Planning commission advances solar ordinance amendments, shortens decommissioning window

The Surry County Planning Commission voted Sept. 23 to send proposed amendments to the county’s solar‑energy and zoning ordinances to a planning‑commission public hearing, advancing a package of changes that reclassify community‑scale and utility‑scale solar as conditional uses and recognize distributed solar as an accessory use.

Staff described the draft as a reorganization of existing Surry County language into the zoning ordinance and pointed commissioners to the draft text (noting changes on page 20/§2044). "These two uses will now be conditional use permit uses," staff said while explaining how the M‑1 and M‑2 district language was being realigned. The amendments also add explicit accessory‑use language so homeowners and businesses may install onsite solar without being treated as utility‑scale projects.

The most contested change was the decommissioning timeline for projects that cease producing electricity. The draft required decommissioning after 12 consecutive months of non‑generation; a subcommittee recommended reducing that trigger. "The Virginia code doesn't dictate a 12 months or 6 months minimum," legal counsel said, noting the county has discretion to set the interval. Commissioners debated the tradeoffs: several argued a shorter six‑month trigger reduces the county's exposure to abandoned infrastructure and higher future removal costs, while others urged language allowing flexibility for storms, fires or temporary inoperability.

Commissioners discussed enforcement mechanisms and how the county would secure funds to remove abandoned equipment. Legal counsel warned that calling a bond can be a slow process and may not yield immediate funds; commissioners suggested siting agreements or a negotiated lump‑sum payment as alternate protections. Staff agreed to align all cross‑references in the draft (for example, the sections listing the trigger and the removal deadline) and to draft caveats for acts of God and temporary interruptions.

Commissioner (speaker 6) moved to bring the amendments forward for public hearing under Virginia Code §15.2‑2286(a)(7); the motion was seconded and carried on roll call. The motion to advance the ordinance was recorded as approved by the commission and will appear on the planning‑commission public‑hearing docket for further public input and final consideration by the Board of Supervisors.

The commission asked staff and legal counsel to return with revised ordinance language reflecting the six‑month trigger, consistent cross‑references, and suggested caveats for temporary inoperability or natural disasters. The public hearing date will be set after staff publishes the revised text and public notice.