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Surry County adopts updated solar ordinance with grandfathering clause

5379341 · February 13, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Surry County Board of Supervisors approved an update to the countysolar ordinance that adds application requirements and performance standards, sets a 7% parcel cap, and allows the board to grant waivers; the board also included a grandfathering clause for projects already in progress.

The Surry County Board of Supervisors on an affirmative vote approved amendments to the countysolar ordinance (Ordinance 2025-01), adding new application requirements and performance standards and including a grandfathering clause for projects already in the review pipeline.

The ordinance implements changes recommended in SurryCountystaff and the planning commissionand is intended to align the zoning code with the countycomprehensive plan adopted in 2023. Planning staff said the update organizes existing rules, requires additional application materials and establishes performance-based standards including setbacks, buffers, a project liaison, independent engineering review, and construction bonding.

Wayne Wade, Surry County planning director, told the board the amendment reorganizes and tightens requirements: "We're placing new requirements in the application, adding areas to project narrative, concept development plan, community impact assessment, transportation and traffic control plans, cultural and historic plans, landscaping and buffering, community meeting requirements," and creating the authority for the board to grant waivers where warranted.

The ordinance sets a 7% limit on parcel acreage that may be used for solar, a figure Wade said implements the countycomprehensive plan (the plan referenced a 10% target but no more than 10%). The draft also establishes a 300-foot typical setback from public rights of way or property lines for certain projects, while preserving the board's discretion to modify or waive requirements for projects that meet the countygoals.

Supporters at the public hearing said the new requirements provide clarity for developers and better protections for neighbors. Diane Cheek of the Missouri District told the board, "The planning director and the planning commission has worked diligently to develop this ordinance that provides much improved requirements for the solar projects in our county." Industry speakers including Blake Cox of Energy Right recommended more flexibility on setbacks for small landowners and suggested a 150-foot starting point with the ability to scale up.

County staff told supervisors the planning commission recommended approval (10-0). The board motion to adopt the ordinance as presented, including a grandfathering clause to preserve the review standards for projects already in process, passed in roll call with the recorded votes shown below.

The ordinance change is aimed at balancing the countycomprehensive-plan direction, protecting rural character, and providing a transparent permitting path for utility- and community-scale solar projects.

Local officials said the change is intended to reduce uncertainty for applicants and to give the county tools to require traffic plans, visual mitigation and financial surety where needed. Wade noted applicants may still request modifications or waivers from the board on a case-by-case basis.

The boardvote followed a public comment period in which witnesses ranged from homeowners and farmers concerned about setbacks, buffers, stormwater and long-term impacts to developers arguing the county should avoid overly prescriptive limits that would block future renewable projects.

The ordinance becomes effective with the countyenactment procedures; the adopted package also includes language to grandfather pending applications so that applicants who had submitted or were in active review before the effective date remain subject to the prior requirements.

Votes at a glance: the ordinance amendment (Ordinance 2025-01) was approved by recorded 'yes' votes from Supervisor Earl Pierce and Supervisor John Calhoun; Supervisor Hardy recorded a 'no' vote. (Other members were present but not recorded by name in the roll call excerpt.)