Solar permitting — Henry County, Virginia

Setbacks & buffers

Henry County-specific SE/SUP conditions control — county-set setbacks vary from 50 ft (rural) to 300+ ft (residential adjacent). Verify current Henry County zoning ordinance for adopted local setback standards. — NOTE: the distances above are a STATE-level fallback, not a figure read from this county's own ordinance. We hold siting-rule records for this county which may include a stricter local limit we have not yet extracted. Verify against the county's own ordinance before relying on these.

Spacing requirements

None codified

Size restrictions

None codified; managed via CUP/SUP conditions

Penalties & bonding

No penalties or adjustments. Standard CUP/SUP process.

State-level permits & approvals

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 incentive programs

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.

Grid & interconnection

PJM / Appalachian Power Company (APCo) transmission zone

• 2023-04-17 County Board

  Solar

  Public hearing on the proposed Siting Agreement for the Axton Solar, LLC project

  agenda
• Other

  Solar

  4 ACRONYMS Acronym Definition ADUs Accessory Dwelling Units AEE Association of Energy Engineers AFOLU Agriculture, Forestry, and Other Land Use BEV Battery Electric Vehicle CH4 Methane CO2 Carbon Dioxide CO2e Carbon Dioxide Equivalent C-PAC

  agenda
• Other

  Solar

  The County is reassessing its base land valuation for solar farms due to increased market demand and higher lease payments.

  agenda
• County Board

  Solar

  Presentation of the 2020 Jack Dalton Community Service Award

  agenda
• Planning Commission

  Data Center

  The Planning Commission approved a zoning ordinance amendment to increase the size limit for accessory structures on residential and commercial properties.

  agenda
• County Board

  Solar

  County approved appropriation for a solar energy project at Laurel Park greenhouse

  agenda