A North Baldwin community action group says it is prepared to challenge Baldwin County’s grandfather rule that would allow a proposed utility-scale solar project to proceed even if residents vote next week to institute zoning standards.

Friends of the Tensaw River leaders and legal counsel are arguing the decision is an improper exercise of authority as voters in Stockton prepare to decide on a zoning referendum June 30 that, if approved, could lead to large-scale developments like a solar farm not being allowed in certain areas under new land use rules. Baldwin County Planning District 3's scheduled vote is largely driven by opposition to a proposed 4,500-acre solar farm planned by Silicon Ranch on private property.

In a statement provided to Gulf Coast Media, Baldwin County Commission said the company has already submitted development applications that qualify for vested rights under county policy, which officials interpret as grandfathered status if accepted before the zoning vote, according to county code. Zoning regulations only apply to new applications.

"There have been two permit applications formally accepted by the county so far for this property," the commission said in the statement. "The first was a subdivision exemption, which has been issued, that combined many of the parcels owned by the applicant. The second permit that has been submitted is a land disturbance permit for a portion of the overall site."

The commission said technical review of the land disturbance permit application has been completed and that the permit received conditional approval pending permits from the U.S. Army Corps of Engineers and the Alabama Department of Environmental Management.

"Any complete development permit application that has been formally accepted by the county prior to the zoning referendum vote shall be deemed to possess vested, grandfathered status," the statement said. "Accordingly, such permits would not be subject to any zoning ordinance or regulatory requirements adopted as a result of the referendum, should the referendum be approved."

Friends of the Tensaw River President Meagan Fowler said the group disputes that interpretation, saying it exceeds what the law allows.

"We are disappointed that the county has indicated, on the eve of a zoning referendum, that it will allow a large-scale solar company to be grandfathered in to our area based on an incomplete permit application such that any future zoning rules would not apply on them," Fowler said in a statement provided to GCM. "Our reading of the applicable law on this issue is that this is an improper exercise of authority which we are prepared to challenge if necessary."

Fowler said the group will continue encouraging residents to support the zoning referendum.

As previously reported by GCM, residents of Planning District 3 will vote June 30 on whether to place the unincorporated Stockton area under Baldwin County zoning regulations. The referendum was triggered after residents collected the required signatures earlier this year amid concerns about large-scale development proposals, particularly utility-scale solar projects planned for north Baldwin County.

If approved, a temporary five-member board made up of Stockton residents would work with county planning officials to develop a zoning map and recommend land-use classifications for the district.

Supporters of zoning argue the measure would give residents a formal role in shaping future development, while opponents have raised concerns about additional regulations and government oversight.

The zoning referendum will be held June 30 at the Stockton Civic Club, with polls open from 7 a.m. to 7 p.m. 

Gabriella Chavez is a Report for America corps member who writes about growth and development in Baldwin County and our natural spaces for Gulf Coast Media. Your donation to match our RFA grant helps keep her writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://tinyurl.com/yaf8yf5n.