Board urged to attend ZBA hearing on proposed solar farms and to avoid expressing positions at hearing

Board members were asked to attend a public Zoning Board of Appeals (ZBA) meeting Tuesday about two proposed solar farms and were cautioned about speaking at ZBA hearings.
Board member Carl Johnson and other members said the solar farm proposals will be discussed at the ZBA meeting on Tuesday, Aug. 26, at 6 p.m. in the county administration building. Johnson urged board members to encourage residents with concerns to attend and testify at ZBA.
Several board members and a long-serving member stressed that county board members should not make position statements at ZBA hearings. One board member noted that comments made at ZBA can create legal complications and may disqualify a member from voting later on county-level decisions; members were advised to “zip the lip” at the ZBA—attend, listen and avoid public position-making—and to consult the State’s Attorney’s Office for guidance on permissible participation and framing of arguments.
Why it matters: ZBA testimony and the five statutory factors used to evaluate special uses and zoning variances form the administrative record that the county board and courts will rely on if proposals are appealed. Board members were reminded that decisions should be based on the record developed at ZBA and that outside communications or statements inconsistent with that record can create legal exposure.
Next steps: The board encouraged members and residents to attend the Aug. 26 ZBA meeting; staff and the State’s Attorney’s Office were offered as resources for members seeking guidance on how to evaluate or frame concerns lawfully. No formal board action was taken.