Durham County, NC — Solar Development Risk Assessment

No Moratorium

None codified. No confirmed county-specific setbacks.

Durham County Board of Adjustment/Board of Commissioners: Special Use Permit (SUP) or Conditional Use Permit (CUP).

Very favorable — Duke University/RTP progressive; active commercial solar; land is primary constraint

C NC; Durham (Duke U./NC Central/NC State fringe); progressive university city; active solar; limited utility-scale land; commercial/campus primary

Improving

Full local control — no statewide preemption for siting and permitting of utility-scale solar. County Board of Commissioners issues Special Use Permit (SUP) or Conditional Use Permit (CUP) for utility-scale solar under county Unified Development Ordinance (UDO). All sizes subject to local zoning; no threshold for state takeover. NCUC Certificate of Public Convenience and Necessity (CPCN) required for utility-owned generation; IPP developers selling to Duke/Dominion under PURPA or competitive procurement typically handle NCUC process through utility. NC DEQ: decommissioning plan registration required for ≥2 MW (SL 2023-58, eff. Nov 1 2025); DEQ rules (15A NCAC 01V) effective April 1, 2025. NC land use law (2021) modernized ordinance language and clarified solar provisions. N.C.G.S. §160D-107: counties may adopt temporary moratoria on solar permits (limited duration, must be reasonable). Davidson County: 24-month moratorium enacted Dec 17, 2024 (expires Dec 2026) while developing new solar ordinance. Halifax County: temporary moratorium Oct 2024 — expired Feb 2025; new ordinance provisions pending. Farmland preservation concerns are the dominant local issue — NC has lost significant prime farmland to solar. Grid: SERC throughout NC. Duke Energy Progress (eastern/central), Duke Energy Carolinas (western/piedmont/mountains), Dominion Energy NC (northeastern corner). NC EMCs serve rural areas as distribution cooperatives.

NC REPS (Renewable Energy and Energy Efficiency Portfolio Standard): 12.5% by 2021 (met); Duke Energy Carolina/Progress subject to ongoing carbon plan compliance (100% clean by 2050). Duke Energy CPRE (Competitive Procurement of Renewable Energy) program: ongoing solicitations. NC CPCN process for utility-owned facilities via NCUC. Community solar/Green Source Advantage: Duke Energy program for large commercial customers. Net metering under Duke Energy 'Smart Saver' program (NCUC approved 3-year glide path 2025). Property tax PILOT: county-negotiated agreements common. Utility: Duke Energy Progress (eastern/central NC); Duke Energy Carolinas (western/Piedmont NC); NCEMC and local EMCs serve rural areas.

35 MW project (Pine Gate Renewables, Northeast Alamance/Durham area) | Durham city + Durham County + Durham Public Schools are GSA program offtakers. Pilot program for Durham schools: Lyons Farm Elementary 2022 bond funded solar (~20% of school electricity). Durham County is progressive urban county; strong renewable support.

No confirmed NCUC-level denials for Durham County.