Solar farm moratorium extended by county commission to March 2027 for further analysis

By: Carolyn G. Rhea,

Staff Writer

   The Fayette County Commission met on Tuesday, Sept. 23, 2025, with all 19 members present. A large number of residents were in attendance to hear about the solar farm regulations amendments and for the public hearing.

    County planner Jim Atkinson went over the changes suggested in the solar regulations but stated that there are no applications now for solar farms. There is a moratorium on them right now that ends Sept. 30. We are talking about regulations only tonight. He said a year or so ago we had a lot of interest from solar companies, about 10 or so. We thought this was the time to look at our regulations. Currently the county commission is not involved and it’s generally reviewed by the Fayette County Board of Zoning Appeals (BZA). If a solar company met all the requirements, they would be approved. The solar farm committee’s first question was can a solar farm be prohibited in the county and legal research stated no, this is a protected utility. Atkinson said we do have the ability to provide reasonable regulations.

   He stated the changes suggested tonight are more restrictive. First a rezoning would be required on the front end by having it in a special activity district with some criteria and heard by the county commission. We want residents to be more protected with a solar farm near their home. Setbacks are increased, the distance from TVA lines being decreased, not being located in a flood zone, etc.

    Questions were taken from the county commissioners. Atkinson was asked were there public meetings at these meetings and he replied they were mostly at the solar farm committee meetings and the county planning commission meeting. Commissioner Ed Allen asked about drainage and erosion control concerns. Atkinson said the BZA would look at the site plan on drainage after it is rezoned and we may need an engineer to look at this. Allen asked what if the engineer objects with the plan and Atkinson said the BZA would not approve it if it’s not signed off. Commissioner Terry Leggett asked is an environmental study required and Atkinson said not specifically but the county can require one.

Commissioner Mike Reeves stated we need some really tight guidelines.  Local residents are concerned and if this affects local wildlife and runoff to neighbors and affecting the community, we would not approve it. We need to know the criteria so we know what we are approving. If the land is rezoned for solar, how long is the approval and timeline or it is null and void and was told it’s usually a one-year timeline.

Public Hearing

County Mayor Skip Taylor opened up the public hearing and first was Nancy Boatwright. She is representing the organization Protect our Aquifer and they support the new regulations that have good setbacks and landscaping with native plants and flood plain restrictions.

    Terry Duke of Canadaville Loop stated he has looked at the solar farm at the county landfill and it’s quite shocking. You can’t walk between the rows because trees are growing between the panels. There is no sign restriction on the chain link fence. This is located only 120 feet from the gate going into the landfill and you get to immediately look at this eyesore. Duke checked with a real estate agent on what does this do to land values and was told it’s at least a minimum 15 percent reduction in value. He asked can we go ahead and ask the county property assessor for a 15 percent reduction in our property taxes and the audience applauded.

Next was Alexander Forbes who was going to speak on the environmental impact. But when he stated he was from Chicago and was with Invenergy who is building the Yum Yum Solar, he was asked to wait until the commission discusses this.

Bob Hendry of Moscow said I’m for having more strict regulations and there should be prohibitions on placing them on any arable farmland. Our most precious asset is the ability to grow food and the audience applauded this. He said in warehousing facilities in Shelby and DeSoto counties there is roof space to install solar panels there and is a better way to do it.

   Randy Davis of Rossville said I agree with stiffer regulations. But they don’t include having a daily inspector when the construction is being done when most contamination happens. Also we need solar experts for this, not local code enforcement officers. He asked the commission to please extend the moratorium and send the regulations back to the planning commission. We also need to have a town hall meeting on this.

   Next was Mr. Joyner, who lives on Payne Road where land has been surveyed across the road for a solar field. There is an 800-acre tract and another 1000 acres down the street. He has been coming to these meetings the past year. He feels the language is too vague and asked is the county ready to fight infractions in federal court. A solar company can sell their rights in two or three years and you may not know who to enforce the regulations against. Joyner asked the audience to silently raise your hand if you are against these solar panels and all hands were raised. He stated in a republic we vote for people to represent our views, our values and our needs and you have seen the community and its voice. This was also applauded by the residents.

    Connie Chadwick of Clay Pond Drive spoke next, saying I think you need to vote no and have more precise language added to this. The Payne Road project is in my back yard. You should vote no and extend the moratorium 12 to 18 months to give more time for the correct regulations needed.

Curtis Phillipe of Seward Drive said he works in agriculture and with farmers who have discussed this issue and these solar contracts are incredibly tricky. If you do this, that land is done and will be poisoned. When it comes to cleaning up, that company may not be around. Good luck finding the LLC within the LLC.

The last speaker was Andrew Maybe of Grove Road who stated we live close to the existing solar farm on Hwy 196 and are a half mile from the proposed one at Macon. He asked how much of our rural land are we prepared to surrender to solar development. You didn’t suffer through the constant pounding until 10 or 11 at night when that solar farm was built. We don’t have a noise ordinance in our county. Also dozens of deer and a lake full of beavers have been displaced. I encourage you to vote this down and have a 12-to-18-month moratorium extension.

