Controversy Relating To The Williamson Act As Related To Solar Farm Investment And Exactly How It Corresponds To Conditional Use Permitting

The job of the Williamson Act is to provide enough food supplies, to curb the uncontrolled and excessive transformation of farming lands, to deter discontinuous urban expansion patterns, as well as to protect open space. Being a voluntary process, the Act at present has 16.6 million acres, almost 33 percent of all the non-public lands throughout California, under long-term contract. Contracts are predominantly with counties with just a few urban centers involved in this program. Every one of the contracts have enforceable limits on property and they are binding on successors to both landowners and local govt. Landowners enter contracts with cities and counties to limit usage of their property in return for more affordable tax assessments, in keeping with the farming use compared to the probable market value of the land.

The Williamson Act doesn't explicitly deal with the installation of solar thermal or PV generation facilities on acreage subject to it. Nevertheless, subject to certain attributes of the specific facility, and also the needs of the landowner, you can find 4 approaches a solar thermal or PV generation facility could be located on property subject to the Williamson Act; Land that is prime for solar farm investment. 1st, installing a solar thermal or PV generation facility on property inside of an agricultural preserve might be permitted as a an agreeable use depending on regional guidelines controlling compatibility. Second, the landowner may furnish notice of non-renewal to the city or county administering the Williamson Act contract for the property and ultimately end the Williamson Act's constraints over use of the acreage. Third, the long-term contract could be canceled pursuant to mandatory statutory procedures within proper conditions. Here, in virtually all cases, the landowner would definitely be liable for forking over an end of contract fee. Fourth, a public agency having the power of eminent domain could possibly acquire the property subject to a Williamson Act contract, in so doing nullifying the contract and making the acreage free from the contract's constraints.

For solar farm investment to proceed there are specific strategies that solar farm investors could possibly use within an agricultural preserve or on property constrained by the Williamson Act contract. In conclusion: (1) A town or county might conclude under precise factual patterns that the solar thermal or PV generation facility can be an acceptable use on property restricted by a Williamson Act contract; (B) A city or county, or maybe the landowner, might opt to not renew the contract; (3) A town or county can find it is either consistent with the Williamson Act or else in the community interest to terminate the contract for the solar powered energy generation facility and promptly end the land's restrictions; or (4) A public agency having the power to condemn land may possibly purchase the contracted property by eminent domain making the Williamson Act contract void. Once land has overcome a Williamson Act constraint is solar farm investment possible.

One remaining thing to consider tends to be that agricultural technologies advance quickly as time passes, and property which might be desirable for solar thermal or PV generation today may sooner or later be necessary for the production of foodstuff. It is critical that plans for the modification of farming acreage to solar thermal or PV projects incorporate an extensive site restoration strategy describing the way the project proponents will restore the acreage back to its current condition if and when the solar energy panels are cleaned up and taken away.

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