Commissioners move solar farm forward
Citizens promise legal action Emerald Green's economic plan is approved
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The Emerald Green solar farm planned for eastern Howard County is clearing the final hurdles before construction begins, but the citizens opposed to it have not given up their fight. The project went before the Howard County Commissioners on July 7 to finalize a trio of agreements. But the remonstrators promised legal action in a last-ditch effort to stop it.
Howard County Attorney Alan Wilson presented the commissioners with a road use agreement, a drainage agreement, and an economic development plan. Each was approved, but not before the public had its say.
The road use agreement sets aside a $5 million bond to be used for any and all road repairs necessary as a result of the construction and maintenance of the solar farm. The drainage agreement sets aside a $3 million bond to address any drainage issues caused by the installation and maintenance of the solar farm.
The commissioners also took under advisement for requests for proposal to hire a compliance officer who will oversee the installation of the solar farm, ensuring that solar farm developer Engie complies with all requirements of Howard County's zoning and solar ordinances.
Finally, the commissioners considered an economic development agreement between the county and Engie which would bring millions of dollars in benefit to the community. At this point, the public was allowed to comment; specifically, Brad Simone, the eastern Howard County resident who has spearheaded the resistance against the solar farm from its outset.
His issue involved a special use permit and the timing of a building permit.
“Engie applied for their special exception permit on January 23, 2023, and it got approved,” said Simone. “I emailed (Howard County Plan Commission Director Greg) Sheline on June 16 of this year and asked him if Engie had applied for a building permit. He let me know that they have not applied for a building permit.”
Simone cited the county’s zoning ordinance, which states that a company receiving a special exception to the ordinance has four months to apply for a building permit, or the special exception will be void. That deadline, Simone contended, passed in June 2023.
Simone asked the commissioners to table any agreements until Engie complies with the ordinance, which would involve re-applying for a special exception and having it granted before applying for a building permit.
Without acknowledging any procedural flaws, Commissioner Jack Dodd contended that Simone’s issue wasn’t germane to the approval of the economic development agreement.
“I don't think this affects what we're doing here,” said Dodd. “I don't think it affects the EDA part.”
The commissioners turned to Wilson for advice on the matter but found the attorney unwilling to address the matter publicly.
“There's nothing I can say about it,” said Wilson. “I say that because, Brad had an attorney stand up at the planning commission saying that she represented Brad. The rules of professional conduct prevent me from discussing anything with him knowing that he's represented by council.”
Stating that his hands were tied, Wilson’s position caused uneasiness with Commissioner Brad Bray, who directly represents the citizens of eastern Howard County. He asked Sheline to address the matter before the vote was taken, and Sheline acknowledged the discrepancy with the timing.
“It is in the county ordinance, but that was put together for developments that could be done in a timely fashion,” said Sheline. “Since we've never done it before -- a solar farm in Howard County -- there's no way this could be done in the timeframe.
“So, I would give an extension for that. We do the same thing when it comes to major subdivisions in the county and the city. When they are issued a permit, the (construction) has to start within one year and be finished within two. There's no way you can build a subdivision in two years.”
Sheline also pointed out that the county was responsible for much of the delay as it did not have an ordinance governing the development of a solar farm at the time. It took several months for that measure to be adopted. Then, the county had to resolve issues involving drainage for the project, resulting in additional delays.
Standing on the fact that the county was responsible for the delays, Sheline contended that the timeline in the ordinance could not be enforced on the solar project.
“In my opinion, that kind of put a halt to all this,” said Sheline. “I would give an extension for this, like I have for other developments that take more time than what this ordinance allows. That's why we've always given extensions for those projects that take that long.”
Given that explanation, the commissioners chose to vote on the economic development plan and passed it. But Simone warned the commissioners that the fight would continue.
“You just might have created a lot of problems in the county,” said Simone. “People pay attention what's going on, and now they're going to see that big businesses don't have to comply with our ordinances. Some people may take Howard County ordinances now to be nothing but merely recommendations.
“I think you may have just created some chaos here, and I can guarantee you this: you have to set yourself up for lawsuit from the people of Howard County. We're going to take this to court and see what the judge has to say.”