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Patrick County schedules March hearing on proposed solar ordinance after supervisors raise legal and technical concerns
Summary
The board set a joint public hearing for March 9, 2026 on a proposed Solar Energy Facilities Ordinance after an extended discussion that flagged potential legal preemption, bonding and environmental issues and called for clearer enforceable requirements for agrivoltaics and decommissioning.
Patrick County supervisors voted Feb. 9 to schedule a joint public hearing on March 9, 2026 to receive public comment on a draft Solar Energy Facilities Ordinance. The draft establishes standards for siting, decommissioning, environmental safeguards and Battery Energy Storage Systems (BESS).
Commissioners and the Planning Commission raised multiple concerns during discussion: the draft uses county tax classification codes to define permitted uses in an unzoned county; it prescribes local prohibitions on substances such as PFAS that may be preempted by the Department of Environmental Quality; it embeds technical BESS requirements (NFPA 855, gas detection) that could create enforcement liability for county inspectors; and it relies on bonding approaches the board views as financially risky. Supervisors stressed the need for enforceable agrivoltaic commitments if taller panel heights are allowed. The motion to hold a joint public hearing carried unanimously.
