Two inactive solar special-exception permits flagged as void after multi-year inactivity

County planning staff told the board that Muskegee Solar LLC's special-exception permit (SPX 07-2021), approved June 14, 2022 for a 4.9-megawatt project on Balti Road, has not commenced construction and that the permit is therefore void under county zoning provisions that terminate special exceptions that are not acted upon within the required timeframe. Staff said a permit-by-rule was applied for at the state level but no local construction activity or site-plan approvals have occurred; the permit’s automatic voiding stems from the county code provision applied to special exceptions.

The board reviewed staff's findings and accepted the recommendation that the zoning administrator issue a determination. Counsel noted that the original special-exception review schedule required biennial review and the applicant had previously asked for and been granted a 2-year extension; no further action occurred. The board's review is procedural and staff will issue formal written notice to the applicant; board members said the county will offer the usual administrative communications but that enforcement follows the ordinance's timelines. "There will still be a letter from the county that can be challenged by the applicant," staff said, noting the county's determination could be appealed.