Legal Services

	“Citizens are asking our commissioners court to adopt a moratorium on solar farms in our county. Do counties have that authority?”

Can a county adopt and enforce a moratorium regarding commercial solar projects? 

No. 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 additional information regarding this and other questions, see our Keeping the County Scenic publication and Economic Development webpage.