Wagoner County commissioners deny conditional-use permit for Persica Solar project after hours of testimony

The Wagoner County Board of County Commissioners voted 2-1 on Monday to deny a conditional-use request for the Persica Solar project, a utility-scale solar development proposed near Porter, Oklahoma.

The decision capped more than three hours of public comment and a multi-meeting review that split farmers and landowners who supported leasing land to the developer from neighbors and health-concerned residents who urged denial. Commissioners James (mover) and Randy (second) voted to deny the permit; Commissioner Kelly voted no, producing a 2-1 result that stops the county-level approval at this stage.

Supporters, including several participating landowners, framed the project as an economic lifeline for small farms and local public services. “Our family farm makes up 100% of our income,” said landowner Donnie Keel, who has leased ground to NextEra. Economic development director Darla Heller told commissioners the project would increase the county tax base and was “transformational for Porter Public Schools.” Allison McCloud, who identified herself as a project representative for CRISPR Solar and Exterra Naval Resources, said the company expects about $31,000,000 in payments to local taxing authorities over the project’s 30‑year life and urged the board to protect landowner property rights.

Opponents raised multiple concerns during public comment and the commissioners’ discussion. Several residents said the project’s scale, layout and a 40‑acre site identified for a collector/collector substation or converter station were inconsistent with the county’s agricultural zoning. Nearby resident Joy Campbell described a health concern tied to electromagnetic interference and said, “This interference could delay or stop the transmission of her immediate condition to her doctor,” referring to her daughter’s implanted cardiac device. Attorneys and technical commenters debated whether EMF levels from buried cabling and modern solar equipment create meaningful risks; the applicant provided written materials and orally stated that “electric and magnetic fields are a natural part of our environment” and that solar facilities “operate well within the internationally recognized safety guidelines for EMF exposure.”

Commissioners also cited process and land‑use questions. Commissioner Haney said he was sympathetic to landowner rights but added, “I don’t agree with conditional use,” asserting the county should revisit its zoning approach and the transparency of conditional-use approvals. County staff and outside counsel noted the project applied under earlier rules and that retroactive changes to zoning could prompt legal challenges; an attorney for the applicant cited precedent urging caution about retroactive zoning changes in projects already underway.

Other topics raised at the meeting included road‑use impacts from construction traffic, bonding and decommissioning assurances for reclamation, potential effects on property values and precedent from litigation in other Oklahoma counties. Speakers for the developer said the company would provide bonding and insurance and that a road‑use agreement could be a condition of approval; the developer also said final site layouts and some easements remain to be completed. Speakers from both sides encouraged the commissioners to consider conditions such as a road‑use agreement and setbacks; one proposed setback of 50 feet was discussed during debate but did not become the basis of an approved conditional permit.

Formal action and next steps: the board recorded a motion to deny the conditional-use request (motion by James, second by Randy). The roll call recorded Commissioners Haney and Stamps voting in favor of denial and Commissioner Kelly voting no. The denial halts county approval for Persica Solar at this time. The developer indicated it would discuss conditions and said it was open to negotiating a road‑use agreement; the transcript also records legal counsel describing options and the risk of retroactive application of zoning when projects were begun under prior rules.

What remains unresolved is whether the developer will revise the proposal, submit additional technical studies (on hydrology, site layout, EMF monitoring or traffic), or pursue administrative or legal remedies. Commissioners and staff repeatedly said the matter exposed gaps in the county’s current planning and zoning rules for large‑scale energy projects and will likely prompt follow‑up action on county zoning and conditional‑use procedures.

Votes at a glance - Motion to deny conditional‑use request for Persica Solar (Resolution 2025‑019 appeal): motion by James; second by Randy. Vote: Haney — yes; Stamps — yes; Kelly — no. Outcome: Motion to deny approved (2–1).