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County moves to align zoning with new state solar law; two stalled solar permits flagged as void
Summary
Facing a July 1 state law that requires special-exception applications for solar facilities of 1 MW and larger and allows battery storage as an accessory, Caroline staff presented zoning amendments and reported two previously approved but inactive solar special exceptions are functionally void under county code.
County staff and the board addressed changes required by legislation that takes effect July 1, 2026, requiring Virginia localities to accept special-exception applications for solar projects of 1 megawatt or more and to allow accessory battery energy storage systems on approved solar sites.
Planning staff presented a first reading of amendments to the zoning ordinance to add definitions, extend special-exception availability to agricultural, industrial, business and institutional districts, and add an "energy storage facilities" section to address siting, decommissioning, screening and safety. The packet included redline language and a staff cost/fee analysis for utilities and industrial pre-treatment fees.
"What that means is you have to let them apply," county attorney Leon McKenzie said, summarizing the state changes that create 12 statutory criteria county applications must meet. He added that although counties retain discretion to approve or deny a special exception, local ordinances cannot be inconsistent with the statutory criteria.
A central, and contentious, point is battery-energy storage: under the new law battery systems are an accessory use to approved solar projects and must generally be allowed on-site up to the project’s megawatt cap. Supervisors and staff discussed emergency-response implications for local firefighters; staff said draft ordinance language requires emergency plans and training while acknowledging some elements—such as whether applicants can be required to fund local responder training—remain legally and politically challenging.
In a related agenda item staff reviewed two previously approved special exceptions for solar projects (notably SPX07201, a 4.9 MW approval on Balti Road from June 14, 2022) and said neither project has commenced construction nor applied for required local site permits. County staff reported that, under the zoning ordinance, permits that do not commence operation in the prescribed timeframe automatically void; staff recommended the zoning administrator issue determinations consistent with the code. The board conducted the required review and left formal determination and written notice to the zoning administrator.
Mr. Hughes, planning staff, said the planning commission will hold hearings on the proposed code changes next week and the board will consider the ordinance amendments at its July 23 meeting. The board did not vote to adopt the ordinance on June 9; it authorized public hearings and proceeded with a first reading.
Authorities cited in the discussion included the new statutory provision cited in the packet (Virginia Code section referenced locally as 15.2-2288.8), DEQ guidance on pre-treatment fees, and existing county zoning code provisions governing the life and commencement of special-exception permits.
The board will hold public hearings at the planning commission and return to the board for final action; staff said they aim to have battery-storage regulatory language in place so it will apply to applications filed on or after July 1.
