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Charlotte County Board rescinds solar moratorium after closed-session legal review
Summary
After a closed-session legal briefing about potential litigation, the Charlotte County Board of Supervisors unanimously rescinded its August 8, 2022 moratorium on accepting conditional-use permit applications for solar facilities, effective immediately.
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The Charlotte County Board of Supervisors voted unanimously March 13 to rescind the August 8, 2022 resolution that had paused acceptance of conditional-use permit applications for solar facilities, declaring the rescission effective immediately.
The board met in closed session under Virginia Code Section 2.2-3711(A)(7) to consult with legal counsel about actual or probable litigation related to the moratorium. After returning to open session, members certified the closed meeting by roll call and then approved a motion to rescind the moratorium; all supervisors present voted Aye.
The rescission follows months of public comment and debate. During the meeting's public-comment periods, several residents and industry representatives urged the board either to lift the pause or to preserve stricter local review. Henry Gibson spoke against the pause. Carol Ching, an attorney from Roanoke who said she has represented landowners affected by the pause, told the board she did not believe the pause was valid. Representatives of solar companies, including Jessie Diamond of New Energy Electric and Austin Goldman, urged the board to allow small shared-solar projects and asked for an opportunity to present proposals.
Board members did not state any additional conditions on accepting applications when they rescinded the moratorium. The board's formal action was a rescission of the earlier resolution; no new ordinance or zoning text amendments were adopted at the March 13 meeting.
The board took the rescission after a closed legal consultation and certification. The closed-session motion and certification were recorded in the meeting minutes. The rescission vote was recorded as unanimous.
