01 M.R.S. § 001-575-1 - PREAMBLE

The benefits of farms and farmland to our state and its people are numerous, spanning economic, cultural, environmental, and educational benefits, as well as providing a foundation for local and regional food security. However, farmland is under immense development pressure in Maine. Productive agricultural soils are a finite resource that, once developed or disturbed, may take decades to restore, and in some cases, restoration may not even be possible. They are key to Maine's current and future agricultural productivity, biodiversity, climate resiliency, and food security. At the same time, renewable energy is central to achieving the State's climate goals and farmers may wish to enhance the economic viability of their operations with thoughtful siting of renewable energy infrastructure.

The purpose of this rule is to regulate the permitting of solar energy developments that occupy five (5) acres or more and are at least partially sited on high-value agricultural land (HVAL) as set forth in 38 M.R.S. §§ 3201-02, "Protection of Agricultural Soils from Solar Energy Developments." When a solar energy development is between five (5) and twenty (20) acres, the applicant can proceed with applying for a permit by rule (PBR) in an expedited process. When a communityscale or utility-scale1 solar operation is twenty (20) acres or more, applicants must apply for an individual permit, and a compensation fee or farmland conservation project may be required of the solar energy developer. Compensation fees will be calculated by and paid to the Department of Environmental Protection (DEP), which will deposit the funds into an account for the Department of Agriculture, Conservation, and Forestry (DACF) to be used for farmland conservation or solar mitigation projects.

The rules allow solar energy development while also protecting HVAL to the extent practicable. They also provide opportunities to reduce the compensation fee if mitigation strategies are employed at the site.

Notes

01 M.R.S. § 001-575-1

The Maine Governor's Energy Office defines solar energy development project sizes based on kilowatt (kW) AC capacity: less than 25 kW produced = residential-scale, 25 to 499 kW produced = commercialscale, 500 to 4,999 kW produced = community-scale, and greater than 4,999 kW = utility-scale.