On May 13, 2026, Sands Anderson PC, in partnership with the Berkley Group and VACo offered a webinar on Practical Law for Civic Leaders regarding Solar and Battery Storage in Virginia. The purpose of the webinar is to inform Virginia localities on the following legislation signed into law and effective July 1, 2026:
HB 711 (Herring) / 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 requires that they be adopted in local zoning ordinances. 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.
HB 891 (Shin) / SB 443 (McPike) make utility-scale Battery Energy Storage Systems (BESS) a by-right use on any parcel that has previously been approved for utility-scale solar and that is subject to an approved special use permit, or any other similar approval issued for a solar facility. The legislation specifies that the by-right battery facility may not exceed 100 percent of the nameplate generating capacity of the associated solar facility.
In addition to taking away local decision-making, the new law specifies that the addition of the battery energy storage project shall not alter, reduce, or otherwise affect any (1) payment obligations, financial commitments, or other terms contained in the existing special exception associated with the siting agreement for the approved solar project or (2) the state-mandated local tax exemption from which the approved solar project benefits.
To download a recording of the session click here.
To access a copy of the slideshow and the legislation click here.
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VACo Contact: Joe Lerch, AICP