Commentary: Elections have consequences. Zoning limits future fighting.

As the community newspaper publisher, I have attempted to share both sides of the Solar Panel Project with our readers.

I get it, there are landowners who have contracted with a company to install solar panels on their property. The terms have been agreed to, and the process to make it happen began back in 2018.

The other side believes these panels are, at a minimum, not attractive and hurt property values; with concerns of potential hazards and unknown effects for long-term projects.

These are the main debates, but there is also a concern if our county officials are doing all they can to protect our community.

Whether it is unsightly industrial uses, chicken houses, or mobile home parks, they are coming and disagreements will happen without a clear zoning plan in place.

But zoning is a nasty word in politics, and in today’s political divide, it could easily be a rallying cry for either party to swing enough votes to win or lose an election.

This project started during the final term of the former Judge-Executive Micheal Hale and has been moving forward since that time.

I can’t find any references of authority that our local Planning Commission has to stop such a project.

The guidelines they are required to follow are pursuant to KRS 100, however, Merchant Electric Generating Facilities must comply with KRS 278.704, which has greater setbacks as set by the state.

It has clear directives to follow regarding notifications, number of meetings, types of Planning Commissions (whether they’re joint like Barren, or multi-county like northern Kentucky, or Urban Metro like Louisville).

There are a few Counties in Kentucky that have zoning or “land use” in their entire county. Barren County does not, the municipalities do, and therefore as a result, the Joint City-County Planning Commission of Barren County cannot dictate the use of the property…by state law, unless they are dividing it for subdivision development and then, they can only dictate the size of lots and roadway design (if they are proposing a new road for development). However, they do dictate land use in the city limits.

Planning Commissions across the state are required to hold Public Hearings (minimum 14-day notice), then state law says if anything arises from the Planning Commission, a 30-day notice must be given.

This project has been in compliance all the way back to 2018, when the initial notice was printed in the now-closed Glasgow Daily Times.

Barren County did not have land use regulations, which would identify the project as a Merchant Electric Generating Facility, so the Planning Commission chose to consider the solar panels to be like all other structures (subject to wind speed, snow loads and other building codes) and this is the reasoning as to why their setbacks from property lines were the same as any other structure in Barren County (shed, home, garage, etc).

Internal pressures from the former Judge-Executive clearly had the commission not go with the state-suggested setbacks, giving the solar company a foothold on their project for less setbacks of 1,000 feet.

This company applied for a variance to setbacks for internal lot lines (only), requested by all parties involved, and that is why there was no public hearing. This meeting was open to the public and published as well.

All planning commission members are required to have 8 continuing education hours, the staff are required to have 16, and a board attorney is in attendance at these meetings.

If you have attended any local meeting with a board attorney, then you understand how their interpretation and advice is valued.

Any references to members of the commission getting benefits or gifts is just not right. Making such a statement is wrong, and if we were to print without follow up, it would be reckless. I have refused numerous attempts.

Judge Jamie Byrd inherited this project just as she did the over budget Justice Center. Few of us are fans of it being turned sideways with a metal barn-styled building being built in front of it, especially knowing it will only house a market for a few months of the year for 8-12 regional farmers for 4 hours a week.

Elections matter!

I’m told the commission’s attorney has advised against trying to stop it since the beginning, and for the new judge-executive and board to try and stop it once the process has started would subject the county to lawsuits. Lawsuits have been filed in other Kentucky counties.

Byrd did, however, introduce and push through a Solar Ordinance this past May mandating setbacks that mirror the state’s suggestions, and this has already stopped another company from touching down in Barren County.

Byrd has self-trained to educate herself regarding this project and this is why she hosted a podcast for the Planning and Zoning Director, Kevin Myatt, and landowner Troy Robertson to come together to give details. Robertson referenced Geenex (the company) taking him to one of their facilities in North Carolina and this is where he got to see a similar operation.

Robertson is a private landowner and has nothing to do with the commission or any government entity. The business relationship he has with the solar company is none of my business.

I have found no indication whatsoever that Byrd, Myatt, or any government official has benefited in any way personally in regard to this project.

My grievances with this commission are that they allowed themselves to be pushed to not follow the state-suggested setbacks. I would certainly question the legal advice they received at that time. In regards to Judge-Executive Byrd, she just needs to come out and say it, “Micheal Hale did this to us and I have made sure it doesn’t happen again.”

In closing, I want to remind everyone that in politics and government, there is a high bar for proving defamation. However, I caution unfounded accusations and humorous videos defaming the 15 private citizens volunteering their time and money for the non-profit Beautify Barren.

Editor’s Note: A first name has been added in the online version of this commentary that was left out in the printed copy of the Barren County Progress on July 23, 2025.