Northampton County adopts revised solar ordinance with 2.5% countywide cap, $10,000 daily fine and citizen reps

The Northampton County Board of Commissioners on Wednesday adopted an amended solar energy development ordinance that sets a 2.5% cap on solar density calculated from total county acreage, raises the proposed daily fine for construction-waste violations to $10,000 and adds one citizen representative from each district to the county's community benefits group.

The action came at the close of a public hearing and follow-up discussion about a draft ordinance and related appendices that residents say do not adequately address burning of construction debris, decommissioning, and community compensation. Commissioner Keith Edwards made the motion to adopt the ordinance with the three stated amendments; the motion included a statement that the ordinance is consistent with the county's comprehensive land use plan and was approved by the board.

The change to a countywide acreage base was a central point of debate. Jason (planning staff) told commissioners he used figures from the NC State Extension Office; the draft previously had measured the 5% cap against agricultural acreage only. Under the amendment, 2.5% of the county's total acres (cited in the staff packet as 352,415 acres) yields a cap of about 8,810 acres. Commissioners said the county currently hosts roughly 8,627 acres of solar facilities, leaving a narrow buffer of approximately 183 acres under the new cap.

Sylvia Vincent, speaking for Citizens for Solar Farm Limitations in Northampton County, urged the board to strengthen the construction waste management plan and called current enforcement measures insufficient. "The draft says it ensures the protection of health, safety, and welfare. But it does not exist in the construction waste management plan you have been asked to approve," Vincent said, citing repeated open burning after the 6 p.m. stop time and a proposed $100 fine that she said would be ineffective.

Debbie Davis, who identified herself as a farmer, told the board the state Legislature was considering change through House Bill HB 729 that could reduce property tax exclusions enjoyed by solar companies and asked commissioners to take county-level steps to protect farmland. "Right now they get 80% exclusion and they are talking about lessening that over time," Davis said.

Resident Tim Holloway and community advocate Alquois Shipi urged caution and wider community representation. Shipi said the moratorium on new solar permits is due to expire soon and asked the board to limit new development to roughly 8,000 acres and to secure outside legal counsel familiar with environmental and decommissioning standards. "We're already saturated," Shipi said. "We're not going to accept more. We're not going to be the dumping ground for solar farms."

County Attorney (unnamed) advised the board that any motion approving the ordinance must include a statement about whether the proposal is consistent with the county's comprehensive land use plan; the motion adopted by the board included that statement. Commissioners also discussed and requested staff follow-up to find environmental counsel to review the draft and to keep the ordinance, inspections and enforcement on monthly agendas until outstanding issues are resolved. Commissioner Keith Edwards agreed to recommend an attorney to the board.

Board members also discussed enforcement specifics raised by residents: whether burn piles are tended to reduce smoldering, whether fines are sufficient to deter violations, and the practical limits on requiring 100% recycling of construction debris where local markets and processors may not accept all material types. Jason said some recycler/processor facilities have restrictions on what they accept, which affects what percentage of debris can reasonably be recycled.

At the vote, commissioners signified approval by voice; the board's vote was recorded in the meeting as in the affirmative and the chair declared the motion carried. The board instructed staff to return with follow-up work, including attorney recommendations and periodic agenda items to monitor implementation.

The ordinance amendments are effective upon adoption by the board, and the record shows the board also asked staff to refine the draft's language on burning, decommissioning timelines and community benefits to address the concerns raised in public comment.

The public hearing and vote addressed a single agenda item: proposed amendments to the Northampton County solar energy development zoning ordinance. Commissioners said they are prepared to amend the ordinance further after review by environmental counsel and additional community input.