Conflict with Other regulations
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 sixth and seventh improvement – protecting local control of SES.
While we desire well-regulated solar, the opposition (Citizen Voice of Mason County Inc.) repeatedly states their goal is NO SOLAR. This anti-group was originally called Citizens Voice of Mason County. That earlier group successfully kept wind power out of Mason County when their version of the Wind Energy System (WES) zoning ordinance was adopted. That WES ordinance is full of requirements designed to make developing wind energy uneconomical.
While Solar and Wind would have a dramatically different impact on a community, Citizens Voice is trying to block solar the same way they blocked wind energy.
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The Sept 2020 draft read
414.05 CONFLICT WITH OTHER REGULATIONS
Nothing in this Chapter is intended to preempt other applicable state and federal laws or regulations, including compliance with all Federal Aviation Administration rules and regulations.
Nor are they intended to interfere with, abrogate, or annul any other ordinance, rule, or regulation, statute or other provisions of law. In the event that any provision of these regulations imposes restrictions different from any other ordinance, rule, regulation, statute, or provision of law, the provisions that are more restrictive or that imposes higher standards shall govern
If our amendment to Section 414.03 is accepted, there is no need to name all the local, state, and federal regulations an SES must follow, An SES must follow them ALL.
The last sentence of this section is the true trojan horse. Only someone trying to block all solar would allow local regulations to be usurped only by provisions that are more restrictive or that imposes higher standard than the local regulations.
If our changes are adopted it will read:
Improved version
414.05 CONFLICT WITH OTHER REGULATIONS
Nothing in this Chapter is intended to preempt other applicable state and federal laws or regulations.
Nor are they intended to interfere with, abrogate, or annul any other ordinance, rule, or regulation, statute or other provisions of law.