News Article | March 15, 2024
Commissioners Court
LegalEase
Legal Guidance
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"We’ve been getting a lot of complaints from the public about a new commercial solar energy facility. Can the commissioners court enforce a prohibition on their projects?" |
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Can a county adopt and enforce a moratorium regarding commercial solar projects?
No. In Opinion No. AC-0003 (2023), the Texas Attorney General opined that a county commissioners court possesses certain authority that could impact a particular facility, which is a fact-based question. However, the commissioners court lacks statutory authority to adopt a moratorium that fully encompasses the “siting, construction, installation, operation, permitting, and licensing” of a solar facility. For more information, see our updated publication Keeping the County Scenic.