Sec. 27.02.05.15-1. General Criteria for a Solar Energy Generating System

A. The provisions of this section are applicable to a solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.

B. The area of a solar panel shall not count as lot coverage and:

(1) For a minor solar energy generating system, the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) 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; and

(2) For a major solar energy generating system the solar panel is:

(a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

(b) Elevated above the ground and the area under the panel is maintained in accordance with the planting plan requirements of Regulation .15-3 of this chapter as:

(i) Pollinator habitat;

(ii) Native vegetation other than pollinator habitat; or

(iii) An agricultural use.

C. In accordance with COMAR 27.02.01.01, a State agency shall:

(1) Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)-(7);

(2) Unless there is no feasible alternative, limit access through the buffer to the project area; and

(3) When there is no feasible alternative to access through the buffer, locate one point of access through the buffer to the project area, or where a solar energy generating system includes noncontiguous parcels, minimize the number of access points through the buffer and:

(a) Replant at a 2.5:1 ratio for disturbance inside the buffer; and

(b) Submit a buffer management plan in accordance with COMAR 27.01.09.01-3.

D. Except when a project area is in an intensely developed area, a State agency shall minimize the clearing of forest and developed woodlands and not exceed the following standards:

(1) In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands in the project area; and

(2) In a resource conservation area, limit clearing of forest and developed woodlands to 10 acres or 20 percent of the entirety of the forest and developed woodlands in the project area, whichever is less.

E. A State agency shall replace cleared forest and developed woodlands on an equal area basis.

F. For a major solar energy generating system, a State agency shall provide on-site or off-site planting in accordance with the following:

(1) 15 percent of the total project area in a limited development area; and

(2) 20 percent of the total project area in a resource conservation area.

G. A State agency shall submit a planting plan for mitigation and on-site or off-site planting in accordance with Regulation .15-3 of this chapter.

H. A State agency shall provide stormwater management in accordance with Environment Article, §§4-201-4-215, Annotated Code of Maryland, and COMAR 26.17.02.

I. A State agency shall provide 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.

J. A State agency shall submit 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 regulation.