HB 711 (Herring) and SB 347 (VanValkenburg) require that, unless otherwise permitted “by right,” a locality shall require and review any “special exception” (aka special use permit) for any application of a solar project one megawatt or more in generating capacity in all zoning districts classified as agricultural, commercial, industrial and institutional. The legislation then mandates specific criteria to be applied to such applications, and they be adopted in local zoning ordinances.
VACo opposes the bills and has requested a veto (see letter).
ACTION REQUESTED
- Contact Governor Abigail Spanberger and ask her to oppose HB 711 and SB 347.
- While there is no mandate to approve such applications, the legislation does require localities to review all such applications, regardless of whether the location of the proposed facility is contrary to local comprehensive plans and land use ordinances, and … furnish the State Corporation Commission a record of special exception decisions reached pursuant to this section not more than 60 days after such decision is made. The record shall include (i) the reason for any adverse decision, (ii) any finding of nonconformity with the local comprehensive plan, and (iii) the date of the last revision to the comprehensive plan.
KEY POINTS
- VACo supports maintaining local authority to address all impacts and all choices associated with utility-scale installations of solar power.
- Projects vary in size and potential impacts on agriculture, forests, and local waterways. Virginia’s counties have responsibly reviewed and approved such applications to address such impacts with the input of all relevant stakeholders.
- According to the UVA Weldon Cooper Virginia Solar Dashboard, since 2013 Virginia localities, in working with developers to address all stakeholder concerns, have approved 397 utility-scale solar projects with total of 16,996 megawatts of rated capacity for an application approval rate of 77.8 percent.
KEY CONTACT
VACo Contact: Joe Lerch, AICP