Sec. 27.01.14.03. General Provisions

A. On or after April 1, 2021, a local jurisdiction may authorize:

(1) A major or minor solar energy generating system within the Critical Area in accordance with Regulation .04 of this chapter;

(2) A major solar energy generating system in the resource conservation area without growth allocation in accordance with Regulation .05 of this chapter; and

(3) A small residential accessory solar energy generating system in the buffer or in a modified buffer area if:

(a) There is not an alternative location outside the buffer;

(b) The lot is 1/4 acre or less in size and created before local program approval; and

(c) Provided mitigation is required at a 1:1 ratio.

B. On or after April 1, 2021, a local jurisdiction:

(1) Notwithstanding existing local standards and procedures, shall apply the provisions of this chapter; or

(2) 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:

(a) 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

(b) The Commission has approved those alternative procedures and requirements.

C. 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 provided the project is located over existing legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland.

D. 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.

E. 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:

(1) In a habitat protection area designated under COMAR 27.01.09; or

(2) On a steep slope or a highly erodible soil.

F. 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.

G. For a major solar energy generating system, a local jurisdiction shall require a site plan that includes the information listed on the Solar Energy Generating Facility Site Plan Checklist provided by the Commission to ensure compliance with the requirements of this chapter.

H. A local jurisdiction may require a site plan for a minor solar energy generating system.