On the agenda: Rockbridge County meeting — data center (Aug 12)

County of Rockbridge
Office of Community Development

PLANNING &
ZONING
540-464-9662

150 South Main Street
Lexington, Virginia 24450
Office: (540) 464-9662
www.rockbridgecountyva.gov

GEOGRAPHIC
INFORMATION
SYSTEM
540-464-9656

AGENDA
ROCKBRIDGE COUNTY PLANNING COMMISSION
BOARD OF SUPERVISORS MEETING ROOM
August 12, 2026
7:00 P.M.
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In addition to citizens attending the meeting in person, citizens have several options to view or participate in the
Zoom Meeting Webinar as described below:
(1)

Join the Rockbridge County Planning Commission Zoom webinar
When: Wednesday, August 12, 2026, at 7:00pm
Please click the link below to join the webinar:
https://us02web.zoom.us/j/88433219671?pwd=U2c4clU2N3VNK1hISVZaOU91TEh4Zz09
Password: 499294

(2)

Or Telephone:
Dial in to one of the following numbers
+1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248
7799
Webinar ID: 884 3321 9671
Password: 499294

If you have never joined a zoom webinar you can find instructions to join at the following link:
https://support.zoom.us/hc/en-us/articles/115004954946-Joining-and-participating-in-a-webinar-attendeeYou can also view the meeting live on the Rockbridge County Planning Commission Meeting on the YouTube
Channel at the following link
https://www.youtube.com/channel/UCI-l_WCVgwvCF3el9__IeqA?view_as=subscriber
You will see a video that has “LIVE NOW” in red text by it and prior recorded meetings. Click on the LIVE
NOW video to watch and listen to the meeting Live or view the recorded video another time.

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1. Call to Order
2. Citizen Comments
In addition to physically attending the meeting, Citizens Comments can be made by:
a. Join the Zoom webinar by phone or computer using the instructions at the top of page one (1) of
this document then using the information below:

i. You can click on "Raise Hand" button. The mediator will unmute you and announce that
you can address your comment.
ii. If you call in, the mediator will announce the phone number as it is unmuted and the caller
can then state if he or she wishes to comment.
3. Minutes (July 8, 2026)
4. Board and Committee Reports
5. New Beginnings Church, dba Castle Christian School, PO Box 41, Fairfield, VA 24435 (Public Hearing
- See Participation options below) - Application for a special exception permit to develop and operate a
private school in the Agricultural and General Uses (A-2) zoning district.
6. County of Rockbridge, Virginia, 150 South Main Street, Lexington, Virginia 24450 (Public Hearing See Participation options below) - Zoning Text Amendment (ZTA) to modify Chapter 30, Article III,
Sec. 30-12 (Specific Definitions) of the Code to update the definition of “Agrivoltaics.”
7. County of Rockbridge, Virginia, 150 South Main Street, Lexington, Virginia 24450 (Public Hearing See Participation options below) - Zoning Text Amendment (ZTA) to modify Chapter 30, Article VII,
Sec. 30-62 (Manufactured Homes) of the Code to modify the regulations pertaining to manufactured
homes.
8. County of Rockbridge, Virginia, 150 South Main Street, Lexington, Virginia 24450 (Public Hearing See Participation options below) - Zoning Text Amendment (ZTA) to modify Chapter 30, Article VII,
Section 30-72 (Solar Facilities) of the Code to modify the regulations pertaining to solar facilities.
Public Hearing – Participation Options
In addition to physically attending the meeting, public hearing comments can be made by
joining the Zoom webinar by phone or computer using the instructions at the top of page
one (1) of this document, then using the information below:
I. You can click on "Raise Hand" button. The mediator will unmute you and announce that
you can address your comment.
II. If you call in, the mediator will announce the phone number as it is unmuted and the
caller can then state if he or she wishes to comment.
9. Zoning Text Amendment (ZTA) Discussion a. Continued discussion on ZTA associated with Manufactured Homes
10. Adjourn

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION HELD ELECTRONICALLY AND IN PERSON IN THE COUNTY
ADMINISTRATIVE OFFICE BUILDING, 150 SOUTH MAIN STREET, LEXINGTON,
VIRGINIA ON JUNE 10, 2026, AT 7:00 P.M.
PRESENT:
ABSENT:
SECRETARY:
STAFF:
COUNTY ATTORNEY:
OTHERS:

ADAM SANDRIDGE, ANTHONY SUBRIZI, DAVID
WHITMORE, JAY MELVIN
TOM BEEBE
CHRIS SLAYDON
JASON TYREE, NEIL WHITMORE, VIVECA HANSON
JOHN DRYDEN
WALTER GARRETT
* * * * *

Mr. Whitmore called the meeting to order at 7:01 pm and conducted the following verbal
roll call: Mr. Subrizi – present, Mr. Melvin - present, Mr. Sandridge – present, Mr. Whitmore –
present, Mr. Beebe – absent.
Mr. Whitmore discussed that, as well as participating in the meeting in-person, citizens
may join the meeting remotely via phone or Zoom. The instructions for the remote options were
available on the County website. Those wishing to view the meeting, live or after the fact, could
do so on the Rockbridge Planning Commission YouTube channel, also linked on the County
website.
* * * * *
The second item on the agenda was the citizen comment period.
Mr. Whitmore announced that the citizen comment period was provided for comments
that did not pertain to any item currently on the agenda.
Mr. Whitmore asked if there was anyone physically present that had signed up to speak.
Mr. Slaydon said there was no one who signed up.
Mr. Whitmore asked if there were any hands raised via Zoom or phone.
Mr. Slaydon said there were no hands raised.
* * * * *
The third item on the agenda was a review of the minutes from the June 10, 2026
Planning Commission meeting.
Mr. Whitmore asked if the Planning Commissioners had the opportunity to review the
minutes and if there were any comments or questions.
Hearing none, Mr. Subrizi made a motion to approve the minutes as submitted at 7:03
pm.
Mr. Sandridge seconded the motion.
The motion was approved unanimously.
* * * * *
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The fourth item on the agenda was a review of the board and committee actions that had
taken place during the prior month.
Mr. Slaydon reported the following:
- At the June 22, 2026 Board of Supervisors meeting, the Board reviewed and approved
the zoning text amendment to the chickens and gardening section of the Regulations,
and the zoning text amendment to add a portion of the definition of public utilities,
major, as a use by special exception in the R-1 and R-2 zoning districts. It was noted
that the Board of Supervisors revised the language of the amendment from what had
been recommended by the Planning Commission, striking the one-acre minimum
requirement, and reinstating reasons the keeping of chickens could be objectionable.
Mr. Subrizi said the enforcement of the listed objections to the keeping of chickens had
been discussed by the Planning Commission and they were struck due to concerns about
enforcement. Mr. Subrizi noted that it did not seem to cause issues by retaining the enforcement
component.
Mr. Dryden said that the Board of Supervisors have the authority to make the ultimate
decision regarding such zoning text amendments.
Mr. Subrizi said he was present at the Community Development Committee meeting
when the group discussed the proposed amendment. It was discussed that the rationale behind
removing the one-acre minimum lot requirement was that any structure pertaining to the keeping
of chickens would have to be setback from any property line.
Mr. Slaydon added that chickens would have to be in a pen that is located at least 20 feet
off of any side or rear property line, regardless of the property size.
Mr. Subrizi said that with the addition of the setback requirements, the size of a lot was
no longer relevant.
Mr. Slaydon continued:
- A second zoning text amendment was approved by the Board of Supervisors at their
June 22, 2026 meeting pertaining to provisions for “public utilities, major” as a use by
special exception in the Residential zoning districts.
- Additionally at the June 22, 2026 Board of Supervisors meeting, the Board adopted a
resolution in support of an application for the VDOT Smart Scale for pedestrian and
vehicular improvements at the intersection of N Lee Hwy and Econo Ln. It was
reviewed that the Smart Scale program through VDOT provides 100 percent funding
for selected projects.
- Lastly, the Board of Supervisors reviewed and scheduled a public hearing for proposed
changes to the Office of Community Development fee schedule. It was explained that
the fee schedule is traditionally seen by the Planning Commission pertaining to the
applications reviewed. The public hearing for the matter was scheduled for the July 27,
2026 Board of Supervisors meeting.
- Neither the Tourism Corridor Overlay Board nor the Board of Zoning Appeals met
during the previous month.
Mr. Whitmore thanked Mr. Slaydon for his review.
* * * * *
The fifth item on the agenda was a special exception application to develop a contractor’s
equipment storage yard and associated office.
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Boundary Line Lane, LLC, 585 Alone Mill Rd, Lexington, VA 24450 has made an
application for a special exception permit to development a contractor’s equipment
storage yard and associated shop/office in the General Business (B-1) Zoning District.
The properties are located on the west side of Boundary Line Ln (Rt. 1024), north of the
intersection of N Lee Hwy (Rt 11) and Boundary Line Ln. The properties are owned by
Boundary Line Lane, LLC (above address), and are further identified as tax map
numbers 49-10-16 and 49-10-17. The properties are located in the B-1 Zoning District.
Per Sec. 30-42C (25) of the Code, “contractor’s equipment storage yards and associated
shop/office” are a use by special exception in the B-1 Zoning District. The properties are
in the Walkers Creek Magisterial District.
Mr. Slaydon gave a brief overview of the application and associated properties, further
identified as tax map numbers 49-10-16, consisting of 0.45 ac per tax records, and 49-10-17,
consisting of 1.001 ac per tax records. The properties were located on Boundary Line Lane and
were within the General Business (B-1) zoning district. Per Section 30-42C(25) of the
Rockbridge County Code, contractor’s equipment storage yards and associated shop/office are a
use by special exception in the B-1 zoning district.
Mr. Slaydon introduced Mr. Walter Garrett, managing member of Boundary Line Lane,
LLC, who was present to provide additional details regarding the proposed project.
Mr. Garrett came forward and introduced himself to the Planning Commission. Mr.
Garrett explained that the business is focused on landscaping and hardscaping, particularly for
new construction projects. It was noted that the business does not include landscape
maintenance, such as mowing or weed eating. Mr. Garrett reviewed that the business was started
out of his home, and eventually, additional employees were added. Over time, the business
outgrew the constraints of operating from home, so a location for a business building was sought.
The site plan for the properties was shown. Mr. Garrett explained that the proposed
facility would provide a place for employees to park their personal cars and pick up company
trucks before heading out to projects, and to have a location to store materials and equipment.
Mr. Garrett said that the proximity of the property to Route 11 was important, as well as having
the space to potentially create a retail space for clients. It was clarified that the sale of
landscaping materials like bulk mulch or topsoil is not currently planned. The materials
displayed for sale would be organized such that the palettes of more notable materials would be
stored towards the front of the material yard, with gravel and other materials behind them.
Mr. Garrett discussed that the properties were sloped such that made it easy to see the
back of the property from the road. However, grading work would level out the area such that the
back of the property will not be as visible from the road.
Mr. Whitmore thanked Mr. Garrett and asked if the Planning Commissioners had any
questions.
Mr. Subrizi asked what type of equipment, besides trucks, would be stored on the
property.
Mr. Garrett said that the company would store all types of equipment that are able to be
hauled without a commercial driver’s license. This was to include trucks of one ton or smaller
and trailers for hauling machinery, along with bobcats and mini excavators. Mr. Garrett noted
that he was purchasing the property with the intention of planning for future growth of the
business.
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Mr. Subrizi asked how many employees the business currently had, and if there were
plans to increase that number.
Mr. Garrett said there were currently five employees and that could be increased by a few
team members in the future to create two work crews.
Mr. Whitmore asked if the company mostly completed work at locations in the County.
Mr. Garrett said most of the jobs are in Rockbridge County but occasionally they would
have sites in Augusta or Bath County. It was noted that the larger areas such as Staunton and
Waynesboro are more saturated with landscaping companies.
Mr. Whitmore asked if the retail portion of the business would be in place from the start,
or if that was a future plan.
Mr. Garrett said the retail portion would likely be added at a later time but noted that the
materials for use on projects would still be displayed in view of clients considering services.
Mr. Whitmore said that, due to the property location in a business zoning district, the
business could start with retail sales only, which would be a permitted use in the zoning district.
Mr. Slaydon agreed that the special exception application applied to a narrow scope of
the overall development plan for the property. Mr. Slaydon reviewed that the retail sales portion
of the business is permitted in the B-1 zoning district, but the contractor’s equipment storage
yard requires a special exception permit. It was noted that the use is a by-right use in the General
Industrial (I-1) zoning district, but the availability of property in the I-1 zoning district is limited.
Mr. Garrett said it is the intent for the space to facilitate the business that he has been
running out of his home.
Mr. Subrizi asked to confirm that Mr. Garrett was currently running the business out of
his home.
Mr. Garrett said yes, but the team meets at the job site, not at his home.
Mr. Slaydon said that the County permits home-based businesses in the agricultural
zoning districts under the definition of cottage industries. It was noted that cottage businesses
limit the overall number of employees to five. Mr. Slaydon said that locating the business in the
B-1 zoning district allows for additional flexibility over the cottage industry regulations.
Mr. Subrizi asked if there was a limit to the number of employees for businesses in the B1 zoning district.
Mr. Slaydon said no.
Mr. Subrizi said there were some residential dwellings in the area surrounding the two
properties and asked if the neighbors had been approached regarding the proposed project.
Mr. Garrett said there were seven or eight houses in the surrounding area. Mr. Garrett
noted that, although the properties allow for the project plans shown, VDOT regulations could be
a limiting factor to the extent of the development. It was discussed that VDOT requirements will
not allow tractor-trailers to access Boundary Line Lane from Route 11. Mr. Garrett said that
much of the landscaping materials that will be stored are delivered in palettes on tractor-trailers.
Mr. Slaydon explained that VDOT did not have any concerns with obtaining a
commercial entrance permit onto the property, but rather the ability for a tractor trailer to have
enough turn radius to leave Route 11 and enter Boundary Line Lane. This concern was said to be
a limiting factor on the types of development that could be located on the properties. Mr.
Slaydon added that a typical blanket condition for many special exception permits states that the
permit is contingent upon approvals from several outside organizations such as the Building
Department, PSA, and/or Health Department, and VDOT.
Mr. Slaydon displayed a map of the properties and noted that there was a portion on the
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south side of the parcel, nearest to Route 11, that was in Flood Zone A (100-year flood zone),
which was also shown on the site plan.
Mr. Whitmore asked if there were any other questions for Mr. Garrett.
Hearing none, Mr. Whitmore thanked Mr. Garrett and opened the public hearing at 7:21
pm.
Mr. Whitmore asked if there was anyone physically present that had signed up to
comment.
Mr. Slaydon said there was no one that had signed up.
Mr. Whitmore asked if there was anyone wishing to speak via Zoom or phone.
Mr. Slaydon said that there were no hands raised.
With no comments, Mr. Whitmore closed the public hearing at 7:21 pm and returned the
discussion to the Planning Commission.
Mr. Sandridge said he believed that the property across the street from the subject parcel
was being utilized to store VDOT vehicles. Mr. Sandridge said that the property had been vacant
for quite a while, and he did not see any issues with the proposed use.
Mr. Subrizi said he did not see any issue with the proposed use but noted that the project
may not be initiated right away. Mr. Subrizi asked about the timing during which a special
exception permit needed to be implemented, according to state law.
Mr. Slaydon said the Code of Virginia states that the permit must be put into effect within
six months, unless otherwise specified in the special exception permit itself.
Mr. Subrizi said he would like to include a set time period for implementation that is
reasonable for the project.
Mr. Garrett stepped forward and said that the plans and equipment for the cut and fill in
order to grade the site were in place. However, the building plans were for the long term and
would be completed as able.
Mr. Subrizi explained that one of the draft conditions listed the project implementation
and completion dates. Mr. Subrizi asked if implementation was starting the project.
Mr. Slaydon read the definition of implementation, which was the process of making
something active or effective. Mr. Slaydon said that grading the property would be considered
implementation.
Mr. Melvin asked if Mr. Garrett planned to move forward with the project, after receiving
the feedback from VDOT.
Mr. Garrett said that if he is unable to move forward with developing the site, he would at
least be able to complete the cut and fill to make the property more appealing to another buyer.
Mr. Sandridge said he did not see a need to implement strict timelines on the project
when Mr. Garrett was trying to complete one phase at a time. Mr. Sandridge recommended that
Mr. Garrett secure the property to prevent theft of materials.
Mr. Subrizi said he agreed but reminded that not including any time period means the
permit expires after six months. Mr. Subrizi suggested implementation of the project within one
year, and completion within four years.
Mr. Garrett said that the proposed timeline sounded great.
Mr. Sandridge reiterated the six-month time period if no dates are specified, and said he
agreed with Mr. Subrizi’s suggestion.
Mr. Melvin suggested project completion within five years, noting that grading the site
improves the property and initiates implementation of the project.
Mr. Subrizi said he had suggested four years as it had been utilized as a time period for
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other projects. Mr. Subrizi added that he did not have an issue with providing additional time for
project completion.
Mr. Sandridge said he preferred providing more time rather than less.
Mr. Whitmore asked to confirm that the Planning Commission had the ability to set the
time frame to completion for longer than six months, such as the example of implementation
within one year and completion within five years.
Mr. Slaydon said yes, citing the ordinance which stated that a special exception must be
put into effect six months after the date the permit is issued, unless otherwise provided in the
permit itself.
Mr. Melvin said he liked the suggested timeline and noted that if the project is not
implemented within one year, the applicant could return for an amendment to the special
exception permit.
Mr. Slaydon agreed that there is the ability to modify conditions associated with a special
exception permit, through a process similar to the special exception application.
Mr. Whitmore added that the time frame would also allow Mr. Garrett to work out the
potential issue with VDOT.
Mr. Subrizi said he did not see the need to add any other conditions to the special
exception permit.
Mr. Slaydon read the proposed draft conditions that could be utilized as follows:
1. Substantial Compliance with the development plan titled “Garrett Landscapes Draft
Site Plan,” dated June 4, 2026.
2. Approval is contingent upon Rockbridge County Building Department, Erosion and
Sediment / Stormwater Management, Public Service Authority (PSA), and Virginia
Department of Transportation (VDOT) approvals.
3. Implementation of the project by ________________ and project completion
by________________.
Mr. Slaydon said that, based on the conversation, the third condition could state,
“Implementation of the project within 12 months and project completion within 5 years of the
date of approval.”
At 7:28 pm, Mr. Subrizi made a motion to recommend to the Board of Supervisors that
the application for a special exception permit to develop a contractor’s equipment storage yard
and associated shop/office, in the General Business (B-1) Zoning District, on the property
identified as tax map # 49-10-17, located on the west side of Boundary Line Lane (Rt 1024) be
approved with the following conditions:
1. Substantial Compliance with the development plan titled “Garrett Landscapes Draft
Site Plan,” dated June 4, 2026.
2. Approval is contingent upon Rockbridge County Building Department, Erosion and
Sediment / Stormwater Management, Public Service Authority (PSA), and Virginia
Department of Transportation (VDOT) approvals.
3. Implementation of the project within 12 months and project completion within 5
years of the date of approval.
Mr. Melvin seconded the motion.
The motion was approved unanimously.
* * * * *

