Members of the Interim Joint Committee on Local Government heard testimony Wednesday on two issues with significant implications for county governments: local authority related to certain solar energy projects and whether county coroner salaries should be standardized through state law.
The committee first reviewed the Court of Appeals' decision in Clover Creek Solar Project LLC v. Breckinridge County Fiscal Court, which invalidated Breckinridge County's solar ordinance because the county does not have a planning and zoning commission established under KRS Chapter 100.
NOTE: KACo is providing legal defense to Breckinridge County Fiscal Court in this case. It is currently pending before the Kentucky Supreme Court on the county’s motion for discretionary review.
An attorney not associated with Clover Creek v. Breckinridge provided an overview of the case and noted that 33 counties have adopted a solar ordinance. Fifteen of those counties do not have planning and zoning.
Committee Co-Chair Rep. Patrick Flannery said the case could have broader implications for other land use issues – including data centers – and may push more counties to adopt comprehensive planning and zoning.
“We'll see how this shakes out and if the Supreme Court decides to take it up, but at least in my opinion, I think this case and what follows is going to have a lot of impact on what local government governments can and cannot do on land use,” Flannery said.
The committee also heard from members of the Kentucky Coroner's Association, who renewed their request for legislation establishing a statewide salary schedule for county coroners based on county population and years of service. Coroners argued that compensation varies widely across Kentucky despite uniform statutory responsibilities and training requirements.
Representatives of the Kentucky County Judge/Executive Association spoke during the committee meeting and opposed a state-mandated salary schedule, arguing that fiscal courts are best positioned to determine compensation based on local budgets, workload and community needs. The association shared preliminary survey results indicating many counties have recently increased coroner pay, expanded staffing or provided additional benefits through the local budget process.
While lawmakers acknowledged concerns about low salaries in some counties, committee discussion centered on balancing consistency in compensation with preserving local decision-making authority.
Click here to watch a recording of the July 8 committee meeting courtesy of KET.
