§ 8-1-42-10 — Setback requirements; highways, collector roads, and local roads; nonparticipating properties; landscape buffer; height restriction; waiver of setback and buffer requirements with consent of nonparticipating property owner

(a) Subject to subsection (e), and except as
otherwise allowed by IC 36-7-4-1109, a project owner may not install
or locate a CSE system on property in a unit unless the distance,
measured as a straight line, from the nearest outer edge of the CSE
system's solar panels to:
(1) the nearest edge of the right-of-way for any:
(A) federal interstate highway, federal highway, state highway,
or county highway is at least forty (40) feet;
(B) collector road is at least thirty (30) feet; or
(C) local road is at least ten (10) feet; or
(2) the property line of any nonparticipating property is at least
fifty (50) feet.
(b) Subject to subsection (e), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not install or locate a CSE system on
property in a unit unless the distance, measured as a straight line, from
the nearest outer edge of the CSE system's solar panels to the nearest
point on the outer wall of a dwelling located on a nonparticipating
property is at least two hundred fifty (250) feet.
(c) Subject to subsection (e), and except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system within a distance
of two hundred fifty (250) feet, measured as a straight line, from the
nearest outer edge of the CSE system's solar panels to the nearest point
on the outer wall of a dwelling located on a nonparticipating property,
the project owner shall install a landscape buffer in the area between
the nearest outer edge of the CSE system's solar panels and the
nonparticipating property owner's property line that faces the CSE
system's solar panels. The landscape buffer must be:
(1) in a location that is not on the property of the nonparticipating
property owner; and
(2) constructed from such materials;
as set forth in a plan submitted to the unit during the permitting and
approval process for the CSE system.
(d) Except as otherwise allowed by IC 36-7-4-1109, a project owner
may not install or locate a CSE system on property in a unit unless the
height of the CSE system solar panels are not more than twenty-five
(25) feet above ground level when the CSE system's arrays are at full
tilt. However, a permit authority or a unit may not impose a clearance
requirement between the ground and the bottom edge of a CSE system's
solar panels.
(e) The:
(1) distance requirements set forth in subsection (a)(2) and
subsection (b); and
(2) requirement for the installation of a landscape buffer set forth
in subsection (c);
may be waived with respect to the siting of any one (1) CSE system,
subject to the written consent of the owner of each affected
nonparticipating property.

Legislative History

As added by P.L.90-2022, SEC.2.