VIENNA — The Maries County Commission has formally denied an application submitted by Vichy Solar LLC seeking permission to construct road crossings and use county right-of-way along Maries County roads identified as 519 and 340 within the county road system.

The denial was issued in a three-page written notice dated Jan. 12 and addressed to Vichy Solar LLC at its Dallas, Texas address. The commission stated that the application, submitted Dec. 22, 2025, failed to establish that the company qualifies as a public utility and did not comply with county road right-of-way procedures.

The notice states, “Your submission does not present information establishing that Vichy Solar, LLC is a ‘public utility’ or ‘public utility right-of-way user’ entitled to the statutory processing protections applicable to such entities. In particular, the application does not demonstrate that the applicant is a regulated public utility, nor does it show present ownership, operation, control or management of facilities within a county road right-of-way in Missouri. Accordingly, the commission has reviewed the application as a non-utility request for permission to use county right-of-way, subject to county procedures and the commission’s discretionary authority.”

According to the notice, the commission, in consultation with the county highway engineer, determined that Vichy Solar did not provide information demonstrating that it is a regulated public utility or a public-utility right-of-way user entitled to statutory processing protections under Missouri law. The commission said the application did not show ownership, operation, control or management of facilities within a county road right-of-way in Missouri and was therefore reviewed as a non-utility request subject to the county’s discretionary authority.

The commission also cited multiple technical deficiencies in the application, stating that required engineering and safety documentation was not provided. The notice lists missing materials including a complete project description, stamped plan and profile drawings, traffic control plans, drainage and erosion controls, floodplain compliance documentation and evidence of insurance and bonding acceptable to the county.

Because those materials were not included, the notice stated county officials could not conclude that the proposed work could be performed and restored without undue risk to roadway structure, drainage or public safety.

The commission cited its authority under Missouri statutes governing county roads and right-of-way management, including provisions allowing the county to regulate or deny installations through, on or under county roads when necessary to protect public safety and infrastructure.

Under Section 229.100, RSMo., installations through, on, under, or across county roads require the Commission’s assent and compliance with reasonable rules and regulations prescribed by the County Highway Engineer. Under 229.320, RSMo., the County Highway Engineer may determine the route, time, method, and manner of such use and, for good cause shown when necessary to protect the right-of-way or public safety, may refuse an application. For public-utility right-of-way users, a political subdivision may deny a right-of-way permit where necessary to protect public health and safety and where the applicant fails to furnish necessary information for right-of-way management, provided the action is competitively neutral, nondiscriminatory, and not inconsistent with matters within the jurisdiction of the Missouri Public Service Commission.

As a non-utility application, the commission also considered public input submitted in connection with the request. The notice states that petitions and public comments raised site-specific concerns related to road safety, traffic and construction access, drainage and erosion, emergency response access and potential impacts on adjacent county facilities and rights-of-way. The commission noted a lack of demonstrated local support for the proposed crossings.

Based on those findings, the commission denied the application on three independent grounds which include failure to establish public-utility status, failure to comply with county right-of-way procedures and consideration of public concerns combined with technical deficiencies.

The commission emphasized that the denial was based on right-of-way management considerations and was not a determination on electric generation technology or the type of project proposed.

The denial was issued without prejudice, meaning the commission may consider a new application if Vichy Solar submits materials that establish its legal status, fully comply with county procedures and provide complete engineering plans sufficient to demonstrate that construction and restoration can be completed without undue risk to public safety or county infrastructure.

The notice was signed by Presiding Commissioner Vic Stratman, Eastern District Commissioner Doug Drewel and Western District Commissioner Pat Kleffner.