Sumter County grants first reading to tighter solar‑farm rules, including 200‑ft setbacks and 125% decommissioning surety

Sumter County Council on Nov. 14 granted first reading to ordinance OA‑23‑01, which would change how the county regulates large photovoltaic solar facilities and some accessory solar systems.

Planning Director Helen Roodman told council the proposal would make primary ground‑mounted solar energy systems (NAICS 221114) a special exception in the Agricultural Conservation, Conservation Preservation, Light Industrial‑Warehouse and Heavy Industrial districts, while accessory photovoltaic systems would be processed as a staff‑level conditional use. Roodman said the intent is to balance large‑scale solar development with protection of community character and to provide notice and an opportunity for nearby property owners to be heard.

Under the proposed standards, ground‑mounted systems would be setback 200 feet from property lines and road rights‑of‑way; perimeter security fencing would be at least six feet tall; panels would be limited to a 25‑foot maximum height at full tilt (excluding interconnection poles and substation equipment); and on‑site electrical interconnections should be installed underground wherever reasonably practical. The ordinance would also require a glare assessment prepared by a qualified professional to demonstrate that the facility will not significantly affect aviation, motor vehicle traffic, or neighboring properties. For sites within five nautical miles of Shaw Air Force Base, the Poinsett Electronic Combat Range or the Sumter County Airport, applicants must notify those aviation authorities and allow 21 days for written comment.

Landscape and habitat provisions in the draft call for a minimum 50‑foot‑wide evergreen buffer along public rights‑of‑way and between solar sites and adjacent residences, with existing mature vegetation preserved when feasible and native ground cover or pollinator‑friendly plantings required for certain rural‑district installations.

Primary systems would also need a recorded decommissioning plan and a form of financial surety equal to 125% of the engineer‑estimated decommissioning cost, approved by the county administrator and county attorney. Acceptable forms of surety listed in the draft include cash, cashier’s or certified check, certificate of deposit, negotiable U.S. Treasury securities, performance bonds, or irrevocable letters of credit; the estimate must be reviewed and updated every five years.

County Attorney Johnathan Bryan noted he had not previously considered the 125% figure, and Roodman said she had consulted attorneys familiar with the industry who supported the proposed decommissioning language.

The Planning Commission recommended approval of the ordinance as presented. Councilman Charles T. Edens moved to grant first reading and Councilman Artie Baker seconded; the motion carried unanimously. The ordinance will return to council for further consideration at a later meeting.