15.2-2288.01 - Localities shall not require a special use permit for certain small-scale conversion of biomass to alternative fuel.
§ 15.2-2288.01. Localities shall not require a special use permit for certainsmall-scale conversion of biomass to alternative fuel.
A. As used in this section, unless the context requires a different meaning:
"Biomass" means agricultural-related materials including vineyard, grain orcrop residues; straws; aquatic plants; and crops and trees planted for energyproduction.
"Small-scale conversion of biomass" means the conversion of any renewablebiomass into heat, power, or biofuels.
B. A zoning ordinance shall not require that a special exception or specialuse permit be obtained for the small-scale conversion of biomass if: (i) atleast 50 percent of the feedstock is produced either on site or by the ownerof the conversion equipment; (ii) any structure used for the processing ofthe feedstock into energy occupies less than 4,000 square feet, not includingthe space required for storage of feedstock; and (iii) the owner of the farmnotifies the administrative head of the locality in which the processingoccurs. Localities may adopt reasonable requirements for setback, minimum lotarea, and restrictions on the hours of operation and maximum noise levelsapplicable to the small-scale conversion of biomass. No setback, lot area,hours of operation or noise requirements may be more restrictive than similarprovisions for other agricultural structures or activities.
(2009, c. 363.)