Amherst County, VA — Solar Development Risk Assessment

No Moratorium

Amherst County-specific SE/SUP conditions control — county-set setbacks vary from 50 ft (rural) to 300+ ft (residential adjacent). Verify current Amherst County zoning ordinance for adopted local setback standards.

SUP, SE

Mixed; environmental/rural character

Policy signal (tightening/repeal/ban/caps/spacing); County incentive framing (revenue share/siting agreements)

Worsening

Local permit: Special Use Permit (SUP) or Conditional Use Permit (CUP) in A-1 Agricultural zoning; issued by Board of Supervisors (BOS) or Planning Commission per county ordinance. Counties without zoning (Buchanan, Russell, Lee, Scott, etc.) proceed via revenue-sharing siting agreements. SCC CPCN: Va. Code §56-580 (as amended by HB 1558/SB 762, eff. Jul 2021) — SCC Certificate of Public Convenience & Necessity required for generating facilities ≥5 MW; waivable for utility-owned projects under SCC-approved IRP. DEQ Permit by Rule (PBR): Required for all solar facilities ≥1 MW per Va. Code §10.1-1197.6; includes VSMP/VPDES erosion & stormwater permits. Mar 2022 DEQ rule: solar panels counted as impervious surface same as parking lots. Revenue sharing: Va. Code §15.2-2288.7 — localities may require up to $1,400/MW-year for utility-scale solar on agricultural or forestal land; increases 10% in year 1 then every 5 years thereafter. VDACS notice: VA Dept. of Agriculture & Consumer Services must be notified for projects converting prime agricultural or forestal land. PENDING LEGISLATION (as of Mar 11, 2026): HB 711 (Herring) / SB 347 (VanValkenburg) both cleared both chambers and await Gov. Spanberger's signature (session ends Mar 14, 2026). If signed: (1) all localities must allow solar ≥1 MW via special exception — outright bans illegal; (2) statewide setback floor: 150–200 ft non-participating dwellings, 50–100 ft from state roads, 100–250 ft from streams/wetlands, 50–75 ft from property lines; (3) localities retain denial authority but must report reasons to SCC public database; (4) companion HB 891/SB 443: BESS permitted accessory use on approved solar SE sites. Spanberger is pro-solar; signature expected. Monitor: lis.virginia.gov.

Virginia Clean Economy Act (VCEA, 2020): Dominion must reach 100% carbon-free by 2045; Appalachian Power by 2050; major driver of utility-scale solar procurement. Net metering: available under VCEA for systems up to 1 MW (by-right); large-scale behind-the-meter negotiated. SCC SolarShare: Dominion program offering renewable energy credits. Virtual net metering (Virginia): programs vary by utility. DEQ review: required for solar facilities ≥150 MW (permit by rule) or DEQ standalone review. Utility: Dominion Energy Virginia serves 2/3 of VA; Appalachian Power (AEP) serves western VA; Northern Virginia Electric Coop (NOVEC) serves NoVA exurbs; various rural cooperatives and municipal utilities.

Multiple CUP approvals | 20–80 MW | 2019–2023 | Dominion / CVEC territory [Proposed ordinance as of mid-2024 includes 2-mile radius rule between projects and 50-acre panel coverage limit — verify adoption status with county Planning before any new application]

PROPOSED SEVERE RESTRICTION: County proposed ordinance includes 2-MILE RADIUS restriction between projects AND 50-ACRE panel coverage limit per project — would effectively limit future development to only small-scale projects if adopted. GreeneHurlocker midyear 2024. Source: GreeneHurlocker greenehurlocker.com Jul 10 2024