Berkeley County, WV — Solar Development Risk Assessment

No Moratorium

Berkeley County WV: no solar-specific setback ordinance confirmed. General agricultural/rural district setbacks apply. Bedington Energy 100 MW project: setbacks negotiated with county through project review. No statewide WV setback standard exists for solar. Typical practice: ≥150 ft from non-participating property lines; ≥300–500 ft from non-participating occupied dwellings (developer practice, not ordinance).

Berkeley County Commission/Planning Commission: CUP in Agricultural district (for counties with planning & zoning).

Most receptive WV county — DC/MD market proximity; Bedington Energy (100 MW, brownfield) PSC approved 2024; Jefferson County overlap context

WV Eastern Panhandle; Martinsburg area; fastest growing WV county; DC/MD market proximity; most solar-active WV county; Bedington Energy (100 MW brownfield) approved by PSC 2024

Stable

No statewide siting authority preempting local zoning for independent power producer solar projects. WV PSC has authority over utility-owned generation facilities but not independent developers. IPP developers must work through county zoning/planning commissions or county commission for land use approvals. WV §22-32 (enacted 2020) requires decommissioning bonds for all wind/solar facilities — filed with WV DEP. WV Code §24-2-1O (utility-owned renewable program, brownfield/industrial sites only) sunset Dec 31, 2025. Most WV counties lack solar-specific ordinances; projects may require variances under general zoning codes. Appalachian Power (AEP subsidiary) serves most of WV; Mon Power (FirstEnergy) serves north-central WV; Potomac Edison (FirstEnergy) serves the eastern panhandle. All WV in PJM territory. Political climate strongly favors coal/gas; utility-scale solar development is in early stages except in the eastern panhandle (Jefferson, Berkeley, Morgan counties — most solar-active due to DC/MD market proximity). WV Legislature has not passed any solar preemption or streamlining legislation as of Mar 2026.

West Virginia has no Renewable Portfolio Standard and no significant state solar incentive program. Net metering: available under WV PSC Order for Mon Power (FirstEnergy) and Appalachian Power (AEP) customers; limited program sizes. WV §24-2-1O: utility-owned solar program SUNSET Dec 31 2025 — removes primary legal pathway for utility-owned solar development going forward. WV §22-32: decommissioning bond required for solar ≥1 MW. No state RPS, no state incentive programs beyond basic net metering. IPP projects governed entirely by county-level land use. Utility: Appalachian Power (AEP) serves most of WV; Mon Power/Potomac Edison (FirstEnergy) serves Monongalia/Marion/eastern panhandle; Wheeling Power serves Northern Panhandle.

Bedington Energy | 100 MW | Berkeley County | WV PSC approved 2024 — first major WV utility-scale solar approval; utility-owned brownfield site; additional sub-threshold IPP projects in Jefferson/Berkeley via county land use process

No confirmed WV PSC or county-level solar project denials for Berkeley County — WV utility-scale solar market is nascent (31 MW statewide 2024); few formal applications exist. WV §24-2-1O utility program sunset Dec 31 2025 may reduce future applications.wv.gov