Planning Commission Seeks More Time to Review Solar Facility Regulations

The Botetourt County Planning Commission is seeking additional time to review proposed changes to the County’s zoning regulations governing solar energy facilities, saying more work is needed to ensure the ordinance complies with recent changes to Virginia law while preserving appropriate local protections.

At its August 10 meeting, the Planning Commission unanimously recommended denial of the current proposed text amendments and supported seeking an extension of the existing decision timeline, potentially beyond November 30, 2026. The recommendation is intended to allow the Commission, County staff and the public additional time to review the proposed regulations before a final ordinance is considered.

The Commission’s action does not represent a decision to prohibit solar facilities in Botetourt County. Rather, commissioners indicated that the current draft requires additional review and refinement.

State Law Driving Significant Changes

Recent changes to the Virginia Code limit some of the regulations localities may impose on solar energy facilities. As part of the ordinance review, County staff identified several provisions that must be updated to conform to state requirements.

Among the changes under consideration are revised classifications for solar facilities:

• Utility-scale: More than 1 megawatt and intended primarily for off-site use.
• Minor-scale: More than 20 kilowatts and up to 1 megawatt.
• Small-scale: 20 kilowatts or less.
• Small portable solar generation device: A new classification intended for personal residential use.

State requirements also affect several existing local development standards. For example, the maximum height for solar panels increases from 12 feet to 25 feet, while the required vegetative buffer is reduced from 150 feet to 50 feet. The minimum size of newly planted trees is reduced from 5 feet to 3 feet.

Another significant change is that battery energy storage systems associated with solar facilities are now permitted as a by-right accessory use under state law.

State law also requires utility-scale solar facilities to be allowed through a special-use permit process in commercial and industrial zoning districts.

Additional Local Protections

While certain provisions are dictated by state law, the proposed ordinance also includes standards that would give the County additional authority over how solar facilities are developed and eventually removed.

Among the local provisions being considered are:

• Increased setbacks from wetlands and perennial streams;
• Requirements addressing wildlife corridors and fencing;
• Additional protections for prime agricultural soils and highly erodible land;
• Decommissioning and site-restoration requirements;
• Financial assurances intended to ensure funds are available for restoration;
• Requirements related to soil conditions before construction.

The Commission spent considerable time discussing how solar development should interact with agricultural land and questioned whether land used for solar generation should be considered a truly “temporary” use when a facility could potentially remain operational for several decades. The discussion included concerns about the ability to restore agricultural land after a long period of solar development and whether the ordinance should establish a specific maximum operating period before decommissioning is required.

Decommissioning a Major Focus

The Commission also emphasized the importance of ensuring that solar sites can be fully restored when a facility reaches the end of its useful life.

Discussion included potentially strengthening financial assurance requirements, periodically reevaluating bonds, ensuring financial obligations remain with a property if ownership changes, and establishing baseline soil conditions before construction.

Commissioners also discussed the County’s existing practice of not deducting anticipated salvage value from a decommissioning bond when determining the amount of financial assurance.

The specific requirements for decommissioning, restoration and financial assurances remain under review.

More Public Review Planned

The Planning Commission intends to take a deliberate approach to the next phase of the review.

Commissioners will individually review the proposed amendments and submit written comments to County staff within the next 30 days. Staff will compile those comments for consideration at a dedicated work session scheduled for September 14 at 5 p.m.

The September meeting will be a work session only and will not include public hearings.

The Commission also discussed additional opportunities for public input as the ordinance is refined, including the possibility of surveys, workshops or other engagement opportunities. An additional work session is anticipated in October.

The Commission may also use smaller “two-by-two” meetings involving commissioners, staff and the County’s local-government consultant to work through specific questions and clarify proposed ordinance language.

A Stronger, Legally Sound Ordinance

The Planning Commission’s recommendation to deny the current amendments reflects its conclusion that the draft should not move forward in its present form.

The Commission instead wants additional time to evaluate the proposed standards, incorporate commissioner and community feedback, address questions surrounding agricultural land and decommissioning, and ensure the final ordinance is consistent with both Virginia law and the County’s broader planning objectives.

County staff will request an extension of the current timeline from the Board of Supervisors to provide that additional time for review. The intent is to coordinate the solar ordinance work with the County’s comprehensive plan updates and develop regulations that are both legally defensible and appropriately protective of the community’s interests.

The Board of Supervisors will ultimately consider the Planning Commission’s recommendation and any proposed amendments before changes to the County’s zoning ordinance can take effect.

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