The Franklin County Board of Supervisors on Dec. 16 declined to overrule a Planning Commission denial of a proposed 5‑megawatt utility‑scale solar facility on privately owned land along Virgil H. Goode Highway.

The project’s developer, represented by land‑use counsel Anne Veil Cosby and project lead Brid McCone of Innovatus, had appealed a Planning Commission finding under Code of Virginia §15.2‑2232 (the "2232 conformance review") arguing that staff had carefully analyzed the county comprehensive plan and concluded the proposal was substantially in accord with plan policies and the county’s recently adopted utility‑scale solar siting policy. Staff’s written report recommended the project meet the comp‑plan and policy criteria, including environmental screening, buffer design and a decommissioning bond.

At the Planning Commission hearing on Oct. 14 the commission voted 3–2 to deny, and the applicant asked supervisors to overturn that decision. During the Dec. 16 hearing, applicants described a 35‑acre array footprint (within ~168 acres of parcel), stormwater and erosion controls, a decommissioning plan with a bond to be reviewed by the county attorney and promises of using local union labor and pollinator‑friendly ground cover. The applicant also offered a voluntary $125,000 local payment and revenue‑share commitments.

Opponents from the community, including nearby landowners and local elected officials, argued the development would convert productive or generational farmland, could degrade soils and hydrology, reduce property values, harm scenic rural character and pose long‑term decommissioning risks that may leave land unusable. Several residents and a state senator submitted letters urging denial; concerns were raised about removal of public hearing signage and the use of out‑of‑state LLCs.

After legal counsel framed the narrow standard for 2232 review — whether the proposed public utility facility's general location, character and extent are "substantially in accord" with the adopted comprehensive plan — the Board debated whether the Planning Commission had explained why its decision conflicted with professional staff findings. A motion to overrule the Planning Commission and approve the project was put to a roll call and failed (vote: 1 yes, 5 no). As a result, the Planning Commission’s denial stands and the Constitution Solar project is disapproved at this stage.

Board members said the decision reflects the conformance standard and community concerns; applicants may revise and return or pursue other statutory avenues. Staff retained responsibility for ensuring any future proposals meet county standards for decommissioning, stormwater, and screening.