In this chapter, the following terms have the meanings indicated. Terms Defined. “Energy generating system” has the meaning stated in the Land Use Article, §4-211, Annotated Code of Maryland. Major Solar Energy Generating System. “Major solar energy generating system” means an energy generating system that derives energy from the sun to produce more than two megawatts of electricity. “Major solar energy generating system” includes multiple minor solar energy generating systems that are located on the same parcel that collectively produce more than two megawatts of electricity. Minor Solar Energy Generating System. “Minor solar energy generating system” means an energy generating system that derives energy from the sun to produce two megawatts or less of electricity. “Minor solar energy generating system” does not include a small residential accessory solar energy generating system. “Planting plan” means a narrative, graphic description, or plan of an area when planting is required for mitigation, on-site or off-site plantings, or under solar panels. Project Area. “Project area” means the total area within the limits of disturbance inside the Critical Area of a solar energy generating system. “Project area” includes: A parcel or portions of parcels within the limits of disturbance inside the Critical Area, whether or not those parcels are contiguous; The components of a solar energy generating system listed in §B(9)(b)(i) of this regulation; and Any required roads, internal access ways, transmission infrastructure, fencing, or improvements accessory to the solar energy generating system. “Reservation of resource conservation area density rights” means withholding a certain number of density rights that are attributable to a lot or parcel that prevents them from being used for development for a specified period of time. “Reservation of Resource Conservation Area Density Rights Agreement” means a legal instrument recorded among the land records and approved by the local jurisdiction, restricting land development within a defined area in the resource conservation area and for a specified period of time. Small Residential Accessory Solar Energy Generating System. “Small residential accessory solar energy generating system” means an energy generating system that derives energy from the sun to produce electricity to support the principal use on a residential property on the same lot or parcel as the principal use. “Small residential accessory solar energy generating system” includes an energy generating system that delivers electricity to a power grid and complies with the laws of the State of Maryland. Solar Energy Generating System. “Solar energy generating system” means an energy generating system that derives energy from the sun to produce electricity. “Solar energy generating system” includes: A land use that uses solar collectors, panels, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware, or equipment to produce electricity; and Any term used by a local jurisdiction for a solar application that proposes to construct a solar energy generating system such as a solar energy system utility scale, solar energy system utility scale on farms, utility scale solar array, solar power plant, solar energy system large scale, solar energy system medium scale, solar array, power generating facilities, solar facilities, solar energy system grid connected, and solar energy generating facility commercial. “Solar energy generating system” does not include an energy storage device or facility where the device or facility operates independently of, is separate from, and the primary purpose of which does not include supporting the solar energy generating system within the Critical Area. “Wetland migration area” means an area that will likely be suitable for future wetland establishment in response to a change in sea level. The provisions of this chapter may not be construed to limit the authority of the Public Service Commission under Public Utilities Article, §7-207, Annotated Code of Maryland. The requirements of this chapter are applicable to major, minor, and small residential accessory solar energy generating systems. To ensure compliance with the requirements of this chapter for a major solar energy generating system in a resource conservation area, a local jurisdiction shall require a site plan that addresses the requirements of COMAR 27.02.07 and includes the following: Calculations of any required reservation of resource conservation area density development rights; and The identification and location of property restrictions including the boundary and area of a conservation easement, restrictive covenant, or other protective instrument. A local jurisdiction may require a site plan for a minor solar energy generating system. On or after April 1, 2021, a local jurisdiction may authorize: A major or minor solar energy generating system within the Critical Area in accordance with Regulation .04 of this chapter; A major solar energy generating system in the resource conservation area without growth allocation in accordance with Regulation .05 of this chapter; and A small residential accessory solar energy generating system in the buffer or in a modified buffer area if: There is not an alternative location outside the buffer; The lot is 1/4 acre or less in size and created before local program approval; and Mitigation is required at a 1:1 ratio. On or after April 1, 2021, a local jurisdiction: Notwithstanding existing local standards and procedures, shall apply the provisions of this chapter; or