Md. Code Regs. 27.01.14.01

Current through Register Vol. 51, No. 21, October 18, 2024

Section 27.01.14.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Energy generating system " has the meaning stated in the Land Use Article, § 4-211, Annotated Code of Maryland.

(2) Major Solar Energy Generating System.

(a) 'Major solar energy generating system" means an energy generating system that derives energy from the sun to produce more than two megawatts of electricity.

(b) 'Major solar energy generating system" includes multiple minor solar energy generating systems that are located on the same parcel that collectively produce more than two megawatts of electricity.

(3) Minor Solar Energy Generating System.

(a) "Minor solar energy generating system" means an energy generating system that derives energy from the sun to produce two megawatts or less of electricity.

(b) "Minor solar energy generating system" does not include a small residential accessory solar energy generating system.

(4) "Planting plan " means a narrative, graphic description, or plan of an area when planting is required for mitigation, on-site or off-site plantings, or under solar panels.

(5) Project Area.

(a) "Project area " means the total area within the limits of disturbance inside the Critical Area of a solar energy generating system.

(b) "Project area " includes:

(i) A parcel or portions of parcels within the limits of disturbance inside the Critical Area, whether or not those parcels are contiguous;

(ii) The components of a solar energy generating system listed in §B(9)(b)(i) of this regulation; and

(iii) Any required roads, internal access ways, transmission infrastructure, fencing, or improvements accessory to the solar energy generating system.

(6) "Reservation of resource conservation area density rights" means withholding a certain number of density rights that are attributable to a lot or parcel that prevents them from being used for development for a specified period of time.

(7) "Reservation of Resource Conservation Area Density Rights Agreement" means a legal instrument recorded among the land records and approved by the local jurisdiction, restricting land development within a defined area in the resource conservation area and for a specified period of time.

(8) Small Residential Accessory Solar Energy Generating System.

(a) "Small residential accessory solar energy generating system " means an energy generating system that derives energy from the sun to produce electricity to support the principal use on a residential property on the same lot or parcel as the principal use.

(b) "Small residential accessory solar energy generating system " includes an energy generating system that delivers electricity to a power grid and complies with the laws of the State of Maryland.

(9) Solar Energy Generating System.

(a) "Solar energy generating system" means an energy generating system that derives energy from the sun to produce electricity.

(b) "Solar energy generating system " includes:

(i) A land use that uses solar collectors, panels, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware, or equipment to produce electricity; and

(ii) Any term used by a local jurisdiction for a solar application that proposes to construct a solar energy generating system such as a solar energy system utility scale, solar energy system utility scale on farms, utility scale solar array, solar power plant, solar energy system large scale, solar energy system medium scale, solar array, power generating facilities, solar facilities, solar energy system grid connected, and solar energy generating facility commercial.

(c) "Solar energy generating system " does not include an energy storage device or facility where the device or facility operates independently of, is separate from, and the primary purpose of which does not include supporting the solar energy generating system within the Critical Area.

(10) "Wetland migration area" means an area that will likely be suitable for future wetland establishment in response to a change in sea level.

Md. Code Regs. 27.01.14.01

Regulation .01 adopted effective 48:5 Md. R. 218, eff. 3/8/2021