On July 16, 2025, the Albemarle County Board of Supervisors amended its zoning ordinance to create a new framework for regulating solar energy facilities and battery energy storage systems. The ordinance is designed to encourage renewable energy deployment while addressing land use, environmental, and community impacts.
Key Changes in the Ordinance
- New Definitions
The ordinance formally defines solar energy facilities, battery storage facilities, panel zones, fenced areas, and related terms—bringing clarity where the zoning code was previously silent.
- By-Right Uses (Subject to Restrictions and Regulations)
- Accessory solar and battery systems are permitted by right in all zoning districts.
- Solar facilities may be installed by right over existing impervious areas (e.g., rooftops and parking lots).
- In the Rural Areas zoning district, solar facilities up to 21 acres of fenced area are permitted by right per parcel.
- Special Use Permits
- Required for solar facilities larger than 21 acres in the Rural Areas.
- Required for battery energy storage facilities larger than 500 square feet in both the Rural Areas and Industrial districts.
- Albemarle County may require applicants to fund independent consultant review of special use permit applications.
- Key Development Requirements for All Solar and Battery Facilities
- Height capped at 20 feet for panels, buildings, structures, and other components of a solar facility. Limit does not apply to utility poles, substations, roof-mounted solar facilities, or the interconnection to the overhead electric utility grid.
- Setbacks: 100 feet from property lines/rights-of-way and 300 feet from dwellings (for larger facilities).
- Screening required for projects 10 acres or larger.
- Facilities over 2 acres must obtain Virginia Pollinator-Smart Gold Certification within three years.
- Restrictions on siting within floodplains, wetlands, riparian buffers, prime farmland, active agricultural soils, or high-value forest blocks.
- Wildlife corridors must be maintained through fencing design.
- Decommissioning
- Facilities must have an approved decommissioning plan and financial security (escrow, bond, or letter of credit).
- Sites must be restored to agricultural or forestal use at end-of-life, unless otherwise approved by the County.
Implications for Developers and Landowners
The new ordinance provides a clearer and more predictable framework for solar and battery storage development in Albemarle County. Smaller-scale and accessory systems, as well as projects located on rooftops or other impervious surfaces, will now benefit from a simplified by-right approval process. At the same time, larger-scale projects in the Rural Areas will continue to encounter rigorous review with specific codified requirements, including environmental siting restrictions, mandatory screening, and financial security for decommissioning. These changes create both opportunities and challenges for solar and battery storage development: while mid-sized projects can now proceed with more certainty, utility-scale facilities will need to be carefully sited and budgeted to account for compliance costs, potential consultant review fees, and the likelihood of greater public scrutiny. In addition, Albemarle County will now be able to accept applications for battery energy storage facilities.
Takeaway
Albemarle County’s ordinance reflects a regional trend: encouraging renewable energy while safeguarding rural land and environmental resources. Accessory and mid-scale solar facilities will move forward more easily, but utility-scale projects will continue to face close scrutiny and higher compliance requirements. Developers should assess sites carefully, size projects strategically, and budget for both decommissioning and environmental mitigation.