Except for the growth allocation provision in §D of this regulation, the lot coverage provision in Regulation .04B of this chapter, and the forest conservation and planting plan provisions in Regulation .04D and F of this chapter, may adopt alternative procedures and requirements if: The alternative procedures and requirements are as least as effective as the Critical Area program under Natural Resource Article, Title 8, Subtitle 18, Annotated Code of Maryland, regulations adopted under the authority of that subtitle, and any additional requirements of the local program; and The Commission has approved those alternative procedures and requirements. A local jurisdiction may authorize a major and minor solar energy generating system in a modified buffer area in accordance with a local Critical Area program if the project is located over existing legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland. In addition to meeting the requirements of this chapter, a local jurisdiction may not authorize a growth allocation to accommodate a major or a minor solar energy generating system in the limited development area or the resource conservation area. Except for a regulated activity that is authorized by the Maryland Department of the Environment in accordance with COMAR 26.23.02, a local jurisdiction may not authorize a major or minor solar energy generating system: In a habitat protection area designated under COMAR 27.01.09; or On a steep slope or a highly erodible soil. Unless authorized under an approved Critical Area program in accordance with §B(2) of this regulation, a local jurisdiction may not authorize a variance, modification, waiver, or other local procedure or approval that alters the requirements of this chapter. Except for a small residential accessory solar energy generating system as provided in Regulation .03 of this chapter, the provisions of this regulation are applicable to a major and minor solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area. A local jurisdiction shall not count the area of a solar panel as lot coverage and: For a minor solar energy generating system, the solar panel is: Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or Elevated above the ground and the area under the solar panel is maintained as an area of existing grass, established grass, or other natural vegetation, or as an agricultural use; and For a major solar energy generating system, the solar panel is: Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or Elevated above the ground and the area under the solar panel is maintained in accordance with the planting plan requirements of Regulation .06 of this chapter as: Pollinator habitat; Native vegetation other than pollinator habitat; or An agricultural use. A local jurisdiction shall require the following minimum standards for the buffer as defined in COMAR 27.01.01.01: Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)—(7); Unless there is no feasible alternative, prohibit access through the buffer to the project area; and When there is no feasible alternative to access through the buffer, authorize one point of access through the buffer to the project area, or where a project includes noncontiguous parcels, minimize the number of access points through the buffer if: The disturbance inside the buffer is replanted at a 2.5:1 ratio; and A buffer management plan is required in accordance with COMAR 27.01.09.01-3. Except when a project area is in an intensely developed area, a local jurisdiction shall minimize the clearing of forest and developed woodlands and not exceed the following standards: In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands on the parcel or parcels on which the project area is located; and In a resource conservation area, limit clearing of forest to 10 acres or 20 percent of the entirety of the forest and developed woodlands on the parcel or parcels on which the project area is located, whichever is less. A local jurisdiction shall require replacement of cleared forest and developed woodlands on an equal area basis. For a major solar energy generating system, a local jurisdiction shall require on-site or off-site planting in accordance with the following: 15 percent of the total project area in a limited development area; and 20 percent of the total project area in a resource conservation area. A local jurisdiction shall require a planting plan for mitigation in accordance with Regulation .06 of this chapter. A local jurisdiction shall require stormwater management in accordance with Environment Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02. Except for a small residential accessory solar energy generating system, a local jurisdiction shall require a decommissioning plan if one is not otherwise required as a result of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission. In addition to the requirements of this regulation, a local jurisdiction shall also apply the standards under Regulation .04 of this chapter when authorizing a major solar energy generating system in the resource conservation area. Except for access allowed in accordance with Regulation .04C of this chapter and in accordance with the provisions in COMAR 27.01.06, a local jurisdiction shall restrict forest clearing within 300 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream. In addition to any applicable local land recordation requirements, a local jurisdiction shall record a Reservation of Resource Conservation Area Density Rights Agreement in accordance with §§D and E of this regulation. The number