Simplified Applicability Statement

Approximately forty local landowners, along with other interested citizens who appreciate the potential of well-regulated solar have formed a group we call Limestone Solar.


We have identified 38 changes to improve the JPC’s Sept 2021 draft solar ordinance. These changes are modeled on the KY Model Solar ordinance and the Dec 2020 draft solar ordinance circulated by Judge Pfeffer.

This page discussed only the fifth improvement – using the applicability statement to simplify the entir document.

A single sentence can remove the need to repeat all other regulations that govern an SES.

An SES shall comply with all applicable federal, state, and local laws, regulations, and permitting, and other requirements and applicable building, fire, electrical, and plumbing codes.

This simple sentence removes the need for many of the detailed stipulations made in the Sept 2020 Solar draft. While it will cost less to administer this approach will ensure that Mason County SES regulations conform to current industry requirements rather than those specified when adopted in 2021.

If our three changes to section 414.03 Applicability are adopted it will read:

Improved version

414.03             APPLICABILITY

The provisions of this Section are applicable to those districts which permit SES within Mason County, Kentucky, and governs the siting of SES and related substations, maintenance facilities, and other accessory facilities, as defined, that are ancillary to SES. Any reference to the applicant, owner, operator, or successor is intended to refer to an entity that is a responsible party in terms of being continually required to abide by the provisions of this Chapter and similarly is bound by any agreement entered into with the City of Maysville and/or Mason County.

The following are not subject to this ordinance:

  1. Modification to an existing SES that alone or in combination increases the total SES Footprint by no more than 5% of the original Footprint.
  2. Routine maintenance and repair, including replacement of solar panels, not increasing the SES Footprint.

An SES shall comply with all applicable federal, state, and local laws, regulations, and permitting, and other requirements and applicable building, fire, electrical, and plumbing codes.