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Case File · Richland County, Ohio
In July 2025, Richland County commissioners designated eleven of eighteen townships as restricted areas under Ohio Senate Bill 52 — the 2021 law (ORC §§ 303.58–303.59) that lets counties opt specific townships out of large-scale wind and solar. 3,380 valid petition signatures qualified a countywide referendum for the May 5, 2026 ballot. Statewide, at least 37 Ohio counties now carry exclusion zones.
RealClear would score a new utility solar site in an excluded Richland County township 22/100 and flag the SB 52 designation, the referendum calendar, and the OPSB filing closure before a landowner option is signed.
SB 52 (2021)
Opt-Out Law
July 2025
Ban Date
11 of 18
Townships Excluded
3,380
Petition Sigs
May 5, 2026
Ballot Date
37+
OH Counties Excluded
Richland County, Ohio
October 11, 2021
Ohio SB 52 is signed into law
Governor Mike DeWine signs Senate Bill 52, adding ORC §§ 303.58–303.59 to the Revised Code. The law permits county commissioners to designate restricted areas where large-scale wind farms (>5 MW) and economically significant or large wind/solar facilities (≥50 MW) cannot be sited. Designations can occur prospectively or as an ad hoc objection during an Ohio Power Siting Board (OPSB) case. The law introduces a unique county-level veto atop the OPSB statewide siting authority established under ORC § 4906.
2022–2024
Statewide exclusion zones accumulate
Canary Media and Ohio Environmental Council document a steady wave of county-level opt-outs across Ohio. By mid-2024, dozens of counties had either pre-emptively designated restricted areas or filed case-specific objections before OPSB. The pattern reshapes Ohio's utility-solar pipeline: developers re-underwrite siting toward a narrower set of counties that do not invoke SB 52. PJM queue capacity allocated to Ohio absorbs friction that did not exist before 2021.
July 2025
Richland County Commissioners designate 11 of 18 townships
Richland County commissioners adopt a resolution under ORC § 303.58 excluding large-scale wind and solar facilities from eleven of the county's eighteen townships. Ohio Capital Journal and Cleveland Scene document the resolution and associated public comment record. The designation operates prospectively — future applicants to excluded townships cannot even reach OPSB review for qualifying projects.
Fall 2025
Citizens collect 3,380 valid signatures for referendum
Community members opposed to the blanket exclusion — farmers seeking lease income, local economic-development groups, and renewable-energy supporters — launch a petition drive. 3,380 signatures are validated by the Richland County Board of Elections, meeting the threshold to qualify a countywide referendum under Ohio law. The referendum is placed on the May 5, 2026 ballot.
September 2025
Ohio Environmental Council tallies 37+ counties with exclusion zones
Statewide trackers report that at least 37 Ohio counties have designated exclusion zones under SB 52 in at least one township. Knox County's 120 MW Frasier Solar — approved by OPSB on June 26, 2025 with rehearing denied August 21, 2025 — is the visible counter-case: Knox had not invoked SB 52, OPSB retained full siting authority, and the project cleared despite opponent intervention.
May 5, 2026
Countywide referendum
The ballot measure asks Richland County voters whether to reverse the commissioner-adopted exclusion. The outcome will reset the SB 52 designation map mid-development cycle for any applicants considering the county. A successful repeal would re-open OPSB pathway eligibility; a failed repeal calcifies the exclusion for the standard Ohio review window.
The Statute
ORC §§ 303.58–303.59
Ohio SB 52 (2021), codified at ORC §§ 303.58 and 303.59, empowers county commissioners to designate restricted areas excluding large wind (>5 MW) and economically significant or large wind/solar (≥50 MW) facilities. The statute operates as an overlay on OPSB's statewide siting authority under ORC § 4906 — without a county designation, OPSB remains the primary permitting body.
