Texas utility-scale solar and storage: approvals stage by stage

1. Site control: the lease or option

The landowner and the developer

What you get: A signed option or lease. Texas law sets minimum terms for the decommissioning part of it.

What goes in: For solar, Utilities Code Chapter 302 makes the developer responsible for removing panels, transformers and substations, removing foundations and buried cables to at least three feet below grade, and refilling holes (§302.0004). For battery storage agreements signed on or after September 1, 2025, Chapter 303 does the same for batteries, transformers and substations (§303.0004).

How long, per the document: Financial assurance for removal is due no later than the earlier of the agreement ending or the 20th anniversary of commercial operation for solar (§302.0005(e)), and the 15th anniversary of the battery operation date for storage (§303.0005(e)). The statutes set no deadline for signing; that is negotiated.

Lease guide: Texas decommissioning law · option agreements

2. ERCOT interconnection request and studies

ERCOT and the transmission service provider (TSP)

What you get: A Generation Interconnection Request (GINR) in ERCOT's RIOO system, then a Screening Study, a Full Interconnection Study led by the TSP, and a signed Standard Generation Interconnection Agreement (SGIA).

What goes in: The request, fees, screening study, full interconnection study (steady-state, short-circuit, stability and related analyses) and the SGIA, as laid out in ERCOT Planning Guide Section 5 and on ERCOT's Resource Integration page. Projects of 10 MW or more at the point of interconnection go through this ERCOT process; smaller ones use the utility's distribution process.

How long, per the document: ERCOT staff put the process at 18 to 30 months for generation of 10 MW or more and 8 to 12 months under 10 MW, not counting construction or supply delays (ERCOT, Oct. 2024). Nationally, the median project built in 2025 took 61 months from request to operation (Berkeley Lab, Queued Up 2026).

Stage-by-stage detail with dates: ERCOT on the interconnection page

3. Registering with the PUCT

Public Utility Commission of Texas

What you get: A power generation company (PGC) registration, filed on the Commission's form.

What goes in: The registration form under 16 TAC §25.109: company and contact details, ownership, and the facility information the rule lists. Self-generators of 1 MW or more that are not PGCs register on the same form.

How long, per the document: A generator must register before the first day it generates electricity; amendments are due within 30 days of a change, and the registration is renewed on or before February 28 every other year (16 TAC §25.109).

4. County: reinvestment zone and tax abatement

County commissioners court

What you get: An order designating the site a reinvestment zone, then a Chapter 312 tax abatement agreement. Texas counties have no zoning, so this and the road use agreement are the county's main role.

What goes in: A public hearing and findings for the zone (Tax Code §312.201 and §312.401); then the agreement itself, approved at a regular meeting (§312.402). Counties often also ask for a road use agreement covering haul routes, road condition surveys and repairs; no statute requires or governs that agreement, so its contents are whatever the county negotiates.

How long, per the document: Notice of the zone hearing goes out at least seven days before it (§312.201(d)). The meeting at which the abatement agreement is approved needs public notice at least 30 days ahead (§312.207(d)), and other taxing units get written notice at least seven days before (§312.2041). Road use agreements: not stated anywhere.

What your county has done: see the "Recent local action" note on its county page · tax incentives guide

5. TCEQ stormwater permit

Texas Commission on Environmental Quality

What you get: Coverage under the Construction General Permit TXR150000 for any site disturbing one acre or more.

What goes in: Sites of five acres or more file a Notice of Intent in STEERS with the fee, keep a stormwater pollution prevention plan (SWP3), and post a construction site notice; sites of one to under five acres post a site notice instead of filing an NOI (TXR150000, Part II). Land over the Edwards Aquifer recharge zone has separate rules under 30 TAC Chapter 213.

How long, per the document: The SWP3 must be developed and implemented before coverage and before construction starts; the NOI is filed before construction, and electronic coverage begins when TCEQ confirms receipt (TXR150000). The current permit runs to March 5, 2028 (TCEQ).

Contacts: TCEQ regional offices by county

6. Wetlands and streams (Clean Water Act §404)

U.S. Army Corps of Engineers

What you get: A jurisdictional determination of which waters on the site are federal, and a permit if the project fills any of them, usually Nationwide Permit 51 for land-based renewable energy.

What goes in: A wetland delineation submitted to the district regulatory office for the determination; if fill is needed, a pre-construction notification (PCN) under the nationwide permit's general conditions. Texas is split among the Fort Worth, Galveston, Tulsa and Albuquerque districts (USACE office locator).

How long, per the document: The Corps has 45 calendar days from receipt of a complete PCN, and the permittee may not proceed before that period ends unless the Corps says otherwise (33 CFR 330.1(e)(1)). Jurisdictional determinations: not stated.

