EDP Renewables Variance Request Tabled, County to Review Easement Policy

County commissioners on Nov. 3 postponed action on a subdivision variance request from EDP Renewables that would remove a 20 foot public utility easement from the perimeter of a 15 acre parcel. The parcel is planned to be split into a solar park lot and a storage lot, and the company says infrastructure will serve both parcels while allowing a Dubois REMC connection to a substation.

Atlee Richards, a project developer for EDP Renewables, told the board the company has granted an electrical easement from Lot 2 to Lot 1 to accommodate the utility connection. Richards also said Lot 1 is not traversed by a watercourse and that a detention basin is being constructed on Lot 2 to address stormwater needs.

County staff and the county engineer reviewed the subdivision file and concluded the perimeter public utility easement requirement in the subdivision ordinance was not met. The subdivision review committee recommended further review because this is an electrical subdivision rather than a residential subdivision. As part of the subdivision review, that requirement was not met, county staff said. The county engineer recommended tabling the request to allow staff and the subdivision review committee to examine broader implications and related documents.

The commissioners agreed to table the variance request and scheduled it for further consideration at their Nov. 17 meeting. The board did not deny or approve the variance on Nov. 3. The request remains pending, and staff and the subdivision review committee will gather additional documentation. The applicant may participate by phone at the Nov. 17 meeting.

The request is tied to an EDP Renewables electrical, solar and battery related subdivision, and the outcome carries implications for Dubois County beyond this single parcel. A decision to waive a perimeter public utility easement could set a precedent for how easements are handled around future utility scale energy projects. It also bears on the county policy for public utility easements, infrastructure siting, and the level of community oversight over projects that change the landscape and local grid connections.

For residents of Dubois County, the process is a reminder that renewable energy projects involve zoning, engineering and regulatory steps at the local level. The additional review gives county officials more time to assess technical documents and legal implications and offers residents a clearer record of how the county balances infrastructure needs with subdivision standards. The matter will return to the Board of Commissioners on Nov. 17 for further consideration.