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The sixth item on the agenda was a zoning text amendment pertaining to the membership
of the Agricultural/Forestal Overlay District Advisory Committee.
County of Rockbridge, Virginia, 150 South Main Street, Lexington, Virginia 24450 Zoning Text Amendment (ZTA) to modify Sec. 30-4 (F) (Agricultural/Forestal Overlay
Districts: Agricultural and Forestal Districts Advisory Committee) of the Code to update
the language associated with the membership requirements of the Agricultural and
Forestal Districts Advisory Committee.
Mr. Slaydon explained that Chapter 101 of the Acts of Assembly, enacted by the Virginia
General Assembly and signed by the Governor on March 14, 2026, modified the membership
requirements of the Agricultural/Forestal Overlay District Advisory Committee. It was reviewed
that Section 30-40(F) of the County Code covers the makeup of the Advisory Committee.
Mr. Slaydon read from the existing language of the ordinance that the “Commissioner of
Revenue or the County’s Chief Property Assessment Officer,” was required to be a member of
the Committee. However, the amendment to State Code provided the ability for a representative
from the office of either the Commissioner of Revenue or the County’s Chief Property
Assessment Officer to hold the seat instead.
Mr. Slaydon said that the change to State Law provides additional flexibility such that the
Commissioner of Revenue would not themselves be required to be a member of the Committee.
The language of the draft amendment was included in the Planning Commission package.
Mr. Whitmore thanked Mr. Slaydon and opened the oublic hearing at 7:31 pm. Mr.
Whitmore asked if there was anyone physically present that had signed up to speak.
Mr. Slaydon said there was no one that had signed up.
Mr. Whitmore asked if there were any hands raised via Zoom or phone.
Mr. Slaydon said he saw no hands raised.
With no public comments, Mr. Whitmore closed the public hearing at 7:31 pm and asked
if there was any discussion amongst the Planning Commission.
Mr. Sandridge said the amendment was necessary to follow the changes to State Code.
At 7:32 pm, Mr. Sandridge made a motion to recommend to the Board of Supervisors
that the zoning text amendment to Chapter 30, Article 6, Section 30-47(F) of the Rockbridge
County Code be approved.
Mr. Subrizi seconded the motion.
The motion was approved unanimously.
* * * * *
The seventh item on the agenda was a discussion and consideration of potential zoning
text amendments.
The first draft zoning text amendment that was discussed pertained to the definition of
agrivoltaics.
Mr. Slaydon reviewed recent changes to the Code of Virginia which established a
uniform definition of agrivoltaics. The uniform definition was enacted by House Bill 508, signed
by the Governor on April 6, 2026, and took effect on July 1, 2026. In order to comply with the
change to State Law, staff drafted an amendment to the existing definition of Agrivoltaics in
Chapter 30, Article III, Section 30-12 of the Rockbridge County Code.
The existing definition of agrivoltaics, as seen in the County Code, was as follows:
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“Agrivoltaics’ means Agricultural production, such as crop and/or livestock production in
the panel zone area and the solar open area.”
The proposed definition was as follows:
“Agrivoltaics means, the intentional co-location of agricultural production and solar
energy generation on the same land that (i) is designed to prioritize and sustain agricultural
productivity while simultaneously integrating renewable energy generation, (ii) allows the
ongoing production and sale of marketable agricultural products throughout the solar array's life,
(iii) is a part of a farm business that is consistent with commercial agricultural production, (iv)
has provisions for decommissioning to protect the land's agricultural resources and productivity,
(v) does not significantly displace farming activity, and (vi) ensures flexibility for farmers to
adapt to market conditions and support operational needs.”
Mr. Slaydon explained that, due to the nature of the adopted uniform definition at the
State level, the County had little flexibility to make any changes to the proposed definition as
presented.
Mr. Subrizi said he believed that the proposed definition created complications with the
previously adopted solar ordinance.
Mr. Slaydon asked if there was a specific example of such a scenario.
Mr. Subrizi said that he felt the proposed definition contradicted with the keeping of
pollinator friendly habitats as agrivoltaics, which he believed the existing definition included. It
was discussed that the state adopted uniform definition places restrictions that seem to exclude
such use.
Mr. Slaydon said that when the Solar Committee was previously discussing the definition
of agrivoltaics, as it existed in the County Code, there were examples from other localities that
did explicitly include pollinator-friendly plantings in their definition. Mr. Slaydon said he was
concerned at that time about the limitation of pollinator-friendly habitats in areas only in relation
to solar facilities when they previously would have been permitted outside of the Agricultural
zoning districts. It was clarified that, while the solar ordinance contained language about
pollinator-friendly habitats, it did not make the connection of classifying them as agrivoltaics.
Mr. Subrizi said he thought that if an application was submitted, which included
pollinator-friendly habitats, which did not meet the definition of agrivoltaics. It was added that it
could be difficult for an applicant to show that they will be able to maintain agrivoltaic uses on
the property for the life of the project, while allowing for potential adjustments as needed. An
example was given of a solar project that had previously utilized sheep on the property for
maintenance, but the use of which was later discontinued. Mr. Subrizi said the project would
then be out of compliance with the conditions of its special exception permit if agrivoltaic use
was included in the plans for the project and approved as such.
Mr. Slaydon said he understood the concern and noted the general assembly could choose
to revisit the previously adopted definition at a future time for possible revisions. It was noted
though, that the existing definition of agrivoltaics in the County Code did not extend to include
pollinator habitats, and neither would the proposed definition.
Mr. Subrizi said he agreed but noted that an application for a solar facility that utilized
agrivoltaics would have to demonstrate a more detailed plan for maintenance of the use and meet
the qualifications of the definition, compared to a site using pollinator-friendly habitats. Such
specific aspects of the definition were discussed.
Mr. Dryden said it was his understanding that, based on the definition adopted, the State
wanted to promote the use of agrivoltaics, while ensuring that the use is confined to those that
8

