Huntingburg Moves to Tighten Commercial Solar Restrictions

Commercial solar projects in Huntingburg could soon face stricter scrutiny. 

On Monday night, City Attorney Philip C. Schneider introduced the primary agenda item for the Plan Commission meeting: a proposal to begin the process of amending the text of the UDO for the City of Huntingburg’s Zoning Ordinance. The issue was initiated by the Common Council when they adopted a resolution on December 23 of last year. Schneider said the Council found that “Our UDO fails to address some of the appropriate development standards and protections for public health, safety, and morals that are related to commercial solar systems.” At present, they are allowed in all agricultural districts and public institutional districts. 

The Council’s proposal seeks to require that any commercial solar energy system be a special exception use. Since these enterprises vary widely in use, components, and effects on the public, each request would be considered on an individual basis by the Board of Zoning Appeals. The criteria and standards for evaluating the special use exception for any commercial solar project were presented, which would include public hearings through the BZA. 

The city’s UDO can be amended unilaterally by the Plan Commission or through the Common Council. The Council initiated the proposed amendment through their resolution, referring it to the Plan Commission for investigation and public hearing. After the hearing, the Plan Commission makes a recommendation to the Council, which would then consider an ordinance to accept or reject the suggested action. 

The proposed amendment would amend Chapter 2 of the Zoning Code. It would remove “solar energy systems commercial” from permitted agricultural use and add it to special exception use. It would also apply the same changes to public and institutional districts. 

When asked, Schneider said that it is still undetermined how the amendment could affect entities that have already begun the approval process. The development plan for Crossvine Solar was approved in 2023. Schneider said that the city’s position is that, since Crossvine did not begin timely construction, the plan is void and would require the filing of a new development plan. 

In Indiana, the Vested Rights Statute says that after a development plan has been approved and filed, it will be governed by the statutes in effect at the time of approval. Schneider said that the city’s finding that the plan is now void will enter new territory. If the finding is upheld and they reapply, the Council would most likely determine that Crossvine would need a special use exception. The disagreement between the city and the developer over the plan’s approval status could lead Crossvine to pursue litigation. The Commission was instructed to determine whether the amendment should be passed, regardless of whether or not it affects current applicants. They unanimously voted to approve the Council’s request with Resolution 2026-01. A public hearing was set for Monday, March 30 at 5:30 pm, after which recommendations will be presented to the Council for consideration.  

For more information on these and other updates, visit www.huntingburg-in.gov


- By Drew Hasselbring