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Planning director warns Middlesex of state changes on housing, ADUs and solar
Summary
Planning Director David Kretz and the County Attorney briefed supervisors on recent state legislation that reduces local site-plan review authority, requires permissive treatment of ADUs, limits conditions for denying large solar projects and treats battery storage as an accessory use — prompting a recommended code audit before July 1 effective dates.
David Kretz, Middlesex’s Director of Planning and Community Development, told the Board that recent state legislation will require a review and likely revisions to the county code. Among the changes he described: temporary authorization (through Jan. 1, 2031) allowing certain religious and tax-exempt organizations to develop higher-density housing on their property; removal of Planning Commission authority over site plans and subdivisions in favor of administrative approval; more restrictive standards for local conditions when denying large solar special exceptions and treating battery storage as an accessory use to solar (subject to site plan and stormwater review); more permissive rules for accessory dwelling units; and a requirement that manufactured homes be allowed where conventional dwellings are permitted.
Kretz and County Attorney Heather W. Lewis urged a systematic code audit to identify any local ordinance changes required to ensure compliance with state law, particularly ahead of July 1 effective dates. Both staff warned that the solar provisions are "likely the first step toward further state pre-emption of local authority over solar siting," and said VACO opposed aspects of the bill on behalf of localities.
The Board acknowledged the need to update county ordinances and asked staff to return with specific recommended edits and a timeline for implementation.
