Commissioners approve road‑use agreement for Diamondback solar projects with new maintenance and penalty terms
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Summary
The court approved a road‑use agreement requiring Diamondback Solar to upgrade roadways for heavy equipment, maintain them during construction, and restore final upgrades after project completion; penalties for untimely work were added.
The Starr County Commissioners Court on Dec. 8 approved a road‑use agreement with Diamondback Solar covering project access on roads off FM 755/Las Brisas Road extending toward 2360, county staff said.
County staff explained the agreement differs from prior road‑use arrangements by requiring developers to upgrade roads to specifications suitable for heavy equipment, maintain those upgrades during construction to limit damage, and restore final roadway conditions upon project completion. "What we did differently on this road use agreement was ensure that they brought the roads up to specs in order for them to be used for the heavy equipment," Rose Benavides said.
Staff said the new agreement emerged after the county experienced delays and road‑damage concerns on earlier projects; the negotiated agreement includes repercussions and penalties if companies do not complete required work in a timely fashion. Counsel for the company and county staff reviewed the terms and agreed to the provisions, Benavides told the court.
The court moved and seconded approval and carried the motion by voice vote. County staff said the road‑use terms will be used for future projects.
Why it matters: Solar and other heavy‑equipment projects can cause significant roadway damage; the agreement shifts responsibility for temporary upgrades, maintenance and final restoration to project developers and adds enforceable penalties for noncompliance. That limits the county's direct repair burden and ties road access to performance standards.
Next steps: The county will apply the revised road‑use agreement template to future projects and monitor compliance during construction.
