Nottoway supervisors press for written waivers, clearer setback rules for Rocky Ford solar

Supervisors spent an extended portion of the meeting debating whether waivers that reduce setbacks for solar projects should be documented in writing rather than relying on verbal permission from neighbors. One supervisor said, "I think it should be in writing," urging that written waivers accompany applications so neighbors' consent is clear.

The discussion focused on how the planning commission should treat requests to reduce setbacks adjacent to parcels not owned by immediate family. Speakers raised specific distances — for example, a recommended minimum of 300 feet adjacent to non-immediate-family parcels — and warned that verbal agreements can lead to disputes when opposing landowners object later. Several supervisors asked staff to draft ordinance language clarifying adjacency when a state highway separates properties, noting a judge's previous ruling that road-separated parcels may be treated as distinct for property-boundary purposes.

Supervisors asked planning staff to return with language that would require applicants to submit written waivers when seeking reduced setbacks and to propose clear definitions for "adjacent" that account for roads and prescriptive easements. The board did not take a final vote on ordinance text at the meeting and directed staff to prepare draft revisions for a future agenda.