The 2026 nationwide permits took effect March 15, 2026 (the 2021 permits expired March 14, 2026), and the Corps confirmed that battery storage can be covered under NWP 51 when it is part of a renewable energy project (Federal Register, Jan. 8, 2026). Screen first: the land report shows National Wetlands Inventory polygons on the parcel

7. Endangered species and eagles

U.S. Fish and Wildlife Service

What you get: An official species list from IPaC, and, only when a federal permit or funding is involved, Endangered Species Act consultation.

What goes in: The IPaC project request returns the official list of listed species and critical habitat for the site (IPaC). Formal consultation, where a federal nexus exists, starts with a written request describing the action and the measures to avoid or reduce effects (50 CFR 402.14(c)).

How long, per the document: Formal consultation concludes within 90 days of starting unless extended, and the biological opinion is delivered within 45 days after that (50 CFR 402.14). The IPaC list itself: not stated.

Screen first: the land report checks critical habitat at the point you click

8. Historic and archeological review

Texas Historical Commission

What you get: State Historic Preservation Officer review under the Antiquities Code (public land) or Section 106 (federal permit or funding).

What goes in: A consultation request through THC's eTRAC system with the project location, the federal agency or permit involved, and maps (THC consultation process).

How long, per the document: THC says the majority of projects are reviewed within a single 30-day period, which starts when THC receives the submission and starts again if THC asks for more information (THC project review FAQ).

9. Wildlife habitat review

Texas Parks and Wildlife Department

What you get: A request to TPWD's Environmental Review Team and its response letter with recommendations. This is advice, not a permit.

What goes in: Existing environmental documentation with enough detail to judge effects on fish, wildlife and rare species, or the ERT request form, sent to the Wildlife Habitat Assessment Program (TPWD).

How long, per the document: TPWD says responses generally take about 45 days and can take longer (TPWD).

10. FAA notice for tall structures

Federal Aviation Administration

What you get: Form 7460-1 for any structure that meets a notice trigger: more than 200 feet above ground, or lower structures near airports.

What goes in: Form 7460-1 filed through the FAA's OE/AAA system (OE/AAA). The triggers, including the 200-foot rule and the runway slope rules, are in 14 CFR 77.9. Most solar arrays are too low to trigger notice; met towers, wind turbines and some substation structures do.

How long, per the document: The notice is due at least 45 days before the start of construction or the filing of a construction permit application, whichever is earlier (14 CFR 77.7). FAA review time: not stated.

11. Floodplain development permit

County or city floodplain administrator

What you get: A local permit for any construction in a mapped flood hazard area, where the county or city takes part in the National Flood Insurance Program.

What goes in: Whatever the local floodplain ordinance requires; the federal minimum is that the community require permits for all development in the community and review them against the flood map (44 CFR 60.3). The Texas Water Development Board is the state NFIP coordinator (TWDB).

How long, per the document: Not stated at the federal level; the county sets it.

Screen first: the land report gives the FEMA flood zone for the point

12. ERCOT registration, modeling and energization

ERCOT, with the TSP and a qualified scheduling entity (QSE)

What you get: Registration as a Resource Entity, the Resource Asset Registration Form, a QSE, dynamic models, and the three-part commissioning approvals: energization, synchronization, full commissioning.

What goes in: Resource Entity application and QSE designation (ERCOT Resource Entities); registration data, models, the settlement meter and telemetry; then the Commissioning Plan and New Generator Commissioning Checklist, Parts 1 to 3, submitted through RIOO to get approval to energize, synchronize and complete commissioning testing (ERCOT Resource Integration).

How long, per the document: Full registration data is due at least 15 days before the model change deadline, and ERCOT asks to be contacted at least 30 days before the production load date deadline (ERCOT, Oct. 2024). Once ERCOT approves initial synchronization, the resource must complete the conditions for commercial operation within 180 days (ERCOT PGRR103). Response time per checklist part: not stated.

A. Crossing a railroad, a pipeline or a county road

The railroad, the pipeline operator, or the county commissioners court

What you get: A crossing or encroachment agreement from each right-of-way owner the gen-tie, collection line or access road touches. Private consents, not permits, but construction cannot start without them.

What goes in: Union Pacific takes applications only online, on its Exhibit A forms (four wireline forms by overhead/underground and above or below 750 V); a separate permit is needed just to survey on railroad property, and it follows the AREMA Manual for Railway Engineering (UP utilities installations, wireline procedure, encroachment procedure). BNSF processes utility permits through JLL at bnsf.railpermitting.com under its Utility Accommodation Manual (BNSF permitting guide, Dec. 2023). Pipeline operators review a crossing (an "encroachment") from a form with plan and profile drawings, GPS location and construction method; Kinder Morgan's is typical (Encroachments and easements, information form). Separately, Texas law requires an 811 locate request for any excavation 16 inches or deeper, no earlier than 14 days and no later than 48 hours before digging (Utilities Code ch. 251); the Railroad Commission enforces its damage-prevention rules but does not approve crossings (RRC damage prevention). County roads belong to the commissioners court: ask the county judge's office how it handles a crossing, usually inside the road use agreement in stage 9.

