HB 2438 (Mundon King) requires that, unless otherwise permitted “by right,” a locality shall require a “special exception” (aka special use permit) for any a solar or energy storage project. The legislation then includes the following criteria to be adopted in local zoning ordinances:
- Setback distances between (1) 150 and 300 feet from houses on adjacent properties; (2) 50 and 100 feet from any state-maintained road; and (3) 50 and 100 feet from edged of streams.
- Vegetative visual screening requirements shall not be required to exceed between three and four 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.
ACTION REQUIRED – Call members of the Senate today to oppose HB 2438.
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.
VACo Contact: Joe Lerch, AICP
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