Update on Siting Utility-Scale Renewable Projects in Ohio

Update on Siting Utility-Scale Renewable Projects in Ohio
Status of Township and County Utilization of Rights Under S. B. 52

In 2021, Ohio adopted S. B. 52 (codified at O. R. C. §303.57 to .62) which authorized counties to regulate the siting of “large” utility scale solar facilities and wind farms. Siting authority was previously reserved for the Ohio Power Siting Board. Since the effective date of the law, many Ohio counties and municipalities have been evaluating their communities to consider imposing restrictions on development of large solar and wind projects within their jurisdiction. To date, several counties have passed resolutions restricting development of large scale projects. Most recently, Marion County in central Ohio added additional acreage to its list of lands within the county that is no longer open to project developers. Meanwhile, Clark County in western Ohio has decided not to preemptively restrict acreage from development, but will evaluate proposed projects on a case-by-case basis. Columbiana County set a public hearing in mid-February to consider restricting development of large renewable energy projects within unincorporated areas of Fairfield, Franklin, Perry and West townships.  We will continue to monitor this development as it regards the feasibility of siting utility scale renewable energy projects throughout Ohio.

If you would like additional information about leasing of state-owned minerals in Ohio, please contact Christopher Hall at 412-275-5613 or chall@atenciohall.com.

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