Porter County, IN — Solar Development Risk Assessment

No Moratorium

None codified. No county-specific setbacks adopted.

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

Cautious/mixed

Mixed-partisan Commissioners; NW Indiana suburban fringe; NIPSCO territory; limited utility-scale pipeline; suburban constraints dominate

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Indiana Renewable Energy law (IURC): no Renewable Portfolio Standard — Indiana repealed its RPS (HB 1271, effective 2023).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.

Malden Solar (NextEra Energy Resources) | large-scale | Application REJECTED as incomplete Aug 2023. Development Director Bob Thompson: application failed to contain all information required by repealed Porter County Ordinance No. 20-11 and Unified Development Ordinance. Commissioner Biggs learned of proposal more than a year after ordinance was approved — said it was "absolutely inexcusable." County commissioners had previously repealed the 2020 solar ordinance in April 2023. NextEra options: appeal to BZA, apply for variance, or reapply once new ordinance is in place. Source: Lakeshore Public Media lakeshorepublicmedia.org Aug 22 2023

REJECTED INCOMPLETE: Malden Solar (NextEra) application rejected as incomplete August 2023. County had repealed prior 2020 solar ordinance in April 2023, creating regulatory void. Strong resident opposition throughout process; Commissioner Biggs blindsided by application. Source: Lakeshore Public Media Aug 22 2023