How long, per the document: Union Pacific: wireline crossings about 30 to 45 days; encroachments a non-refundable $4,055 application fee and about 90 to 120 days; rush handling for crossings only at $12,055 (5 business days) or $6,055 (15 business days) (UP). BNSF: six to eight weeks to a fully executed permit (BNSF guide). Kinder Morgan: about ten weeks from a complete submittal (KM form). Fees for the railroad license itself are set by property value and quoted after approval.

The land report shows the nearest transmission line; railroads and pipelines are on the project map layers.

B. Military review: the DoD Siting Clearinghouse

U.S. Department of Defense (Military Aviation and Installation Assurance Siting Clearinghouse)

What you get: A finding of no unacceptable risk to military operations, or a mitigation agreement. Nothing separate to file for the formal review: the FAA obstruction filing in stage 11 triggers it.

What goes in: Filing with the FAA under 49 U.S.C. 44718 "automatically triggers the formal review" (Clearinghouse review process). The statute covers any project "for the generation or transmission of electrical energy" (10 U.S.C. 183a(h)(4)); the Clearinghouse's site lists wind, solar and transmission among them. Before filing, a project can ask for a non-binding informal review through the Clearinghouse's web form, which lists solar arrays, energy storage and transmission among its project types and asks for location, height and the nature of the project (informal review request; 32 CFR 211.7). The standard: the Secretary may object only where a project "would result in an unacceptable risk to the national security of the United States" (10 U.S.C. 183a(e)).

How long, per the document: The statute now gives the Department 75 days from receiving the application from the FAA to complete the review, with at least 30 days for the governor to comment on a notice of presumed risk (10 U.S.C. 183a(c)); the 2013 rule still reads 30 days for the formal review and 50 days for an informal one (32 CFR 211.6 and 211.7). If the Clearinghouse finds a possible adverse impact it issues a Notice of Presumed Risk and convenes a Mitigation Response Team (formal review). No fee is stated.

Height matters: the review follows the FAA filing, so it mostly bites on wind turbines, met towers and tall transmission structures.

C. The transmission provider's CCN for the interconnection facilities

Public Utility Commission of Texas (filed by the transmission service provider, not the developer)

What you get: A Certificate of Convenience and Necessity for the new line or substation the TSP builds to connect the project. The developer is a party to the schedule, not the applicant.

What goes in: An electric utility may not build transmission to serve the public without a CCN (PURA 37.051), and a new transmission facility that interconnects with an existing utility's facility can be certificated only to the owner of that existing facility (PURA 37.056(e)), which is why the TSP, not the generator, holds it. The application and notice are under PURA 37.053 and 37.054. The Commission's economic test does not apply to a line "needed to interconnect a transmission service customer or end-use customer," and it gives great weight to ERCOT's recommendation and the TSP's documentation that the line is needed for interconnection (16 TAC 25.101(b)(3)(A)). Whether a generator-owned gen-tie needs its own CCN turns on whether the owner is an "electric utility" under PURA; this page does not resolve that question.

How long, per the document: The Commission must approve or deny a new-transmission CCN within 180 days of filing (PURA 37.057); its rule gives one year for a complete application, 80 days administratively when the line is uncontested, and 180 days for a line ERCOT designates as critical to reliability (16 TAC 25.101(b)). No fee is stated in the statute or rule.

The ERCOT schedule in stage 2 depends on this: a contested route adds months before the TSP can build.

D. Endangered species without a federal permit: the Section 10 incidental take permit

U.S. Fish and Wildlife Service (Texas Ecological Services field offices)

What you get: An incidental take permit under ESA Section 10(a)(1)(B), with a Habitat Conservation Plan, when a project has no federal permit or funding to carry a Section 7 consultation but is likely to take a listed species.

What goes in: The Service may permit a taking "incidental to, and not the purpose of, the carrying out of an otherwise lawful activity" (16 U.S.C. 1539(a)(1)(B)). The applicant files Form 3-200-56, the processing fee and a conservation plan covering the project, the covered species, measurable biological goals, the anticipated take, the minimization and mitigation program and its funding, monitoring and alternatives (50 CFR 17.22(b)(1); statute at 1539(a)(2)(A)). After public comment the Service must find the take incidental, impacts minimized and mitigated to the maximum extent practicable, funding assured, and survival and recovery not appreciably reduced (1539(a)(2)(B)). Listed Texas species that HCPs commonly cover include the golden-cheeked warbler, the dunes sagebrush lizard and the Houston toad; the Arlington (Fort Worth) field office lists the species in its area and the Austin office publishes its own HCP guidance (Arlington field office; Austin HCP FAQ). The lesser prairie-chicken was delisted in February 2026 after a court vacated its 2022 listing, so it no longer triggers a permit.

How long, per the document: No processing deadline in the statute or rule; in the 2024 rule the Service said it will "develop timelines on a project-by-project basis" (89 FR 26070). The permit's own duration is set in the plan.

The land report flags critical habitat near the point; IPaC (stage 10) lists the species to screen.