PENDER COUNTY N.C. (WECT) – The North Carolina Court of appeals upheld Pender County’s decision to deny a special use permit for a 2,360-acre solar farm that would occupy Burgaw, Columbia and Union townships. 
In July 2023, the Pender County Board of Commissioners unanimously denied a permit request for the solar farm and Coastal Pine Solar, LLC took the denial to the North Carolina appellate court. 
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The appeals court ruled on Tuesday, June 17 that the company failed to provide sufficient evidence that adequate utilities were in place or being provided for the project. Specifically, they could not prove existing transmission lines could handle the electricity the solar farm would produce.
The court also noted concerns about drainage. The Pender Soil and Water Conservation Director testified at a 2022 hearing that the land had been removed from agricultural use due to wetland designation. No evidence was presented about measures to offset water runoff from clearing 2,300 acres of timberland, according to the ruling.
The three-judge panel found the county board’s decision was supported by the evidence and did not violate the company’s constitutional rights.

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