The Kentucky Court of Appeals has ruled against the Breckinridge County Fiscal Court's ordinances that sought to regulate the Clover Creek Solar Project, LLC, also known as New Frontiers Solar Park. The court's decision, rendered on May 29, 2026, reversed a lower court's ruling and declared that the local ordinances were invalid. This ruling affects Clover Creek and the various landowners involved in the solar project, which aims to generate renewable energy for thousands of homes.
The dispute arose when Clover Creek sought to develop a large solar-powered electric generation facility on 1,100 acres of land in Breckinridge County. The project, once completed, would have the capacity to generate approximately 100 megawatts of renewable power. Clover Creek entered into land use agreements with several landowners to secure the rights to construct and operate the facility. However, the Breckinridge County Fiscal Court enacted ordinances that Clover Creek argued were invalid and conflicted with state regulations governing merchant electric generating facilities.
Initially, in June 2022, the Fiscal Court adopted an ordinance regulating solar energy systems, which Clover Creek challenged. The court ruled that this ordinance was not a zoning ordinance, allowing it to impose regulations on the solar project. In February 2025, the Fiscal Court replaced the initial ordinance with a new one that imposed even stricter regulations on solar projects, claiming authority under home rule provisions. Clover Creek filed a lawsuit seeking a declaration that both ordinances were invalid and that the state regulations should take precedence.
In its ruling, the Kentucky Court of Appeals found that the Breckinridge County Fiscal Court lacked the authority to enact the ordinances because they did not comply with the requirements set forth in Kentucky Revised Statutes (KRS) Chapter 100. The court noted that both the 2022 and 2025 ordinances were effectively zoning ordinances that regulated land use, despite the Fiscal Court's attempts to classify them otherwise. The court stated, "The 2025 Ordinance is an unlawful exercise of the Fiscal Court’s authority and is invalid." This ruling emphasized that local governments must adhere to state statutes when regulating land use, particularly in the context of energy projects.
The impact of this ruling is significant for Clover Creek and the landowners involved in the solar project. With the court's decision, Clover Creek can now proceed with the development of the solar facility under the state's regulatory framework, which prioritizes state-level requirements over local ordinances that do not comply with the law. The ruling clarifies the balance of power between local and state authorities regarding energy projects, reinforcing that local regulations must align with state statutes.
Going forward, this decision may set a precedent for future disputes between local governments and energy developers. It highlights the importance of adhering to established legal frameworks when creating regulations that affect large-scale energy projects. The ruling could also influence how local governments approach energy regulation, particularly in areas where they lack the necessary planning and zoning commissions.
As for what’s next, the Breckinridge County Fiscal Court may choose to appeal the ruling or attempt to enact new regulations that comply with KRS Chapter 100. However, any future ordinances will need to be carefully crafted to avoid the pitfalls that led to the invalidation of the previous regulations. The Clover Creek Solar Project is now positioned to move forward with its development, pending compliance with state requirements.