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Owen County commissioners approve rezoning of Clay Township parcel over resident objections

October 24, 2025 | Owen County, Indiana


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Owen County commissioners approve rezoning of Clay Township parcel over resident objections
The Owen County Board of Commissioners voted to approve a request to rezone a parcel in Clay Township from agricultural to single-family residential, moving the application back to the county Planning Commission for the next stage of review.

Commissioner Sam Haws, who opened the discussion on the agenda item, said, "Tonight's meeting is strictly about rezoning. That's it tonight." Haws later made the motion to approve the rezone; the motion passed by a 2-1 vote.

The rezoning request, submitted under the applicant name shown in county materials as ABCJH and tied to an ordinance amendment labeled 2025-006, drew extended public comment and a lengthy exchange among commissioners, applicants and residents. Several residents and a public speaker challenged whether the application had provided required technical materials and whether the parcel has adequate infrastructure. "In clear conscience, under the existing laws, ordinance, and guidelines, you cannot vote yes for the rezone," a resident told the commissioners, citing the Planning Commission's unanimous no vote on Aug. 19 and concerns about septic and water availability.

County staff clarified the legal and procedural limits of the commission's role. Heather, a county staff member who responded to questions during the hearing, said that approval of a single-family residential zoning classification does not itself authorize subdivision or immediate construction: "If they go to residential single family, until they've [submitted a subdivision application]… they are only really allowed to put… one house there. So before they can even try to do a subdivision, they have to have the lead zone first."

Commissioners and several commenters focused on specific concerns cited in the applicant's submission. The record and public remarks note that septic testing on the property was provided for lots 1–14 but not for all 45 lots referenced in the applicant's plan; speakers also raised the absence of public sewer and water in Clay Township, potential impacts on private wells, increased traffic on Little Flock Road and local fire protection capacity. Commissioners repeatedly stated that the burden of proof for meeting technical and regulatory requirements lies with the applicant and that those items will be considered by the Planning Commission if the rezone is approved.

After discussion and public comment, a motion to approve the rezoning passed. The motioners and seconds were spoken aloud during the meeting but the official roll-call vote recorded on the floor was announced as a 2-1 approval. The commissioners noted that approval of the rezone only changes the zoning classification for the legally described parcel in the application; any subdivision proposal, septic approvals, drainage plans, conservation easements or other development permits must be submitted to and reviewed by the Planning Commission and relevant county staff.

Commissioners also encouraged direct communication between the applicants and nearby residents. Owners present in the meeting — identified in county remarks as Mr. Bolt and Mr. Franklin — indicated willingness to meet with the public and planning staff to address concerns as the application proceeds. Planning Commission meetings are held on the second Tuesday of each month at 6:30 p.m., county staff said.

The ordinance cited by the county for the zoning change is listed in county materials as Ordinance No. 2025-006 to amend the Owen County zoning and subdivision control ordinance. The board emphasized that other submitted materials, including septic reports, site plans and certified adjacent-owner lists, must be completed and reviewed by the Planning Commission before any further approvals or construction could proceed.

Votes at a glance: the commissioners approved the rezoning request by a 2-1 vote. The approval sends the application back to the Owen County Planning Commission for the subdivision and technical-review process; it does not authorize immediate construction or final subdivision approval.

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