South Carolina Attorney General Confirms York County Council Has Authority to Revoke Silfab Permits

silfabmove
Jan 13
2 min read

A letter from the South Carolina Attorney General confirms what concerned residents have said from the beginning: York County Council does have the legal authority to revoke permits issued to Silfab Solar when public health and safety are at risk.

For months, York County residents were told through county staff statements and an official county news release that Council’s hands were tied. The public was repeatedly told that Council lacked authority to revoke Silfab’s permits and could not act because of pending litigation.

That statement was false.

Attorney General: Council Retains Power to Act

In clear, unambiguous language, the Attorney General explains that zoning decisions are a legislative function and that protecting public health and safety is a paramount concern of local government.

The letter confirms that:

York County Council retains police power authority to act when a permitted use threatens health, safety, or welfare
Reliance on previously issued permits does not override Council’s authority
There is no absolute vested right in a permit when credible safety risks exist

This legal analysis directly contradicts York County’s May 27 public statement, which told residents that Council had no power to revoke permits and that asking Council to act was “not viable.”

Council Was Given Incorrect Information

The Attorney General’s letter makes clear that York County Council was misled.

This matters because the York County Board of Zoning Appeals issued a unanimous ruling that Silfab’s proposed use does not belong in a Light Industrial zoning district. Despite that ruling, county staff continued issuing permits anyway.

At the same time, residents were told Council could do nothing.

That narrative is now officially disproven.

Independent Studies Confirm Real Safety Risks

Since the BZA ruling, independent health and engineering analyses conducted by the University of South Carolina have confirmed that Silfab’s facility presents real and credible risks, particularly due to its proximity to schools and nearby neighborhoods.

These findings reinforce the Attorney General’s position that Council not only has the authority to act, but also a responsibility to act when public safety is at stake.