After months of debate, Nottoway board approves Rocky Ford Solar special exceptions with environmental conditions

The Nottoway County Board of Supervisors approved special‑exception permits for the Rocky Ford Solar project and related parcel actions after an extended hearing that included technical presentations, legal discussion and hours of public comment.

Applicant Amplifform and its NW Rocky Ford Solar affiliate described a 100‑megawatt, roughly 614‑acre project south of Crew and presented a siting agreement that foresees up to $8 million in contracted payments to the county plus incremental real‑estate tax revenue. The company also proposed conditions intended to protect nearby Lazaretto Creek and Crystal Lake and asked the board to allow a five‑year window (with one extension) to commence construction because PJM interconnection timing can be lengthy.

Why it mattered: The project prompted a clash between local planning practice and evolving state law. Planning‑commission members voted unanimously to deny the application on zoning grounds, saying the county’s definition of “public utilities” did not contemplate large private solar farms in Rural Residential. Applicant counsel and county legal staff countered that Virginia law and recent legislative changes (HB711, effective July 1) mean utility‑scale solar can be regulated via public‑utility and special‑exception pathways.

Technical and environmental testimony: Westwood Professional Services outlined erosion control measures, a water‑quality sampling plan with baseline and annual testing for five years, more than 70 basins for runoff management and proffered silt fences and additional sediment capacity. Landscape and buffering plans include native plantings and long‑term maintenance bonds; an independent appraiser presented a matched‑pair analysis concluding no measurable property‑value impacts from the facility when adequate setbacks and buffers are in place.

Public comment was divided: proponents emphasized economic benefit, jobs during construction and grazing/pollinator uses beneath arrays; opponents urged deference to the planning commission, cited rural‑residential impacts and worried about irrevocable land‑use change. Several speakers asked about where revenue sharing and siting payments would flow and how the county would use the money.

Board action and votes: The board approved the Tatum special exception (4–1) after adding Conditions 25 and 28 (water‑quality protections and an amended commencement window of five years plus a 12‑month extension). It then approved the Jenkins special exception with the same conditions and finally approved the overall Rocky Ford facility application including easement parcels; the final approval was recorded as passing 3–2.

What’s next: Staff and counsel said approvals remain subject to state and federal permitting and the PJM interconnection process; several board members asked staff to confirm timing of revenue payments and to send zoning‑ordinance language to legal for conformity with HB711 before July 1.

Representative quotes: "This is a well‑located, largely out‑of‑sight, smartly conceived renewable energy facility that will drive the payment of $8 million into your county up front," said Bobby Rodriguez, a project developer for Amplifform. "We urge you to approve the project with the applicant's proposed final conditions." "The planning commission made a legal argument about the definition of public utilities in our code," said Brian Thomas of the planning commission. "Our ordinance limits what we intended; uses not specified are not permitted."