Surry planners debate six‑month decommissioning rule for solar projects amid supply‑chain and enforcement concerns

Planning staff presented changes to Surry County's solar ordinance that would require a responsible party to decommission a solar facility if it ceases generating electricity for six consecutive months, with limited exceptions for acts of God and a 12‑month definitive decommissioning threshold. Staff said the amendment (section 4‑608(e)(3)(a)) would allow administrators to accept evidence that an owner is making 'substantial efforts' to restore generation.

The change prompted questions from commissioners and public speakers over how the rule would operate in practice. One commissioner asked whether supply‑chain delays and insurance processing could be treated as exceptions; staff counsel said the draft provides a limited exception for acts of God but that administrative processes and CUP (conditional use permit) conditions could allow flexibility. Legal counsel cautioned that blanket waivers could create unequal treatment; as one participant warned, ‘‘I would not suggest that this type of thing be dealt with under that option because that just kind of opens the door’’ (Agency official).

Public commenters and developers urged clearer definitions and practical mechanisms. Greg Cresswell of AES, which is developing the Sycamore Cross project in the area, said owners who are maintaining equipment, grounds and permit compliance and making documented efforts to re‑energize should not be forced to decommission because of temporary delays. "As long as the owner‑operator ... is making efforts, is maintaining the equipment, maintaining grounds and vegetation, compliant with the conditional use permits, and making efforts to reenergize, there's no reason they should need to decommission the project," Cresswell said.

The ordinance text also specifies financial security for decommissioning: staff pointed to a requirement that the amount of security equal 100% of the estimated decommissioning cost plus 20% to cover administrative fees. Commissioners sought clarity on the mechanism for determining that estimate and on whether parties could post bonds, insurance or other instruments. Staff said the ordinance currently leaves the form of security open but requires the full amount plus administrative margin.

The commission ultimately deferred final action on the solar amendment to allow staff to revise language and to provide clearer guidance on exceptions, reporting requirements and bond calculations. The motion to defer carried by voice vote.