Controversy Around The Williamson Act As Pertaining To Solar Farm Investment And How It Pertains To CUP

Controversy Around The Williamson Act As Pertaining To Solar Farm Investment And How It Pertains To CUP

The purpose of the Williamson Act is to ensure enough food products, to control any uncontrolled and also unnecessary alteration of farming lands, to deter discontinuous urban development patterns, and to shield open space. Being a voluntary program, the Act presently has 16.6 million acres, more or less thirty three percent of all of the non-public land in California, under long term contract. Contracts are typically with counties with a few urban centers involved in the program. Every one of the contracts contain enforceable limits on property and so are binding on successors to both landowners and local government. Landowners enter contracts with cities and counties to restrict usage of their land in return for lower tax assessments, in keeping with the farming use when compared to possible market price of the land.

The Williamson Act does not directly focus on the installation of solar thermal or PV generation facilities on land subject to it. However, depending on specific attributes of the particular facility, plus the needs of the landowner, you will discover 4 approaches a solar thermal or PV generation facility could possibly be situated on land subject to the Williamson Act; Property that is prime for solar farm investment. First, putting a solar thermal or PV generation facility on land inside an agricultural preserve could possibly be permitted as being an appropriate use dependent upon regional guidelines controlling compatibility. Second, the landowner may furnish notice of non-renewal to the city or county administering the Williamson Act contract on the land and eventually terminate the Williamson Act's limitations over use of the land. Third, the long-term contract may be canceled� pursuant to required statutory procedures within appropriate conditions. Here, in virtually all instances, the landowner would definitely be accountable for forking over an end of contract fee. Fourth, a public agency possessing the power of eminent domain may acquire the land subject to a Williamson Act contract, in so doing nullifying the contract leaving the acreage clear of the contract's restrictions.

For solar farm investment to proceed there are certain strategies that solar farm investors might use inside an agricultural preserve or on land constrained by the Williamson Act contract. To summarize: (1) A town or county could possibly determine under certain factual patterns that the solar thermal or PV generation facility is an appropriate use on land restricted by a Williamson Act contract; (2) A city or county, or the landowner, could opt to not renew the contract; (3) A town or county may find it is either consistent with the Williamson Act or perhaps in the local community interest to terminate the agreement for the solar thermal or PV generation facility and instantly end the land's restrictions; or (4) A public agency possessing the power to condemn property could possibly purchase the contracted land by eminent domain making the Williamson Act contract void. Only when acreage has removed a Williamson Act constraint is solar farm investment possible.

One last factor is the fact that agricultural technological innovations advance fairly quickly as time passes, and land which might be desirable for solar thermal or PV generation at this time may at some point end up being necessary for the production of foods. It's exceedingly important that designs for the modification of farming property to solar thermal or PV projects include a comprehensive site restoration methodology describing the way in which the project proponents will recover the land back to its current condition if and when the solar power panels are cleaned up and removed.

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