are agricultural in nature. It was noted that the narrowed definition could also be attached to
incentives for its use in the future.
Mr. Subrizi said that he liked the definition as proposed but felt that the Planning
Commission and Board of Supervisors would have little ability to deny an application for an
applicant that met all of the criteria set forth.
Mr. Dryden agreed that if an applicant met the standards set forth by the agrivoltaics
definition, the County would not have the ability to determine that the application did not utilize
agrivoltaics.
Mr. Whitmore asked how the proposed definition correlated with land use taxation, in
relation to the production of agricultural products on a property.
Mr. Slaydon said he would have to rely on the Commissioner of Revenue to provide
additional information on that topic. It was discussed that there had been conversation in the past
that a property primarily used for a solar facility would not qualify for land use taxation with the
addition of sheep on the property, for example.
Mr. Subrizi pointed out that the first portion of the proposed definition included land that
was “designed to prioritize and sustain agricultural productivity...”
Mr. Slaydon clarified whether Mr. Subrizi thought that the use of agrivoltaics on a solar
project would eliminate the ability for the Board of Supervisors to deny an application.
Mr. Subrizi said he understood there could be other reasons why a project utilizing
agrivoltaics could be denied but felt the topic would carry substantial weight in the decision.
Mr. Dryden reiterated that if site activity fell within the definition of agrivoltaics, the
County could not determine otherwise. However, whether an activity is considered agrivoltaics
or not would not be the only factor in a final decision on an application.
Mr. Subrizi said that a site plan associated with an application that utilizes agrivoltaics
would have to be very detailed in order to prove the use.
Mr. Dryden said he did not believe that the County would have a role in determining
whether an activity was agrivoltaics, because a special exception permit would be specific to the
use of a solar facility, not the use of agrivoltaics.
Mr. Subrizi said if an application for a solar facility included the use of grazing sheep on
the property, it would likely meet the requirements of the proposed definition.
Mr. Dryden asked if Mr. Subrizi was referring to an existing solar facility.
Mr. Subrizi said no; he was referring to a potential concept plan for a new solar facility
application.
Mr. Dryden said there had been other changes to the State Code that would help facilitate
the use of agrivoltaics on a solar facility site, such as the increased maximum height of solar
panels at full tilt. It was reiterated that many of the changes made to the State Code seem to
promote the use of agrivoltaics on solar facility sites.
Mr. Subrizi said there could be enforcement issues with agrivoltaics, such as mowing
property rather than grazing animals.
Mr. Dryden said there could be an enforcement mechanism if there was a condition
pertaining to agrivoltaics associated with a special exception permit. However, Mr. Dryden said
he did not foresee that the County would be making the determination whether a site activity met
the definition of agrivoltaics.
Mr. Subrizi said the Solar Ordinance mainly provides guidance on the submission of an
application for the use.
Mr. Dryden said some portions of the existing ordinance would have to be changed to
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conform with State Law.
Mr. Subrizi agreed.
Mr. Dryden said he agreed with Mr. Slaydon that the definition of agrivoltaics was a state
designation, and the County had little choice but to follow the Code and adopt the definition as
presented.
Mr. Subrizi asked where the amendment associated with the presented draft definition
would take place.
Mr. Slaydon said the amendment would be to the definition section of the County Code.
Mr. Dryden said the draft amendment was to make the local definition of agrivoltaics in
compliance with the State definition.
Mr. Subrizi reiterated his concern about potential conflicts with the existing Solar
Ordinance by changing the Agrivoltaics definition.
Mr. Dryden said it would be worth double-checking, but he did not believe any conflicts
would be created by adopting a new definition because of the narrow use of agrivoltaics within
the County Code.
Mr. Subrizi said that the definition presented took effect on July 1, 2026, regardless of the
definition in the local Code.
Mr. Dryden agreed and said that the amendment was needed to bring the County Code
into compliance.
Mr. Subrizi suggested staff review the language associated with the pollinator-friendly
habitats.
Mr. Dryden said he was aware of locations where the keeping of bees and selling the
resulting honey is classified as agriculture.
Mr. Subrizi said that example would qualify for agrivoltaics, because of the sale of the
resulting product.
Mr. Dryden agreed that agricultural business would have to be conducted.
Mr. Whitmore asked if there were any other questions or comments.
At 7:43 pm, Mr. Sandridge made a motion to take the draft zoning text amendment
pertaining to the definition of agrivoltaics to public hearing at the August 12, 2026 Planning
Commission meeting.
Mr. Melvin seconded the motion.
The motion was approved by the following vote:
AYES: Sandridge, Melvin, Whitmore
NAYS: Subrizi
ABSENT: Beebe
ABSTAIN: None
* * * * *
Mr. Slaydon reviewed that at the previous Planning Commission meeting, the Planning
Commission had made a motion to take the previously reviewed draft zoning text amendment to
the Solar Ordinance to public hearing at the July 8, 2026 meeting. The public hearing about this
item was not advertised for the current meeting, and as such, could instead be planned for the
August 12, 2026 Planning Commission. Mr. Slaydon said a new motion would be necessary in
order to instruct staff to do so.
Mr. Whitmore asked to clarify if the modifications were pertaining to the agrivoltaics
10

definition.
Mr. Slaydon said there were modifications to the Solar Ordinance itself that had been
discussed at the previous meeting, which were separate from the agrivoltaics definition.
Mr. Subrizi said his no vote pertaining to the agrivoltaics definition was due to wanting to
combine the amendments into one.
Mr. Slaydon said both amendments would be discussed.
Mr. Subrizi asked if they would both be on the August 12, 2026 meeting agenda.
Mr. Slaydon said yes.
At 7:45 pm, Mr. Sandridge made a motion to take the draft amendments to the Solar
Ordinance to public hearing at the next Planning Commission meeting.
Mr. Melvin seconded the motion.
The motion was approved unanimously.
* * * * *
The next draft zoning text amendment discussed pertained to the regulations for
manufactured housing.
Mr. Tyree provided a brief overview of recent changes to State Code that necessitated
amendments to the current zoning ordinance for manufactured housing. House Bill 655, signed
into law by the Governor, took effect July 1, 2026, and provided updates to the regulations
pertaining to the zoning of manufactured homes. Mr. Tyree reviewed that the update to the Code
of Virginia stipulated that local zoning regulations pertaining to manufactured homes cannot be
any more restrictive than those pertaining to site-built, single-family dwellings.
Mr. Tyree reviewed that the existing County Code Chapter 30, Article VII, Section 30-62
would require updates in order to comply with the changes included in House Bill 655. It was
added that an overlay district, such as the Tourism Corridor Overlay, or private covenants were
allowed to have restrictions on manufactured housing that could be more restrictive than those
for stick-built housing, a statement pertaining to which could be included in the draft
amendment. The State Code also contained restrictions stating that a manufactured home had to
be considered real property within five years of its placement, which carried regulations on
removing components such as the tow hitch, and being placed on a permanent foundation.
Mr. Melvin asked if restrictive covenants, such as those associated with an HOA, would
supersede the Regulations of the County Code.
Mr. Tyree said that if a subdivision has restrictive covenant pertaining to the placement
of manufactured homes, their regulations will supersede those of the County. This would include
those for both existing and future developments.
At 7:50 pm, Mr. Melvin made a motion to schedule the draft zoning text amendment for
public hearing at a future Planning Commission meeting.
Mr. Sandridge seconded the motion.
The motion was approved unanimously.
Mr. Slaydon said the goal would be to have the zoning text amendment scheduled for
public hearing at the upcoming August Planning Commission meeting.
Mr. Whitmore said there could be subdivisions that will be updating their restrictive
covenants due to the update.
Mr. Tyree said that he had spoken with representatives from a few other localities and
they were also in the process of updating their respective codes in response to the change in State
11

Law, in coordination with their existing regulations. It was noted that some localities are placing
restrictions in certain districts that preserve the overall look of the area, which limit the types or
aesthetics of mobile homes that would be allowed.
Mr. Subrizi asked if there were any potential amendments to the restrictions pertaining to
stick-built homes that should be considered as they will apply to manufactured homes as well.
Mr. Subrizi asked if there was any requirement for the pitch of a roof associated with a singlefamily dwelling.
Mr. Tyree said no, the roof of a dwelling could be flat.
Mr. Subrizi asked if the reason pitched roofs were popular was due solely to aesthetics.
Mr. Tyree said yes but mentioned that there can also be less maintenance associated with
a pitched roof than one that is flat.
Mr. Subrizi asked if pitched roofs could be added as a requirement.
Mr. Tyree said no.
Mr. Sandridge said his office building has a flat roof and there have been many
maintenance issues due to the lack of slope.
Mr. Subrizi said that could be justification for requiring a sloped roof.
Mr. Sandridge said flat roofs often cause standing water on top, leading to issues.
Mr. Tyree said another locality he had spoken with was planning to implement a
minimum width restriction of 20 feet, which would apply to all single-family dwellings. Mr.
Tyree said this width restriction removes the ability to place a single-wide as a dwelling, though
still allowing for double-wide homes.
Mr. Subrizi asked how the minimum width restriction was justified, as it essentially
prohibits single-wide units.
Mr. Tyree said the restriction would also likely prohibit the use of tiny homes. It was
noted that there could be future challenges to the law as it stands.
Mr. Whitmore said the overall goal of the amendment to State Code to increase the stock
of affordable housing was beneficial.
Mr. Tyree agreed that the was likely the goal of the Bill, as manufactured housing has
traditionally been less expensive quicker to obtain than stick-built dwellings.
* * * * *
With no additional discussion, at 7:56 pm, Mr. Sandridge made a motion to adjourn.
Mr. Subrizi seconded the motion.
The motion was approved unanimously.
Meeting adjourned.
Respectfully Submitted,
_____________________________
Christopher T. Slaydon
Secretary

12

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY, VIRGINIA PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY, AUGUST 12, 2026
AGENDA ITEM:

New Beginnings Church, dba Castle Christian School, PO Box 41,
Fairfield, VA 24435 - Application for a special exception permit to
develop and operate a private school in the Agricultural and
General Uses (A-2) zoning district.

SUBMITTED BY:

Chris Slaydon - Director of Community Development

DATE:

August 4, 2026

SUMMARY OF INFORMATION:
New Beginnings Christian Church, a Nonprofit 501 (c)(3), DBA Castle Christian
School, PO Box 41 Fairfield Virginia, 24435 (Lori Teague Principal of Castle Christian
School), has made an application for a special exception permit to operate a private
school in the Agricultural and General Uses (A-2) Zoning District.
The private school is proposed on the property that is currently owned by Paul W.
Chittum Jr. and Priscilla F. Chittum and is located on the north side of N Lee Hwy (Rt.
11), 0.16 miles northeast of the intersection of N Lee Hwy and Jonestown Rd. (Rt. 707).
The property is identified as TM# 39-A-21B (4.23 ac. - per tax records) and is located in
the A-2 zoning district. Per Chapter 30, Article VI, Section 30-38D(21) of the Code,
private schools are a use by special exception in the A-2 zoning district. The property is
currently vacant and is accessed via an existing easement through the adjoining
property (TM# 39-A-21). The existing access road currently serves the Public Service
Authority elevated water tank and the existing telecommunications tower located to the
north of the 4.23-acre parcel.
On July 25, 2022, the Board of Supervisors approved a special exception application for
Castle Christian School to operate in the existing facilities at Grace Bible Camp, located
at 111 Bible Camp Goshen Virginia. Per conditions, that facility is limited to fifty (50) day
students, Kindergarten through grade twelve. There have not been any zoning
violations/complaints associated with the existing school.
Per the enclosed written description of plans, New Beginnings Christian Church is the
contract purchaser of the property. The proposed school will include kindergarten
through grade twelve with a total of 100 students. All students will be day students only
and there will not be any boarding associated with the school.
Below are conditions that could be utilized with a recommendation of approval:

1.
2.
3.
4.
5.
6.
7.

8.

General conformance with the sematic plan titled, “Special Exception Plan
(Job - Castle Christian School/New Beginnings Christian Church),” dated
July 21, 2026.
Total number of students not to exceed ________ (___).
The school will be limited to day students only. No boarding students.
School will be limited to kindergarten through 12th grades.
All trash shall be taken directly to the landfill and not to County collection
centers or County green boxes.
Lighting shall be in compliance with 1303.00 of the Rockbridge County
Land Development Regulations.
Approval contingent on Virginia Department of Transportation (VDOT),
Public Service Authority and/or the Lexington Rockbridge Health
Department, Building Department, and the Rockbridge County Office of
Fire-Rescue and Emergency Management approvals, and compliance
with the Department of Education requirements.
Obtain and post a land disturbance permit or building permit within
______________ of date of approval of the special exception permit.

Recommendation:
Consider the information provided, receive public comments, and if there is a
consensus of the Commission, make a recommendation to the Board of Supervisors.
Attachments:
Application
Notice of Public Hearing
Location Map
Zoning Map
Statement of Justification
Sematic plan titled Special Exception Plan (Job - Castle Christian School/New
Beginnings Christian Church)

County of Rockbridge
Office of Community Development
150 South Main Street

PLANNING AND ZONING
540-464-9662

GEOGRAPHIC
INFORMATION SYSTEM
540-464-9656

Lexington, Virginia 24450

CHRIS SLAYDON
Director of Community Development

www.rockbridgecountyva.gov

[email protected]

TO:

Adjoining Property Owners and Interested Parties

FROM:

Chris Slaydon, Director of Community Development

DATE:

July 29, 2026

SUBJECT:

Notice of Public Hearing
Public Notification of an Application for a Special Exception Permit

The following property in your area is under consideration for a Special Exception Permit.
Notice is hereby given per Section 15.2-2204 of the Code of Virginia and Sections 30-77(3)(4) and (9)
Chapter 30, Article VIII of the Rockbridge County Code (the Code) that the following public hearing will
be held by the Rockbridge County Planning Commission on Wednesday, August 12, 2026, at or after 7:00
p.m. in the Board of Supervisors Meeting Room in the County Administration Building, 150 South Main
Street, Lexington, Virginia 24450 to consider the following application:
New Beginnings Church, dba Castle Christian School, PO Box 41, Fairfield, VA 24435, has made an
application for a special exception permit to develop and operate a private school in the Agricultural and
General Uses (A-2) zoning district. The property is identified as TM# 39-A-21B (4.23 ac. – per tax records)
and is located on the north side of N Lee Hwy (Rt. 11), 0.16 miles northeast of the intersection of N Lee
Hwy and Jonestown Rd. (Rt. 707). The property is owned by Paul W. Chittum Jr. and Priscilla F. Chittum
and is located in the A-2 zoning district. Per Chapter 30, Article VI, Section 30-38D(21) of the Code,
private schools are a use by special exception in the A-2 zoning district. The property is in the South River
Magisterial District.
Information on this application is available in the Rockbridge County Office of Community
Development, 150 South Main Street, Lexington, Virginia or by calling 540-464-9662.
In addition to citizens physically attending the meeting, citizens are able to participate in the public
hearing via Zoom. The Zoom link and password can be found on the Planning Commission’s meeting
agenda to be posted on the County webpage (www.rockbridgecountyva.gov). The Agenda and the
Agenda package will be posted to the County webpage one week prior to the meeting.

