Sumter County approves stricter rules for large solar farms after debate

Sumter County Council on Dec. 12 granted third reading to OA-23-01, a zoning amendment that adds primary and accessory photovoltaic solar energy systems (NAICS 221114) to several zoning districts while imposing new site, screening and decommissioning requirements. The ordinance passed 5–1, with Councilman Carlton B. Washington casting the lone vote against it.

Planning Director Helen Roodman told the council the proposed changes reflect community feedback and staff recommendations, including a 200-foot setback from property lines and public rights-of-way, a 50-foot-wide evergreen buffer along road rights-of-way and between solar sites and adjacent residences, limits on panel height to 15 feet at maximum tilt, and a requirement to use native ground cover in Agricultural Conservation and Conservation Preservation districts in line with the South Carolina Solar Habitat Act technical guidance. Roodman also outlined a decommissioning plan requirement to be recorded at the register of deeds and a decommissioning surety equal to 125% of estimated decommissioning costs, payable by cash, bond, letter of credit or other approved instrument.

The ordinance makes primary photovoltaic projects a special-exception use that requires a public hearing before the Board of Zoning Appeals and subjects accessory systems to staff-level conditional-use review when located in the listed districts. Roodman said the edits shown at a Dec. 4 community meeting are included in the draft council approved.

Councilman Washington argued the county was moving prematurely and pressed for more scientific study on impacts to wildlife, soil and groundwater, saying he was "not sold on solar" and worried about long-term effects and what happens if operators leave a site. "If anyone can show me a study about the solar farms and how they affect the community, I would be glad to review it," he said.

Councilman Eugene R. Baten and others countered that local examples and utility-scale projects — including systems operated by local cooperatives — provide community benefits, including potential reductions in electricity costs for participating ratepayers. Baten referenced existing solar deployments and argued the ordinance provides protections and regulatory clarity before additional projects locate in the county.

The ordinance also includes provisions intended to reduce visual and ecological impacts: wildlife-friendly perimeter fencing placed behind required buffers, underground electrical interconnections where practical, limitations on improved-area encroachment into the 200-foot setback, and a planting plan requiring year-round evergreen screening that reaches at least 6 feet within three growing seasons and 20 feet at maturity. Failure to maintain required plantings can trigger enforcement under county ordinance.

The council action followed a presentation by the planning staff and a motion by Councilman Charles T. Edens, seconded by Vice Chairman James R. Byrd, Jr. The motion passed with five in favor, one opposed; Councilwoman Vivian Fleming McGhaney was absent.

Council members said the ordinance aims to balance renewable energy development with rural character and environmental protections; Washington said he remains concerned and urged more study. The county’s revised definitions and review criteria now apply to primary photovoltaic systems intended to interconnect to the regional grid and may include battery storage and associated equipment.

The ordinance will take effect according to Sumter County’s code-adoption timeline unless otherwise specified.