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Board approves rezoning of Haney property to Conservation after public questions about easement and solar project

5427878 · July 18, 2025
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Summary

The board rezoned the Haney parcel to Conservation to align zoning with longstanding agricultural use and a recorded preservation easement. Neighbors raised concerns about potential future solar development; the owner said the current rezoning corrects a zoning error and complies with the recorded easement.

The Nottoway County Board of Supervisors voted in favor of a conditional rezoning request for Sean and Kathy Haney (tax map 17-93) on July 17, approving a change to Conservation (C-1) to match the property's historic agricultural use and the terms of a preservation easement.

Planning staff said the property has been farmed for generations and is subject to a historic preservation/conservation deed held by a national preservation trust. The application asked that the county zoning reflect current and historical use; staff recommended approval. "This should be rezoned to conservation as good planning practice," a planning staff member told the board.

Neighbors spoke at the public hearing expressing concern about a possible future solar project and about the effect of rezoning on the preserved land. Clarence Hawks, Jr., who owns adjacent property and whose land abuts the onsite cemetery, asked that the county ensure access and protection of the cemetery. Another neighbor, who said the gift to the National Trust included open-space and preservation easements, urged the board to consider the trust's intent.

Sean Haney addressed the board and said the rezoning was intended to correct a mistaken zoning designation and that the recorded easement controls future uses; he said the request complied with the easement. Planning staff told the board the National Trust and state code (Code of Virginia —57-27.1) preserve rights of family members and descendants to access cemeteries on private land and noted that the trust had to be consulted for any alterations.

After discussion the board voted to approve the rezoning; the motion passed with recorded support from the board. Staff said the property will remain subject to the preservation easement and that future projects (including any solar proposal) would be subject to additional state and local review and any required approvals from the easement holder.