Does Texas require a permit for a solar farm?
General information, not a substitute for the advice of an attorney.
Short answer: Texas has no statewide siting permit for solar or wind, and counties generally lack zoning authority. But projects still need several specific approvals.
What still applies
- Grid connection: most of Texas connects through ERCOT's interconnection process (ERCOT).
- Construction stormwater: disturbing 1 acre or more needs coverage under TCEQ's Construction General Permit (TCEQ).
- Flood zones: development in a special flood hazard area needs a local floodplain permit (44 CFR 60.3).
- Wetlands: filling jurisdictional wetlands needs a Clean Water Act Section 404 permit (EPA).
- Removal: solar leases signed on or after September 1, 2021 must include removal security under Utilities Code Chapter 302 (Tex. Util. Code § 302.0005; SB 760 (2021)).
- Batteries: new sites of 1 megawatt-hour or more follow the state fire safety law; see battery fire safety.
What counties can do
Without zoning, counties shape projects mostly through road use agreements, tax abatements, and floodplain permits. See your county's contacts on its county page and the statewide list on the Texas permits page.
Related questions
General information from the sources linked above, not legal, tax, or financial advice.
Sources and helpful links
- ERCOT ercot.com
- TCEQ tceq.texas.gov
- 44 CFR 60.3 ecfr.gov
- EPA epa.gov
- Tex. Util. Code § 302.0005 statutes.capitol.texas.gov
- SB 760 (2021) capitol.texas.gov
More official contacts and resources: Helpful links.