Start with a record of the land you are offering
Section 925.03 includes soil testing results to establish a baseline for evaluation when the facility is decommissioned. For an owner, that raises a practical question before anyone builds: which areas will be tested, what will be measured and who keeps the results?
Ask for a testing plan and a copy of the completed report. Have the project team explain how the samples relate to the battery area, roads and other places where work is proposed. A report should let someone identify where a sample came from years later, rather than simply stating that a parcel was tested.
Keep photographs and a drawing of existing drainage, entrances, fences and areas you expect to continue using. Tell the team about known past uses or existing damage. These records help distinguish the condition at the start from work done during the project; they do not establish that the land is contamination-free.
The ordinance allows some application materials to be unavailable or waived in specified circumstances, with the final special-exception decision remaining with the Board. Do not assume that a smaller proposal is automatically exempt. Ask staff and the applicant which records are required for the actual application, and decide what additional records you want under your private agreement.
If tests require entry before a lease begins, request the proposed locations, access arrangements and responsibility for damage. You can start a property discussion without authorizing testing or handing over unrestricted access to the whole farm.

The battery area is not the entire area affected
The code sets a maximum 20-acre lot coverage for energy storage facilities and defines the measurement to exclude auxiliary equipment. That is not a statement that every project needs 20 acres, or that a lease, construction area and all associated equipment must fit within that same measurement.
Request a drawing showing the proposed storage equipment, auxiliary equipment, setbacks, screening, entrance, cable routes and temporary work areas. Compare that drawing with the exact property rights requested. A company might need access across land it does not propose to lease for the battery itself.
Section 925 calls for project-area setbacks and buffering, restricts facilities in the flood hazard overlay district, and includes screening and fencing requirements. Those provisions affect how a design uses the parcel. They do not tell you the usable area without a site layout and confirmation of the current requirements and project conditions.
Mark what you need to retain: a route to fields, space around a building, a tenant’s entrance or land for future expansion. Ask whether screening, drainage work or a cable easement would interfere with those uses. Have the team explain temporary occupation separately from rights that continue throughout the lease.
Confirm the governing locality for the actual parcel, including whether it falls within a town. This page concerns Amherst County, Virginia, and its county ordinance. A mailing address by itself should not determine which office or approval route applies.
| Area or document | Question for the owner |
|---|---|
| Storage coverage | What equipment is included in the county measurement? |
| Lease boundary | Which land rights last for the full lease term? |
| Access and cables | What crosses land I intend to retain? |
| Temporary work area | When is it released and restored? |
| Baseline report | Where were samples taken and do I receive a copy? |
Name the company responsible for removal
Section 925.08 identifies the owner, lessee or developer of the facility as the responsible party that enters the county development agreement. That description should not be read as automatically assigning every facility obligation to the person who owns the underlying land.
Ask for the legal name of the facility company and the proposed county agreement. Then compare them with the entity signing your option or lease. If the names differ, have the project team explain each company’s role, which obligations it accepts and whom you contact if something goes wrong.
The county agreement must address decommissioning after the facility ceases operating for more than twelve consecutive months. Ask your own agreement to explain what happens to rent, access, insurance and maintenance during an extended shutdown. A county removal trigger does not supply those private terms.
Ask what happens if the developer sells the project or its lender takes control. Who receives updated contacts? Who remains responsible for damage and removal? What documents show that a replacement operator has taken on the obligations? Have the actual agreements reviewed together before accepting an assignment provision.
Keep copies of the approved plan, applicable conditions, agreements and later amendments. A verbal assurance that the County requires cleanup is much less useful when the property changes hands or the person who negotiated the lease is no longer involved.
Want to ask about your land?
Send the location and what you know. You don’t need a project plan.
Tell us about your landUnderstand what the removal plan and assurance cover
The county decommissioning plan must address removal of the facility and its structures, including remediation of soil contamination. It includes the anticipated life, an estimate in current dollars and the method of removal. The plan and cost estimate are to be updated at least every five years, as well as when required by the administrator or agreement.
Ask how the plan treats foundations, buried cables, roads, drainage structures and screening. Which items would be removed, which might remain and who decides? If you want a road retained, specify its condition and future responsibility rather than relying on an informal discussion.
The code requires financial assurance to the County and lists several possible forms. Ask which form the project would actually use, the amount, who provides it and how it is kept current. A reference to an allowed form is not evidence that money has been set aside for this project.
Under the county agreement, default can allow the County to enter the property to undertake decommissioning. Ask how that access relates to your lease boundary, retained roads, notification and ongoing uses. County enforcement rights and an owner’s private remedies need to be understood separately.
Request a clear completion standard for your agreement. Would the ground be graded, drainage repaired and vegetation re-established? How are later soil results compared with the baseline? Who pays for further work if the agreed condition has not been met? County assurance should not leave the private restoration terms unexplained.
Separate ongoing site duties and county payments from rent
The ordinance includes maintenance of screening and fencing, emergency coordination and annual training for responding departments at the applicant’s expense. Ask who manages these duties, how responders reach the site and how visits are handled when you continue to use adjoining land.
Request emergency and ordinary maintenance contacts. If a storm damages screening or a gate blocks your retained access, who resolves it and how quickly? Put the access arrangement on the drawing so that operating duties can be performed without leaving your own use uncertain.
The code also addresses county revenue sharing and possible project-related contributions. Payments to the County are separate from the amount a developer offers you. A headline about public revenue does not establish a rental rate or payment owed to a landowner.
For an option, ask when payments start, how long the reservation lasts and what an extension costs. For a lease, ask what event begins rent and what happens if approval or connection takes longer than expected. Have public charges and private payments explained separately, including whether project costs affect your compensation.
The adopted ordinance provides a local framework; it does not establish available utility capacity, a buyer for your land or approval of a particular proposal. Ask for current project-specific evidence before treating a schedule or income illustration as an achievable outcome.
Tell us about your Amherst County property
Use the form to provide your name, email and phone, followed by the Virginia property location. Amherst County and a road or address help identify the land. Acreage and a parcel number are optional, and you can say that the utility or exact acreage is unknown.
Mention the part you might make available and the uses you need to keep. If you have received an offer, tell us whether your main question concerns the footprint, payment, soil testing or removal. You do not need a completed site plan to begin.
An inquiry starts a property discussion. It does not reserve your land, authorize testing or guarantee a project. The governing locality, connection, design, approvals and private terms still need review for the actual site.
Questions landowners ask
Does a battery project need exactly 20 acres?
No. The county rule describes maximum facility coverage using its own measurement. Ask for the actual equipment footprint, auxiliary areas, access and rights requested.
Can I get a copy of the baseline soil report?
Ask the developer to include delivery of the testing plan and completed report in your agreement, with sample locations that can be identified later.
Am I automatically the facility’s responsible party because I own the land?
The code describes the owner, lessee or developer of the facility. Confirm the actual entity named in the county agreement and the duties assigned in your private documents.
Does county financial assurance determine my rent or all my restoration rights?
No. Ask how the actual assurance works and review your payment, removal and restoration terms separately.
Does this ordinance show my parcel can connect to the grid?
No. The proposal still needs site-specific electrical review and the required agreements and approvals.
Sources & further reading
Sources checked 2026-10-06. Local rules and program details can change. Check the requirements for the actual project.