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, specifically those with a production capacity of five electric megawatts or greater. The bill outlines various impacts of such facilities on local communities, including effects on property values, scenic views, wildlife, and local economies. It emphasizes that these impacts are primarily local and should be subject to local jurisdiction for review and approval.

The proposed legislation allows local governing bodies to set limits on the areas where these facilities can be constructed, impose setback and screening requirements, and establish criteria for environmental impact mitigation, among other regulations. It also provides for judicial review for individuals adversely affected by such 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