State May Restrict Local Control of Solar Farms
As reported in the February 7 edition of Happenings Around the Blue Ridge the Clarke County Board of Supervisors voted unanimously to amend the zoning ordinance to effectively prohibit future solar farms for fear that they take away land needed for agricultural farms.
The Virginia legislature is now considering a law that would prohibit such county action.
A bill introduced by Senator Schuyler VanValkenburg, (D-Richmond) would prevent localities from passing ordinances that ban development of solar projects within their boundaries.
Many environmental groups and energy companies argue that Virginia must speed up its adoption of solar energy and other renewables to meet the mandates of the 2020 Virginia Clean Economy Act, which requires that Dominion Energy submit proposals to regulators for 3,000 megawatts of solar in Virginia by the end of 2024. County laws, policies, and programs prohibiting solar farms significantly slow the adoption of solar energy.
However, local governments argue that the VanValkenburg legislation usurps their authority to make land use decisions having immediate local impacts, such as the loss of agricultural and forested land.
A February 12th article in the Virginia Mercury by Charlie Paullin quotes Joe Lerch, policy director for the Virginia Association of Counties, “counties should have the authority to decide with input of their landowners and their citizens and balancing those property rights of everybody.”
The VanValkenburg bill seeks to prevent localities from adopting outright bans on solar projects by declaring they must be permitted as a special use with the caveat that bans would be allowed if a solar facility takes up more than 4% of the county’s land. The bill also noted local governments would not be required to approve an application or be prevented from requiring a developer to provide tree cover and stormwater management plans.
Currently, Lunenburg and Clarke County have outright solar bans, while the counties of Henry, Mecklenburg, Pittsylvania, Isle of Wight, and Nottoway impose various limits on the amount of land that can be used for solar.
The bill cleared the Democratic-controlled Senate Local Government Committee on a 9-6 vote, “crossed Over” and is under consideration in the House of Delegates. |
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