of density rights reserved is equal to: The permitted density associated with the project area of each parcel as calculated under Natural Resources Article, §8-1808.1(e), Annotated Code of Maryland, and COMAR 27.01.02.05C(4); and The number of density rights that are attributable to the project area, with a minimum of one density right reserved. The Reservation of Resource Conservation Area Density Rights Agreement shall remain in effect until: The decommissioning plan, as required in Regulation .04 of this chapter, has been implemented and completed; and A local government confirms the implementation of the decommissioning plan is complete and the termination of the Reservation of Resource Conservation Area Density Rights Agreement is reflected in the land records. The remaining land unencumbered by the solar energy generating system or lands not otherwise restricted by the Reservation of Resource Conservation Area Density Rights Agreement may be developed in accordance with Natural Resources Article, §8-1808.1, Annotated Code of Maryland, and COMAR 27.01.02.05C(4). A lot, a parcel, or a portion of a lot or parcel is not eligible for a major solar energy generating system if the density rights associated with that lot, parcel, or portion of a lot or parcel have been: Utilized for an intrafamily transfer; Transferred through a transfer of development rights program; Preserved or conserved through an easement; or Otherwise reserved in association with an area of land to be utilized for the solar energy generating system. A local jurisdiction may propose alternatives to a Reservation of Resource Conservation Area Density Rights Agreement in the resource conservation area if the local jurisdiction submits those standards to the Commission and they are approved as part of a local Critical Area program. The standards may include: A transfer of development rights program; or A permanent restriction of development rights of other lands that proffer water quality and habitat benefits such as wetland migration areas Based on the constraints and opportunities presented by a project area, a local jurisdiction shall select from the following options to address the requirements for a planting plan in Regulation .04E and F of this chapter: Plant on-site in one of the following planting areas: The area within 300 feet landward from the mean high water line of tidal waters, from the landward boundary of a tidal wetland, or from the edge of each bank of a tributary stream; Contiguous to or within a designated forest interior dwelling bird habitat; or A wildlife corridor; If a local jurisdiction has in place an agreement with the Commission: Plant off-site in accordance with the options specified in §A(1) of this regulation; Create a wetland migration area, nonstructural shoreline stabilization measure, or other nature-based practice that naturally adjusts to changing environmental conditions through the lifespan of the practice and is designed to address future sea level rise, precipitation-induced flooding, or other climate change impacts; Create, restore, or enhance a nontidal wetland that results in habitat and water quality benefits if it is authorized by the Department of the Environment; or Propose alternative mitigation options that include provisions for Commission review; or Collect a fee in lieu in accordance with Regulation .07 of this chapter. A local jurisdiction shall ensure that any general landscape screening requirements for an energy generating system are not included as part of the mitigation planting required in Regulation .04 of this chapter. A local jurisdiction shall require a planting plan for: The area under the solar panels; or Replanting required in Regulation .04D and F of this chapter. A local jurisdiction shall ensure long-term maintenance of the plantings through financial assurance measures. A local jurisdiction shall require that all planting is in accordance with local reforestation and planting plan requirements, including protecting all planted areas through conservation easements, restrictive covenants, or other protective instruments. A local jurisdiction shall: Collect at least $1.50 per square foot of mitigation as required in Regulation .06 of this chapter; Ensure the fee is adequate to cover the cost associated with administration, acquisition, planting, monitoring, and maintenance for the required mitigation or required planting requirements of Regulation .04D and F of this chapter; Establish a separate account independent of other Critical Area funds, which may not revert to a local jurisdiction’s general fund, for the collection of the fee in lieu; Prohibit the use of the fees to meet other landscaping requirements; and Use the fees to accomplish: Off-site plantings in accordance with the options provided in Regulation .06A(1) of this chapter; or Other water quality and habitat enhancement projects provided in Regulation .06A(2) of this chapter, and as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission. Natural Resources Article, §§8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland Effective date: March 8, 2021 (48:5 Md. R. 218) Regulation .02-1 adopted effective September 6, 2021 (48:18 Md. R. 694) Regulation .03A, B amended effective January 20, 2025 (52:1 Md. R. 19) Regulation .03G, H repealed effective September 6, 2021 (48:18 Md. R. 694) Regulation .05B amended effective January 20, 2025 (52:1 Md. R. 19) Regulation .06 amended effective January 20, 2025 (52:1 Md. R. 19) Regulation .06A amended effective March 6, 2023 (50:4 Md. R. 123)