In an acknowledgment that it likely is losing its authority over where large solar farms can go, the Baltimore County Council Monday night passed legislation that aligns with a bill that was approved by the Maryland General Assembly last month.
Under the new state legislation, localities only control solar projects that generate less than one megawatt. A one megawatt farm needs 5-7 acres, according to the Solar Farm Industries Association.
“What is happening on the state level is very regretful,” said Republican Councilman Wade Kach, who represents the more rural northern part of the county. “In regard to zoning, the seven members of this county council are the closest to the citizens of Baltimore County.”
Gov. Wes Moore has not yet signed the legislation into law. In a recent interview, Moore said that while local governments have an influence in what happens in their jurisdictions, “I also know that the answer cannot and will not always be let’s either do slow or no. There has to be a partnership involved in that process as well.”
Proponents of the state legislation said localities blocking solar facilities is hampering the effort to rely more on renewable energy.
After examining the state legislation which sets up new requirements for solar facilities, Baltimore County’s Office of Government Affairs found that it likely supersedes local rules. There are several exceptions, including the one megawatt threshold.
Solar facilities also are limited to 5 percent of the county’s priority preservation area (PPA). County officials said Baltimore County has nearly 142,000 acres in the PPA, mostly in the northern, more rural part of the county. That means more than 7,000 acres are potentially available in the PPA for solar facilities.
The county legislation, sponsored by Republican David Marks and unanimously approved by the council Monday night, lays out the rules for solar facilities that generate less than one megawatt. It for the most part mirrors the regulations put in place by the state for larger solar farms.
Marks’ legislation was heavily amended.
The original intent of the bill was to block a developer from putting up solar panels that would have surrounded a Kingsville homeowner on three sides. Marks changed the legislation because of the state’s action. In a text, Marks said that the proposed solar facility could still be blocked because if it’s larger than one megawatt, state regulations will kick in.
“The state buffering requirements will impact it,” Marks said.
Meanwhile, Councilman Kach Monday night withdrew legislation he was proposing to ban solar facilities from “prime farmland” as defined by the U.S. Department of Agriculture.
Kach said he plans to reintroduce it. If the governor signs the state legislation into law Kach said, “I will be drafting a bill in line with the new state laws.”