Page 1 of 1

Castle Christian School
Statement of Justification
July 10, 2026
I.​
​

Introduction

​
Castle Christian School has been operating since August of 2022. CCS provides
quality private Christian education for students in Grades K-12 in Rockbridge County
and surrounding area.Castle Christian is currently located at the Grace Bible Camp
property (111 Bible Camp Lane). Castle rents school space at Grace Bible August
through May. During the 2025-26 school year, there were 45 students in grades K-11.
As of June 2026, 11 new students have registered for the 2026-2027 school year.
Students who attend CCS are from Rockbridge County, Buena Vista City, Lexington
City, Augusta County, Amherst County and Bath County school divisions. Castle is
currently providing transportation for 39 students each day via bus from Lowe’s in
Lexington. There are currently 7 staff members and one administrator at CCS. The New
Beginnings Christian Church is a non-profit 501(c)(3) Castle has been designated as a
DBA under the 501(c)(3) status of NBCC since 2021.
​
Castle Christian is focused on a rigorous educational program led by highly
qualified teaching staff. Academics include the traditional four core content areas of
Literacy, Math, Science and History. In addition to the traditional academic areas, daily
instruction in Bible and Outdoor education will be part of the students’ day.
​
New Beginnings Christian Church was established in 2017 and currently has
approximately 125 in attendance each Sunday. New Beginnings originally met at
Whistle Hollow Farm in the barn venue. After several years of growth, the church
needed additional space to accommodate those in attendance and children’s programs.
Since February 2026, New Beginnings has held Sunday services at Fairfield
Elementary School.
​
Castle Christian School & New Beginnings are seeking a special exception for
construction of a facility on the property located in the Fairfield area of Rockbridge
County,Parcel number 39-A-21B, currently owned by Paul W. and Priscilla Chittum.
Castle Christian has a contract to purchase the 4.23 acre property pending the receipt
of a special exception permit. Our goal is to construct a building to accommodate a
maximum of 100 K-12 students on the property. New Beginnings Christian church would
also meet in this building for church services. The church is currently renting space at

Fairfield Elementary School for Sunday services with an average of 125 attendees each
week.
II.​

Existing Conditions and Zoning

​
Special Exception
​
​
Castle Christian School (New Beginnings Church) respectfully seeks approval of
a special exception application pursuant to Section 603.03-20 of the Zoning Ordinance
to allow the construction of a private Christian school for a maximum 100 students on
the property Parcel ID: 39-A-21B located in the South River District of Rockbridge
County. The property is currently owned by Paul and Priscilla Chittum.The property is
currently zoned Agricultural and General Use (A-2) Castle Christian School is currently
under contract to purchase the property for future building of a school pending approval
of a special exception permit to do so. Castle Chrisitan / New Beginnings would like to
construct a building that would house both Castle Christian School (Monday-Friday) and
New Beginnings Church on Sundays. Castle Christian School is a DBA of New
Beginnings Christian Church and was established in 2022.

III.​

Academics

The CCS Mission is to provide a rigorous and researched based academic
experience rooted in the Word of God. Our goal is academic excellence with a focus on
Christ’s love and commitment for each student. We hope to foster a desire for
excellence in students to always do their best for Christ and His glory in their future.
Since 2022, Castle has focused on a rigorous academic program with an
emphasis on outdoor activity. We plan to continue that focus at the new location taking
advantage of the rural location.
​
Classes are instructed by highly qualified teachers. Currently there are six full
time teaching staff at CCS who instruct students in grades K-11. The majority of our
teachers are classroom veterans with an average of 17 years teaching experience.
CCS recognizes that highly qualified staff are vital in order to meet the needs of all
learners and provide the highest quality instruction for our students. All staff members
including volunteers and bus drivers are required to submit to a fingerprinting
background check through the Central Criminal Records Exchange to the FBI as a
condition of employment.
The CCS academic program includes the four core content subjects of Literacy,
Math, Science and History as well as instruction in Bible and Outdoor Learning. During
the 2026-27 school year we will have students in grades K-11. Our goal is a complete

K-12 program for the 2027-28 school year. CCS would like to eventually employ 10 full
time teachers in order to cover all content and grade levels. We are firm believers that
small classrooms create the best learning environment so we will be limited each grade
level to no more than 10 students. It has been our experience so far that Grades 9-12
have much smaller classes than the K-8 classrooms.
The K-8 program emphasizes literacy and math skills as a priority, understanding
that good readers and communicators make exceptional learners beyond the
elementary years. A typical daily schedule is used to accomplish this task. With 50-90
minute blocks of instruction throughout the day. CCS provides flexibility in grouping and
acceleration for students working above grade level as well. Students may be placed in
higher grade level courses if they demonstrate an aptitude for a specific content area. It
has not been unusual for our students to be in classes one and even two grade levels
above their age. An example of this from the 25-26 school year was two 8th grade
students completed high school geometry, generally taken during a 10th grade year for
most students.
​
Our high school program has equal emphasis for students who wish to take dual
enrollment courses for college credit and those who seek to learn skilled trades such as
welding, contracting, electrical work, cosmetology, logging ,auto body, HVAC, etc. and
participate in apprenticeship programs. Our high school program includes placing
students with sponsoring businesses for part of the week and on campus learning for
the core content classes for the remainder of the week. We feel strongly that there are
many missed opportunities for employment for students graduating from high school
without career plans or skills. With the emphasis on learning a skill and having job
experience and training before graduation, we hope to have students graduate into jobs
that help our local economy. Students will graduate empowered to meet the challenges
of college and equally prepared to pursue a career in the trades or other employment
fields. We believe that pursuing a program outside of college does not make students
second class citizens.
CCS will continue to provide shuttle transportation from a central location in
Lexington. CCS currently has two buses for transport. One bus carries a total of 22
passengers and the other a full sized bus that can carry 70 passengers. Parents also
have the option to take their children to school. During the 2025-26 school year, a total
of 39 students utilized daily bus transportation to and from school. A move to the
Fairfield area would ease that a bit as more than 45% of our students live within driving
distance for their parents to provide school transportation. We plan to continue to
provide transportation to students from a central location and will more than likely add
another location closer to the Goshen area for students living there.
CCS currently provides a hot lunch option for students each day. We are
currently licensed under the VA Department of Health and plan to include an inspected
kitchen in our building plan to continue to offer these daily lunch options.

Our school calendar includes 180 student days with 6.5 hours of instruction per
day or 1,170 instructional hours. This exceeds the 990 clock hours of required time by
the Commonwealth of Virginia. Our enrollment guidelines require parents to produce a
birth certificate for their child, immunization records as well as a VA School Physical
performed by a VA licensed physician as required by the Commonwealth of Virginia.
Private School Regulations require that a private school maintain attendance records
that can be reviewed upon request by the state. We will be using “Gradelink” for our
student information system. This will allow us to maintain attendance and academic
records for CCS students as well as emergency contact information, health information
and standardized assessment data in an online format.
Castle Christian is currently a member of the Association of Christian Schools
International(ACSI). Through this organization our teacher can receive recertification
and professional development. ACSI also provides an avenue for full accreditation
which is a goal for CCS by 2028. Accreditation requires a few years of performance
data that we have only recently been able to gain over the last four years.
​
IV.​
Conformance to Comprehensive Plan
​
Castle will continue to promote and focus on Outdoor Learning that will imbue
our students with the importance of conservation in Rockbridge County. This would
certainly serve to create good stewards of our natural resources for future generations.
When children experience and understand the importance of those resources at a
young age they are more likely to value and protect those areas from overdevelopment
in their future.
​
By continuing a focus on the inclusion of local and community history, we hope to
also foster a love for community in our students that would result in young adults who
have a better understanding and appreciation of their own community. This connection
and understanding of their own local surroundings can only create young adults who will
value and understand the need for a balance between economic development and the
protection of natural resources and wilderness areas in Rockbridge County.

V.​

Castle Christian School / New Beginnings Church Facility

​
The photos and maps show the 4.23 acre property located in Fairfield in the
South River District of Rockbridge County,Parcel number 39-A-21B, currently owned by
Paul W. and Priscilla Chittum. Parcel where the proposed building would be located.

Image 1: Property View South East. The property line begins in the stand of trees
and the border is the fence in the picture. View of current road on the property

Image 2

Image 3: View of current entrance drive from Route 11.

View 4: View to the West from middle of the property

​
Our ancillary documents include a schematic drawing of the proposed use of the
property. We have identified the planned construction including proposed location of a
building, parking areas, playground, approximate location of drainage ponds, traffic
pattern and driveway location. The plan includes access to county water and a
proposed pump house to access county sewer located in the median of Route 11.
​
The proposed building would serve approximately 100 students in grades K-12
and be approximately 15,000 square feet. The building would include space for
classrooms, cafeteria, office, storage, an auditorium and classroom and office space for
church use.

VI.​
Conclusion
​
​
Castle Christian School& New Beginnings Christian Church respectfully seeks
approval of a special exception application to construct a private K-12 Christian school/
church on the property located in the Fairfield area of Rockbridge County, Parcel
number 39-A-21B, currently owned by Paul W. and Priscilla Chittum.

Respectfully submitted:
Lori S Teague, Principal Castle Christian School
540-531-2077 / 540-461-1594

SITE

© 2026 Microsoft Corporation © 2026 TomTom © 2026 Zenrin

VICINITY MAP
NO SCALE

CASTLE CHRISTIAN SCHOOL / NEW
BEGINNINGS CHRISTIAN CHURCH
SOUTH RIVER MAGISTERIAL DISTRICT
ROCKBRIDGE COUNTY, VIRGINIA

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SPECIAL EXCEPTION PLAN

0

GRAPHIC SCALE
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C200
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1

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY, VIRGINIA PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY, AUGUST 12, 2026
AGENDA ITEM:

County of Rockbridge, Virginia, 150 South Main Street, Lexington,
Virginia 24450 - Zoning Text Amendment (ZTA) to modify Chapter
30, Article III, Sec. 30-12 (Specific Definitions) of the Code to
update the definition of “Agrivoltaics.”

SUBMITTED BY:

Chris Slaydon - Director of Community Development

DATE:

August 4, 2026

SUMMARY OF INFORMATION:
Recent changes to the Code of Virginia established a uniform definition of agrivoltaics.
House Bill 508, which enacts the definition relating to small renewable energy projects,
was approved by the Governor on April 6, 2026, and took effect on July 1, 2026.
To comply with the changes in State law, staff proposes an amendment to the existing
definition of Agrivoltaics in the Rockbridge County Code Chapter 30, Article 3, Section
30-12 (Specific Definitions).
The exiting definition of Agrivoltaics is as follows:
Section 30-12

Specific Definitions

“‘Agrivoltaics’ means Agricultural production, such as crop and/or livestock
production in the panel zone area and the solar open area.”
The uniform definition of Agrivoltaics set in place by the amendment to the Code of
Virginia is:
“‘Agrivoltaics’ means the intentional co-location of agricultural production and
solar energy generation on the same land that (i) is designed to prioritize and
sustain agricultural productivity while simultaneously integrating renewable
energy generation, (ii) allows the ongoing production and sale of marketable
agricultural products throughout the solar array's life, (iii) is a part of a farm
business that is consistent with commercial agricultural production, (iv) has
provisions for decommissioning to protect the land's agricultural resources and
productivity, (v) does not significantly displace farming activity, and (vi) ensures
flexibility for farmers to adapt to market conditions and support operational
needs.”
At its July 8, 2026, meeting the Planning Commission discussed the proposed zoning
text amendments and instructed staff to advertise for a public hearing at it August 12,
2026 meeting.

Recommendation:
Consider the information provided, receive public comments and if there is a consensus
of the Commission, make a motion recommending approval of the proposed zoning text
amendment to the Board of Supervisors.
Attachments:
None

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY AUGUST 12, 2026
AGENDA ITEM:

County of Rockbridge, Virginia, 150 South Main Street, Lexington,
Virginia 24450 - Zoning Text Amendment (ZTA) to modify Chapter
30, Article VII, Sec. 30-62 (Manufactured Homes) of the Code to
modify the regulations pertaining to manufactured homes.

SUBMITTED BY:

Jason Tyree - Zoning Administrator

DATE:

August 4, 2026

SUMMARY OF INFORMATION:
During the 2026 Session of the Virginia General Assembly, House Bill 655 was adopted
and subsequently signed into law by the Governor. The legislation became effective on
July 1, 2026, and amended the Code of Virginia regarding local regulation of
manufactured homes.
As a result of these amendments, local zoning ordinances may not impose standards or
restrictions on manufactured homes that are more restrictive than those applied to sitebuilt single-family dwellings solely because the dwelling is a manufactured home. While
localities retain the authority to regulate matters such as zoning district placement,
setbacks, lot size, floodplain requirements, utility connections, and compliance with the
Virginia Uniform Statewide Building Code, provisions that impose additional design,
dimensional, age-based, or other requirements unique to manufactured homes must be
reviewed for consistency with the new state law.
Rockbridge County's current Manufactured Home Ordinance (County Code Section 3062) contains several provisions that were adopted prior to these legislative changes.
Staff has completed a review of the ordinance and identified sections that could be
amended to ensure consistency with the requirements of the Code of Virginia. Proposed
amendments include the removal or revision of provisions that may impose standards
on manufactured homes beyond those applicable to other single-family dwellings while
retaining those provisions that remain under the County's zoning authority.
The proposed amendment is intended to bring the County's ordinance into compliance
with state law while preserving the County's ability to regulate land use, public health
and safety, and the installation of manufactured homes in accordance with applicable
state regulations.
At its July 8, 2026, meeting the Planning Commission reviewed the proposed zoning
text amendments and instructed staff to advertise for a public hearing at an upcoming
meeting.

