HB 2438 (Mundon King) failed to report out of the Senate Commerce and Labor Committee by a vote of 7 yes – 7 no (and one abstention) on the last day for any committee action on bills. HB 2438 would have required that, unless otherwise permitted “by right,” a locality shall require a “special exception” (aka special use permit) for any solar or energy storage project.
Additionally, the legislation mandated 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.
VACo opposed the legislation, noting that counties should not be required to adopt statewide 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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