A moratorium on the permitting of new solar farms in Halifax County came to an end Monday as commissioners approved new regulations that update ones approved in 2019.

The moratorium was adopted in October to give the planning board and the commissioners  time to study the amendments.

A crucial part of the county board’s 4-1 vote was not including a proposal that would have prohibited level 2 or 3 solar facilities from being located nearer than one mile from another  that is already under development or in operation.

The county board also nixed its previous decommissioning plan and opted to go with County Attorney Glynn Rollins’ recommendation that the county go with regulations already in place through state legislation.

The amendments approved are as follows:

A separate special use permit application for each non­-contiguous parcel.

A 150-foot setback from the front property line or road right of way and a 50-foot setback from side and rear property lines; however, all electrical substations/components and battery backup applications shall be located at least 200 feet from any property line, residence, church, school, businesses or other similar structures.

Decommissioning

The following rules now apply to decommissioning:

The owner/operator shall comply with all applicable requirements of the state statutes entitled Management of Solar Energy Equipment and all rules entitled Decommissioning and Financial Assurance Requirements for Utility-Scale Solar Projects 

Components will not be received or handled at any solid waste disposal or recycling facility owned, operated or under contract with Halifax County.

Rollins said, “We’ve been navigating our own decommissioning rules and dealing with that and it’s been fine, but we have an opportunity to not have to bother with that and let the state statutes and regulations come in. I can appreciate the legislature doing that and I appreciate DEQ with all the rule-making they’ve been doing over the last several months.” 

Abandonment

A level 2 or 3 facility that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the owner provides substantial evidence — updated every six months after 12 months of no energy production — to the planning director of the intent to maintain and reinstate the operation of that facility. An abandoned level 2 or 3 facility, regardless of its physical condition, is hereby declared to be a public nuisance subject to abatement by any lawful means.

Name change

The owner/operator of a level 2 or 3 facility shall provide written notice to the planning director regarding any change in the name, corporate identity, address or other contact information for the owner/operator and/or operator. Such notice shall be given within 60 days of any such change. Failure to abide by this requirement shall constitute grounds for revocation of the special use permit or zoning permit issued.

Comments

Approval of the amendments came after a just over an hour public hearing in which numerous speakers had their say on the matter, a mix between those in favor of the one-mile requirement or more research and those in favor of the perceived economic impacts of solar in the county.

“I do have a concern with solar fields in Halifax County,” said Eddie Braxton of Scotland Neck. “We are an agricultural community on the south end of the county. When our farmers do well, our community does well. I would love to see our county stand up and just say we won’t have any more solar fields in Halifax County.”

On the other side, Kenneth Ward, an Enfield town commissioner, told the board, “The one-mile solar dead zone may sound like a small change, but it would have serious consequences for our town and for the future.”

Ward said that portion of the ordinance would hurt the town’s revitalization plans, which includes solar projects and battery storage. “This, we believe, would help track in new businesses, but this one-mile exclusion zone, if it is passed, would seriously delay us and would mean less clean energy for the town and the county.”

Before the vote

Rollins presented the board with two amendment options — A and B. “The one that’s labeled A already has deleted from it the phrase that was not favored by the planning board concerning the one-mile or one-mile dead zone.”

Both options rescinded the decommissioning phase.

He also discussed the moratorium which was approved in October. “If you were here in 2019 we did a moratorium then when we adopted our brand new ordinance. We didn’t have a solar energy ordinance in 2019. We imposed a moratorium then to get that in place and as soon as the ordinance was adopted, the moratorium was terminated.”

In October the new moratorium was imposed so the county could look at certain amendments. “You specified that the moratorium would end tomorrow (Tuesday) or if not sooner. It will definitely end tonight if you adopt an ordinance by either of these drafts.”

Rollins said he didn’t believe the county has the authority to impose a moratorium or extend the current one. “I don’t think things are that egregious or that severe that you’ve got to impose a moratorium. I think it’s fine as long as you want to look at amendments, but if anyone’s thinking about extending it, I don’t think you have the legal basis for doing that.”

The vote

In the end the board went with the first amendment Rollins presented on a motion by Chair Vernon Bryant and a second by Commissioner Sammy Webb. With Chenoa Davis absent, the motion passed 4-1, with Thomas Barrett casting the dissenting vote.

“Looking at this, I realize this decision will affect a lot of people,” Barrett said. “I’ve weighed on two different sides. I think telling a person what they can and can’t do with their own property seems like one of the most un-American things we can do.”

He said, however, he believed the town of Enfield had other options it could pursue in its revitalization quest as it relates to solar, “But I’ll be honest, I think I’m going to support the one-mile zone.”

While people in his district were supportive of the dead zone, Commissioner Jimmie Silver said, “I try to work and listen to the whole county and take into consideration the overwhelming consensus. I think one of the toughest things we do as Americans is having someone tell you what you can do with it (their land).”

Solar, he said, has been one of things that helped people save some of their farmland by being able to rent it out.

Commissioner Gary Redding said he sees the value of the Enfield project and its potential to replace outdated electrical grids, reduce electric bills, and reduce energy burden.