Solar Ordinance

Albemarle County is developing possible additions to the County's regulations for solar facilities.

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. Submit comments in the form below (closes March 15) or email comments directly to Albemarle County Development Process Manager Bill Fritz at bfritz@albemarle.org.

What's Next?

The proposed ordinance will be scheduled for a public hearing with the Planning Commission and Board of Supervisors. Dates for those meetings have not been set. It's anticipated that the Planning Commission hearing will be scheduled for the late spring/early summer, while the Board of Supervisors hearing will be scheduled for the late summer.

Meeting agendas for the Planning Commission and the Board of Supervisors are on the County Calendar.

All written comments, including online form and email comments, will be shared with the Planning Commission and Board of Supervisors. In addition to the written comments, you are invited to provide comments during the Public Comment time during the Planning Commission and Board of Supervisors meetings.

You are invited to share your feedback during Public Comment at either of the Public Hearings. Please visit our Planning Commission Guide for Public Meetings and our Board of Supervisors Participation Guide for Public Meetings to get familiar with the process.

What's Included in the Draft?

Definitions

• Accessory Solar: Max 25 kilowatt (kW) for single-family residential and Max 3MW for all others
• Community Solar: Max 5 megawatts (MW) for multiple users
• Small Scale Solar: under 1 megawatt (MW)
• Large Scale Solar: 1 megawatt (MW) or greater

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.