PENDER COUNTY, N.C. (WECT) – The North Carolina Court of Appeals has upheld Pender County’s decision to deny a special use permit for a 2,360-acre solar farm.
The court ruled Tuesday, June 17, that Coastal Pine Solar, LLC failed to provide sufficient evidence that adequate utilities were in place or being provided for the project.
The company applied for the permit in 2022 to build the solar farm in a rural agricultural zoning district. The Pender County Board of Commissioners unanimously denied the application in September 2022.
The appeals court found the company did not prove existing transmission lines could handle the electricity the solar farm would produce. The company presented evidence that two Duke Energy 230-kilovolt transmission lines cross the site, but did not provide evidence that those lines could currently serve the property.
Coastal Pine Solar said Duke Energy would construct a substation and switching station to connect the project to the grid. The court ruled this testimony was too speculative to meet permit requirements.
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.
Coastal Pine Solar appealed the county’s decision to superior court, which initially sent the case back to Pender County commissioners to review additional permit standards. After the board again denied the permit in July 2023, the superior court affirmed that decision in September 2023.
The company then appealed to the state Court of Appeals, arguing the county improperly denied the application and violated its due process rights.
The appeals court rejected those arguments. The three-judge panel found the county board’s decision was supported by the evidence and did not violate the company’s constitutional rights.
The company had presented expert testimony from six consultants at the 2022 hearing, including engineers and planners. Eight landowners and farmers from the community testified in opposition, raising concerns about land use, aesthetics and water runoff.
Copyright 2026 WECT. All rights reserved.

source