The Coverage
11 of 18 Townships
The July 2025 Richland County resolution removes the majority of the county's rural land base from eligibility for utility-scale renewables. Developers must now confirm both state-level OPSB pathway eligibility and county-level non-exclusion before screening any Richland County site. The scope of exclusion is the load-bearing screening variable — not the county in aggregate.
The Referendum
3,380 Valid Signatures
The petition threshold was met on the community side by farmers, economic-development voices, and renewable-energy supporters who see lost lease revenue and deferred Ohio climate progress. The May 5, 2026 ballot outcome will reset the SB 52 map mid-cycle. No developer should treat the current exclusion as permanent or treat a repeal as assured — both scenarios need to be priced.
The Statewide Pattern
37+ Counties
As of September 2025, statewide advocacy trackers identified at least 37 Ohio counties with exclusion zones in at least one township. The counter-case is Knox County's Frasier Solar (120 MW) — approved by OPSB June 26, 2025 with rehearing denied August 21, 2025 — because Knox had not invoked SB 52. The statewide map now functions as a first-order screening filter.
Key Decision Makers & Stakeholders
Richland County Board of Commissioners
County Governing Body
Richland County, OH
Documented Record
Adopted the July 2025 resolution designating 11 of 18 townships as restricted areas under ORC § 303.58. Ohio Capital Journal and Cleveland Scene reported the vote and the resolution's operative language. The action forecloses OPSB utility-scale wind and solar pathway eligibility in the affected townships.
The commissioners are the statutory actors who converted SB 52 from a legal possibility into a specific development closure. Developer engagement with Richland County does not route through county planning — it routes through the commissioners' political posture and, after May 2026, through the referendum outcome.
Ohio Power Siting Board (OPSB)
State Siting Authority
Columbus, Ohio
Documented Record
OPSB retains primary siting authority under ORC § 4906 for power generation, transmission, and gas pipelines. Post-SB 52, OPSB explicitly recognizes county SB 52 designations as a threshold bar — a project in a designated restricted area is not eligible for OPSB review. OPSB approved Knox County's Frasier Solar on June 26, 2025 and denied rehearing August 21, 2025 (OEC reporting).
OPSB is procedurally rigorous and technology-neutral. The constraint on Ohio utility solar in 2025–2026 is not OPSB standards — it is whether a county commission has invoked SB 52 before the application reaches OPSB. Screening must front-load the county check.
Richland County Referendum Petitioners
Ballot Committee
Richland County, OH
Documented Record
Collected and submitted 3,380 valid signatures (Cleveland Scene, Canary Media) qualifying a countywide referendum on the May 5, 2026 ballot. The petition coalition combines landowners seeking lease income, local economic-development voices, and statewide clean-energy groups.
The petitioner coalition is evidence that opposition to SB 52 exclusion is politically real, not performative. Whether the coalition translates signatures into referendum votes is the live question. Historical Ohio renewable-energy referenda have run closer than polling, with variable outcomes across rural counties.
Knox County Commissioners
Comparable County (No Opt-Out)
Knox County, OH
Documented Record
Did not adopt an ORC § 303.58 designation restricting Frasier Solar. OPSB approved the 120 MW project on June 26, 2025 and denied rehearing on August 21, 2025 (Ohio Environmental Council). Knox County is the structural counterfactual for the Richland pattern.
Knox is the load-bearing counter-case. Same state statute, same OPSB standards, same PJM interconnection framework — but without a county opt-out, the project cleared. Developer underwriting in Ohio must treat the county-opt-out variable as the dominant screening filter, not OPSB posture.
Ohio General Assembly (Bill Sponsors)
State Legislature
Columbus, Ohio
Documented Record
SB 52 passed in 2021 with a Republican-led majority and the support of rural legislators. The bill's sponsors explicitly framed it as restoring local control over renewable energy siting. The law is the structural enabler for every subsequent county exclusion resolution.
The legislative posture is the upstream political variable. Absent SB 52, OPSB standards would govern Ohio utility-solar siting without the county veto layer. Any national preemption conversation (comparable to Illinois HB 4412 or Michigan PA 233) must account for the fact that Ohio moved in the opposite direction: devolving, not preempting.
