Surry County, VA — Solar Development Risk Assessment

Local solar ordinance barriers, board sentiment, and utility policies that affect development timelines and risk.

64.2
Risk Grade
Poor
Hard cap: 7% countywide (~10,695 ac); Sycamore Cross DENIED 2024 citing cap proximity. HB 711/SB 347: county-wide percentage caps not explicitly addressed; cap-as-functional-ban arguments possible once threshold approached but legal outcome uncertain. Current saturation leaves limited headroom regardless.
Assessment Snapshot
Population
6,945
State Rank
#38
Compliance
80%
Trajectory
80

Moratorium Status

✓ No Active Moratorium
No Moratorium

Ordinance & Regulations

Setback Requirements
300-ft minimum vegetative buffer from all public rights-of-way and adjoining structures. 7% county-wide acreage cap (10,695 acres) enacted Feb 13 2025 (prior 10% / 15,278-acre cap, 2023). Former Planning Commission Chair Eddie Brock noted most localities use 2–3% caps. Source: Smithfield Times Feb 2025
Zoning Mechanism
M-1, M-2 | CUP
Acreage Caps
7% county-wide acreage cap = 10,695 acres maximum (BOS vote 3-1, Feb 13 2025). Prior cap: 10% / 15,278 acres (2023). Source: smithfieldtimes.com/2025/02/19
Density Caps
10,695-acre countywide cap is the density ceiling; no separate inter-project spacing rule
Spacing Rules
≥1 mile centroid to nearest high-voltage transmission line; ≥1 mile from airports (FAA certification required)
Size Restrictions
≤65% site coverage by panels; ≥10% of site acreage must be pollinator/pollinator-friendly habitat

Board Sentiment & Political Risk

Sentiment Analysis
Negative/restrictive trend
Basis for Assessment
Project outcomes (denials/withdrawals/deferrals); Policy signal (tightening/repeal/ban/caps/spacing); County incentive framing (revenue share/siting agreements)
Political Risk Factors
Worsening
Board Members
Tyrone Franklin | D | Jan 2028 Robert Elliott | R | Jan 2028 Walter Bailey | D | Jan 2028 George Neblett | D | Jan 2028 Sherrin Alsop | D | Jan 2028

Grid, Utilities & State Context

Grid Operator
PJM / Dominion Energy Virginia (DEV) transmission zone (Surry Nuclear Station proximity)
Utilities
Dominion Energy Virginia (DEV), Southside Electric Co-op (SEC)
State Permitting Process
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.
State Incentives
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.

Development Activity

Active/Completed Projects
Spring Grove Solar LLC | OPERATIONAL 2018 Colonial Trail West Solar | OPERATIONAL 2018 Cavalier Solar (Dominion Energy / Strata Solar) | 1,750 acres (1,300 in Surry) | APPROVED 2021 | Operational
Denied/Withdrawn Projects
Graymont Solar (developer undisclosed) | ~150 MW | CUP Application filed 2023 | Withdrawn 2024 — cap approaching; developer pulled application Sycamore Creek Solar (unnamed) | ~20 MW | CUP Application 2024 | DENIED — BOS cited remaining cap headroom and cumulative impact concerns Additional unnamed applications deferred 2023–2024 as board grew cautious about approaching 15,278-acre aggregate cap

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