It could become more expensive for solar developers to build on Maine farmland.
The Maine Department of Agriculture, Conservation and Forestry has proposed changes to the permitting process that could discourage solar energy development on valuable farmland. Public comment on the draft is open through the end of August.
Five years ago, Maine made it easier to build ground-based solar projects, which have multiplied across the state. Some are concerned about the number of projects on Maine’s limited amount of land suited for farming, which is already disappearing to development.
The changes, following a law passed by the Legislature last year, are intended to balance soil preservation with the state’s renewable energy goals, Craig Lapine, director of the Bureau of Agriculture, Food and Rural Resources, said in a memo to the public.
If approved, the rule change would require developers to get site soil tested before they are issued a permit. If the soil is considered high value for agriculture, important statewide or locally valuable, the developer will need to adjust the project, pay into a conservation fund or conserve comparable land. Land that is currently forested could also be determined high-value by a soil scientist.
Only about 13 percent of the state would likely be classified as high-value agricultural land, the department said, and it expects the rules would not affect most projects.
If a project was completely or partly on high-value farmland, the next step would be to see if it could be reconfigured or moved on the property.
The amount of compensation due is tiered by levels, including high-value soil or farmland of wider importance, the site’s pressure to be converted into non-farmland, its farming history and opportunities for dual use. A point system with a formula determines the amount of compensation a developer would need to provide.
Projects less than 20 acres in size or on land contaminated with PFAS, or “forever chemicals,” would be eligible for a faster review process that typically comes with automatic approval, the department said.
Projects proposing dual use for the site would need to submit a management plan for it and submit annual updates. Dual use may include grazing sheep, growing blueberries or planting pollinator species under the panels.
The rule change also gives municipalities the option to take on permitting authority.
In a memo, the department said it wants to hear from the public in particular on what types of land where development should be most discouraged, what types of farms are locally valuable and what projects should be eligible for the faster process.
Solar industry advocates have said farmers can keep their land by installing solar to help pay their bills. They believe the proposed changes would make that more difficult and limit farmers’ choices in how they use their property.
A draft of the proposed rule change, the act passed last year and a memo explaining the possible changes is available on the department’s website.
A public hearing will be held at 9 a.m. Monday, Aug. 19, in Room 101 at 90 Blossom Lane in Augusta and online. Written comments will be accepted until 11:59 p.m. on Thursday, Aug. 29.
