New Solar and Wind Laws went into effect on 10/11/2021

By Peggy Hall, OSU Extension Educational Lawyer

Monday marked the effective date for new laws in Ohio addressing utility-scale solar and wind facilities.  As a result of Senate Bill 52, the new laws expand local involvement in the siting and approval of these facilities, as follows:

  • County commissioners may designate “restricted areas” where such facilities may not locate.
  • County citizens may petition for a referendum to approve or reject restricted area designations.
  • Developers must hold a public meeting overviewing a proposed facility in the county where it would locate.
  • County commissioners may prohibit or limit a proposed wind or solar facility after learning of it at the public meeting.
  • County and township representatives must sit on the Ohio Power Siting Board committee that reviews facility applications.

The new laws also require wind and solar developers to submit decommissioning plans and performance bonds to address the removal of a facility at the end of its lifetime.

To help explain the laws, Eric Romich and I have developed the law bulletins and videos you see below.  We also have a podcast that Amanda Douridas and Elizabeth Hawkins recorded with us.  You’ll find all resources on the Farm Office website at go.osu.edu/energylaw.   Also on that page are the Farmland Owner’s Guide to Solar Leasing and our Solar Leasing Checklist.