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Fairfax will update special-exception review for large solar projects and permit battery storage as accessory use
Summary
Two state bills require Fairfax County to adopt standards for solar facilities of at least 1 MW (review criteria and setbacks) and to allow battery energy storage systems (BESS) as an accessory use to approved solar facilities when BESS capacity does not exceed the on-site solar capacity. Staff proposes edits to special-exception submission and use standards to comply.
Gastrell said HB 711/SB 347 requires local regulations for solar facilities with capacity of at least 1 megawatt to mirror state-mandated review criteria, setbacks and height limits; those standards will apply when a solar facility is subject to special-exception approval.
"It is one of the few legislations that essentially, well, not essentially, it does require that localities adopt regulations that are essentially mimic the state code standards when it comes to certain mandatory review criteria and specific setback requirements," Gastrell said. Staff will update submission standards and use standards for special exceptions to incorporate setbacks from dwellings and streams and related review criteria.
On battery storage, HB 891/SB 443 requires that certain battery energy storage systems be permitted by right as an accessory use to an approved solar power facility, and prohibits localities from imposing an additional entitlement if the BESS meets the capacity limitation (storage capacity must be less than or equal to the principal solar facility onsite). Staff plans to add a note to solar special-exception standards clarifying permitted accessory battery storage where the capacity test is met.
