Bedford supervisors talk solar measures as 'preemptive strike' against state

BEDFORD — On the heels of a Virginia General Assembly session that included talks of state involvement in regulating utility-scale solar farms, a Bedford County official has suggested looking into an ordinance for restrictive zoning measures to have in place if the legislature “forces our hand.”

The county currently has no ordinance allowing utility-scale solar farms. Bedford County Board of Supervisors District 4 member John Sharp said the county should brace for the state legislature indicating as early as next year it could pass a bill that enables bypassing localities in regulating utility-scale solar operations.

“I certainly don’t want that to be the case and I don’t like people characterizing our locality and our position on this,” Sharp said at the board's March 11 meeting. “I think we were very clear in why we don’t believe that solar is appropriate for Bedford County because of the topography … maybe we need an ordinance that allows solar so that we have something in place but it doesn’t allow it where there is a certain grade to the land because that’s one of the big problems due to runoff. And then we would have requirements that the topsoil would have to be replaced at a certain depth upon completion.”

If such an ordinance is pursued, Sharp said a bond could cover about 15% of the project costs for disposal of materials that would go into a landfill when solar companies decommission them.

“We can do things to create the ordinance in such a way that we have an ordinance, but they really got to want to do it in order to be able to do it in Bedford County,” said Sharp, who represents much of the Forest area. “And they’re not going to be able to do it in which they’re going to destroy our streams and they’re going to destroy our farmland.”

Sharp said "they're going to force our hand" in reference to the state. He asked County Attorney Patrick Skelley and staff if the legislature could curtail  county zoning efforts on solar. 

“What the General Assembly gives they can take away,” Skelley said.

Skelley told Sharp he would look into options for the board to consider.

Sharp expressed concern that not having zoning rules in place could make the county more vulnerable to a state takeover. He said he is not thrilled with the General Assembly pushing solar so hard and “trying to portray us as something we’re not” on that topic.

“That’s because we’re the No. 1 most desirable county in the state of Virginia for the solar people,” District 1 Supervisor Mickey Johnson said.

“I think we’ve got do something to put enough restrictions on it so they’re not going to destroy our properties,” Sharp said. “I don’t know what our options are, but I’d like it to be costly if they want to do business in Bedford County and I want to be restrictive enough and we have a rationale we don’t want them using land with a grade over so much percentage.”

District 6 Supervisor Bob Davis said if solar providers are told they cannot put panels on hillsides he expects they will target the most fertile flat ground possible for farmland.  For the county to permit solar operations is "insanity," he added.  

“I’m going to suggest right now that we make it clear that Bedford County — we have a great economy made up of recreation, tourism and agriculture and putting solar panels here would do nothing but destroy the character of this county,” Davis said. “And I’ll tell you right now, before those sons of b---- come in here and put solar panels in, I will fight to the death.”

Sharp told Davis he does not disagree with that sentiment.

“My concern is they have all the cards in their hands and I think we might have to do something preemptively,” Sharp said. “We’ve learned from the way they exposed some of their cards that they have been able to convince some of our farmers you can continue to farm and you can use the land that you don’t want to be able to farm. I want to be able to say ‘no, you can’t use that land. So if you want to continue to farm you’re not going to be able to have the solar.’”

Johnson said he is favor of “a preemptive strike in getting ourselves prepared for what’s coming” but he prefers a route that still allows the county to prohibit solar farms. Sharp told Johnson he isn’t sure how that is possible, but the topic is worthy of more discussion.

“I’m not crazy about opening the door this much for fear of them kicking it all the way in,” Johnson said, motioning with his hands to indicate a small size.

Sharp said he is asking staff for help on the solar front because “we see it coming” as far as state involvement. 

“I think we have very valid reasons as to why we don’t want it here,” Sharp said. “But the problem is they are characterizing it is as we don’t have valid reasons and we’re just being NIMBY [not in my backyard] and that is not the case. We have very valid reasons but it’s being dismissed and they’re characterizing our position because we don’t have a stated position. And that’s where I think there needs to be some type of consideration in the next year of how we’re going to address this issue. I don’t know the answer, but I think we need to spend some time on staff to figure this out.”

Davis said he agrees more discussion is warranted but he considers crafting zoning regulations to allow solar farms as “a huge mistake.” Edgar Tuck, the board’s chair, said the board consensus for now is looking for any route that may prevent an ordinance.

Johnson said he thinks the county is Northern Virginia’s top “garden spot” for solar panels. Davis said people with common sense need to stand up to “dumba— politicians." Farmers are being “squeezed hard by the very government” telling them they can make money by partnering in solar power, he added. 

“I can’t make my point strongly enough that we need to stand up to these people and just say no,” Davis said.