Fauquier County, VA — Solar Development Risk Assessment

No Moratorium

Fauquier County: minimum setback to all property lines = 150 ft. ≤8% of land within 2.5 miles rolling radius of any existing solar facility (proximity cap). Setback from identified scenic/historic corridors: may be modified by BOS if panels will not impact viewshed from identified corridor. 100-ft wide landscape buffer adjacent to public roadways (DCR-informed): native trees ≥5 ft at planting, ≤15 ft spacing (staggered); earthen berm ≥6 ft as alternative.

SE, Special Exception

Majority opposition; farmland

Project outcomes (denials/withdrawals/deferrals)

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.

Bealeton Solar Center (Sun Tribe/Bealeton Solar LLC) | 14 MW | 93 acres (47 acres disturbed) | APPROVED 4-1 Board of Supervisors Jan 9 2025; Planning Commission unanimous Nov 21 2024; $250,000 one-time + $100,000 to Town of Remington. Source: fauquiernow.com Jan 2025 Remington Solar Facility (Dominion Energy) | 20 MW | 125 acres | OPERATIONAL 2017 | State Corporation Commission approved

DENIED: Torch Clean Energy Sowego Energy Facility | 80 MW | August 2024 | Fauquier County Board of Supervisors denied CUP — determined not in accordance with Comprehensive Plan (Roanoke Times Feb 10 2025; Virginia Mercury Dec 3 2024). East Point Energy 150 MW battery storage project in Morrisville | Planning Commission determined INCONSISTENT with Comprehensive Plan (November 2024 public hearing); East Point could appeal to Board of Supervisors (PEC Jan 2025). Source: Roanoke Times Feb 10 2025; PEC pecva.org Jan 2025