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Residents ask Baldwin County to pause utility‑scale solar approvals; commission to seek attorney general opinion
Summary
A residents’ group asked the Baldwin County Commission to impose a temporary moratorium on new utility‑scale solar projects until independent engineering reviews and ordinances are in place; the county attorney agreed to prepare a resolution asking the Alabama attorney general for an opinion at the May 5 meeting.
Megan, representing the newly formed Friends of the Tinsel River, told the Baldwin County Commission on April 21 that residents are worried about multiple proposed utility‑scale solar sites in north Baldwin County and asked the commission to impose a temporary moratorium on new permits until independent land evaluations and permitting rules are adopted.
“We request that the commission issue a temporary moratorium on any new utility scale solar development until the appropriate research can be done,” Megan said, citing about 11,000 acres of proposed industrial solar north of I‑65 and urging the county to hire an unbiased engineering firm to evaluate watershed and land‑disturbance impacts.
County Attorney (staff) said legal authority for a blanket moratorium is not settled. The attorney described two legal questions raised in the submitted materials — whether a moratorium can be applied in flood‑prone areas and whether it can be imposed in otherwise unzoned, unincorporated areas — and said staff is reviewing the research submitted by the residents’ counsel.
“I'm not sure I agree yet,” the county attorney said, describing a continuing review and proposing an option: prepare a resolution asking the attorney general to issue a formal opinion. Commissioners agreed to have staff prepare a draft resolution for the May 5 meeting so the governing body can consider whether to request an attorney general opinion.
No moratorium was adopted at the April 21 meeting; the commission directed staff to prepare legal materials and the draft resolution for the May 5 agenda. The county attorney said an attorney general opinion could clarify whether a temporary moratorium is lawful under Alabama law and under which circumstances it could be applied.
Why it matters: Residents asked for a pause to ensure county permitting and oversight address potential watershed and environmental impacts and to avoid conflicts of interest in prior vendor relationships. The decision whether to seek a formal legal opinion will determine whether the commission has a clear legal path to adopt any temporary moratorium before staff and planning produce draft regulations for utility‑scale solar development.
