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Fluvanna commission backs zoning amendment to allow waivers for chimney and stack heights on new power plants
Summary
The Planning Commission recommended approval of ZTA 25:09 on Feb. 24, 2026 to permit the Board of Supervisors to waive maximum height limits for chimneys and stacks on new power production plants after clarifying language to prevent retroactive application. Vote recorded with three yes, one no and one abstention.
The Fluvanna County Planning Commission recommended approval of ZTA 25:09 on Feb. 24, 2026, a zoning text amendment to §22‑17‑16 of the County Code that would allow the Board of Supervisors to grant a waiver or modification of maximum height allowances for chimneys and stacks on new power production plants.
Commissioners agreed to add the word "new" to the amendment language to make explicit that any waiver authority would not apply retroactively to existing chimneys or stacks. The vote on the recommendation was recorded with three members voting yes, one voting no and one abstention.
The zoning text amendment recommendation is advisory; the Board of Supervisors will consider the amendment as part of its legislative process. The Commission discussed timing in relation to a pending Special Use Permit (SUP 25:04) for a proposed gas-fired generation facility (Expedition/Tenaska), but acted separately on the ZTA language clarifying height waiver authority.
Under the County's process, zoning text amendments originate with the Planning Commission and are forwarded to the Board of Supervisors for final action. The minutes note the Commission's addition of clarifying language limiting waiver authority to new permits, but do not record detailed debate or additional substantive changes beyond that clarification.
