The Mathews County Board of Supervisors opened a public hearing on a proposed zoning text amendment that would exclude ground-mounted solar farms (solar arrays that send electricity off-site) from the county’s definition of "utility use — major." After public comment and discussion among supervisors about legal vulnerability and definitional clarity, the board voted to refer the amendment back to staff and the county attorney for redrafting.
Planning staff explained that the planning commission unanimously recommended the amendment (application 2025000046) to change section 175-22 and related conditional-use language so that "utility use — major" would exclude ground-mounted solar farms and arrays. The change would leave rooftop and on-site residential solar (referred to as utility use — minor) allowable while removing a path for large commercial solar projects that export power off-site under the county’s major-utility definition.
At the public hearing, no speakers signed up specifically for the text amendment, though several people later offered general comments about solar technology and batteries. Supervisor Phillips and others said the proposed language was broad and could trigger legal challenges; they pressed staff to define "major" versus "minor," to clarify whether subdivision or school-owned on-site arrays would be affected, and to craft wording that would survive judicial review or state statutory constraints. Supervisor Cohen and others suggested a prohibition-style wording or a more specific, restrictive definition rather than a broad exclusion to reduce ambiguity.
After discussion the board voted (by roll call) to refer the text amendment back to county staff and the county attorney for further review and possible rewording; the motion carried with a majority of supervisors voting to send the item back for clarification. Supervisor Walls voted against the referral. Board members indicated they intend to craft language that more precisely defines "major utility use" and clarifies the treatment of on-site arrays for institutions such as schools and subdivisions.
The referral does not adopt the amendment; staff will return a revised draft and the county attorney’s guidance before another public hearing is scheduled.