Along with the proposed modifications to Section 30-62, other sections of the ordinance
will require updating in order to comply with HB 655. This includes sections such as the
uses in various districts and regulations associated with the Flood Hazard District.
The notice of public hearing associated with this agenda item was advertised with the
narrow scope of modifications associated with Section 30-62. Therefore, staff suggests
that the Planning Commission review the other prevalent sections of the ordinance
(Agenda Item 9A: Continued discussion on ZTA associated with Manufactured Homes)
and instruct staff to advertise for an additional public hearing on the topic at a future
meeting.
RECOMMENDATION
Consider the information provided, and if there is a consensus of the Commission,
make a motion to schedule the zoning text amendment for public hearing at the August
12, 2026 Planning Commission meeting.
ATTACHMENTS
House Bill 655 (2026 Session)
Proposed Amendments to Section 30-62 – Manufactured Homes (Redline)
Proposed Amendments to Section 30-62 – Clean Copy

Proposed Zoning Text Amendments
Planning Commission 08-12-2026
Sec. 30-62. Manufactured homes.
1) Any manufactured home placed in Rockbridge County after the date of enactment or
amendment of this Ordinance shall meet the following requirements: Any
manufactured home placed in Rockbridge County after the date of enactment or
amendment of this Ordinance shall meet the following requirements:
a. No manufactured home constructed prior to July 1, 1976, shall be erected,
installed, sold or relocated in Rockbridge County except under the following
conditions:Manufactured homes erected, installed, relocated, or sold within
Rockbridge County shall comply with the Federal Manufactured Home Construction
and Safety Standards (24 CFR Part 3280) and shall bear a valid HUD certification
label indicating such compliance.
b. Manufactured homes that do not comply with subsection A (Above) that existed in
the County prior to November 1, 1995, shall be:
i.

Allowed to be relocated into, or remain in a manufactured home park; or
Allowed to remain a non-conforming structure outside a manufactured
home park per Section 30-63 of these regulations.

i.ii.

The manufactured home existed in the County prior to November 1, 1995,
shall be allowed to be relocated into, or remain in a manufactured home
park; and,
The manufactured home located outside a manufactured home park shall
be allowed to remain as a non-conforming structure per Section 30-63 of
these regulatio
2)c.
All manufactured homes constructed after July 1, 1976, shall display the
HUD seal or the seal of a testing laboratory approved by the State of Virginia.
Manufactured homes shall be installed in accordance with the Virginia Uniform
Statewide Building Code (USBC) and all applicable state and local requirements
governing foundation systems, utility connections, and site installation.
a.d.
The overall density of any manufactured home development shall not exceed
seven (7) units per gross acre. The density of any particular acre within such park
shall not exceed eight (8) units per gross No main or accessory building shall be

located closer than twenty-five (25) feet to any property line of a manufactured
home park. Manufactured homes shall be connected to approved water and
wastewater systems, either public or individual systems as approved by the Virginia
Department of Health.
3)
4) No manufactured home or permanent building shall be closer than seven and a half (7
½) feet to any lot line.
a.2) The minimum length of a manufactured home lot shall be eighty-five (85) feet; the
minimum width shall be forty (40) feet.The rear yard of each manufactured home lot
may be provided with a clothesline which shall be exempt from setback and other
requirements of manufactured home accessory structures.Manufactured Home
Accessory Structures. All manufactured home accessory structures erected or
constructed after the date of enactment or amendment of this Ordinance must meet
the following requirements: Use of Manufactured Homes
i.a. All manufactured home accessory structures must meet the plumbing, electrical
connection, wiring, construction, and other applicable requirements of the Building
Code. Manufactured homes may be used as single-family dwelling in any zoning
district where single-family dwellings are permitted, subject to the same use
regulations and area requirements applicable to site-built dwellings within the same
district, including but not limited to minimum lot area, setbacks, height limitations,
and other generally applicable development standards.
b. Manufactured homes or manufactured construction o ice trailers may be used as
temporary on-site construction o ices, in accordance with the Virginia USBC,
during the course of an active construction project in the Business and Industrial
zoning districts. O -site construction o ices in these zoning districts shall require a
special exception permit. In all other zoning districts, the use of a temporary
construction o ice trailer shall require a special exception permit. Except in the
case of an awning, ramada, or other shade structure, where a manufactured home
accessory structure is attached to the manufactured home unit, a substantial part
of one (1) wall of the accessory structure shall be flush with part of the
manufactured home unit, or such accessory structure shall be attached to the
manufactured home unit in a substantial manner by means of a roof. All
manufactured home accessory structures, whether attached or detached, shall be
designed and constructed as free standing structures. No detached manufactured
home accessory structure, except ramadas, shall be erected closer than seven and
a half (7 ½) feet to a manufactured home.

b. Manufactured homes or manufactured construction o ice trailers may be used as
temporary construction o ices, during the course of an active construction project
Business and Industrial istricts.
c.3)

Placement in Residential Districts

a. The placement of manufactured homes shall be permitted for manufactured homes
that are:
i. Converted to real property in accordance with § 46.2-653.1, and;
ii. Constructed so that the certificate of occupancy is issued within five years
following the date of manufacture listed on the home's data plate, and;
i.iii. Placed on individual lots.
The following information shall be required of site plThe date of the site
plan, the name of the surveyor and the number of sheets comprising the
site
d.4) Manufactured Home Park Lot Requirements. All manufactured home lots shall meet
the following rConversion to Real Property and Taxation
e.a.
The area of any manufactured home lot shall not be less than three thousand
four hundred (3,400) square feet.Manufactured homes placed on individual lots
shall be eligible for conversion to real property in accordance with §46.2-653.1 of
the Code of Virginia and shall be assessed for taxation in accordance with
applicable state law.
5) Prohibited Units
a. Manufactured homes that do not bear a HUD certification label or that cannot
otherwise demonstrate compliance with the Federal Manufactured Home
Construction and Safety Standards shall not be permitted for placement or
installation within the County, except where specifically authorized by the Building
O icial for limited, lawful non-residential or temporary use consistent with Sec. 3062(2B) and with applicable law.
6) Applicability
5)a.
Nothing in this Section shall be construed to limit the County’s authority to
apply generally applicable regulations, including but not limited to the Virginia
Uniform Statewide Building Code, health regulations, floodplain regulations,
erosion and sediment control requirements, and other state or federally authorized
requirements applicable to all dwellings within the same zoning district.

Proposed Zoning Text Amendments
Planning Commission 08-12-2026

Sec. 30-62. Manufactured homes.
1) Any manufactured home placed in Rockbridge County after the date of enactment or
amendment of this Ordinance shall meet the following requirements:
a. Manufactured homes erected, installed, relocated, or sold within Rockbridge
County shall comply with the Federal Manufactured Home Construction and Safety
Standards (24 CFR Part 3280) and shall bear a valid HUD certification label
indicating such compliance.
b. Manufactured homes that do not comply with subsection A (Above) that existed in
the County prior to November 1, 1995, shall be:
i.
ii.

Allowed to be relocated into, or remain in a manufactured home park; or
Allowed to remain a non-conforming structure outside a manufactured
home park per Section 30-63 of these regulations.

c. Manufactured homes shall be installed in accordance with the Virginia Uniform
Statewide Building Code (USBC) and all applicable state and local requirements
governing foundation systems, utility connections, and site installation.
d. Manufactured homes shall be connected to approved water and wastewater
systems, either public or individual systems as approved by the Virginia Department
of Health.
2) Use of Manufactured Homes
a. Manufactured homes may be used as single-family dwelling in any zoning district
where single-family dwellings are permitted, subject to the same use regulations
and area requirements applicable to site-built dwellings within the same district,
including but not limited to minimum lot area, setbacks, height limitations, and
other generally applicable development standards.
b. Manufactured homes or manufactured construction o ice trailers may be used as
temporary on-site construction o ices, in accordance with the Virginia USBC,
during the course of an active construction project in the Business and Industrial
zoning districts. O -site construction o ices in these zoning districts shall require a

special exception permit. In all other zoning districts, the use of a temporary
construction o ice trailer shall require a special exception permit.
3) Placement in Residential Districts
a. The placement of manufactured homes shall be permitted for manufactured homes
that are:
i. Converted to real property in accordance with § 46.2-653.1, and;
ii. Constructed so that the certificate of occupancy is issued within five years
following the date of manufacture listed on the home's data plate, and;
iii. Placed on individual lots.
4) Conversion to Real Property and Taxation
a. Manufactured homes placed on individual lots shall be eligible for conversion to
real property in accordance with §46.2-653.1 of the Code of Virginia and shall be
assessed for taxation in accordance with applicable state law.
5) Prohibited Units
a. Manufactured homes that do not bear a HUD certification label or that cannot
otherwise demonstrate compliance with the Federal Manufactured Home
Construction and Safety Standards shall not be permitted for placement or
installation within the County, except where specifically authorized by the Building
O icial for limited, lawful non-residential or temporary use consistent with Sec. 3062(2B) and with applicable law.
6) Applicability
a. Nothing in this Section shall be construed to limit the County’s authority to apply
generally applicable regulations, including but not limited to the Virginia Uniform
Statewide Building Code, health regulations, floodplain regulations, erosion and
sediment control requirements, and other state or federally authorized
requirements applicable to all dwellings within the same zoning district.

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY, VIRGINIA PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY, AUGUST 12, 2026
AGENDA ITEM:

County of Rockbridge, Virginia, 150 South Main Street, Lexington,
Virginia 24450 - Zoning Text Amendment (ZTA) to modify Chapter
30, Article VII, Section 30-72 (Solar Facilities) of the Code to modify
the regulations pertaining to solar facilities.

SUBMITTED BY:

Chris Slaydon - Director of Community Development

DATE:

August 5, 2026

SUMMARY OF INFORMATION:
House Bill 711, which was approved by the Governor on April 22, 2026, and took effect
on July 1, 2026, imposed restrictions on the local regulation of solar facilities.
In response to the changes in State law, staff drafted amendments to the existing Land
Development Regulations Section 717.00 (Solar Facilities) to comply with updated
regulations. Additionally, staff proposed modifications to the definitions of “Public
Utilities, major” and “Public Utilities, minor,” to clarify the applicability of the Solar
Ordinance to ground mounted facilities of one megawatt or more, in coordination with
the threshold set forth by House Bill 711.
At its June 10, 2026 meeting, the Planning Commission reviewed the draft amendment
and provided feedback on the draft as presented. Staff were instructed to take the
amendment to public hearing at the next meeting. Due to an error, the public hearing
was not advertised for the July 8, 2026 meeting. The Planning Commission reaffirmed
the instruction to staff at its July 8, 2026 meeting to take the matter to public hearing at
a future meeting.
Recommendation:
Consider the information provided, receive public comment, and if there is a consensus
of the Commission, make a recommendation to the Board of Supervisors.
Attachments:
Draft amendment to Section 717.00 (Solar Facilities)
Virginia House Bill 711 (Chapter 1068)

717.00

SOLAR FACILITIES

The purpose of this Ordinance is to establish requirements for the development of community
and utility-scale solar facilities. The goals of this Ordinance are to:
(1)

Provide for the siting, development, operations, and decommissioning of
community and utility-scale solar energy facilities in the County in a
manner that promotes and protects the public health, safety, and welfare of
the community; and

(2)

Minimize adverse visual effects of solar energy facilities through careful
siting and design; and

(3)

Maintain the character of surrounding land uses and preserve historic,
environmental, and cultural resources of the County in accordance with
the Comprehensive Plan; and

(4)

Avoid potential adverse impacts to persons and property through design,
construction, maintenance, and decommissioning standards.

717.01

Definitions. Refer to Article 3 (Definitions) for the meanings of words and
phrases used throughout this Ordinance.

717.02

Applicability. The requirements set forth in this Ordinance shall govern the
development of ground mounted solar energy projects with a panel zone area of
one-quarter (0.25) acre or greater.

717.03

Modifications. In consideration of any request(s) to modify any requirements of
this Ordinance, the Planning Commission and Board of Supervisors shall consider
the provisions in Section 501.02 as good zoning principles and consistency with
the Comprehensive Plan.

717.04

Siting Requirements.
(1)

The solar panel zone shall be sited on fifteen percent (15%) slope or less
predevelopment; an allowance may be made for up to ten percent (10%) of
the solar panel zone to be sited on sixteen percent (16%) to twenty percent
(20%) slope predevelopment. In no case shall the solar panel zone be
sited on predevelopment slopes that exceed twenty percent (20%).

(2)

Solar Facilities shall be located out of the 100 year Special Flood Hazard
Areas.

(3)

Solar facilities shall not be permitted on a portion of land that has been
clear-cut or heavily timbered in the five (5) years immediately preceding
the date of the application.

717.05

Factors Considered in Granting Permits for Solar Facilities. The County may
consider the following factors and the extent to which the development achieves
the goals of this Ordinance in determining whether to issue a Special Exception
Permit:
(1)

Proximity of the proposed solar facility to residential structures and
boundaries of residential zoning districts.

(2)

Compatibility with surrounding land use(s).

(3)

Topography of the site and the surrounding area.

(4)

Surrounding existing tree coverage and foliage in conjunction with the
proposed landscaping buffer plan.

(5)

Design of the solar facility, with consideration given to design elements
that mitigate or eliminate visual obtrusiveness.

(6)

Design of the solar facility, with consideration given to siting elements
that avoid deforestation.

(7)

Design of the solar facility, with consideration given to siting elements
that avoid prime farmland as shown on the U.S. Department of
Agriculture (USDA) Soil Survey.

(8)

Design of the solar facility, with consideration given to siting elements
that avoid karst features, such as sinkholes, sinking streams, caves, and
springs.

(9)

Design of the solar facility, with consideration given to siting elements
that minimize land disturbance.

(10)

Design of the solar facility as it relates to the percentage of total acreage
occupied by the ground mounted solar energy project in comparison to the
landowner(s) parcel size and/or contiguous land holdings, serving to
reduce or eliminate the visual impacts of the project.

