Dialogue Relating To The Williamson Act As Pertaining To Solar Farm Investment And The Way It Relates To CUP

The function of the Williamson Act is to provide a sufficient quantity of food products, to suppress any uncontrolled and unwelcome transformation of farming lands, to dissuade discontinuous urban expansion patterns, as well as to shield open space. Being a voluntary program, the Act presently has 16.6 million acres, almost thirty three percent of all the private lands located in California, under long term contract. Contracts are typically with counties with just a few urban centers getting involved in this program. All of the contracts have enforceable constraints on property and therefore are binding on successors to both landowners and local government. Landowners enter contracts with cities and counties to limit utilization of their property in exchange for more affordable tax assessments, in step with the farming use when compared to possible market price of the land.

The Williamson Act doesn't directly deal with the placement of solar thermal or PV generation facilities on acreage subject to it. However, depending on specific characteristics of the specific facility, plus the needs of the landowner, you can find four approaches a solar powered energy generation facility could possibly be situated on land subject to the Williamson Act; Land that is ideal for solar farm investment. 1st, placing a solar thermal or PV generation facility on land inside an agricultural preserve could possibly be allowed as a an appropriate use depending on regional guidelines regulating compatibility. Second, the landowner could certainly furnish notice of non-renewal to the city or county administering the Williamson Act contract on the land and ultimately terminate the Williamson Act's constraints over use of the property. Third, the long-term contract may be canceled pursuant to required statutory procedures within appropriate conditions. Here, in almost all cases, the landowner would most likely be liable for having to pay an end of contract fee. Fourth, a public agency possessing the power of eminent domain might acquire the land subject to a Williamson Act contract, in so doing nullifying the contract and making the land free from the contract's limitations.

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

One remaining factor is the fact that agricultural technological innovations advance quickly with time, and property which may be desirable for solar powered energy generation at this time may eventually end up being necessary for the production of foodstuff. It is essential that plans for the alteration of farming acreage to solar powered energy projects include a comprehensive site restoration methodology explaining the way the project proponents will restore the property back to its current condition if and when the solar power panels are cleaned up and removed.

Dialogue Relating To The Williamson Act As Pertaining To Solar Farm Investment And The Way It Relates To CUP
For solar farm investment to move forward there are several ways that a solar energy generation facility could possibly be constructed inside an agricultural preserve or on property constrained by the Williamson Act contract.

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