N.J. Admin. Code § 2:76-24.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 2:76-24.4 - Eligibility to install, operate, and maintain solar energy facilities on a farm

(a) Any person who owns a farm may submit an application to the Committee for the construction, installation, operation, and maintenance of solar energy facilities (facilities) on the farm provided that:

1. The facilities will not interfere significantly, as set forth in 2:76-24.6, with the use of the land for agricultural or horticultural production;

2. The facilities are owned by the landowner, or will be owned by the landowner upon the conclusion of the term of an agreement with the installer or operator of the solar energy generation facilities, structures, or equipment by which the landowner uses the income or credits realized from the solar energy generation to purchase the facilities, structures, or equipment;

3. The facilities will be used to provide power or heat to the farm, either directly or indirectly, or to reduce, through net metering or similar programs and systems, energy costs on the farm;

4. Solar energy facilities on the farm are limited in total annual energy generation to:

i. The farm's previous calendar year's energy demand plus 10 percent, in addition to energy generated from facilities, structures, or equipment existing on roofs of buildings or other structures on the farm on January 16, 2010; or

ii. Alternatively at the option of the landowner, to an occupied area consisting of no more than one percent of the area of the farm;

5. If wind or biomass energy generation systems are located on the farm, the limits in (a)4i and ii above shall apply to the cumulative total energy generated or area occupied by all the solar, wind, and biomass energy facilities;

6. The owner(s) of the farm and the solar energy facilities will sell energy only through net metering, or as otherwise permitted under an agreement pursuant to (a)2 above, and/or directly to the electric distribution system provided that the solar energy facilities occupy no greater than one percent of the farm;

7. The land occupied by the solar energy facilities is eligible for valuation, assessment, and taxation pursuant to P.L. 1964, c. 48 (54:4-23.1 et seq.) and will continue to be eligible for such valuation after construction of the solar energy facilities;

8. The solar energy facilities do not exceed the one acre of impervious cover on the premises; and

9. A solar energy facility located in the Pinelands Area, as defined and regulated by the Pinelands Protection Act, P.L. 1979, c. 111 (13:18A-1 et seq.), complies with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111.

N.J. Admin. Code § 2:76-24.4