Md. Code Regs. 27.01.14.04

Current through Register Vol. 51, No. 8, April 19, 2024

Section 27.01.14.04 - Criteria for a Solar Energy Generating System

A. Except for a small residential accessory solar energy generating system as provided in Regulation .03 of this chapter, the provisions of this regulation are applicable to a major and minor solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.

B. A local jurisdiction shall not count the area of a solar panel as lot coverage and:

(1) For a minor solar energy generating system, the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, § 8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the solar panel is maintained as an area of existing grass, established grass, or other natural vegetation, or as an agricultural use; and

(2) For a major solar energy generating system, the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, § 8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the solar panel is maintained in accordance with the planting plan requirements of Regulation . 06 of this chapter as:

(i) Pollinator habitat;

(ii) Native vegetation other than pollinator habitat; or

(iii) An agricultural use.

C. A local jurisdiction shall require the following minimum standards for the buffer as defined in COMAR 27.01.01.01:

(1) Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)-(7);

(2) Unless there is no feasible alternative, prohibit access through the buffer to the project area; and

(3) When there is no feasible alternative to access through the buffer, authorize one point of access through the buffer to the project area, or where a project includes noncontiguous parcels, minimize the number of access points through the buffer if:

(a) The disturbance inside the buffer is replanted at a 2.5:1 ratio; and

(b) A buffer management plan is required in accordance with COMAR 27.01.09.01-3.

D. Except when a project area is in an intensely developed area, a local jurisdiction shall minimize the clearing of forest and developed woodlands and not exceed the following standards:

(1) In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands on the parcel or parcels on which the project area is located; and

(2) In a resource conservation area, limit clearing of forest to 10 acres or 20 percent of the entirety of the forest and developed woodlands on the parcel or parcels on which the project area is located, whichever is less.

E. A local jurisdiction shall require replacement of cleared forest and developed woodlands on an equal area basis.

F. For a major solar energy generating system, a local jurisdiction shall require on-site or off-site planting in accordance with the following:

(1) 15 percent of the total project area in a limited development area; and

(2) 20 percent of the total project area in a resource conservation area.

G. A local jurisdiction shall require a planting plan for mitigation in accordance with Regulation .06 of this chapter.

H. A local jurisdiction shall require stormwater management in accordance with Environment Article, §§ 4-201-4 -215, Annotated Code of Maryland, and COMAR 26.17.02.

I. Except for a small residential accessory solar energy generating system, a local jurisdiction shall require a decommissioning plan if one is not otherwise required as a result of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission.

Md. Code Regs. 27.01.14.04

Regulation .04 adopted effective 48:5 Md. R. 218, eff. 3/8/2021