Md. Code Regs. 27.01.14.05

Current through Register Vol. 51, No. 9, May 3, 2024

Section 27.01.14.05 - Criteria for a Major Solar Energy Generating System in the Resource Conservation Area

A. In addition to the requirements of this regulation, a local jurisdiction shall also apply the standards under Regulation .04 of this chapter when authorizing a major solar energy generating system in the resource conservation area.

B. Except for access allowed in accordance with Regulation .04C of this chapter and in accordance with the provisions in COMAR 27.01.06, a local jurisdiction shall restrict forest clearing within 300 feet beyond the landward boundary of tidal waters or tidal wetlands, or the edge of each bank of a tributary stream.

C. In addition to any applicable local land recordation requirements, a local jurisdiction shall record a Reservation of Resource Conservation Area Density Rights Agreement in accordance with §§D and E of this regulation.

D. The number of density rights reserved is equal to:

(1) The permitted density associated with the project area of each parcel as calculated under Natural Resources Article, § 8-1808.1(e), Annotated Code of Maryland, and COMAR 27.01.02.05C(4); and

(2) The number of density rights that are attributable to the project area, with a minimum of one density right reserved.

E. The Reservation of Resource Conservation Area Density Rights Agreement shall remain in effect until:

(1) The decommissioning plan, as required in Regulation .04 of this chapter, has been implemented and completed; and

(2) A local government confirms the implementation of the decommissioning plan is complete and the termination of the Reservation of Resource Conservation Area Density Rights Agreement is reflected in the land records.

F. The remaining land unencumbered by the solar energy generating system or lands not otherwise restricted by the Reservation of Resource Conservation Area Density Rights Agreement may be developed in accordance with Natural Resources Article, § 8-1808.1, Annotated Code of Maryland, and COMAR 27.01.02.05C(4).

G. A lot, a parcel, or a portion of a lot or parcel is not eligible for a major solar energy generating system if the density rights associated with that lot, parcel, or portion of a lot or parcel have been:

(1) Utilized for an intrafamily transfer;

(2) Transferred through a transfer of development rights program;

(3) Preserved or conserved through an easement; or

(4) Otherwise reserved in association with an area of land to be utilized for the solar energy generating system.

H. A local jurisdiction may propose alternatives to a Reservation of Resource Conservation Area Density Rights Agreement in the resource conservation area if the local jurisdiction submits those standards to the Commission and they are approved as part of a local Critical Area program. The standards may include:

(1) A transfer of development rights program; or

(2) A permanent restriction of development rights of other lands that proffer water quality and habitat benefits such as wetland migration areas.

Md. Code Regs. 27.01.14.05

Regulation .05 adopted effective 48:5 Md. R. 218, eff. 3/8/2021