Virginia HB 508: Solar facilities; local regulation.

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18103843D

HOUSE BILL NO. 508 

Offered January 10, 2018 

Prefiled January 8, 2018 

A BILL to amend the Code of Virginia by adding a section 
 numbered 15.2-2288.7, relating to local regulation of solar facilities. 
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Patrons-- Hodges and Lopez 

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Referred to Committee on Counties, Cities and Towns 

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Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding a section numbered 
 15.2-2288.7 as follows: 

� 15.2-2288.7. Local 
 regulation of solar facilities.

A. An owner of a residential 
 dwelling unit may install a solar facility on the roof of such dwelling to 
 serve the electricity or thermal needs of that dwelling, provided 
 that such installation is (i) in compliance with any height and setback 
 requirements in the zoning district where such property is located and (ii) in 
 compliance with any provisions pertaining to any local historic district 
 adopted pursuant to � 15.2-2306 where such property is located. Unless a local 
 ordinance provides otherwise, a ground-mounted 
 solar energy generation facility to be located on property zoned residential 
 shall be permitted, provided that such 
 installation is (a) in compliance with any height 
 and setback requirements in the zoning district where such property is located 
 and (b) in compliance with any provisions pertaining to any local historic 
 district adopted pursuant to � 15.2-2306 where such property is located. Except 
 as provided herein, any other solar facility proposed on property zoned 
 residential, including any solar facility that is designed to serve, or serves, 
 the electricity or thermal needs of any property other than the property where 
 such facilities are located, shall be subject to any applicable zoning 
 regulations of the locality. 

B. An owner of real property 
 zoned agricultural may install a solar facility on the roof of a residential 
 dwelling on such property, or on the roof of another building or structure on 
 such property, to serve the electricity or thermal needs of that property upon 
 which such facilities are located, provided 
 that such installation is (i) in compliance with any height and setback 
 requirements in the zoning district where such property is located and (ii) in 
 compliance with any provisions pertaining to any local historic district 
 adopted pursuant to � 15.2-2306 where such property is located. Unless a local 
 ordinance provides otherwise, a ground-mounted 
 solar energy generation facility to be located on property zoned agricultural and to be 
 operated under � 56-594 or 56-594.2 shall be permitted, provided 
 that such installation is (a) in compliance with any height and setback 
 requirements in the zoning district where such proper