Near the end of Thursdays meeting, resident Brad Simone asked the board to declare two previously granted special exceptions for solar projects void because, he said, the applicants did not file building- or location-improvement-permit applications within the time the ordinance requires.

"The only thing that extends was the beginning of the construction and it had to be started by the end of this year," Simone told the board, referring to the record from a 2023 approval. He cited Howard County ordinance 2009 BCCO-21, Article 7, letter m, which he read to the board and interpreted to require an applicant to apply for a building permit or location-improvement permit within four months of receiving a special-exception approval.

Simone named two companies, NG Emerald Green Solar LLC and Ranger Locomotive Solar, and said neither had submitted a building-permit application within the timeframe he described. He asked the BZA to vote to void those special exceptions and require the applicants to reapply.

Board staff responded on the record that the board must rely on legal counsel for enforcement decisions. "We still have to go on the recommendation of our attorney," staff said, adding that the board cannot unilaterally deny or void permits without counsels guidance.

The board said the appropriate path would be to have county counsel review Simones claim and advise whether the ordinance was violated and whether a public hearing or other procedures are required to rescind or reinstate special exceptions.

Simone told the board he had presented the same materials to the county commissioners and that he sought to avoid litigation. The board did not take action at the meeting; staff said the matter could return for a future public hearing if the attorney advised that further proceedings were appropriate.