Energy group: Some counties’ new energy ordinances go too far

With new legislation in Virginia pushing localities to establish set standards for solar and battery storage, some counties are responding with change that, while maybe well-intentioned, will ultimately limit development and can harm Virginia’s future. 

Counties across Virginia have every right to set standards that protect public safety, preserve their rural character and promote responsible development. Local governments should carefully scrutinize utility-scale solar and battery storage projects. The issue raised here is not whether the county may regulate these facilities, but whether many of the new requirements go well beyond Virginia norms, adding unnecessary costs, delays and uncertainty that threaten project viability and landowners’ property rights. In a time when Virginia imports more energy than any other state in the nation, it is imperative that we emphasize the importance of local energy development to protect ratepayers from rising prices of imported electricity. Local policies matter, but imposing extreme restrictions on potential projects only harms the commonwealth’s energy future and will continue to drive up energy costs in Virginia. 

On solar, for instance, some ordinances now in Virginia require developers to identify — years in advance — the specific certified disposal facility that will accept every solar panel at decommissioning decades from now. While responsible decommissioning planning is reasonable, mandating a precise future destination adds little practical value and may prove impossible as recycling technologies and markets evolve. This would be like a car dealership asking you to determine where your car will go at the end of its life, before you’re allowed to take it off the lot. 

Similarly, some ordinances bar development on any portion of a site identified as a habitat for threatened or endangered species, creating major uncertainty. Even modest habitat findings that can be remedied through various conservation efforts could shrink a project’s usable footprint enough to make it economically unviable. 

Battery energy storage systems are also facing heavy burdens. One ordinance in Virginia requires a 100,000-gallon containment system at every facility to capture all runoff and prohibits operations from resuming until a licensed hazardous-materials contractor has removed the water. It also bars the use of well water for on-site fire suppression tanks, despite water being unable to extinguish thermal runaway in lithium-ion cells, and is used mainly to cool surrounding equipment in the event of an emergency. These requirements for both solar and battery storage far exceed those in many Virginia localities and add substantial costs without clear proportional benefits. 

Reasonable regulations are necessary, and developers must be held accountable for safe construction, operation and eventual decommissioning. The challenge is striking the right balance. Virginia law did not require many of these additional restrictions, yet some counties have adopted standards stricter than those of many other jurisdictions. In doing so, localities risk discouraging private investment and limiting landowners’ ability to use their property productively. Projects — and the jobs, tax revenue and economic benefits they bring — may simply move to localities with more balanced rules. 

As Virginia’s energy needs continue to grow, local governments will remain critical in determining where and how new infrastructure is built. But policies that impose unnecessary or impractical requirements risk doing more than slowing projects — they can undermine private property rights, discourage economic investment and limit opportunities for rural landowners and communities. Responsible oversight and local control should remain central to the permitting process, but those goals can be achieved without creating barriers that make development unrealistic. Energy Right was created to help localities navigate these challenges by serving as a resource for developing balanced, fact-based ordinances that protect communities while preserving landowners’ rights and ensuring Virginia remains competitive for responsible energy investment. We encourage localities to work with neighboring communities and us to develop ordinances that meet the state’s guidelines and promote responsible, safe development.

Jack Wilson is director of communications at Energy Right.