The public hearing on August 5 will likely be the deciding factor in whether Marfa will concede 4 acres of residential land to a large unmanned electrical facility proposed by AEP.

AEP plans to relocate and expand the local distribution substation, currently located on Oak Street across from the Ice Plant, but it will require a zoning change from R-1 Residential to I-Industrial.

Such downzoning is not the norm in American cities. It is rarely, if ever, done. Over the past century, zoning has regulated development in most every city and town across the country. One of its top priorities is to separate residential properties from industrial ones to protect the safety and well-being of people in their homes. This protection has led to housing investment becoming the anchor of many Americans’ financial stability, including many Marfa residents.

Zoning is the primary planning tool used in Marfa. To abandon it in this case will discredit the city’s efforts to enforce zoning rules on individuals when the primary purpose is abandoned for a large corporation like AEP, which possesses far more resources and tools at its disposal. AEP needs to play by the same rules as everyone else in town.  

Within the city limits, all property owners must conform to the zoning ordinance. Buildings and fences are regulated in location, form and height, and there is little any property owner can do about it. As a member of the Planning and Zoning Commission, we hear from many frustrated property owners, and we recently amended the zoning ordinance to allow for more flexibility where we could.

But to go from a 30-inch corner-fence height restriction on one side of the street to a full city block of 30-foot tall electrical infrastructure with security fencing and 24-hour lighting hardly seems like a fair deal. Residential property owners and renters presume their investments are safe and their quality of life will continue as before in the places they live. This is the fundamental purpose of zoning in the United States. Undermining this reality of American life should only be done in dire circumstances of absolute necessity.

Reliable electricity is essential for modern life, and no one is disputing its importance. However, the proposed site is just that – proposed. AEP has yet to purchase the property, and for good reason. They understand that it requires an unprecedented downzoning in an area where people have lived for decades and others, including myself and several neighbors, have invested substantially in renovating the adobes there, believing that there is historic and cultural value in the older structures that were built by the original Marfa residents.

According to Fred Guerrero, AEP’s external affairs manager, the company won’t even invest in rudimentary planning until the rezone is approved, which keeps all of us in the dark as to what will end up being constructed there.

AEP is a regulated utility with budgets and powers well beyond those of any resident and even city governments. They agree to provide power for regions and communities and make a healthy profit doing so. In this instance they are not constrained in any way to build a new substation on that particular property. In fact, they possess the power of public domain, which they often use in running transmission lines.

Marfa, on the other hand, is constrained by its current city limits, and can never replace or acquire new residential land.

The truth of the matter is that the new location is merely expedient for AEP. Distancing the new substation from people’s houses (in the city or county) will not hurt the company or the jobs of its local employees, who we count as friends and neighbors. According to Guerrero, at a cost of $7-10 million, the budget will not be significantly affected by an alternative location.

By denying the rezone, the city is only asking AEP to find a location that does not adversely affect Marfa residents. Will there ever be a perfect location for the substation? Maybe not – but there are those that will do less direct harm. A denial from the City Council only means that AEP will have to look for another property, many of which can be found with a cursory search and a few phone calls just outside the city limits. City residents and even county officials are already striking deals with landowners to find them. The problem is that they won’t be seriously considered or pursued unless City Council denies the rezone.

Contrary to many rumors around town, an alternative site will also not affect the reliability of service. Guerrero pointed out at a public hearing that power outages experienced in Marfa are caused by generation and transmission issues that cannot be mitigated by even the newest local substation.

AEP has a very close association with the city. Its investment in the expansion in electrical capacity is banking on the growth and success of Marfa over the coming decades. The company owes it to the Marfa community to expand its search and find properties with fewer negative consequences before asking to permanently blight a section of town that will otherwise evolve into a peaceful enclave of restored adobes and additional housing for the city.

The proposed substation will permanently mar the landscape, lower quality of life, devalue properties, and discourage future development on the east side of town. And for the rest of the city, it will be visible from Highland Street and other points across town.  

City Council members should listen to the many citizens who have spoken up, written letters, and signed petitions about this issue, including the recommendation to deny the request from the Planning and Zoning Commission. The city is not responsible for making things easy for AEP. But it is mandated to enforce zoning in a fair and equitable way for everyone and every entity operating within the city limits. It risks much by skirting this duty. 

Stephen “Chick” Rabourn
Planning & Zoning Commission Chair
Marfa