Solar Ordinance

We invite you to read the revised proposed ordinance before the public hearing at the Planning Commission.

Staff will prepare a staff report as usual before the public hearing. Typically, information for public hearings is shared about one week before the meeting. We are providing the draft ordinance early to allow community members additional time to review the proposed ordinance. You are encouraged to provide any comments using this form. All comments will be forwarded to the Planning Commission. The public will also be able to participate during the public hearing and provide comments directly to the Planning Commission.

Features of the Proposed Ordinance

The items listed below outline some of the proposed ordinance's contents; they are not intended to be comprehensive. Please see the ordinance for specific proposals.

The proposed ordinance includes the following provisions:

• Addressing solar and battery energy storage systems.
• Allows accessory solar and battery energy storage by right in all districts.
• Allows solar energy installations by right over existing impervious areas.
• Allows solar energy with a panel zone of up to 21 acres on existing parcels by right in the Rural Areas.
• A special use permit is required for larger solar panels in the Rural Areas zoning district.
• It allows for a larger-scale battery energy storage system by special use permit in the Rural Areas zoning district and Industrial districts.
• Establishes regulations for height, fencing, setbacks from property lines and streets, setbacks from other facilities, and screening.
• It requires that facilities over 2 acres be Virginia Pollinator Smart certified.
• Restricts facilities within high-scoring forest blocks identified in the Comprehensive Plan.

The project team is refining the draft Ordinance, which will be published on this project page in mid-December before the required Public Hearing publish date.

Please save the date for the Solar Ordinance Public Hearing with the Planning Commission. The project team will present the proposed ordinance to the Planning Commission on January 14, 2025.

Meeting agendas for the Planning Commission are posted to the County Calendar.

All written comments, including online form and email comments, will be shared with the Planning Commission. In addition to the written comments, you are invited to provide comments during the Public Comment time during the Planning Commission meeting. Please visit our Planning Commission Guide for Public Meetings to get familiar with the process.

The Draft Ordinance is Ready for Your Review and Feedback

The project team incorporated feedback from the Board of Supervisors in a work session on June 7, 2023, and other community feedback to prepare the draft ordinance. View the draft ordinance.

We welcome your feedback. Please submit comments in the form below (it closes March 15) or email them directly to Albemarle County Development Process Manager Bill Fritz at bfritz@albemarle.org.

Proposed Regulations Overview

• Accessory Solar
  • without new impervious (i.e., building-mounted) will be allowed by right in all zoning districts.
  • with new impervious (i.e., ground-mounted) will be allowed by special exception in all nonresidential and residential zoning districts R-6 and above (i.e., R-10).
• Small Scale Solar and Community Solar will require a special use permit in all zoning districts.
• Large Scale Solar will require a special use permit in the Rural Area zoning district.
• Projects subject to a special use permit will also require Comprehensive Plan compliance review.
• Minimum setbacks for Community and Large Scale facilities will be:
  • 200 feet from residential/rural property lines
  • 200 feet from public rights-of-way
  • 400 feet from dwellings on adjacent property
• Minimum buffering and screening will be required.
• Security fencing will be required.
• Lighting will be limited.
• Groundwater monitoring will be required.
• Liability insurance will be required.
• Application requirements for consideration of a special use permit.
• Considerations during special use permit review will include the proposed project's impact on:
  • Wildlife corridors
  • Historic, cultural, recreational, and environmental resources
  • Residences
  • Agricultural lands, wetlands, and forestal lands
  • The density of solar projects in the area
  • The total area of the county devoted to solar projects
  • The amount of electricity proposed by solar projects as a percentage of County use

Required Application Components Will Include:

• Concept plan
• Description of the power to be produced
• Construction phasing plan
• Types of materials to be used
• Conceptual grading
• Conceptual landscaping
• Visual impact analysis
• Community impact assessment, including:
  • Distance to existing transmission facilities
  • Anticipated revenue to the county
  • Assessment of employment opportunities
  • Short and long-term economic impacts
  • If the project replaces an existing enterprise, an assessment of how the county will be impacted by the loss of the enterprise
  • Fire/Rescue impacts
  • Water, sewer, and stormwater impacts
• Environment impact assessment
• Traffic impact assessment
• Decommissioning and reclamation plan

The proposed ordinance does not address energy storage systems. Comments on potential regulations for energy storage systems are encouraged.