VirginiaHB7112026 Regular SessionHouseWALLET

Solar facilities; local regulation, permits, special exceptions.

Sponsored By: Charniele L. Herring (Democratic)

Signed by Governor

Summary

Local regulation of solar facilities; special exceptions. Provides that a ground-mounted solar energy generation facility to be located on property zoned agricultural, commercial, industrial, or institutional shall be considered pursuant to various criteria to be included in a local ordinance, such as specifications for setbacks, fencing, solar panel height, visual impacts, grading, and a decommissioning plan for solar energy equipment and facilities, unless otherwise permitted by right. The bill requires localities to furnish the State Corporation Commission with a record of special exception decisions reached pursuant to these provisions that includes (i) the reason for any adverse decision, (ii) any finding of nonconformity with the local comprehensive plan, and (iii) the date of the last revision to the comprehensive plan. The bill further requires the State Corporation Commission to compile and maintain on the Commission's public website a searchable database of all solar special exception decisions and the reasons for any adverse decisions made over a period of not less than five years. Finally, the bill states that its provisions shall apply to any ground-mounted solar facility with a generating capacity of one megawatt or more for which an application for local approval is filed on or after July 1, 2026, and any such project shall not be governed by any local ordinances inconsistent with the bill; however, any application for a solar energy facility that has been received and accepted by the relevant authority prior to July 1, 2026, shall be subject to any applicable local ordinances in place at the time the initial application was filed. As introduced, this bill was a recommendation of the Commission on Electric Utility Regulation. This bill is identical to SB 347.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

New siting rules protect solar neighbors

Beginning July 1, 2026, ground-mounted solar projects of at least 1 megawatt serving other properties face new siting rules. Unless allowed by right, they need a special exception or siting agreement; localities do not have to approve them. Required distances are 150–200 feet from occupied homes and community buildings on nonparticipating properties, and 50–100 feet from roads. Other distances are 50 or 100 feet from specified wetlands and streams, depending on project capacity. They are 100–125 feet in Chesapeake Bay Preservation Areas and 50–75 feet from nonparticipating property lines. Panels are generally capped at 25 feet, with height variances available for farming below or near panels. Rules also cover fencing, screening, visual impacts, lighting, stormwater, soil, vegetation, wildlife passage, labor standards, and cleanup. Local ordinances may require up to 75 percent vegetative ground cover, without significant bare areas. An affected neighboring owner can agree in writing to waive setbacks; adjacent participating parcels need no setbacks along shared boundaries. Localities may allow projects by right or use siting agreements with less strict limits. Applications received and accepted before July 1, 2026, follow local rules in place when first filed.

Solar developers gain more zoning options

Beginning July 1, 2026, ground-mounted solar facilities are allowed by right on commercial, industrial, institutional, and mixed-use land. Local ordinances cannot ban this use, but applicable height, setback, historic, architectural-preservation, and corridor-protection rules still apply. On agricultural land, this permission covers only facilities operated under Virginia Code sections 56-594 or 56-594.2. Other solar projects on agricultural, commercial, or industrial land follow the law's separate approval process unless already allowed by right.

Solar owners must guarantee cleanup funding

Beginning July 1, 2026, localities must require covered solar owners, lessees, or developers to sign cleanup agreements and provide financial backing. This applies to property the locality determines is covered by the law, with cleanup due within the agreement's timeframe. The applicant hires a licensed professional engineer to estimate cleanup costs, subject to local approval. Backing can include certified funds, cash escrow, a bond, a letter of credit, or a parent-company guarantee. Estimates can account for net salvage value, reasonable default-related administrative costs, and annual inflation, but cannot exceed projected costs and allowed adjustments. The cost estimate and financial backing must be updated every five years. After a lease or property sale or transfer, notice is due within 30 days, along with an updated cleanup plan. The new leaseholder or property owner must provide a new guarantee. If the responsible party defaults, the locality may enter the property and remove the facility, helping protect taxpayers from cleanup costs.

Sponsors & Cosponsors

Sponsor

  • Charniele L. Herring

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 240 • No: 116

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 35

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 20 • No: 18

Senate vote • 3/4/2026

Passed Senate

Yes: 22 • No: 18

Senate vote • 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/2/2026

Reported from Local Government

Yes: 9 • No: 6

House vote • 2/5/2026

Read third time and passed House

Yes: 63 • No: 33

House vote • 1/30/2026

Reported from Counties, Cities and Towns with substitute

Yes: 15 • No: 5

House vote • 1/29/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 1

Actions Timeline

  1. Senate concurred in Governor's recommendation (20-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (64-Y 35-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1068)

    4/22/2026Governor
  4. Reenrolled bill text (HB711ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1068 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/13/2026Governor
  11. Fiscal Impact Statement from State Corporation Commission (HB711)

    4/6/2026House
  12. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  13. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  14. Signed by Speaker

    3/12/2026House
  15. Bill text as passed House and Senate (HB711ER)

    3/11/2026House
  16. Enrolled

    3/11/2026House
  17. Signed by President

    3/11/2026Senate
  18. Passed Senate (22-Y 18-N 0-A)

    3/4/2026Senate
  19. Read third time

    3/4/2026Senate
  20. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  21. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  22. Rules suspended

    3/3/2026Senate
  23. Reported from Local Government (9-Y 6-N)

    3/2/2026Senate
  24. Referred to Committee on Local Government

    2/6/2026Senate
  25. Constitutional reading dispensed (on 1st reading)

    2/6/2026Senate

Bill Text

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