(11)

Design of the solar facility with consideration given to vegetative
management plans for the panel zone area and solar open area ground
cover that complies comply with the Virginia Pollinator Smart Program
best practices, and which improve soil(s) during the life of the project.

(12)

Design of the solar facility with consideration given to vegetation ground
cover management plans that utilize agrivoltaics.

(13)
717.06

Consistency with the Comprehensive Plan and the purposes to be served
by zoning.

Application. Each applicant shall submit the following information and other
supporting drawings, calculations and documentation, signed and sealed by the
appropriate licensed professionals:
(1)

Application Form. A completed application form provided by the County
detailing specific technical information regarding the proposal.

(2)

Site Plan and Supplemental Information. In addition to the requirements of
Section 802.03, the following information shall be shown on the submitted
plans:
(a)

Proposed location/layout of the site, including locations of
inverters, controllers, transformers, wiring, connector boxes,
switches, and monitoring devices.

(b)

Proposed entrance location(s) and access roads.

(c)

Existing and proposed structure(s).

(d)

Proposed landscaping buffer - with location, numbers, and species
of plantings proposed, including heights at time of planting.

(e)

Proposed fencing plan showing location, height and composition
of fencing.

(f)

Proposed location of connection(s) to transmission line(s).

(g)

Setbacks from property lines and closest offsite dwelling(s).

(h)

Location of existing wetlands and karst features.

(i)

Soil types of the site per USDA Soil Survey and soil samples of
the panel zone area, including compaction testing and soil profile
testing, conducted as recommended by the Virginia Cooperative
Extension (2000) and state soil testing lab at Virginia Tech
(Maguire and Heckendorn 2019).

(j)

Overall maximum height of racking system and solar panels at
maximum tilt.

(k)

Proposed location(s) of Erosion and Sediment Control and Storm
Water Management measures (during construction and post
construction).

(l)

Preliminary grading plan identifying areas and overall percentage
of the site that will require land disturbance.

(m)

Regenerative ground cover plan Ground cover management plan,
including specifications on seed type(s) that will be utilized. Where
agrivoltaics is proposed to be utilized, the plan shall:
i.

Be designed to prioritize and sustain agricultural
productivity while simultaneously integrating renewable
energy generation, and;

ii.

Allow for the ongoing production and sale of marketable
agricultural products throughout the solar array's life, and;

iii.

Be part of a farm business that is consistent with
commercial agricultural production, and;

iv.

Have provisions for decommissioning to protect the land's
agricultural resources and productivity, and;

v.

Not significantly displace farming activity, and;

vi.

Ensure flexibility for farmers to adapt to market conditions
and support operational needs.

(n)

Lighting plan.

(o)

Panel specification/composition including specifications on antiglare, anti-reflective coatings, and other available mitigation
techniques that will be utilized.

(p)

Location of knox box(es) on the site.

(q)

Color photo simulations of the site from relevant viewpoints, as
determined by the Zoning Administrator, including a simulated
photographic image of the proposed solar facility. The photograph
with the simulated image shall include the foreground, midground, and background of the site. Before and after photo exhibits
that show the current state of the site and future simulations. A
minimum of six (6) photo simulations from the relevant viewpoints
shall be provided. A map shall be supplied identifying by reference
the location of each viewpoint. Additionally, it is encouraged that
the applicant identifies landowners in the vicinity of the proposed
project and contact the landowners to inquire about their desire to
allow photo simulations from their property.

717.07

(r)

A Construction Traffic Management Plan outlining the methods,
per the VDOT Work Area Protection Manual, that will be used to
mitigate impacts to the movements of traffic.

(s)

A list of public parks, scenic rivers and byways, and historic
structures or sites listed on or eligible for the National Register of
Historic Places that are visible from any portion of the solar panel
zone area.

Aesthetics. Solar facilities shall incorporate design elements to minimize the
adverse visual impacts on the community.
(1)

The facility shall only use panels that employ anti-glare technology, antireflective coatings, and other available mitigation techniques, all that meet
or exceed industry standards, to reduce glint and glare.

(2)

The design of the panel zone and related structures used in conjunction
with the solar facility shall, to the extent possible, use materials, colors,
textures, screening, and landscaping that will blend the solar facilities with
the natural setting and the surrounding built environment.

(3)

Nominal or no lighting - any lighting use in a solar facility shall be
installed for security and safety purposes. All lighting shall be shielded to
prevent light trespassing from the solar facility. The facility shall
implement light intensity dimming solution technology that provides a
means of tailoring the intensity level of lights according to surrounding
visibility.

(4)

The facility area containing equipment, panels, and/or supporting
accessory structures shall be enclosed by security fencing not less than six
(6) feet in height. The height and/or location of the fence may be altered in
the Conditions associated with the Special Exception Permit. Fencing for
the facility shall comply with § 55.1-2804, the latest version of the
National Electrical Safety Code or any applicable successor standard
regarding requirements for limiting access to facilities, and the Uniform
Statewide Building Code (§ 36-97 et seq.). Woven wire or fixed knot
fencing is encouraged. Fencing must be installed on the interior of the
vegetative buffer. Properties with livestock, or with the potential for
livestock, are encouraged to provide a second fence to protect the vegetive
buffer. All fencing shall be maintained in good condition for the life of the
project.

(4)(5) Visual impacts of facilities on public parks, scenic rivers and byways, and
historic structures or sites listed on or eligible for the National Register of
Historic Places shall be minimized. A viewshed analysis may be requested

as part of the special exception application to assure that visual impacts
are minimized through solar panel placement, height, landscaping, and
screening. Such analysis shall account for existing vegetation and planned
visual buffers.
717.08

Panel Specification and Composition. At the time of the site plan review, the
Applicant shall provide to the Zoning Administrator a written panel specification
and composition disclosure document. Projects shall comply with accepted
national environmental protection and product safety standards for the use of solar
panels for solar photovoltaic (electric energy) projects. Such existing product
certifications and standards include the International Electro technical
Commission No. 61215-2, Institute of Electrical and Electronics Engineers
Standard 1547, and Underwriters Laboratories No. 61730-2. The site plan shall
reference the specific safety standards and how the project safety standards will
be met.

717.09

Height. The maximum allowable height for a solar panel is twenty-five (25)
twelve (12) feet from finished grade to the top of the solar panel when at
maximum tilt. , except in cases where a height variance is necessary to allow for
agrivoltaics activity below or in proximity to the panels. An increase in the
maximum allowable height may be considered in order to reduce the amount of
grading. In no case shall the maximum height of a solar array exceed fifteen (15)
feet.

717.10

Public Information Meeting. Applicants proposing new solar facilities that
require a Special Exception Permit shall hold a public informational meeting to
discuss their development plans and address community concerns prior to
application submission.
(1)

The applicant shall inform the Zoning Administrator and adjacent property
owners of the subject parcel, via certified mailings, of the date, time, and
location of the public informational meeting, at least fourteen (14) days in
advance. In cases where the landowner of the subject parcel(s) owns the
adjacent parcel(s), the mailings shall include the adjacent landowners that
are not the landowner of the subject parcel.

(2)

The date, time and location of the public informational meeting shall be
advertised by the applicant in a newspaper of general circulation in the
County, at least seven (7) days, but not more than fourteen (14) days, in
advance of the meeting date.

(3)

The meeting shall be held within the County at a location open to the
public (preferably in the magisterial district that the project is proposed)
with adequate parking facilities, and seating that can be accessed by
persons with disabilities.

(4)

The meeting shall give members of the public the opportunity to
review application materials, ask questions of the applicant and
provide feedback.

(5)

The applicant shall provide to the Zoning Administrator a
summary of any input received from members of the public at
the meeting.

(6)

The applicant shall make available to the public, information
about the materials and components used for the construction,
maintenance, and decommissioning of solar panels.

(7)

At least seven (7) days prior to the public informational meeting, the
applicant shall mark the corners of proposed panel zone area with, at
minimum, stakes four (4) feet in height, with fluorescent neon markings
on top. In cases where four (4) feet stakes cannot be seen due to ground
cover, taller stakes/identifying markings may be required.

717.11

Building Codes. A solar facility shall be designed, constructed and maintained in
compliance with the standards contained in applicable local, state, and federal
building codes and regulations.

717.12

Setbacks. Setback distances shall be measured from the nearest edge of the
equipment as follows:
(1)
Community Buildings and Nonparticipating Dwellings - Between 150 and
200 feet from the nearest point on the outer wall of existing occupied
community buildings and dwellings on nonparticipating properties;
(2)
Edge of Roadbed - Between 50 and 100 feet from the outside edge of the
roadbed of any road abutting the property;
(3)
Perennial Streams and Non-Tidal Wetlands
(a)
For projects not greater than 25 megawatts, 50 feet from the edge,
of nontidal wetlands, as defined in 9VAC25-830, or from the top
of bank of perennial streams, as defined in § 62.1-44.122.
(b)
For projects greater than 25 megawatts, 100 feet from the edge, of
nontidal wetlands, as defined in 9VAC25-830, or from the top of
bank of perennial streams, as defined in § 62.1-44.122.
For purposes of clause 3 “equipment” is limited to solar panels, racking
equipment, and inverters.
(4)
Nonparticipating Properties - Between 50 and 75 feet measured from the
nearest shared property line for nonparticipating properties unless the
owner of a nonparticipating property waives the setback requirements by
written agreement.
(5)
Setbacks shall not be required for internal boundaries between adjacent
participating parcels.
The solar panel zone, equipment, and accessory structures shall be set back a

minimum distance of one hundred (100) feet from all property lines and/or from
the edge of public rights-of-ways. Increased setbacks may be required to reduce
the impact of the facility on adjacent properties. Decreased setbacks may be
considered for applications where the landowner(s) holdings include the adjacent
property, the existing topography warrants decreased setbacks and/or to avoid
areas of prime farmland.
717.13

Signage. Solar equipment shall not be used for displaying any advertising except
for reasonable identification of the manufacturer or operator of the solar project.
All signs, flags, streamers or similar items, both temporary and permanent, are
prohibited on and/or around solar equipment except as follows: (a) manufacturer
or installer identification; (b) appropriate warning signs and placards; (c) signs
that may be required by a state or federal agency; and (d) signs that provide a 24hour emergency contact information to include a phone number.

717.14

Noise. Audible sound from a solar energy system shall not exceed 60 dBA (Aweighted decibels), as measured from any adjoining non-participating
landowner’s property line.

717.15

Coordination with Local Emergency Services

717.16

(1)

Prior to the construction of the solar facility, the project owner shall
provide contact information for the site manager to the Chief of the
Department of Fire-Rescue & Emergency Management. The contact
information shall include the name, title, address, email, and phone
number of the site manager and shall notify the Chief within seven (7)
days of a change in contact information.

(2)

The project owner shall, within thirty (30) days of activation of the solar
facility, contact the Chief of the Department of Fire-Rescue & Emergency
Management to coordinate a facility walkthrough for preparation and
training as it relates to emergency responses to fires.

(3)

After construction, final plans, in digital form, shall be sent to the Chief of
the Department of Fire-Rescue & Emergency Management, showing the
location of knox box placement, and the location of disconnection and
isolation switches associated with the facility.

Notification of Change of Project Ownership or Operator. In the case that
ownership (or operation) of a solar facility is transferred, the current owner (or
operator) is required to provide the Zoning Administrator written notice, via
certified mail, of any change in owner and/or operator within thirty (30) days of
such anticipated change. Notice shall be provided to the Zoning Administrator
within 30 days of the sale or transfer of the lease or property, and a new financial
guarantee shall be provided by the new leaseholder or property owner.

717.17

Landscaping and Ground Cover. The following shall govern the landscaping and
ground cover requirements:
(1)

Solar facilities shall be landscaped with a buffer of plant materials that
effectively screen the view of the solar panel zone, supporting equipment,
and/or buildings from adjacent properties, unless otherwise modified by
the Board of Supervisors. The standard buffer shall consist of, at
minimum, a staggered double-row landscaped strip (shall not be required
to exceed three feet at planting), at between (twenty-five (25) and fifty
(50) feet least twenty (20) feet in in width, outside the perimeter of the
facility facility. Consideration shall be given to preexisting natural barriers
(i.e. existing vegetation, distance from property lines, topography, etc.), or
manmade visual barriers (i.e. walls, planted landscape buffer, earth berms,
etc.)

(1)(2) All trees and shrubs at the time of planting shall accommodate adequate
screening or buffering at the end of five years from date of planting.
(2)(3) In locations where the visual impact of the solar facility would be
minimal, due to existing vegetation, distance from property lines, and/or
topography, the standard buffer requirement may be reduced or eliminated
(3)

Ground cover shall be climate-hardy, non-invasive, and pollinator-friendly
species, with preference given to warm season and Virginia-native
grasses, which improve the quality of the soils. In cases where livestock
will be utilized, ground cover requirements may be modified

(3)

For projects or portions of projects not used for animal grazing, co-located
crop production, native and naturalized pollinator plant species, or native
and naturalized meadow species shall be planted, except for in the area
directly beneath panels, and maintained throughout the solar project's life.
The seed mix shall include a diversity of species with varied bloom times,
with preference given to warm season and Virginia native grasses and
flowers, which improve the quality of the soils. Mowing shall be limited
and performed on a schedule that promotes the establishment of the native
plantings, controls invasive species, and minimizes impacts to wildlife.

(3)(4) Invasive plants as established pursuant to § 10.1-104.6:2 of the Code of
Virginia are prohibited.
(5)

The required landscaping and ground cover shall be maintained and in
healthy condition for the life of the project. Vegetation used to establish a
visual screen shall not be trimmed to stunt upward and outward growth or
to otherwise limit the effectiveness of the visual screen.

