Planners set public hearing on power-plant stack-height amendment after Tenaska request; waiver language added

Fluvanna County Planning Commission on Sept. 9 voted to advertise a zoning-text amendment and public hearing to change maximum chimney/stack-height allowances for power production plants, a change requested by Tenaska Power Generation LLC and related applicants.

County staff read the existing code language and the proposed change for commissioners. Under current county code, the ordinance allows a stack height equal to "the lesser of 145 feet above ground level or the height determined by good engineering practice as determined by the State Air Pollution Control Board or the Department of Environmental Quality." The proposed amendment would raise the stated allowance and add a cap; the packet draft suggested a 199-foot maximum and a 230-foot absolute cap in limited circumstances.

The commission discussed drafting and process concerns raised by residents at recent community meetings and by commissioners. Tenaska's representative told the commission the current phrase in the ordinance — "the lesser of" — constrains the company because the plant's taller structures require a taller stack to meet air-dispersion modeling. As the company's engineer explained, "as the taller of these structures go, the taller of the stack we need," and the stack height is an input to state air-quality modeling used for permitting.

Commissioners and the applicant discussed alternatives to a countywide numeric cap. Several commissioners suggested adding language similar to the county's solar ordinance that would allow the Board of Supervisors to waive or modify the height requirement as a condition of a special-use permit, rather than fixing a single countywide number. County counsel confirmed the commission could advertise amended language; the commission added attorney-suggested waiver language to the motion.

Action taken: Commissioner Dorsey moved and Commissioner Kilpatrick seconded a resolution to advertise a public hearing on Oct. 7, 2025, for ZTA 25-09 to amend Section 22-17-16. The motion included the county attorney's suggested language to allow the Board of Supervisors to grant waivers or modifications of the height requirement as part of the SUP process. The motion passed on an aye voice vote.

Commissioners said they want additional community engagement and technical detail on air dispersion, visual impacts and lighting (FAA/aviation lighting if stacks exceed certain heights). Staff noted that the Department of Environmental Quality will consider stack height as part of the air-permit application and that any final DEQ determination would become part of the air-permit record.

Next steps: The commission will hold a public hearing on Oct. 7, and the Board of Supervisors will consider the recommended text change and any waiver language. If the text amendment is adopted, project-specific stack heights would be established through the permitting record and, where applicable, SUP conditions and any waivers the Board grants.