HB 711 (Herring) and SB 347 (VanValkenburg) direct 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 be adopted in local zoning ordinances. The legislature accepted several minor technical amendments proposed by the Governor (see See Governor’s Recommendation).
VACo opposed the legislation and requested a veto.
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.
VACo Contact: Joe Lerch, AICP