This bill amends the Code of West Virginia by adding a new section, 7-1-3uu, which grants county commissions and municipalities the authority to enact ordinances that restrict the location of wholesale renewable energy facilities, such as wind and solar farms with a production capacity of five megawatts or greater. The legislation recognizes the growing controversy surrounding the placement of these facilities in rural communities, citing concerns over property values, local enjoyment, scenic views, wildlife, and agricultural impacts. It emphasizes that these issues are primarily local and should be managed by local jurisdictions.

The bill outlines specific powers for local governing bodies, allowing them to set limits on the areas where such facilities can be constructed, impose setback and screening requirements, and establish criteria for environmental impact mitigation and restoration of land post-use. It also provides for judicial review for individuals adversely affected by these ordinances, ensuring that their rights to establish or operate renewable energy facilities are protected. Additionally, the bill clarifies that any local ordinances will not affect municipalities that have their own zoning regulations in place regarding renewable energy facilities.

Statutes affected:
Introduced Version: 7-1-3uu