Ohio Environmental Council & Canary Media
Statewide Trackers
Ohio / national
Documented Record
Published the running tally of Ohio counties with SB 52 exclusion zones (37+ as of September 2025) and covered both the Richland restriction and Knox County's Frasier Solar approval. Ohio Capital Journal complements the tracking with hearing coverage and petition-signature reporting.
These trackers are the closest thing Ohio has to an authoritative SB 52 map. Developer teams should treat their published counts as input data, not background. The data moves monthly as commissioners vote.
“Ohio didn't ban solar. It gave 88 counties a switch — and half of them are reaching for it.”
The Pre-Filing Research
Before a landowner option. Before an OPSB pre-application notice. Before the PJM queue deposit.
Site Analysis
Hypothetical 100 MW utility solar
Richland County, OH — excluded township
Jurisdictional Status
Coverage
Referendum
OPSB Pathway
Statewide Comparable
As of September 2025, Ohio advocacy trackers (Ohio Capital Journal, Canary Media, Ohio Environmental Council) counted at least 37 Ohio counties with township-level solar or wind exclusion zones. Knox County's 120 MW Frasier Solar is the counter-case — it cleared OPSB June 26, 2025 with rehearing denied August 21, 2025 because Knox had not opted out under SB 52.
Recommendation
DO NOT PROCEED at Richland County excluded-township sites. Even with a favorable May 5, 2026 referendum outcome, the re-entry window runs against 18 months of sunk political capital. Re-underwrite to a non-opt-out county; Ohio's approvable utility-solar territory is specifically the counties that did not designate exclusion zones.
Pre-SB-52 baseline (2020)
Before SB 52, a Richland County utility-solar site scored in the upper 60s under OPSB review: buildable agricultural land, PJM interconnection access, rural tax-base framing. The county-veto dimension did not exist.
Post-designation (2025–2026)
In an excluded township, the OPSB pathway is procedurally closed. The score reflects the combined drag of the existing resolution and the May 5, 2026 referendum — even a repeal restores eligibility but does not restore lost development time.
The Ohio pattern proves a structural point: where state law devolves siting authority to counties, the quality of a jurisdictional screen becomes the dominant variable. OPSB technical standards have not meaningfully changed. What changed is whether the application ever reaches OPSB.
The Decision Framework
Ohio utility-solar underwriting is now a two-step filter, not a single OPSB review.
If screening any Ohio county
Confirm whether the county has adopted an ORC § 303.58 designation for the target township. The check must happen before site control, before landowner outreach, before PJM queue engagement. Statewide counts (37+ counties as of September 2025) move monthly; use current commissioners' minutes, not trailing press coverage.
If there is a pending referendum
Price both outcomes. A repeal restores OPSB eligibility but does not restore lost development time; a failed repeal calcifies the exclusion and converts the county into a multi-cycle non-starter. Budget for a 6–12 month pause around any referendum date; do not commit capital contingent on the repeal.
If Ohio is a target market
Re-weight underwriting toward counties that have not invoked SB 52 (Knox County and comparable non-opt-out jurisdictions). Knox's Frasier Solar approval is the working template: same OPSB standards, same PJM framework, no county veto — the project clears. Pursue non-opt-out counties with a fast screening pass before SB 52 coverage spreads.
The lesson from Richland:
SB 52 turned Ohio utility-solar from a state-regulated pipeline into an 88-county political map. The county check, not the OPSB filing, is the first live gate.
Know which switch the county flipped — before you option a farm.
Know the county veto before you option
RealClear tracks Ohio county exclusion designations, OPSB docket activity, and the May 5, 2026 referendum calendar — and scores every screened Ohio solar site against the SB 52 overlay before landowner outreach begins.
Cited research summary · Not legal advice · Verify independently before making investment decisions
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