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Washington County adopts solar ordinance amendment adding decommissioning provisions
Summary
After a public hearing, the Washington County Board of Commissioners unanimously approved a resolution amending the county’s solar ordinance (Article 12) to require decommissioning/hazard mitigation measures and to pursue bonding or legal assurances for decommissioning costs.
The Washington County Board of Commissioners unanimously approved a resolution April 7 amending Article 12 of the county’s solar ordinance to add decommissioning, abandonment and hazard-mitigation provisions.
Planning Director Allen Pittman told the board the Planning Board will return with a legal document for developers to sign that addresses decommissioning. “The Planning Department is keeping an eye on this and whatever the State comes up with,” Pittman said, noting the county has a cash bond on the Albemarle Beach solar project. County Manager and County Attorney Curtis Potter told commissioners Washington County is one of the early counties discussing bonding for solar farm decommissioning and that state guidance (NCDEQ) is still emerging.
Commissioner Sexton asked about farms with existing solar panels and what happens if a developer refuses to sign a decommissioning agreement; Pittman and Potter said details remain to be worked out and that the Planning Board prefers to divest the county of future decommissioning liability where possible.
Commissioner Keyes moved to close the public hearing and then moved to adopt the resolution amending Article 12; Commissioner Phelps seconded both motions. The roll call recorded Commissioners Sexton, Keyes, Phelps, Walker and Chair Johnson voting yea on the ordinance amendment. The resolution passed unanimously.
The action directs county staff and the Planning Board to finalize legal language and pursue the appropriate bonding or financial-assurance mechanisms recommended by state agencies and the county attorney. The board did not specify a bonding mechanism or bond amount; those details will return to the board once legal documents are prepared.
Next steps: staff and the Planning Board will draft the developer agreement and return it to the commissioners for final review and formal adoption of any required financial-assurance instrument.