Commented [CS1]: Code states “Vegetative visual
screening requirements shall not be required to exceed
three feet at planting, shall be between 25 and 50 feet
wide, and shall allow for consideration of preexisting
natural or manmade visual barriers. “ Does not provide
for flexibility

(4)(6) Operational Monitoring. The Project owner shall confirm to the Zoning
Administrator their compliance with the approved ground cover
management plan every two (2) years, beginning at the date of activation
of the solar facility.
717.18

Topsoil Retention. In cases where soil is excavated, the topsoil of all disturbed
areas shall be retained and replaced on the finished grade. Topsoil shall be
returned to disturbed areas from stockpiles as quickly as site conditions allow,
unless returning soil would cause adverse impacts to topsoil integrity or is
otherwise not practicable for construction activities. The facility shall decompact
soil as necessary and feasible for re-vegetation after construction has concluded.
The depth of the topsoil shall be equal to or greater than predevelopment, as
determined in the soil profile testing conducted during the application phase. No
topsoil shall be removed from the site.

717.189

Wildlife Corridors/Passages. Solar facilities shall provide for wildlife passage
where needed by limiting fencing to the areas in reasonable proximity to arrays
and interconnection equipment to the extent practicable and consistent with safety
and security requirements. Facilities shall prioritize open wildlife access to
riparian areas, wetlands, streams, and other areas not in proximity to panels.

717.2019

Decommissioning
(1)

Decommissioning plan
As part of the special exception application, the applicant shall submit a
decommissioning plan, which shall include the following: (1) the
anticipated life of the project; (2) an itemized estimated decommissioning
cost in current dollars certified by a professional engineer licensed in the
Commonwealth with experience in preparing decommissioning estimates,
who is engaged by the applicant; (3) the method of ensuring that funds
will be available for decommissioning and restoration; (4) the method by
which the decommissioning cost will be kept current; and (5) the manner
in which the project will be decommissioned and the site restored to .
condition similar to the preconstruction condition unless otherwise agreed
to by the landowner
(a) The owner, lessee, or operator shall hire a professional engineer
licensed in the Commonwealth to update the decommissioning plan
cost estimate and corresponding approved financial instrument every
five years after the approval of the first decommissioning plan to
adjust for inflation, account for advancements in technologies and
processes for decommissioning, salvaging, or re-powering of
renewable energy facilities, and make any other necessary changes

(2)

Discontinuation or Abandonment of Project
(a) Thirty (30) days prior to such time that a solar facility is scheduled to
be abandoned or discontinued, the owner or operator shall notify the
Zoning Administrator via certified mail of the proposed date of
abandonment or discontinuation of operations. Any solar facility that
becomes inoperable for a period of twelve (12) consecutive months
shall be deemed abandoned and subject to the requirements of this
Section.
(b) Within three hundred sixty-five (365) days of the date of abandonment
or discontinuation, the owner or operator shall complete the physical
removal of the solar energy project and site restoration to condition
similar to the preconstruction condition unless otherwise agreed to by
the landowner. This period may be extended in ninety (90) day
increments at the written request of the owner and operator, upon
approval of the Zoning Administrator.

(3)

Decommissioning of discontinued or abandoned solar energy project shall
include the following:
(a)

Physical removal of all solar equipment and above-ground
structures from the subject property including, but not limited to;
buildings, machinery, equipment, cabling and connections to
transmission lines, equipment shelters, security barriers, electrical
components, landscaping, foundations, and road(s), unless the
landowner(s) submits a written request to the Zoning
Administrator that such road(s) and/or landscaping remain in
place.

(b)

Below-grade structures, such as foundations, underground
collection cabling, mounting beams, footers, and all other
equipment installed with the system shall be completely removed;
however, foundations and footers may be allowed to remain if the
landowner(s) provides a written request to the Zoning
Administrator that such foundations and/or footers remain in place.

(c)

Prior to the commencement of decommissioning, the landowner,
owner or operator and the Zoning Administrator (or appointee)
shall meet on site to review the decommission plan.

(d)

Compaction levels of soils shall be equal to or lesser than the
predevelopment compaction levels, as determined by the soil
testing conducted during the application phase.

(e)

All solid or hazardous materials and waste from the site shall be

properly disposed in accordance with local, state, and federal solid
waste disposal regulations.
(f)

717.210

After the decommissioning process is complete, the facility shall
comply with all stormwater provisions in state law

Bonding
(1)

Prior to the issuance of a Building Permit for a solar energy system, the
applicant shall:
(a)

Submit to the Zoning Administrator a fully executed
decommissioning agreement by the project owner/developer, and
the County, incorporating the Decommissioning Plan. For projects
that have been approved for twelve (12) months or greater, an
updated itemized cost estimate from a professional engineer
licensed in the Commonwealth with experience in preparing
decommissioning estimates, who is engaged by the applicant may
be required. The financial assurance shall not include a
credit/reduction as it relates to the salvage value of the solar energy
system.

(b) The decommissioning agreement shall include a requirement that the
project owner shall provide an up-to-date decommissioning plan to the
locality any time there is project ownership outside of the current
developer
(b)(c) Submit a bond, irrevocable letter of credit, cash escrow or other
appropriate surety in the amount of the estimate as approved by the
Zoning Administrator, which shall:
i.

Secure the cost of removing the system and restoring the
site as specified in the decommission plan; and

ii.

Reasonable allowance for administrative costs arising from
any default; and

iii.

Include a mechanism to increase the amount of the
financial surety to account for inflation every three (3)
years.

(c)(d) Ensure the bond, irrevocable letter of credit, cash escrow or other
surety shall remain in full force and effect until the Zoning
Administrator (or appointee) has inspected the site and verified
that the solar energy system (above and below grade) has been

fully removed and properly disposed of. Once all decommission
tasks are determined to have been satisfied by the Zoning
Administrator, the bond, irrevocable Letter of Credit, cash escrow,
or other surety shall be promptly released.
(d)(e) Submit a bond, irrevocable letter of credit, cash escrow, or other
appropriate surety in the amount of the certified estimate of costs
of the landscaping improvements, including installation. Unless
otherwise specified in the special exception permit, at the
discretion of the Zoning Administrator, the surety for landscaping
may be held in force for a period of no longer than thirty-six (36)
months from date of planting of materials, provided that landscape
materials have been maintained in healthy condition.
(Sec. 717.00 Added by Ord. of 2-23-26)

302.164

Public Utility Service, major. Service of a regional nature which normally entails
the construction of buildings or structures such as generating plants and sources,
electrical switching facilities and stations or substations, power generation battery
storage facilities, data centers, water and sewer operations, including water and
wastewater treatment plants, or ground mounted solar energy projects that are one
(1) megawatt or larger with a panel zone area of one-quarter (0.25) acre or
greater, and similar facilities. Included in this definition are also electric, gas, and
other utility transmission lines of a regional nature which are not otherwise
reviewed and approved by the Virginia State Corporation Commission. Also
included in this definition are other facilities necessary for the provision and
maintenance of such utilities, to include equipment/laydown yards and office
buildings.
(Sec. 302.164 Amended by Ord. of 10-27-14; Sec. 302.164 Amended by Ord. of
2-23-26)

302.164A

Public Utility Service, minor. Service which is necessary to support development
within the immediate vicinity and involves only minor structures. Included in this
use are small facilities such as transformers, relay and booster devices, well,
water, sewer pump stations, ground mounted solar energy projects that are less
than one (1) megawatt. with a panel zone area of less than one-quarter (0.25) acre,
and similar facilities.
(Sec. 302.164A Added by Ord. of 2-23-26)

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VIRGINIA ACTS OF ASSEMBLY - 2026 RECONVENED SESSION

CHAPTER 1068
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An Act to amend and reenact §§ 15.2-2241.2, 15.2-2288.7, and 15.2-2288.8 of the Code of Virginia, relating
to local regulation of solar facilities; special exceptions.
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[H 711]
Approved April 22, 2026
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Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2241.2, 15.2-2288.7, and 15.2-2288.8 of the Code of Virginia are amended and reenacted
as follows:
§ 15.2-2241.2. Bonding provisions for decommissioning of solar energy equipment, facilities, or
devices.
A. As used in this section, unless the context requires a different meaning:
"Decommission" means the removal and proper disposal of solar energy equipment, facilities, or devices
on real property that has been determined by the locality to be subject to § 15.2-2232 and therefore subject to
this section. "Decommission" includes the reasonable restoration of the real property upon which such solar
equipment, facilities, or devices are located, including (i) soil stabilization and (ii) revegetation of the ground
cover of the real property disturbed by the installation of such equipment, facilities, or devices.
"Solar energy equipment, facilities, or devices" means any personal property designed and used primarily
for the purpose of collecting, generating, or transferring electric energy from sunlight.
B. As part of the local legislative approval process or as a condition of approval of a site plan, a locality
shall require an owner, lessee, or developer of real property subject to this section to enter into a written
agreement to decommission solar energy equipment, facilities, or devices upon the following terms and
conditions: (i) if the party that enters into such written agreement with the locality defaults in the obligation
to decommission such equipment, facilities, or devices in the timeframe set out in such agreement, the
locality has the right to enter the real property of the record title owner of such property without further
consent of such owner and to engage in decommissioning, and (ii) such owner, lessee, or developer provides
financial assurance of such performance to the locality in the form of certified funds, cash escrow, bond,
letter of credit, or parent guarantee, based upon an estimate of a professional engineer licensed in the
Commonwealth, who is engaged by the applicant, with experience in preparing decommissioning estimates
and approved by the locality; such estimate shall not exceed the total of the projected cost of
decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a
reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer,
and an annual inflation factor.
C. The owner, lessee, or operator shall hire a professional engineer licensed in the Commonwealth to
update the decommissioning plan cost estimate and corresponding approved financial instrument every five
years after the approval of the first decommissioning plan to adjust for inflation, account for advancements in
technologies and processes for decommissioning, salvaging, or re-powering of renewable energy facilities,
and make any other necessary changes. The decommissioning plan shall provide for the removal of the
facility's equipment from the landowner's property and return of the property to a useful condition similar to
the preconstruction condition unless otherwise agreed to by the landowner. After the decommissioning
process is complete, the facility shall comply with all stormwater provisions in state law. The project shall
provide an up-to-date decommissioning plan to the locality any time there is project ownership outside of the
current developer. Notice shall be provided to the local government within 30 days of the sale or transfer of
the lease or property, and a new financial guarantee shall be provided by the new leaseholder or property
owner.
§ 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, architectural preservation, or corridor protection 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, architectural preservation, or corridor protection 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

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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, architectural
preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such property is located.
Unless a local ordinance provides otherwise, a 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 property is located and (b) in compliance with any provisions pertaining to any local
historic, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where such
property is located. Except as otherwise provided herein, any other solar facility proposed on property zoned
agricultural, 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 considered pursuant to § 15.2-2288.8 unless otherwise permitted by right.
C. An owner of real property zoned commercial, industrial, or institutional may install a solar facility on
the roof of one or more buildings located 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, architectural preservation, or corridor protection district
adopted pursuant to § 15.2-2306 where such property is located. Unless a local ordinance provides otherwise,
a A ground-mounted solar energy generation facility to be located on property zoned commercial, industrial,
or institutional 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, architectural preservation, or corridor protection district adopted
pursuant to § 15.2-2306 where such property is located. Except as otherwise provided herein, any other solar
facility proposed on property zoned commercial, industrial, or institutional, 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 considered
pursuant to § 15.2-2288.8 unless otherwise permitted by right.
D. An owner of real property zoned mixed-use may install a solar facility on the roof of one or more
buildings located 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, architectural preservation, or corridor protection district adopted pursuant to
§ 15.2-2306 where such property is located. Unless a local ordinance provides otherwise, a A
ground-mounted solar energy generation facility to be located on property zoned mixed-use 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, architectural preservation, or corridor protection district adopted pursuant to § 15.2-2306 where
such property is located. Except as provided herein, any other solar facility proposed on property zoned
mixed-use, 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.
E. Nothing in this section shall be construed to supersede or limit contracts or agreements between or
among individuals or private entities related to the use of real property, including recorded declarations and
covenants, the provisions of condominium instruments of a condominium created pursuant to the Virginia
Condominium Act (§ 55.1-1900 et seq.), the declaration of a common interest community as defined in
§ 54.1-2345, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate
Cooperative Act (§ 55.1-2100 et seq.), or any declaration of a property owners' association created pursuant
to the Property Owners' Association Act (§ 55.1-1800 et seq.).
F. A locality, by ordinance, may provide by-right authority for installation of solar facilities in any zoning
classification in addition to that provided in this section. A locality may also, by ordinance, require a property
owner or an applicant for a permit pursuant to the Uniform Statewide Building Code (§ 36-97 et seq.) who
removes solar panels to dispose of such panels in accordance with such ordinance in addition to other
applicable laws and regulations affecting such disposal.
§ 15.2-2288.8. Special exceptions for solar photovoltaic projects.
A. Any Unless otherwise provided by right, each locality may grant shall require a special exception
pursuant to § §§ 15.2-2204, 15.2-2286, and 15.2-2288.7 or a siting agreement pursuant to § 15.2-2316.7 and
include in its zoning ordinance reasonable regulations and provisions consistent with this section for a special
exception as defined in § 15.2-2201, for any solar photovoltaic (electric energy) project or energy storage

