Sullivan County Indiana — No Local Zoning
Sullivan County, Indiana operates without a local comprehensive zoning ordinance for most of its unincorporated townships, including Fairbanks Township, where multiple large energy projects are proposed or under development.
Confirmed in Public Records
The following IURC proceedings each independently confirmed that Sullivan County has no local zoning requirements applicable to the project sites:
| Cause No. | Project | Confirmation in Record |
|---|---|---|
| 45539 | Trade Post Solar (Invenergy) | Petition April 30, 2021 — stated no local zoning approval required |
| 46266 | Sullivan County Power Facility (Deriva Energy) | Order Oct. 8, 2025 — confirmed no local zoning requirements |
| 46295 | Sycamore Riverside Energy Center (Invenergy) | Order Dec. 30, 2025 — confirmed no applicable local zoning |
| 46344 | Maple Creek Energy II (ArcLight) | Petitioner statement — Fairbanks Township unincorporated, no local zoning |
What No Local Zoning Means
- Energy developers do not need a local zoning permit or variance in most of Sullivan County’s unincorporated areas
- Projects still require: IDEM environmental permits; IURC declination-of-jurisdiction proceedings; road use agreements with the county highway department; federal permits (FERC, PJM/MISO interconnection)
- Economic development agreements with the county may be required as IURC conditions, even without zoning
The Decommissioning Implication
The OUCC has cited the absence of local zoning as a reason to require decommissioning financial assurance through the IURC process rather than through local ordinance. The IURC required such assurance in Cause No. 46295 (Sycamore Riverside) and the OUCC recommended it in Cause No. 46344 (Maple Creek II). Derive Energy’s Sullivan County Power Facility provided decommissioning assurance via an economic development agreement with the county as a condition of the IURC order.
What This Does NOT Mean
- It does not mean projects face no regulation
- It does not mean projects are exempt from IDEM, FERC, or IURC oversight
- It does not mean road use agreements are optional
- It does not mean county officials have no role — Sullivan County commissioners can negotiate EDAs and road use agreements
Last Verified: 2026-04-24
Last Verified: 2026-04-24
