Attorney General Alan Wilson Seeks Clarification on Silfab Solar Plant Zoning

South Carolina Attorney General Alan Wilson is seeking answers from York County Council regarding the permitting process for the Silfab Solar facility, a site currently under state-mandated closure following multiple chemical leaks.

In a formal inquiry, Wilson cited persistent confusion among residents and parents concerning how the facility obtained its current zoning and operating permits. As the state’s chief legal officer, the Attorney General has requested a detailed breakdown of the administrative steps York County took to authorize the facility’s presence near local residential and school zones.

The full contents of the letter, addressed to Chairwoman Christi Cox of the York County Council, are provided below for reference:

Following the recent incidents at the Silfab facility in York County, my Office continues to receive questions from concerned citizens regarding the status of Silfab’s zoning in York County.

As I have reviewed these questions, there appears to be some confusion over the status of some of Silfab’s manufacturing operations under its present zoning. Much of this confusion is due to an ongoing lawsuit in York County Circuit Court that arises out of a decision from the York County Board of Zoning Appeals. That zoning board previously determined that solar cell and panel manufacturing at Silfab’s facility were nota permitted use under the facility’s zoning as a Light Industrial district. In response, Silfab appears to contend that York County itself previously verified that solar cell and panel manufacturing were permissible under the facility’s zoning as a Light Industrial district.

In an attempt to provide some clarity about this situation, I’d respectfully ask that you answer the following questions.

1. Did York County follow the standard permitting process for the construction of the Silfab
facility?

2. As part of that permitting process, did Silfab seek a zoning permit from York County?

3. As part of the zoning process, did York County ever formally conclude that solar cell and panel manufacturing are permissible under Silfab’s zoning as a Light Industrial district?

4. If so, who made that decision on behalf of York County?

5. If that decision was made by an employee of York County, did York County Council ratify that decision?

6. At any point in time, has Silfab requested a variance from existing zoning or rezoning?

7. What effect, if any, should be given to the York County Board of Zoning Appeals’ decision?

8. Has York County issued any additional permits to Silfab following the Board of Zoning Appeals’ decision?

As the Chief Legal Officer of the State, like many other concerned citizens, I would like to understand the process of how Silfab received their current zoning and permits. I have the utmost respect for York County Council, and I trust you agree that citizens deserve answers to these questions about the zoning of Silfab’s facility. Finally, given the importance of this issue to York County and its residents, I’d respectfully urge the parties to the ongoing lawsuit in York County Circuit Court to request that the court expedite the pending litigation so that a decision can be reached as soon as possible.

Sincerely,

Alan Wilson
South Carolina Attorney General

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