Huntingburg taking steps to regulate commercial solar power projects

The Huntingburg Planning Commission unanimously approved a resolution to begin amending the city’s Unified Development Ordinance to require commercial solar energy systems to obtain special exception approval rather than be permitted by right.

Under current regulations, commercial solar energy systems are permitted uses in agricultural districts and public institutional districts. The proposed amendment would require these projects to seek special exception approval from the Board of Zoning Appeals following a public hearing.

The City Attorney, Phil Schneider, explained that making commercial solar a special exception use would give the Board of Zoning Appeals the opportunity to evaluate each project individually against specific standards. The board would need to determine that projects will not be detrimental to public health, safety or welfare, will not injure neighboring properties, and will not impede the normal development of surrounding areas.

“The Board of Zoning Appeals have to make an affirmative decision for each of these before the special use would be allowed,” Schneider said during the meeting.

The amendment would affect both agricultural and public institutional zoning districts within the city limits and extraterritorial jurisdiction area. However, it would not impact accessory solar installations used by private businesses or residents for their own energy needs on their premises.

The proposed change creates uncertainty for a portion of at least one pending solar project. The Crossvine Solar project received development plan approval in 2023, but the city maintains that the company did not begin construction in a timely manner, rendering its approval void. The developer needs to resubmit their application, potentially under the new special exception requirements if the amendment is adopted.

Indiana’s vested rights statute typically protects developers who file completed applications from future regulatory changes, but the legal implications remain unclear when a development plan lapses and must be resubmitted. Schneider explained that he hadn’t been able to find a court case that set a precedent for this situation.

He acknowledged potential litigation over whether new rules would apply to resubmitted applications, but emphasized this should not influence the commission’s decision on the merits of the proposed amendment.

“I think the important thing tonight is to determine whether or not this is something that should be changed,” Schneider said.

The construction of a Battery Energy Storage System in connection with the Crossvine Solar project has sparked opposition from local officials and residents. Though it would not fall under the city’s UDO’s jurisdiction because it is outside the extraterritorial jurisdiction, the amendment would affect future similar systems in that jurisdiction.

The commission initially planned to hold the required public hearing on March 23, 2026, but rescheduled it to March 30, 2026, at 5:30 p.m. to ensure key members could attend.

Following the public hearing, the Planning Commission will make its recommendation to the Common Council. The council must then consider an ordinance either accepting or rejecting the commission’s recommendation.

The March 30 public hearing will provide an opportunity for community members to comment on the proposed zoning amendment before the Planning Commission makes its final recommendation to the Common Council.