York County shoots down suggestion from 2 council members to revoke Silfab permits
York County cannot revoke Silfab Solar’s permits or force the company to cease its Fort Mill operations, the county said in a news release on Tuesday.
The statement flatly rejected calls from two county council members and their constituents suggesting the county should intervene. A Silfab lawyer sent a letter to county attorneys earlier this month asking leaders to stop pushing those claims because it would be illegal.
The county agreed, saying state law and county ordinance were clear on the issue.
The controversy over the $150 million project started in 2023, when the council approved a 4% tax rate incentive for 30 years and a $2 million state economic development grant. The typical manufacturing tax rate is 10.5%.
County zoning staff said solar cell manufacturing was allowed in light industrial areas, such as the site of Silfab’s facility at 7149 Logistics Lane. The company obtained permits and began construction with this understanding.
Then in May 2024, the York County Board of Zoning Appeals unanimously determined solar cell manufacturing was not allowed in light industrial areas. The county quickly issued a statement saying that ruling only applied to future construction and did not impact Silfab, which was already approved.
Residents have organized since to move the Canada-based company out of their town. They say the types and quantities of chemicals are not appropriate for the area, especially given their proximity to two new schools slated to open next door to the facility.
Silfab is now entangled in two lawsuits that are pending in the South Carolina Circuit Court. One case is appealing the zoning appeals board’s ruling. A second case filed by Fort Mill residents seeks to declare Silfab is improperly zoned and cease construction. A judge declined to halt construction while the cases play out in court.
“Asking the Council to act where it lacks authority and where the Court has declined to act is not viable,” stated the York County statement, which was not attributed to any official in particular.
Council members Tom Audette and Debi Cloninger have said on multiple occasions in recent months they wanted a cease and desist and an audit of Silfab’s tax incentive deal. Neither suggestion has made it onto a meeting agenda.
Council discussed the issue during an executive session on May 19. Attorneys advised county leaders not to publicly comment on the matter because it is in litigation, council chair Christi Cox said. Audette and Cloninger said they wanted to revisit the issue during the June 16 meeting.
“This is a big issue, and, again, we want to make sure that we’re continuing to talk through this,” Audette said during the May 19 meeting.
This story was originally published May 28, 2025 at 5:00 AM.
