10/28/2025
This guide outlines straightforward and lawful steps that county commissioners and city officials in Texas can
take—without granting tax abatements—to protect land, property values, infrastructure, and citizen safety when
large-scale data centers or solar farms are proposed. These tools already exist under Texas law. The key is
simply for our local leaders to act upon them and put them to use.
Protecting Land, Property Values, and Citizen Safety
from Data Centers and Solar Farms
1. Roads & Construction Traffic
Require a Road Use or Heavy-Haul Agreement before any construction begins. These agreements should
designate haul routes, require pre- and post-construction road surveys, mandate developer-funded road
upgrades, include a repair bond or letter of credit, and set limits on hours and convoy size. This protects county
infrastructure and nearby property owners from heavy-truck damage and disruption.
2. Stormwater & Erosion
Require proof of a Texas Commission on Environmental Quality (TCEQ) Construction General Permit
(TXR150000) and a site-specific Stormwater Pollution Prevention Plan (SWPPP). Hold road and access bonds
until final stabilization is achieved to ensure compliance.
3. Water Use & Aquifer Protection
Demand full disclosure of annual and peak water use, water sources (municipal, groundwater, reclaimed), and
drought-curtailment triggers. Projects using wells must provide proof of permits, metering, and reporting from
the appropriate Groundwater Conservation District (Texas Water Code Ch. 36). In Edwards Aquifer counties,
ensure a TCEQ-approved Water Pollution Abatement Plan (WPAP) is filed before dirt work.
4. Setbacks, Buffers, Lighting & Noise
Negotiate setbacks and vegetative buffers to protect non-participating landowners. Require berms,
landscaping, and screening along public roads. Enforce dark-sky lighting standards (full cutoff fixtures, low color
temperature) to prevent glare and light trespass. Include quiet hours and sound limits in project agreements.
5. Decommissioning & End-of-Life Restoration
Require a decommissioning plan and financial assurance (bond, letter of credit, or parent guaranty) before
notice to proceed. The plan should ensure full removal of panels, turbines, or structures and restoration of the
land to its original condition. Texas Utilities Code Chapter 302 already mandates these protections for solar
projects; counties can mirror these terms locally.
6. City-Level Tools
Cities can apply zoning and permitting leverage, using Specific Use Permits (SUPs), Planned Development
districts, and impact fees (Local Government Code Chapter 395) to impose setbacks, noise limits, and
infrastructure cost recovery. City councils can simply refuse approval until water, traffic, and power issues are
responsibly addressed.
7. Public Notice & Transparency
Require developers to notify adjoining landowners, host at least one public information meeting, and submit
traffic, stormwater, and utility-use plans for public review before permits are granted.
8. Environmental & Historic Protections
Require wildlife, archaeological, and tree preservation assessments, particularly in areas with known cultural or
ecological significance. Tie infrastructure approvals to proof of compliance with state and federal review
processes.
Examples of Texas Counties & Cities Acting Without Abatements
• Lamar County: Road agreement requiring 30 miles of TxDOT-spec upgrades (Bug Tussle/Cielo Wind).
• Jack County: Road Use Agreement for Hecate Energy’s Longhorn Solar Project.
• Lamb County: Formal road repair and improvement agreement with Lazbuddie Wind Energy.
• Liberty County: Standardized road use agreements and development checklists for commercial projects.
• Dripping Springs: City dark-sky ordinance protecting residents from glare and light pollution.
• San Marcos: Denied data center rezoning due to unaddressed water and power impacts.
• Comal County: TCEQ halted project work in Edwards Aquifer recharge zone pending proper WPAP filing.
Conclusion
Every one of these actions is legally and practically available today. Counties and cities do NOT need to give
away taxpayer-funded ABATEMENTS to protect their citizens. They simply need to use the authority already at
their disposal—to require road agreements, stormwater compliance, water disclosures, lighting controls, and
restoration bonds. When local officials act decisively, communities stay safe, property values remain strong,
and responsible development still proceeds.
Sources & References
• 1. Texas Utilities Code Chapter 302 – Solar Facility Financial Assurance Requirements
• 2. Texas Water Code Chapter 36 – Groundwater Conservation Districts
• 3. TCEQ Construction General Permit TXR150000
• 4. Texas Local Government Code Chapter 395 – Impact Fees
• 5. Texas Tribune – 'Counties Can’t Ban Solar Farms, Attorney General Says' (Aug 2023)
• 6. City of Dripping Springs – Outdoor Lighting and Dark-Sky Ordinance
• 7. Lamar, Jack, Lamb, and Liberty County Commissioners Court minutes and agreements (2023–2024)
• 8. Texas Commission on Environmental Quality – Edwards Aquifer WPAP Guidance
