Westmoreland supervisors defer Colonial Solar special-exception for 30 days amid wetland, decommissioning and policy concerns

The Westmoreland County Board of Supervisors on April 15 voted to defer a special-exception request for a proposed 4.8-megawatt, 39-acre community solar project on property owned by Davis Corporation.

The deferment motion passed unanimously by roll call after Supervisor Henson asked for 30 days to allow county staff, the applicant and supervisors to address outstanding issues; the board recorded five "aye" votes and no opposition. "I'm gonna ask for it to be tabled for 30 days," Henson said during deliberations.

County staff and the applicant, represented by Keith Morell, project developer with Ironwood Renewables, presented the Colonial Solar proposal and answered questions about setbacks, wetlands, decommissioning and utility interconnection. Morell described the plan as a community solar facility that would connect to a Dominion Energy distribution line at the Oak Grove substation and participate in Virginia’s shared-solar program. "We acknowledge and fully respect that the County is working on their solar policy," Morell said, noting the project was submitted in December 2024 and followed planning commission procedures.

The project team said the array would sit on roughly 39 acres, maintain vegetative buffers, avoid delineated wetlands and include either a 75-foot residential setback or a 100-foot buffer from tidal resource protection areas. Cutter Sindor, the consultant engineer for the project, described two potential access routes to the point of interconnection and noted the developer would pay for electrical upgrades to tie into the local distribution line. The developer estimated the site would generate about $10,000 in annual tax revenue and employ roughly 25 workers during construction.

Speakers at the public hearing urged the board to withhold action until county solar siting policy is finalized. Resident Heather Fanning asked for a moratorium until written rules were in place and said the area already has multiple approved projects, arguing the county’s comprehensive plan contains no solar-specific guidance. "I would like to see a moratorium on all solar until the time that the solar commission comes up with a report," Fanning said.

Neighbors also raised water concerns. Virginia Stumpf, who said her household uses a shallow well, told the board she had not received notice of the applicant’s community meeting and voiced concern that construction and decommissioning could affect groundwater. The applicant said wetland delineations were performed and that the site is not actively farmed but rather in a forested state; the developer also proposed a native pollinator ground cover and said the land would be reversible to forest or agriculture after decommissioning.

Supervisors pressed the applicant on decommissioning assurance and wetlands buffers. Supervisor McCormick said the county’s draft solar policy includes location constraints such as setbacks from roads and dwellings and size limitations but expressed concern about how new rules might affect pending applications. "I don't know. It could end up costing, you know, this company thousands of dollars maybe to change their site plan," McCormick said, asking whether applicants could be grandfathered. The applicant said decommissioning estimates would be prepared by an engineer and that bonds typically include inflation adjustments and periodic reassessments; the developer stated they have not previously completed a full decommissioning of a facility.

Staff clarified buffer rules under the Chesapeake Bay Act and separate protections for upland wetlands: tidally connected waters generally require a 100-foot resource protection area buffer under the Bay Act, while isolated upland wetlands typically have a smaller setback, often 25 feet under state- and county-level practice. Kelly, a county staff member, advised the board that permit coordination with the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality and the Virginia Marine Resources Commission would be needed for wetlands and tidal protections.

John Davis, the landowner, and Robert Vaughn, managing member of Hawthorne Real Estate LLC (an adjacent property owner), spoke in favor of the project, saying it would increase the tax base and provide energy savings for participating Dominion Energy customers. Vaughn submitted a letter of support and urged the board not to change rules "midstream" for applications filed under prior policies.

After discussion, the board voted to defer action for 30 days so supervisors and staff could gather additional information and for the county’s emerging solar policy work to progress. The item will return to the board at the next meeting.