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Patrick County adopts solar ordinance as a 'working document' after heated public hearing
Summary
After a public hearing with technical and legal objections from residents, the Patrick County Board of Supervisors adopted a Solar Energy Facilities Ordinance as a 'working document' by a 3–1 vote. Opponents warned the draft lacks enforceable testing standards and could be overturned in court.
The Patrick County Board of Supervisors voted 3–1 on March 9 to adopt a Solar Energy Facilities Ordinance described by proponents as an immediate baseline of protections for the county and by detractors as legally vulnerable. The motion to adopt the ordinance as a 'working document' was made by Jonathan Wood and seconded by Clayton Kendrick; Voting Aye were Kendrick, Wood and Chair Andrew Overby, while Steve Marshall voted no.
Environmental critic Norma Bozenmayer (Smith River District) told the board the draft 'doesn't do that' when it comes to enforceable testing: 'I see the proposed solar ordinance as totally unenforceable as written,' she said, arguing the document lists contaminants without specifying test methods, units, acceptable limits, or background sampling. Kurt Bozenmayer pressed legal concerns, saying the Planning Commission process and some language left the draft open to court challenge. Board member Steve Marshall warned the board against adopting a legally flawed ordinance that a judge could strike down, calling the proposal a 'knee-jerk' response and cautioning it might 'write a check that the county can't cash.'
Proponents, including Trena Anderson and others, urged stronger local protections to hold developers financially and operationally accountable. Chair Andrew Overby cited county authority under Virginia Code §15.2-1200 and recounted state enforcement examples to justify local safeguards. Jonathan Wood said the board needed an immediate protective framework: 'This is a working document' that can be revised, he said, adding the county must 'reflect the public’s long-standing opposition to utility-scale solar' while further refining the text.
The county will continue to refine ordinance language through the Planning Commission and staff. The motion adopted the ordinance specifically as a modifiable working document, not as final, allowing the county to pursue clarifications highlighted during the hearing. The board did not immediately authorize litigation or set a formal legal challenge schedule; rather, members asked staff to coordinate with counsel and stakeholders on revisions and implementation steps.
