                                 CODE OF VIRGINIA

EXTENSION OF LAND USE APPROVALS FOR SOLAR PHOTOVOLTAIC PROJECTS (§
15.2-2209.1:2)

A. An initial approval of a special exception, special use permit, or
conditional use permit for a solar photovoltaic or energy storage project shall
provide the landowner or developer a minimum of three years to commence the
project.
			For so long as the special exception, special use permit, or conditional use
permit remains valid, no change or amendment to any local ordinance, map,
resolution, rule, regulation, policy, or plan adopted subsequent to the date of
approval of the special exception, special use permit, or conditional use permit
shall adversely affect the right of the developer or his successor in interest
to commence and complete an approved development in accordance with the lawful
terms of the special exception, special use permit, or conditional use permit
unless the change or amendment is required to comply with state law or there has
been a mistake, fraud, or a change in circumstances substantially affecting the
public health, safety, or welfare.
			Application for minor modifications to special exceptions, special use
permits, or conditional use permits made during the period of validity shall not
constitute a waiver of the provisions hereof nor shall the approval of minor
modifications extend the period of validity of such plats or plans.

B. Notwithstanding any other provision of this chapter, for any valid special
exception, special use permit, or conditional use permit, or any modifications
thereto, for a solar photovoltaic or energy storage project outstanding as of
July 1, 2023, any deadline in the exception permit, or in the local zoning
ordinance that requires the landowner or developer to commence the project
within a certain time, may be extended by a resolution of the governing body
until July 1, 2026, or such longer period as may be agreed to by the locality.

HISTORY: 2023, cc. 499, 500; 2024, c. 301.