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project. For the purposes of this section, "energy storage project" means energy storage equipment and
technology within an energy storage project that is capable of absorbing energy, storing such energy for a
period of time, and redelivering such energy after it has been stored "solar photovoltaic project" means a
ground-mounted solar facility with a generating capacity of one megawatt or more that is designed to serve,
or serves, the electricity or thermal needs of any property other than the property where such facility is
located.
Any special exception granted pursuant to this section is an amendment to the zoning ordinance pursuant
to subdivision A 7 of § 15.2-2286 and shall comply with the following criteria. Where numerical ranges are
attached to criteria, localities may choose to establish an ordinance that specifies any number within the
applicable range that they deem appropriate for their community. In the issuance of a special exception, a
variance from these ordinance criteria may be implemented only with a written agreement of the locality, the
property owner or their agent, and the applicant. Nothing in this section shall (i) be construed to relieve
projects of the responsibility to comply with all relevant state and federal laws, regulations, and permits,
including those related to tree canopy; (ii) require a locality to approve a special exception application
considered pursuant to this section; (iii) be construed to prohibit a locality from permitting a solar
photovoltaic project or energy storage project by right; or (iv) prohibit the owner of a proposed solar
photovoltaic project and a locality from entering into a siting agreement that provides less stringent
restrictions than those specified under this subsection.
1. Setback distances shall be measured from the nearest edge of the equipment as follows: (i) between 150
and 200 feet from the nearest point on the outer wall of existing occupied community buildings and dwellings
on nonparticipating properties; (ii) between 50 and 100 feet from the outside edge of the roadbed of any road
abutting the property; (iii) for projects not greater than 25 megawatts, 50 feet from the edge, and for projects
greater than 25 megawatts, 100 feet from the edge, of tidal wetlands or nontidal wetlands, as defined in
9VAC25-830, or from the top of bank of perennial streams, as defined in § 62.1-44.122; (iv) for projects of
any capacity within Chesapeake Bay Preservation Areas, between 100 and 125 feet from the edge of tidal
wetlands, nontidal wetlands, or from the top of bank of perennial streams; and (v) between 50 and 75 feet
measured from the nearest shared property line for nonparticipating properties. Nothing in this subdivison
shall preclude the owner of a nonparticipating property from waiving the foregoing setback requirements by
written agreement. Setbacks shall not be required for internal boundaries between adjacent participating
parcels. For purposes of clauses (iii) and (iv), “equipment” is limited to solar panels, racking equipment,
and inverters.
2. Fencing for the facility shall comply with § 55.1-2804, the latest version of the National Electrical
Safety Code or any applicable successor standard regarding requirements for limiting access to facilities,
and the Uniform Statewide Building Code (§ 36-97 et seq.). Vegetative visual screening requirements shall
not be required to exceed three feet at planting, shall be between 25 and 50 feet wide, and shall allow for
consideration of preexisting natural or manmade visual barriers.
3. The height of solar panels shall not exceed 25 feet above ground when the arrays are at full tilt, except
in cases where a height variance is necessary to allow for agrivoltaics activity below or in proximity to the
panels. For purposes of this section, "agrivoltaics" means the same as that term is defined in § 10.1-1197.5.
4. Visual impacts of facilities on public parks, scenic rivers and byways, and historic structures or sites
listed on or eligible for the National Register of Historic Places or a county register of historic places shall
be minimized. A locality may request a viewshed analysis as part of the special exception application to
assure that visual impacts are minimized through solar panel placement, height, landscaping, and screening.
Such analysis shall account for existing vegetation and planned visual buffers. Such screening may be
accomplished on any property with the consent of the property owner.
5. The facility shall implement light intensity dimming solution technology that provides a means of
tailoring the intensity level of lights according to surrounding visibility.
6. The facility shall comply with all Department of Environmental Quality stormwater regulations as
established in 9VAC25-880.
7. The facility shall minimize new impervious surface on the site and under its solar panels.
8. Land disturbance, including site grading, construction, and landscaping, shall be conducted in
compliance with a stormwater pollution prevention plan. Topsoil shall not be removed from the project site.
Topsoil shall be returned to disturbed areas from stockpiles as quickly as site conditions allow, unless
returning soil would cause adverse impacts to topsoil integrity or is otherwise not practicable for
construction activities. Site stabilization shall occur as the site is developed, following appropriate
stabilization timelines as identified in the General VPDES Permit for Discharges of Stormwater from
Construction Activities, and shall not be delayed until site construction is completed. The facility shall
decompact soil as necessary and feasible for re-vegetation after construction has concluded.
9. When all land-disturbing activities at the construction site have been completed, the facility shall
initiate permanent stabilization to provide vegetative ground cover that provides a minimum level of
coverage over the project site. An ordinance may require up to 75 percent vegetative cover with no
significant bare areas that is mature enough to survive and will inhibit erosion. The use of native and

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naturalized plants shall be encouraged and invasive plants as established pursuant to § 10.1-104.6:2 shall be
prohibited. For projects or portions of projects not used for animal grazing, co-located crop production,
native and naturalized pollinator plant species, or native and naturalized meadow species shall be planted,
except for in the area directly beneath panels, and maintained throughout the solar project's life. The seed
mix shall include a diversity of species with varied bloom times. Mowing shall be limited and performed on a
schedule that promotes the establishment of the native plantings, controls invasive species, and minimizes
impacts to wildlife. All trees and shrubs at the time of planting shall accommodate adequate screening or
buffering at the end of five years of planting. Vegetation used to establish a visual screen shall not be
trimmed to stunt upward and outward growth or to otherwise limit the effectiveness of the visual screen.
10. The facility shall provide for wildlife passage where needed by limiting fencing to the areas in
reasonable proximity to arrays and interconnection equipment to the extent practicable and consistent with
safety and security requirements. The facility shall prioritize open wildlife access to riparian areas, wetlands,
streams, and other areas not in proximity to panels.
11. The facility shall comply with all applicable state and federal labor and employment laws, including
apprenticeships and labor standards necessary to achieve any available tax credit bonuses found in 26
U.S.C. §§ 45Y and 48E.
12. A locality shall require an applicant to enter into a written agreement to decommission equipment,
facilities, or devices pursuant to § 15.2-2241.2.
B. Any locality may grant a special exception pursuant to § 15.2-2286, and include in its zoning
ordinance reasonable regulations and provisions for a special exception as defined in § 15.2-2201, for an
energy storage project. For the purposes of this section, "energy storage project" includes energy storage
equipment and technology within an energy storage project that is capable of absorbing energy, storing such
energy for a period of time, and redelivering such energy after it has been stored.
B. C. The governing body of such locality may grant a condition that includes (i) dedication of real
property of substantial value or (ii) substantial cash payments for or construction of substantial public
improvements, the need for which is not generated solely by the granting of a conditional use permit, so long
as such conditions are reasonably related to the project.
C. D. Once a condition is granted pursuant to subsection B C, such condition shall continue in effect until
a subsequent amendment changes the zoning on the property for which the conditions were granted.
However, such conditions shall continue if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning ordinance.
E. The governing body of such locality shall furnish the State Corporation Commission a record of
special exception decisions reached pursuant to this section not more than 60 days after such decision is
made. The record shall include (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.
2. That the State Corporation Commission shall compile and maintain on the Commission's public
website a searchable database of all solar photovoltaic project special exception decisions and the
reasons for any adverse decisions made over a period of not less than five years. The Commission shall
furnish to each locality a standardized form for submitting decision records by July 1, 2026.
3. That the provisions of this act 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 this act.
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.

AT A REGULAR MEETING OF THE ROCKBRIDGE COUNTY PLANNING
COMMISSION, HELD AT THE ROCKBRIDGE COUNTY ADMINISTRATIVE OFFICES
ON WEDNESDAY AUGUST 12, 2026
AGENDA ITEM:

Zoning Text Amendment Discussion - Continued Discussion of
Updates to Manufactured Home Regulations, per the Code of
Virginia (HB 655)

SUBMITTED BY:

Chris Slaydon - Director of Community Development

DATE:

08/05/2026

SUMMARY OF INFORMATION:
During the 2026 Session of the Virginia General Assembly, House Bill 655 was adopted
and subsequently signed into law by the Governor. The legislation became effective on
July 1, 2026, and amended the Code of Virginia regarding local regulation of
manufactured homes.
In addition to updates to the Manufactured Home Ordinance (County Code Section 3062) further Sections of the Code will require updating in order to conform with the State
Law amendment.
The proposed draft zoning text amendment includes updates to Chapter 30, Article VI
(Uses in Districts) of the County Code. The proposed changes include sections such as
the uses in various districts and regulations associated with the Flood Hazard District.
RECOMMENDATION
Consider the information provided, and if there is a consensus of the Commission,
make a motion to schedule the zoning text amendment for public hearing at the
September 9, 2026 Planning Commission meeting.
ATTACHMENTS
Proposed amendments to Chapter 30, Article VI

Draft Amendment County Code Chapter 30, Article VI
Planning Commission 08-12-2026
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Sec. 30-40. Residential General District - R-1.
A.
Statement of Intent. This District is composed of certain quiet, low density
residential areas plus certain open areas where similar residential development appears likely to
occur. The regulations for this District are designed to stabilize and protect the essential
characteristics of the District to promote and encourage a suitable environment for residences,
and to limit activities of a commercial nature. Uses related to nonresidential development should
be designed to increase the vitality and attractiveness of this District as a living environment. To
these ends, development is limited to relatively low concentration and permitted uses are limited
basically to dwellings providing homes for the residents plus certain additional uses, such as
schools, parks, churches, golf courses, country clubs, and certain public facilities that serve the
residents of the District. It is the intent of this Article that no private dump or landfill be allowed
in the R-l Residential General District.
(Amended by Ord. of 5-27-08; Amended by Ord. of 10-26-20)
B.
Permitted Uses. In the R-1 District, structures to be erected or land to be used,
shall be for one (1) or more of the following uses:
(10)

Manufactured homes nineteen (19) feet or greater as provided in Article
VII.

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Sec. 30-41. Residential Mixed District - R-2.
A.
Statement of Intent. This District is created to allow for higher density residential
uses and multi-family development in areas proposed for growth and supported by public water
and sewer. Close proximity to commercial services is desirable to encourage pedestrian access
and reduce auto dependence, thus, pedestrian and other non-motorized accesses are to be
encouraged wherever appropriate. The regulations for this District are designed to stabilize and
protect the essential characteristics of the District to promote and encourage a suitable
environment for residences, and to prohibit all activities of a commercial nature. Development is
allowed at a higher density than General Residential, but permitted uses are limited basically to
single and multi-family dwellings providing homes for the residents plus certain additional uses,
such as schools, parks, churches, and certain public facilities that serve the residents of the
District. It is the intent of this Article that no private dump or landfill be allowed in the R-2
Residential Mixed District.
B.

Permitted Uses:
(12)

Manufactured homes nineteen (19) feet or greater in width as provided in
Article VII.
1

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Sec. 30-42. General Business District - B-1.
A.
Statement of Intent. Generally, this District covers that portion of the County
intended for the conduct of general business to which the public requires direct and frequent
access, but which is not characterized either by constant heavy trucking other than stocking and
delivery of light retail goods, or by any nuisance factors other than occasioned by incidental light
and noise of congregation of people and passenger vehicles. This includes such uses as retail
stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants and
taverns, and garages and service stations. It is the intent of this Article that no private dump or
landfill be allowed in the B-l General Business District.
B.
permitted:

Permitted Uses. Within the General Business District B-l, the following uses are
(4)

One (1) or two (2) family dwellings and manufactured homes meeting the
area and setback requirements of the R-2 District if public water and sewer
are available or the R-1 District if on a private drainfield and well or
public water. Additionally, manufactured homes must adhere to the
requirements for placement of a manufactured home in the Residential
zoning districts, as set forth in Chapter 30, Article VII.

C.
605.03 Special Exceptions. In General Business, special exceptions may be
granted for one (1) or more of the following uses:
(13)

Manufactured home in accordance with the special provisions in Article
VII

**********
Sec. 30-45. Flood Hazard District - FH-1.
A.
Purpose of Flood Hazard District. The purpose of these provisions is to prevent
the loss of life and property, the creation of health and safety hazards, the disruption of
commerce and governmental services, the extraordinary and unnecessary expenditure of public
funds for flood protection and relief, and the impairment of the tax base by: (a) regulating uses,
activities, and development which, acting alone or in combination with other existing or future
uses, activities, and development, will cause unacceptable increases in flood heights, velocities
and frequencies; (b) restricting or prohibiting certain uses, activities, and development from
locating within areas subject to flooding; (c) requiring all those uses, activities, and
developments that do occur in flood-prone areas to be protected and/or flood-proofed against
flooding and flood damage; and, (d) protecting individuals from buying lands and structures
which are unsuited for intended purposes because of flood hazards. No abandoned vehicles
permitted. It is the intent of this Article that no private dump or landfill be allowed in the FH-1
Flood Hazard District.
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L.
Permitted Uses. In the Flood way District the following uses and activities are permitted
provided that they are in compliance with the provisions of the underlying district and are not
prohibited by any other Ordinance, and provided that they do not require structures, fill, or
storage of materials and equipment:
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(2)
Public and private recreational uses and activities such as parks, day camps,
picnic grounds, golf courses, boat launching and swimming areas, hiking, and horseback
riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet
game ranges, and hunting and fishing areas.
(3)
Accessory residential uses such as yard areas, gardens, play areas, and pervious
loading areas.
(4)
Accessory industrial and commercial uses such as yard areas, pervious parking
and loading areas, airport land strips, etc.
M.
Uses Permitted by Special Exception. The following uses and activities may be
permitted by special exception provided that they are in compliance with the provisions of the
underlying district and are not prohibited by this or any other Ordinance:
(1)
Structures except for manufactured homes accessory to the uses and activities in
Section (AL) above.
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