Bandera County officials clarified their position on the Rio Lago Solar project at the February 13 Commissioner’s Court meeting, with Commissioner Jack Moseley stating that the county does not have the authority to stop the project despite vocal opposition.
“I want to respond to the last Commissioner’s Court on 1/23 open forum, mostly for the gals that are here,” Moseley said, motioning to community members who had spoken at the previous meeting. “I don’t want it here. I don’t think any of these Commissioners want it here, and I don’t think there’s anyone in this room that wants it here. But, we the County cannot stop it. Ok? Simple.”
The Rio Lago Solar project, under construction on FM 3240, has raised concerns among landowners and community members who argue that the 303,000 solar panels to be installed on 1,043 acres could harm local landowners, the environment, and the historical character of Bandera County.
At the heart of the controversy is Pine Gate Renewables, the North Carolina-based company overseeing the project.
Moseley went on to explain the county's limited role in the solar farm’s development, stating that despite their opposition, state law prevents the county from halting the project.
'I wrote a resolution against the solar farm back on 3/10 of 22,' Moseley said. 'It’s amazing how what I wrote in 22 is exactly what you all said two weeks ago.'
Moseley recalled a conversation with community member Patti from two years ago. 'I told them that there was nothing the County could do,' Moseley said. 'Patti called me a liar, said yes you can, I work for the City of San Antonio that says you can do this, this, this, and this. I told her then, no, Counties cannot do that. Cities can do that. HOAs can do some things too. Counties do not have the authority from Austin to do what ya’ll want done. Cut and dry.'
Moseley also referenced a document from Pine Gate, which indicated that Bandera County does not have zoning ordinances or regulations for solar sites. “The Bandera County Clerk’s Office could provide no information about the County requirements for regulating solar sites,” Moseley read from the document. “The subject property is not located in any municipal boundaries, therefore no municipal regulations, zoning ordinances, or permitting required would apply to the proposed project.”
Despite this, Moseley said the county had attempted to work with Pine Gate to address community concerns.
“We agreed to set back the solar panels and plant trees and shrubbery in front of them,” Moseley said. “But I have since been told they have spent so much money on fines, none of that is going to happen. I am still arguing with them about that. Only the panels will be set back.”
Moseley also pointed out that state law further limits the county's power. He referenced a 2023 article from the Texas Tribune highlighting how Texas counties lack the authority to ban solar farms. He also cited a May 10, 2024 opinion letter from the Texas Attorney General, which affirmed that property rights allow owners to do as they wish with their land.
“That’s pretty current how government works,” Moseley said. County Judge Richard Evans also weighed in on the situation, explaining that he was first made aware of Pine Gate’s interest in the area in 2022, when the company was seeking a tax abatement.
'The first time I heard about Pine Gate, the County Clerk said they’re looking for a tax abatement policy, which we do not give tax abatements,” Evans said. “They didn’t come to see me. I had to go down there and say, what are you all doing? They’d already leased the property and started the process. I told them, well we don’t want you here. We really do not want you here.'
Evans emphasized that while Pine Gate may have received federal subsidies for the project, the county cannot prevent its construction.
“They can do whatever they want with it. We can’t stop that,” Evans said. 'There will be at least some tax revenue, but the downside is much greater than the upside.'
The meeting also addressed concerns regarding potential environmental impacts. Moseley noted that there has been debate about the location of the solar farm on historic Indian burial grounds, though the Bandera Historical Commission disputed that claim.
'The property owner reported that if the solar project does not go through, then a subdivision is in the plans, a subdivision that will include 90 wells,” Moseley said, referring to concerns about water usage in the area. Bandera County Fire Marshal Jason Rutherford addressed concerns about the project’s potential fire hazards.
“Since the burn ban was instituted on January 9, the workers at Rio Lago have been grinding instead of burning,” Rutherford said. 'There’s no evidence of them burning. They’ve been grinding.' Rutherford also discussed the issue of battery storage, which could pose a risk if it is introduced to the site. “If there is [battery storage], I’m looking to get with you all about NFPA 855 where we can hold them accountable on strict building of the battery storage facilities,” Rutherford said.
District Superintendent for TxDot, Andres Gonzales, explained the department’s involvement with the project, particularly regarding traffic control.
“I’m in charge of driveway permits for four counties. My job is to make sure that driveways are placed in areas that are safe,” Gonzales said. He highlighted some safety concerns with turning radiuses on the construction site and noted that changes had been made to improve the situation.
“Pine Gate has been collaborating on what our concerns are, and they’ve been making the changes for some improvements,” Gonzales said.
Despite the ongoing concerns, Moseley pointed out that Pine Gate had already submitted their development plans to the county.
'They’ve already volunteered to do that,' Moseley said, referring to the company’s willingness to attend future community meetings.
The meeting grew heated when community members criticized the county’s handling of the situation. Carrie Crumrine, a vocal opponent of the project, urged the court to consider the National Environmental Policy Act, which requires a broader environmental impact study for projects receiving federal subsidies.
“This project, Pine Gate, has our tax dollars, federal subsidies,” Crumrine said. 'They did not do the study, and they know it, and they want us to shut up because now we know it.'
Crumrine also raised concerns about the project’s water usage. 'The solar panels do take water—300,000 panels need to be washed,' she said. “This might be more water than that subdivision, Jack. So they do want water. Thank God the water board turned them down on that permit.”
Other community members, including Natalie Harrington, criticized the lack of transparency and what they saw as a backdoor deal with Pine Gate.
“This affects all of us from water contamination because they did not do an EPA test, ever, which was required by the State of Texas in the first place,” Harrington said.
Harrington, who called on the commissioners to take action, also warned of potential dangers from the solar panels in extreme heat.
'What happens in 20 years or after a wind storm when it’s a mess?' she asked. 'Are they being held responsible?'
Evans responded by emphasizing the county's limited ability to influence the project. “We’ve exercised all the authority we have to curtail the development as far as I know,” Evans said. 'If there is something else out there, tell us.' Despite the tension at the meeting, Moseley reiterated the county’s position that they could not prevent the construction of the solar farm, stressing the limitations imposed by state law and federal subsidies.
'We’ve asked the legislature every session to give us some authority about land development,' Moseley said. 'The biggest clog we have is higher up in the hierarchy in state government because they want everything to be controlled out of Austin.'
As the meeting concluded, Judge Evans suggested that residents contact state legislators to push for more local authority. 'I would suggest you call Pete Flores and say hey, please give us authority,' Evans said. 'The lobbyists provide a lot of money to legislatures for campaigns. We don’t have money to provide, so we get short-changed.'
The Rio Lago Solar project, owned by Pine Gate Renewables, is expected to be completed by mid-2025. The project will involve the installation of 303,000 solar panels on 1,043 acres leased from a private landowner.
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