, including questions about groundwater, fires and who would pay to reclaim the land after the project ended.
“Once you allow the first solar field in, you’ll not be able to stop the next,” Sillery said.
Nancy Grimes, a farm owner, was concerned about losing productive farmland and the potential effects on water tables, wildlife and nearby property owners. She also raised concerns about the ability of local fire departments to respond to a solar fire.
Shari McCullough, who owns the 83-acre Lye Creek Prairie Burn nature preserve, focused much of her opposition on the potential effects of the project on birds and wildlife.
McCullough has spent years restoring native prairie and wetland habitat at the preserve, which provides habitat for birds,
pollinators and other wildlife. She said the surrounding farmland is also part of the landscape those species depend on.
“Species such as Sandhill Cranes and American Golden Plovers depend on open farmland and recently harvested fields to find food,” McCullough said. “These fields are not empty spaces between natural areas. They are part of the landscape these birds depend on during migration.”
She also raised concerns about the amount of fencing proposed for the project. According to the decommissioning paperwork she cited, Copper Box lists 95,056 linear feet of fencing, or about 18 miles.
“Wildlife doesn’t recognize property lines or project boundaries,” McCullough said. “That is not simply a visual change. It changes how wildlife can actually move through and use the land.”
McCullough also questioned how the large concentration of solar panels could affect the environment around her preserve, including concerns about temperature, nesting birds, insects and pollinators.
Others spoke in favor of the project, citing renewable energy, property rights, potential economic benefits and the ability to continue agricultural uses around the solar panels.
On of those in favor of the project, Karen Thada, questioned the commissioners about what they considered important in making the rezoning decision.
“Is it preserving the agricultural nature of Montgomery County?” Thada asked. “Because a solar farm can do that.”
Thada argued that solar panels can provide another use for agricultural land while allowing the land to return to production after the project ends. She also said native plants under the panels could conserve soil, reduce runoff and pesticide use and provide habitat for insects, birds and other animals.
She also questioned whether the county should prioritize clean energy and economic development, specifically to potential changes in the near future with local government and school funding.
Thada also argued tax revenue from the project could help replace some lost revenue and potentially attract industries interested in locating where renewable energy is available.
Copper Box Solar also brought Paul Wyman of Wyman Group Real Estate to speak about property values. Wyman said he has studied property values around wind and solar projects in other Indiana counties and said his studies showed no impact on property values in those areas.
The commissioners ultimately cited the county’s comprehensive plan as a primary reason for denying the petition.
Commissioner Jim Fulwider said the plan makes it clear that the proposed use is not desirable in Montgomery County.
Commissioner Dan Guard said rezoning the land would substantially change the character of the area and raised concerns about property values.
“The rezoning of the 2,600 acres I feel definitely substantially and adversely changes the current conditions of the character of structures in the use area compared to being consistent with row crop,” Guard said.
Guard said the decision was difficult, he and other commissioners lost sleep over it.
“If I’m wrong one way, we can always go right back to what we’re doing,” Guard said. “If I’m wrong the other way, it’s monumental in the impacts. It would take years and years, in my opinion, to recover.”
Commissioner Jake Bohlander questioned the economic benefits of the project, saying the county’s levy structure means an increase in assessed value does not translate dollar-for-dollar into new tax revenue.
He also raised concerns about setting a precedent for future projects.
“If we say yes to this project, I’m aware of four other projects that have options to potentially go into the county,” Bohlander said. “If we say yes to one, how do you not say yes to all of them?”
Guard’s motion to deny the petition cited several parts of the comprehensive plan, including its goal of preserving farmland and discouraging undesirable development of large industrial solar farms.
The motion also stated that the proposed rezoning was inconsistent with the county’s rural character and agricultural assets and that statements from nearby landowners supported the conclusion that the project would not conserve property values.
Following the vote, Schoder said Copper Box Solar was disappointed with the decision.
“We feel like we put forth a materially improved project throughout this process, listening to the community feedback,” Schoder said. “Unfortunately, we just think this is a missed opportunity for the county to get significant economic development.”
Copper Box Solar did not comment on whether it plans to pursue the project again. Under county rules, a rezoning request for the same property generally cannot be considered again for 12 months after a denial unless there is a substantial change to the proposed rezoning.
