N.J. Admin. Code § 14:8-12.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:8-12.4 - Siting limitations for covered agricultural lands

(a) A CSI-eligible facility may not be located on covered agricultural lands when the cumulative solar development located on such lands will exceed the Statewide threshold.

(b) A CSI-eligible facility may not be located on covered agricultural lands in any county when the cumulative solar development will exceed the county concentration limit.

(c) In determining the acreage for cumulative solar development, the size of a CSI-eligible facility shall equal the total contiguous or noncontiguous area(s) supporting the solar energy facilities and related infrastructure. The total area calculation shall include any areas of land no longer available for, or in, agricultural or horticultural production due to the presence of the solar energy facilities, including all areas of land that are devoted to, or supporting, the solar energy facilities; nonfarm roadways including access roads; any areas of the farm used for underground piping or wiring to transmit solar energy or heat where the piping or wiring is less than three feet from the surface; and areas consisting of other related facilities, structures, and equipment, including any other buildings or site amenities, deemed necessary for the production of solar energy.

(d) A CSI-eligible facility shall count towards cumulative solar development for both the Statewide threshold and the county concentration limit upon registration with the Board for conditional certification, pursuant to N.J.A.C. 14:8-11.5. The total acreage identified in the application shall be counted toward cumulative solar development. If the project's registration lapses without the project reaching commercial operation, then the project shall no longer be included in the calculations for cumulative solar development. Facilities approved by the Board as dual-use solar facilities, in accordance with the provisions at N.J.S.A 48:3-87.13, will not be counted towards cumulative solar development.

(e) If the acreage required for a proposed CSI-eligible facility causes cumulative solar development to exceed the Statewide threshold set forth at (a) above, a waiver pursuant to N.J.A.C. 14:8-12.6 must be obtained from the Board before the proposed CSI-eligible facility will be allowed to register with the Board.

(f) A CSI-eligible facility is not permitted to exceed the acreage of solar development on covered agricultural lands submitted as part of the registration pursuant to N.J.A.C. 14:8-11.5.

(g) Upon completion of construction, and prior to commencing commercial operations, the facility's acreage will be updated to reflect the actual acreage used and provided to the Board, or its designee.

(h) Nothing in this subchapter shall be construed to permit siting of solar on preserved farmland, unless affirmatively allowed pursuant to N.J.S.A. 4:1C-32.4 et seq.

N.J. Admin. Code § 14:8-12.4

Adopted by 55 N.J.R. 2015(a), effective 9/18/2023