By votes of 63-33 and 21-17, HB 711 (Herring) and SB 347 (VanValkenburg) passed in the House and Senate. The bills require that, unless otherwise permitted “by right,” a locality shall require a “special exception” (aka special use permit) for any a solar project one megawatt or more in generating capacity.
ACTION REQUESTED
- Contact House of Delegates and Senate members now to Oppose HB 711 and SB 347.
The legislation then includes the following criteria to be adopted in local zoning ordinances:
- Setback distances between (1) 150 and 200 feet from houses on adjacent properties; (2) 50 and 100 feet from any state-maintained road; and (3) 100 and 250 feet from edge of streams and wetlands.
- Vegetative visual screening requirements shall not be required to exceed between three feet at planting and shall allow for consideration of preexisting natural or manmade visual barriers.
- Maximum 25-foot height for solar panels, except in cases where a height variance is necessary to allow for agrivoltaics activity below or in proximity to the panels.
While there is no mandate to approve such applications, the legislation does require localities to … 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, wind power, and energy storage facilities.
- Counties should not be required to adopt state-wide criteria for the review and approval of solar and energy storage facilities in local zoning ordinances.
KEY CONTACTS
- House of Delegates (House Emails 1 | House Emails 2)
- Senate of Virginia
VACo Contact: Joe Lerch, AICP