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July 15, 2024 Editor, The News-Gazette: Rockbridge County is witnessing an escalating battle over industrial solar plants in agricultural zones, which the supervisors have frequently approved over strong community opposition.
Using “special use exceptions” to get around zoning restrictions and the Rockbridge County Comprehensive Plan, county officials ignore the clear intent of the Comprehensive Plan.
One argument used by local officials for employing these “exceptions” is private property rights. They argue that you have a right to do what you want with your property and, therefore, the county should grant utility scale solar companies a special use exception to build solar plants in agricultural zones where they are not otherwise permitted.
They are using this argument over the clear intent of the Comprehensive Plan, which embodies the long-held community values of the Rockbridge way of life and respect for your neighbors, while ignoring the legal burden on applicant solar utilities to show why they should be allowed a use that overrides the zoning code. County officials are using these special exceptions without a hard look at the legal burden.
There are two property rights here, not just one. On the side of the solar utility applicant is the argument that land use should be an unrestricted right. That, however, ignores the long-held right of neighbors to an equal property right in the reasonable use and enjoyment of their land. Common law and Virginia code both afford nearby property owners these protections, embodying policies in Virginia that precede the commonwealth’s formation going back to English common law.
Send a clear message to the county supervisors: stop solarscale utilities using “special use exceptions” and put these solar utilities in industrial zones where they belong. BILL RUSSELL Kerrs Creek
