                                 CODE OF VIRGINIA

LOCALITIES SHALL NOT REQUIRE A SPECIAL USE PERMIT FOR CERTAIN SMALL-SCALE
CONVERSION OF BIOMASS TO ALTERNATIVE FUEL (§ 15.2-2288.01)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Biomass&#8221; means agricultural-related materials including
vineyard, grain or crop residues; straws; aquatic plants; and crops and trees
planted for energy production.
			&#8220;Small-scale conversion of biomass&#8221; means the conversion of any
renewable biomass into heat, power, or biofuels.

B. A zoning ordinance shall not require that a special exception or special use
permit be obtained for the small-scale conversion of biomass if: (i) at least 50
percent of the feedstock is produced either on site or by the owner of the
conversion equipment; (ii) any structure used for the processing of the
feedstock into energy occupies less than 4,000 square feet, not including the
space required for storage of feedstock; and (iii) the owner of the farm
notifies the administrative head of the locality in which the processing occurs.
Localities may adopt reasonable requirements for setback, minimum lot area, and
restrictions on the hours of operation and maximum noise levels applicable to
the small-scale conversion of biomass. No setback, lot area, hours of operation
or noise requirements may be more restrictive than similar provisions for other
agricultural structures or activities.

HISTORY: 2009, c. 363.