The Owensboro Times
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By Ryan Richardson
October 9, 2026 | 12:15 am
Updated October 8, 2026 | 11:16 pm
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Daviess County Fiscal Court approved two ordinances Thursday establishing new restrictions on large-scale solar energy projects, including limits on acreage, increased setbacks, and stricter financial requirements intended to protect neighboring properties and taxpayers.
The solar ordinances, developed over more than a year of discussions involving county officials, planning and zoning staff, and residents, address both where large-scale energy facilities can be built and what developers must do to protect surrounding properties, farmland, and public infrastructure.
Judge-Executive Charlie Castlen said the county’s goal was not to prohibit solar development entirely, but to establish safeguards for the community.
“We were asked at the very beginning to just ban industrial solar farms,” Castlen said during Thursday’s meeting. “We cannot do an absolute ban. What we can do is put in restrictions that are protective of our community, and that’s what we’ve tried to do.”
One ordinance amends Articles 8 and 14 of the Owensboro Metropolitan Zoning Ordinance, incorporating recommendations approved unanimously by the Owensboro Metropolitan Planning Commission on Aug. 13.
The amendments establish several restrictions on large-scale solar developments and merchant electric generating facilities, including:
The 300-acre limit applies to the primary project development area and does not include the required buffer areas, meaning the total land associated with a project could be larger.
The zoning changes also broaden the terminology previously used for large solar energy systems to include merchant electric generating facilities, which can encompass other forms of electric generation.
The second ordinance establishes a separate set of county regulations addressing construction, operations, environmental protections, and the eventual removal of solar facilities.
Castlen previously explained that the county worked with a group of residents who researched regulations in other communities and submitted recommendations. Some were incorporated into the zoning amendments, while others were placed in the separate county ordinance.
“Among the additional requirements are transportation plans, road use agreements, stormwater management measures, and financial guarantees to cover potential road damage and restoration costs.”
Developers must provide an irrevocable letter of credit or escrow account sufficient to cover potential road repairs during construction, operation, and decommissioning. The amount would be determined by the county engineer and could be adjusted as costs change.
Projects must also include plans to protect agricultural land, minimize soil compaction, control erosion, and restore affected property after operations end.
The ordinance requires quarterly water quality testing at applicable discharge points, along with fire prevention and emergency response plans developed in coordination with local agencies.
Developers would be responsible for the costs of necessary fire protection equipment and annual training for emergency responders.
Under the new regulations, decommissioning plans must be updated every three years, with financial assurances intended to cover the cost of removing equipment and restoring the property if a developer fails to fulfill its obligations.
Although both solar ordinances passed, the zoning amendments did not receive unanimous support.
Commissioner Chris Castlen voted against the zoning changes, saying he believes additional work is necessary before he can support them. He voted in favor of the separate county regulations.
Chris Castlen thanked the residents, planning and zoning staff, and county officials who contributed to the process, saying the regulations should balance property owners’ rights with protections for their neighbors.
“I think this shows it’s important that we have the guidelines that we approve that not only protect the rights of the property owners but also protect the neighbors’ rights and the overall beauty and practicality of our countryside and the farms that we have,” he said.
He described the ordinances as a good start but said more work was needed on the zoning amendments.
October 9, 2026 | 12:15 am
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