Commissioners advance limited zoning proposal as moratorium expiration approaches

The Dubois County Board of Commissioners voted Monday, Sept. 21, at its regular meeting to move forward with a $28,000 contract with consulting firm American Structurepoint to draft a limited zoning ordinance covering large-scale developments — solar, battery storage, data centers and wind — in the county’s unincorporated areas.

The vote doesn’t adopt zoning. It authorizes American Structurepoint to draft a “zoning light” ordinance the commissioners could later vote to adopt, before the county’s existing solar moratorium expires. The contract is contingent on the county council approving $35,000 in additional funding — a 25% buffer above the $28,000 quote — at its Sept. 28 meeting.

Philip Roth, the American Structurepoint consultant leading the county’s comprehensive plan process, told the board the proposal grew out of months of public input.

“Two of the main themes are that the residents of the county want to see the economic significance of the county, its role as a regional economic center, to be maintained to make sure that the county is positioned for growth and development and advancing quality of life,” Roth told commissioners. “But also making sure that the county’s rural assets, the rural character, rural quality of life is maintained and preserved.”

Borrowing a line from The Princess Bride about rodents of unusual size, Roth explained that residents are concerned about developments of unusual size. Roth used the label to describe alternative energy developments being installed over acres of farmland, as well as potential data centers and other installations.

“These are all very large developments that have impacts that go significantly beyond the properties on which they are actually physically located,” he said.

Roth explained the county has no clear authority to regulate large developments countywide without a zoning ordinance, and the solar moratorium the county enacted in January cannot be extended.

Roth said American Structurepoint has spoken separately with representatives of alternative energy companies and with citizens concerned about those developments as part of the process. Energy representatives, he said, want clear, identifiable standards set out in advance, and argue that solar, wind, data centers and battery storage each have different characteristics and should be regulated differently. Citizens raised concerns about what those standards should be, but focused more on notification — wanting advance notice of what’s being proposed and where, so they have time to prepare.

Roth said they’ve taken the input and are proposing an ordinance that would, in effect, be “zoning light.” He said they would have the ordinance ready for the commissioners and council to consider and pass before the moratorium expires.

American Structurepoint’s proposal creates two zoning districts for unincorporated Dubois County: one for agricultural land, one for small unincorporated communities such as Dubois that fall outside Jasper, Huntingburg and Ferdinand’s planning jurisdictions. It would not apply to homes, farms or ordinary business activity — only to large-impact developments, plus public notification requirements for those projects. Administering it would require a new advisory plan commission, which Roth said would not override the three cities’ existing zoning authority.

“The idea is to keep the application of the zoning ordinance very limited to a specific set of uses,” Roth said.

Creating the zoning would require a planning commission and a zoning appeals commission, but Roth said the type of zoning ordinance they are proposing would not be too administratively burdensome.

“I want to emphasize…the county representatives that we’ve been working with have done a lot of soul searching,” Roth said about the proposal. “This is not something that is being entered into lightly, but rather it’s a recognition that these developments have an impact that could possibly inhibit surrounding property owners’ enjoyment of their own property.”

Board members raised concerns about “zoning creep” — the ordinance quietly expanding to cover more than large developments over time. Commissioner Nick Hostetter asked whether standards could creep once complaints start coming in. Roth pointed to Daviess and Jay counties as examples of Indiana counties that have kept similar “light touch” ordinances simple.

Commissioner Chad Blessinger admitted that would be up to the commissioners and council.

The commission also discussed whether to fold the county’s subdivision ordinance—last revised in 2018—into the new zoning ordinance, but did not make a formal decision.

During public comment, Holland Town Council member John Kaltenbacher praised the board’s effort but warned about a timing gap: if the moratorium expires before the new ordinance is adopted, solar developers in the county’s southeast corner — where some land already has solar-related land use — could submit project applications before any new rules are in place.

In moving to approve the contract, Commissioner Chad Blessinger, leading the discussion, referenced Kaltenbacher’s concern directly, saying the board intends to have the ordinance in place “before there’s a gap.”

“Due to limited time frames, I think we need to stay focused on protecting citizens from the large-scale disruptive projects,” said Blessinger. “I think we’ve learned a lot over the last couple of years, and I think this would give more thought to non-participating owners in the county.”

He said he understood and agreed with limiting government input into what property owners can do on their property.

“But what we found is what I do on my property doesn’t just necessarily stop at my fence line,” he said.

The board voted unanimously to approve signing the proposal letter and contract with American Structurepoint, contingent on county council funding approval on Sept. 28.