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Culpeper board authorizes public hearing on zoning changes to address battery storage after new state law

Culpeper County Board of Supervisors · June 2, 2026
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Summary

Staff recommended separating battery energy storage from utility power generation in the county zoning ordinance and creating primary and accessory categories consistent with new state law; the board authorized advertisement of a public hearing and discussed a possible special meeting before July 1 to preserve local performance standards.

Staff presented a zoning text amendment to separate battery energy storage from utility power generation and to create explicit primary and accessory categories in Article 2 and Article 7 of the Culpeper zoning ordinance, aligning local code with changes in state law enacted April 22. Presenters said the new state code links battery storage to approved solar projects and that projects with interconnection requests filed before July 1, 2030 will be governed by the local ordinance in effect on July 1, 2026.

Miss Harris explained the proposed ordinance changes and the rationale for authorizing the planning commission to expand its review to include accessory battery storage and related performance standards. Supervisors discussed defining “parcel” in relation to tax map and deed issues, the potential consequences of defining parcels by tax map consolidation, and the limited time window to adopt local performance standards before the state law takes effect. Supervisor Bates expressed concern about long‑term contamination and loss of agricultural land; other supervisors emphasized the need to retain performance standards by acting before the July 1 deadline.

The board moved and authorized advertisement of a public hearing on the zoning text amendment, including consideration of accessory battery storage; staff noted a potential special meeting before the end of the month if the board wishes to adopt local performance standards prior to the state deadline. (Motion to authorize advertisement; vote: passed by voice vote.)

Provenance: Topic introduced SEG 124; topic finished SEG 250.