SB 560
Allowing counties and municipalities to limit utility scale renewable energy facilities
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill allows West Virginia counties and municipalities to regulate the placement of large-scale renewable energy facilities, such as wind and solar farms with a capacity of five megawatts or more. Local governments can establish ordinances to limit where these facilities can be built, set setbacks from residential areas and scenic views, and impose design criteria to mitigate environmental impacts. The bill also provides a mechanism for judicial review of these local ordinances.
Key provisions
- Defines ‘wholesale renewable energy facility’ to exclude smaller projects primarily serving local needs.
- Grants counties and municipalities the authority to adopt ordinances restricting facility locations.
- Allows for setbacks, screening requirements, and limits on facility size and height.
- Provides criteria for design to mitigate environmental impacts, including restoration of land productivity.
- Establishes a process for judicial review of local ordinances.
- Allows municipalities to exempt themselves from county ordinances.
- Specifies that local ordinances supplement, but do not replace, federal or state regulations.
- Provides for repair or replacement of damaged facilities subject to the ordinance.
Who is affected
- Counties
- Municipalities
- Renewable energy developers
- Property owners
- Local residents
Notable changes
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