GreeneHurlocker attorney Jared Burden recently authored an article in Cardinal News on the limited scope of solar siting bill HB 711, which the Virginia General Assembly passed, but is still awaiting Governor Spanberger’s final signature, pending the Assembly’s review of her recommendations. 

If enacted, HB 711 will require Virginia localities to adopt more uniform standards in their zoning ordinances for certain solar projects seeking special use permits, placing some limits on local governments’ ability to restrict these projects. However, the bill would not preempt counties from saying “Nay” to solar projects, and does not establish true guardrails for those up-or-down votes.

Jared’s article dives deep into why winning special use permit approval at the county level will remain extremely critical for solar developers. He outlines several nuances under Virginia law that will continue to make it next to impossible for developers to reverse a special use permit denial. 

Despite HB 711 creating some checks on local governments, the main takeaway for developers is just don’t lose. 

Read the full article in Cardinal News here.