When the public hearing was closed, Commissioner Claude Oglesby had a prepared resolution to present. Mayor Taylor was asked what legal ramifications would be if we extend the moratorium. He replied we have to be addressing it and changing the rules and working in the best interests of Fayette County to have the moratorium. If we just extended and not do something, that would be against the law because we can’t deny a solar farm but we can regulate.

   Oglesby’s resolution stated this resolution is to extend the moratorium on solar farm applications so a study can be applied to current regulations. The recommendations add needed safeguards but does not address entirely the criteria for scoring solar farm application requests and the solar farm regulation review committee on the use of the scoring system to guide the acceptance of an application. This submission should be defined and included in the amendment. Second, the battery storage analysis is included in the regulations and needs further analysis to determine what criteria should be used to evaluate a request for storage. Third is the residential solar exception. The installation of solar panels on a residential unit allows energy generation but an analysis has not been performed as what level regulations should exempt residential users.

The resolution stated the county commission directs the planning commission and the solar farm regulations review committee to review the criteria for scoring solar farm application requests, battery storage analysis and residential solar exceptions and to extend the moratorium to Sept. 30, 2026, for study and analysis. The commission will postpone the current recommendations until items have been adequately addressed and the moratorium is ended. This was seconded by Leggett.

In discussion, Commissioner Stephen Laskoski asked can this be changed to 2027 because I don’t think 12 months is enough time. Mayor Taylor said I think they may be overreaching and after a year, it can be extended then. Commissioner Tim Goodroe said we do have an election next year and we will have new members possibly. He asked to add an additional 6 months which would be March 30, 2027. Commissioner Betsy Rice then asked can we add the possibility of making other changes also. Laskoski asked can we also have the public more involved. These suggestions were added to the motion by Oglesby, seconded by Leggett. A roll call vote was requested and it passed unanimously by all 19 members. The audience applauded the motion.

Board of Education

Dr. Don McPherson, director of schools, thanked Rep. Ron Gant for meeting with him and others in Nashville and with the state department officials. We are the only school system with a 60-year-old consent order. We are trying to trim our budget. He thanked Sheriff Bobby Riles for providing a random drug search at no cost for them. Two schools, Fayette-Ware and Oakland Elementary, have scored Level 3 in tests. Buckley-Carpenter went to a Level 5 school and East Junior High went from a Level 1 to a Level 5 school.

Trustee Report

Fayette County Trustee Charles McNab reported the county earned $205,000 in interest last month. He held a tax sale today and 11 properties were sold. Also, the county tax bills are prepared by the state and will be available soon.

Committee Reports

The commission went over their committee meetings for September. In the Development Committee, Chairman Robert Sills brought up the community mobility plan. Mayor Taylor explained this is a grant we applied for on transportation, particularly in the north part of the county due to Blue Oval. Sills made the motion to approve the grant. Commissioner Mike Reeves asked why would we apply for this grant that implements DEI and includes climate change and favors disadvantaged communities. This initiative has been cancelled by the Trump administration so I can’t support this document and asked for a roll call vote. Commissioner Allen agreed that he is not supporting this either.

Voting yes were Crislip and Perkins. Voting no were Allen, Canady, Goodroe, Laskoski, Leggett, Moore, Oglesby, Mike Reeves, Steve Reeves, Rhea, Rice, Salmon, Seals, Sills, Watkins, Webb, and Wiggins. Perkins and Crislip changed their vote to no and it was denied unanimously.

   Health & Welfare Committee Chairman Goodroe gave their report. Two new ambulances have been put into service. A landfill customer, Right Choice Sanitation, has not paid their bill for several years and the committee voted to write off this bill as a bad debt and to file a lawsuit for collection. They discussed for Solid Waste a lease for a new machine for a total cost of $858,180, an existing reconditioned compactor in Michigan – cost is $322,320 delivered; and an existing machine that needs reconditioning in Kansas for an estimated $385,679. The committee voted to send this to Budget for consideration. Also discussed is a secondary Opioid settlement for the county and to make a $1000 donation to Drug Free Fayette.

    Public Safety Committee Chairman Betsy Rice stated they reviewed the Sheriff and Fire Department reports. We are housing some Shelby County prisoners this month due to their overcrowding. Sheriff Bobby Riles requested a standard charge for events that are outside a deputy’s normal duties at $60 per hour per deputy. Also the general sessions clerk has requested to use funds for a new computer.

Budget Committee

Interested county residents flooded the county commission meeting last week to ask that the solar farm moratorium be extended for more discussion.Budget Chairman Steve Reeves brought up several budget amendments. The commission approved the Solid Waste vendor cutoff and lawsuit; the Opioid settlement; the donation to Drug Free Fayette, the Sheriff’s deputy event fee; the computer purchase for the court; an archive grant for storage at $8,449, and a reimbursement for fire department training from the Industrial Development Board. The Budget Committee tabled the Solid Waste equipment until next month.

   Last is to have someone collect all the animal shelter fees at the Sheriff’s department and this was approved. Mayor Taylor said the Comptroller’s office called and stated that the county did not adopt the final budget. He asked the commission to adopt this so he can send it to the Comptroller tmorrow. This was passed and the meeting was adjourned.