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Code · Virginia · Title 15.2 · Chapter 22

Code of Virginia § 15.2-2209.1:2. Extension of land use approvals for solar photovoltaic projects.

302 words·~1 min read·/va/title-15-2/chapter-22/15-2-2209-1-3·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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