Discussion Concerning The Williamson Act As Relating To Solar Farm Investment And How It Pertains To Conditional Use Permitting

The function of the Williamson Act is to provide a sufficient amount of food stocks, to restrain the out of control together with undesirable alteration of farming lands, to dissuade discontinuous urban expansion patterns, and also to give protection to open space. Being a voluntary process, the Act at present includes 16.6 million acres, essentially 1/3 of all of the private lands inside Ca, under long-term contract. Contracts are predominantly with counties together with only a few urban centers taking part in the program. All of the contracts incorporate enforceable limitations on land and are also binding on successors to both landowners and local govt. Landowners enter legal agreements with cities and counties to constrain use of their land in exchange for very low tax assessments, consistent with the farming use when compared to the probable market value of the property.

The Williamson Act fails to precisely focus on the placement of solar powered energy generation facilities on property subject to it. Then again, subject to certain features of the particular facility, along with the needs of the landowner, you will discover four strategies a solar energy generation facility may be located on property governed by the Williamson Act; Acreage that is perfect for solar farm investment. First, placing a solar powered energy generation facility upon acreage inside of an agricultural preserve might be authorized as being a suitable use dependent upon regional guidelines regulating compatibility. Second, the landowner might provide notice of non-renewal to the city or county administering the Williamson Act contract for the property and thus in due course get rid of the Williamson Act's limitations over use of the property. Third, the long term contract may possibly be canceled pursuant to mandatory statutory procedures within proper conditions. Here, in practically all circumstances, the landowner would certainly be accountable for having to pay an end of contract fee. 4th, a public agency using the power of eminent domain could acquire the property governed by a Williamson Act contract, in so doing nullifying the contract leaving the property clear of the contract's limitations.

For solar farm investment to proceed there are a few techniques that solar farm investors can use within an agricultural preserve or on property restricted by the Williamson Act contract. Therefore: (A) A town or county could possibly decide under precise factual patterns that the solar energy generation facility could be an acceptable use on property constrained by a Williamson Act contract; (2) A city or county, or perhaps the landowner, could decide to not renew the contract; (3) A town or county could find it will be either consistent with the Williamson Act or else in the community interest to end the agreement for the solar power generation facility and instantly remove the land's restrictions; or (D) A public agency utilizing the power to condemn land may possibly buy the contracted acreage by eminent domain and make the Williamson Act contract void. Only when property has overcome a Williamson Act constraint is solar farm investment possible.

One final thought tends to be that agricultural technologies progress rather quickly over time, and land which may be viable for solar energy generation at present may in due course be essential for the production of food. It is vital that designs for the alteration of farming acreage to solar energy projects integrate an extensive site restoration strategy talking about the way in which the project supporters will recover the property back to its current condition when and if the solar thermal or PV panels are cleaned up and taken away.

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