Permits

Regulates discharge of dredged or fill material into waters of the United States, including wetlands. Permit type depends on the area of impact and the activity.

Likely required. As of the cut-off: Sackett v. EPA narrowed the scope of waters of the United States. (2023-05-25) Changed after the cut-off (not applied): EPA and USACE published the conforming WOTUS rule. (2023-09-08)

Certification that a federally permitted discharge (for example a Section 404 permit) complies with state water quality standards.

Likely required. Changed after the cut-off (not applied): EPA's revised Section 401 certification rule took effect. (2023-11-27)

Coverage under the construction stormwater general permit with a Stormwater Pollution Prevention Plan for land disturbance of one acre or more.

Required.

Work or structures in, over or under navigable waters of the United States.

Required only if triggered. Only if a navigable waterway is crossed or affected.

Federal actions must not jeopardize listed species or adversely modify critical habitat; without a federal nexus, take of listed species is prohibited unless authorized under Section 10.

Required only if triggered. Technical assistance and seasonal clearing restrictions usually suffice where impacts are avoided; formal consultation or an incidental take permit is needed if take cannot be avoided. As of the cut-off: Tricolored bat proposed for listing as endangered. (2022-09-14) Northern long-eared bat reclassification from threatened to endangered took effect. (2023-03-31) Changed after the cut-off (not applied): Monarch butterfly proposed for listing as threatened. (2024-12-12)

Prohibits take of migratory birds, nests and eggs. Managed by clearing vegetation outside the nesting season and avoiding active nests.

Likely required.

Protects bald and golden eagles, their nests and eggs from take, including disturbance.

Required only if triggered. Only where eagle nests are near the site; follow buffer guidance. Changed after the cut-off (not applied): Revised eagle permit regulations (including general permits) took effect. (2024-04-12)

A federal undertaking (federal permit, funding, license or land) must take into account effects on historic properties.

Required only if triggered. Triggered only by a federal nexus; state historic review may still apply under state law.

Environmental review of major federal actions, such as federal land use, funding, loans or individual federal permits.

Required only if triggered. Only if federal land, funding or an individual federal permit is involved. As of the cut-off: Fiscal Responsibility Act amended NEPA. (2023-06-03) Changed after the cut-off (not applied): CEQ's NEPA implementing regulations were rescinded. (2025-04-11)

Notice for construction that meets Part 77 notice criteria (for example structures over 200 feet, or within defined distances and slopes of public-use airports); glare analysis may be requested near airports.

Required only if triggered. Screen distances to public-use airports; file if notice criteria are met.

Development within a FEMA Special Flood Hazard Area requires a local floodplain development permit; floodway encroachment needs a no-rise analysis.

Required only if triggered. Siting outside the floodplain avoids this permit and any flood insurance needs.

Required where aggregate aboveground oil storage capacity exceeds 1,320 gallons (counting containers of 55 gallons or more, including oil-filled transformers) and a discharge could reach navigable waters.

Required only if triggered. Usually required for utility-scale substations; confirm once equipment oil volumes are known.

Applies to projects with federal funding or assistance that convert important farmland.

Required only if triggered. Only with federal funding or assistance.

Indiana has no state siting permit for private solar; siting is local. IURC jurisdiction applies only to regulated utilities (IC 8-1-8.5 CPCN for utility-owned generation or PPA approval) and would be triggered only if Prairie Electric owns or seeks approval for the project.

Required only if triggered. Trigger: Only if project is utility-owned or the utility seeks IURC approval of PPA/ownership Note: As of 2023-08-15 Indiana had no state solar siting permit; local control prevails (the 2023 legislative session considered but did not enact a state siting override for solar; IC 36-7-4-1109 on local wind/solar ordinances was later amended in 2024-2025 efforts). Check later changes. Unverified: proposed from regulatory knowledge, not evidenced in the data room.

Sugar Run and tributaries are likely jurisdictional waters, so a 401 WQC is required with any federal Section 404 permit. Isolated state-regulated wetlands and waters not covered federally need an IDEM isolated wetland permit if impacted.

Likely required. Note: As of 2023-08-15, after Sackett v. EPA (May 2023), federal jurisdiction narrowed, making state isolated wetland permitting more important. Indiana SEA 389 (2021) deregulated Class I and some Class II isolated wetlands.

Land disturbance of one acre or more requires Rule 5 NOI submitted to IDEM, with the SWPPP reviewed by the county SWCD or MS4. This project disturbs well over one acre.

Required. Note: Rule 5 as of 2023-08-15. Unverified: proposed from regulatory knowledge, not evidenced in the data room.

Required for construction in a designated floodway of streams with drainage area of 1 square mile or more, e.g. Sugar Run crossings, collection lines, or fencing.

Required only if triggered. Trigger: Any work in a mapped floodway or on a stream with 1+ sq mi drainage area Note: As of 2023-08-15. Unverified: proposed from regulatory knowledge, not evidenced in the data room.

Request a DNR Environmental Review for state-listed species and natural heritage. Indiana bat and northern long-eared bat tree clearing windows are commonly recommended.

Likely required. Note: As of 2023-08-15. NLEB was reclassified as federally endangered effective March 2023. Unverified: proposed from regulatory knowledge, not evidenced in the data room.

No general state review for private land without a state or federal nexus, but SHPO consultation is triggered through federal permits. Inadvertent discovery of human remains or burials requires DNR notification under IC 14-21-1.

Required only if triggered. Trigger: Federal nexus (e.g. 404 permit) or discovery of burials/archaeological artifacts Note: As of 2023-08-15. Federal nexus is missing from the project facts. Unverified: proposed from regulatory knowledge, not evidenced in the data room.

Needed for state-highway driveway access, utility crossings of state ROW, and delivery of heavy equipment such as main power transformers.

Required only if triggered. Trigger: Access, crossings or hauling on state routes Note: As of 2023-08-15. Unverified: proposed from regulatory knowledge, not evidenced in the data room.

Crossings or work near county regulated drains need Drainage Board approval. Agricultural tile disturbed by construction must be repaired.

Required only if triggered. Trigger: Work within regulated drain easements or disturbing drainage tile Note: As of 2023-08-15. Unverified: proposed from regulatory knowledge, not evidenced in the data room.

Applies to qualifying buildings such as O&M or substation control buildings. Not typically needed for solar arrays themselves.

Required only if triggered. Trigger: Construction of enclosed buildings of qualifying class Note: As of 2023-08-15. Unverified: proposed from regulatory knowledge, not evidenced in the data room.

Parcels are zoned A-1 Agricultural, where commercial solar is allowed only by special exception from the BZA following a public hearing. Local opposition has been voiced, so the hearing is a key risk.

Required. Note: Ordinance as shown in the data-room records dated 2023-04-02. Later amendments are not known.

The ordinance requires 250 ft from non-participating residences. Residents asked for 500 ft and screening along CR 400 N, which the BZA could impose as a condition of the special exception, but this request is not part of the ordinance.

Required. Note: Ordinance as of 2023-04-02. The 500 ft request is undated and non-binding.

The ordinance requires a decommissioning bond before issuance of the ILP. Building and electrical permits are likely part of the ILP process.

Required. Note: Ordinance as of 2023-04-02.

The data room says nothing about road use agreements or moratoria. The township trustees took no action after the April 2023 meeting, and no moratorium is evidenced.

To be confirmed. Note: As of 2023-08-15 no moratorium is evidenced.