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Delaware County Council considers taking away solar project tax abatements

By Stephanie Wiechmann, IPR News | Published on in Business, Government, Law, Local News
A solar array at Wible Lumber near Avilla, IN (Photo courtesy of Eric Hesher/Renewable Energy Systems)

The Delaware County Council is considering taking away tax abatement agreements given to proposed solar energy projects.  As IPR’s Stephanie Wiechman reports, this comes as a two-year fight over such projects on county farmland could be coming to an end.

In 2021, county officials approved tax abatements for two proposed solar projects in Gaston and Albany.  Since then, coordinated opposition from farmers in the area has brought a years-long moratorium, putting those projects on hold while a new zoning ordinance was discussed.

This month, changes to that ordinance could put in place large setbacks from non-participating properties and restrictions on acreage for these projects.  Council member Ryan Webb says that would change the scope of the solar facilities.  And he wants an update.

“That 500-foot setback – that’s going to change the abatement area that we approved.  Right?  You figure, 500 feet setback all the way around.  That’s going to wipe out a significant portion of this acreage.”

With one member absent, the council unanimously approved Webb’s suggestion that a tax abatement committee review the abatements from two years ago, to see if they should be rescinded.  That process includes hearing from the solar companies themselves.

Kristina Wheeler is an attorney representing Invenergy, the company behind the Meadow Forge solar project.  She says the company will be happy to give an update.  But, she says she doesn’t think there’s a way for the council to legally rescind a previously approved tax abatement.

“The statute just does not contemplate that unless my client has done something wrong.  And I heard a lot of concerns, but I didn’t hear anyone say that Invenergy or Meadow Forge Solar did anything wrong.”

Webb says he believes it’s the council’s right to fix what he calls “a mistake that was made.”  He told those at the meeting he isn’t sure what the outcome will be.

Stephanie Wiechmann is our Managing Editor and “All Things Considered” Host.  Contact her at slwiechmann@bsu.edu.