Montgomery County, IN — Solar Development Risk Assessment

No Moratorium

None codified. No county-specific setbacks adopted.

Montgomery County Area Plan Commission (APC): CUP or Improvement Location Permit (ILP) in Agricultural district.

Cautious/neutral — Crawfordsville area; county Board moderately cautious; limited organized opposition; moderate pipeline

County incentive framing; BZA vote history

Stable

Local permit: Special Exception (SE) in A-1 Agricultural zoning via county Board of Zoning Appeals (BZA); some counties use two-step process (Plan Commission recommendation + BZA approval). BZA SE is the standard county-level pathway for all utility-scale solar. IURC CPCN: Indiana Code §8-1-8.5 — IURC Certificate of Public Convenience & Necessity (Cause No.) required for generating facilities >80 MW; process runs parallel to county BZA SE and does not replace it. IURC approval does NOT override a county BZA denial except where federal jurisdiction applies (see Mammoth Solar / Pulaski County precedent, 2023). IC 36-7-4: Indiana Code §36-7-4 limits how restrictive county ordinances can be for solar; basis for developer preemption litigation against overly restrictive ordinances (Randolph County 2024 litigation pending). SB 411 (2022): Voluntary 'solar-ready county' designation for counties meeting solar-friendly siting standards. SB 390 (2023): $1/MWh financial incentive for solar-ready counties.

Indiana Renewable Energy law (IURC): no Renewable Portfolio Standard — Indiana repealed its RPS (HB 1271, effective 2023). Net metering: available for ≤1 MW retail customer generation (IURC regulated utilities); Indiana Michigan Power (AEP), Duke Energy Indiana, Vectren/CenterPoint, NIPSCO offer programs. IURC CPCN: required for generating facilities ≥80 MW. HEA 1381 (2022): counties retain siting authority for solar in unincorporated areas. No state cash incentive program for solar. Utility: Duke Energy Indiana serves central/eastern IN; NIPSCO (NiSource) serves NW IN (Cook/Lake/Porter); Indiana Michigan Power (AEP) serves northeastern IN; Vectren/CenterPoint serves SW IN; REMC cooperatives serve rural areas.

ENGIE North America | 200 MW | 1,800 acres | 19 parcels in Madison and Union townships | ~$300 million investment; ~250 construction jobs; $20M+ lifetime tax revenue. Plan Commission voted 6-2 UNFAVORABLE recommendation to Board of Commissioners (March 2026 hearing). Commission found request: inconsistent with comprehensive plan, inconsistent with character of area, inconsistent with most desirable use for which land is adapted. Final decision by Board of Commissioners at future public hearing (still pending as of Mar 2026). Source: Journal Review journalreview.com ~2 weeks ago (Mar 2026)

UNFAVORABLE RECOMMENDATION: Plan Commission 6-2 unfavorable vote for ENGIE 200 MW/1,800-acre rezoning. Stated reasons: inconsistent with comprehensive plan, agricultural character, and land suitability. Board of Commissioners makes final decision — not yet taken (as of Mar 2026). Source: Journal Review journalreview.com Mar 2026