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Stafford County, VA Solar Energy: Panel Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Approval type
Conditional use permit under § 28-39(z)(14)
Decommissioning agreement
Required with the CUP application, recorded at courthouse
Removal depth
Equipment removed to 36 inches below grade
Ownership-change notice
Report to zoning administrator within 90 days
Repowering notice
180 days' written notice before repowering
Abandonment notice
30 days to notify zoning administrator

Summary

Stafford County routes utility-scale solar and energy-storage facilities through a conditional use permit rather than a by-right zoning permit. The CUP application must include a decommissioning agreement covering removal of every panel and cable, and owners must tell the zoning administrator about ownership changes, planned repowering, and abandonment on strict deadlines, or face zoning enforcement.

These county ordinances apply to unincorporated areas of Stafford County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(z)Special provisions applicable to solar facilities and energy storage facilities. ... (12)Any change of ownership or management of the solar facility or energy storage facility shall be reported to the zoning administrator within ninety (90) days of such change.(13)The zoning administrator shall be notified in writing at least one hundred eighty (180) days in advance of any intent to repower the facility. Such notification shall include full details for the proposed changes to the site for review and may require new permits, inspections or a site plan.(14)Conditional use permits applicable to solar facilities and energy storage facilities may include conditions permitted by Virginia Code § 15.2-2288.8, as amended.(15)A proposed decommissioning agreement shall be submitted as part of the conditional use permit application. Decommissioning shall include the removal of all solar panels, collectors, cabling, electrical components, fencing and all other associated equipment, facilities and structures to a depth of at least thirty-six (36) inches from the ground surface of the property with site rehabilitation establishing preconstruction conditions of the solar project site.

Full Breakdown

Stafford County Code § 28-39(z) governs solar facilities and energy storage facilities as a special zoning use. 8, and subsection (15) requires the applicant to submit a proposed decommissioning agreement as part of that same CUP application. The decommissioning agreement must be recorded in the land records of the Stafford County Circuit Court and must spell out who currently holds decommissioning responsibility, the types of panels and materials used on-site, the procedures for removing facilities and rehabilitating the site including recompacting, planting and reseeding, a cost estimate for removing all panels, structures, cabling, electrical components, roads and fencing down to 36 inches below grade, and a deadline for finishing the work.

The permit does not end once the CUP is granted: the operator must report any change of ownership or management of the facility to the zoning administrator within 90 days, give the zoning administrator at least 180 days' written notice before repowering the facility, which can trigger new permits, inspections or a revised site plan, and notify the zoning administrator in writing within 30 days if the facility is abandoned or discontinued. Because these ongoing notice duties run with the CUP, an operator who skips them is treated as out of compliance with the conditions of the permit itself, exposing the facility to the same enforcement tools the county uses for any other zoning violation, including a notice of violation, a stop-work order, and civil penalties under Stafford County Code § 28-314.

Violations & Fines

Operating a solar or energy-storage facility without a valid conditional use permit, or failing to meet a CUP condition such as filing the recorded decommissioning agreement or reporting an ownership change, repowering plan or abandonment on time, is a zoning violation under Stafford County Code § 28-311. The zoning administrator can issue a notice of violation and a stop-work order, and pursue civil penalties up to $100 per day, capped at $3,000 per set of facts, under § 28-314(c).

Frequently Asked Questions

Do I need a permit to build a solar facility in Stafford County?
Yes. Stafford County Code § 28-39(z) treats solar and energy-storage facilities as a conditional use, so the project needs a conditional use permit from the board of supervisors rather than a simple zoning permit. The CUP can carry conditions authorized under Virginia Code § 15.2-2288.8, and the application must include a decommissioning agreement.
What has to be in the decommissioning agreement?
It must identify who is responsible for decommissioning, describe the panel types and materials used, spell out removal and site-rehabilitation procedures such as recompacting and reseeding, estimate the full removal cost down to 36 inches below grade, and set a completion deadline. The agreement is recorded in the Stafford County Circuit Court land records.
What happens if the facility changes hands or is abandoned?
The operator must notify the zoning administrator in writing within 90 days of any change of ownership or management. Before repowering, 180 days' advance written notice is required, and abandonment or discontinuance must be reported within 30 days. Missing these deadlines can trigger the same zoning enforcement used for any CUP violation.

Sources & Official References

Other rules in Stafford County

All Stafford County rules

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