BERLIN – In an effort to gather more information, the Worcester County Commissioners have postponed a decision on legislation designed to streamline local solar energy regulations until Nov. 18.
Questions raised by commissioners as well as others posed by local citizens prompted the decision to table the matter at Tuesday’s meeting. Members of the board agreed, however, that the legislation would be reconsidered Nov. 18, before the commissioners replacing retiring Judy Boggs, Louise Gulyas and Jim Purnell were sworn in.
“It’s up to us to make the decision,” said Commissioner Bud Church, adding that it wasn’t fair to make those depending on the legislation wait until the new commissioners had a grasp on the topic.
The proposed legislation — meant to smooth the process for solar developers — would redefine solar projects in Worcester County, according to Ed Tudor, Worcester County’s director of development review and permitting. In the past, the projects were divided into three categories — small, medium or large. The legislation being considered would add a fourth category — utility. Utility-sized projects would be those with a capacity greater than 2.5 megawatts.
Along with the new category would be reduced setbacks, minimum acreage requirements and changes to the approval process.
Under the proposal, large projects, those in the 200 kilowatt to 2.5 megawatt range, would require at least a 30-acre lot and would be approved by the planning commission with a major site plan. In the past, those projects underwent a two-step review process that included a presentation to the County Commissioners.
“It streamlines that process,” Tudor said.
He added that the bigger utility-sized projects would require a minimum lot area of 50 acres and would still be subject to the two-step approval.
Bill Badger, Worcester County’s economic development director, said several companies were interested in solar development in Worcester County and would welcome changes to the lengthy approval process.
“The purpose is to be more attractive to align better with other jurisdictions we’re competing with,” he said.
Attorney Mark Cropper, representing solar company EC & R Development, was quick to present his opposition to the changes. The proposed legislation, he said, only allowed utility-sized projects in agricultural and industrial districts — not in estate or village districts. His client, however, had already spent “hundreds of thousands of dollars” working on a project that was to be built in a village district, as that was permitted in the solar legislation passed in 2011.
“If the County Commissioners pass this today, all that time, effort and money has been wasted,” Cropper said.
Cropper said he wasn’t aware of a change in circumstances in the past three years. He said he saw no reason why the same districts that were deemed appropriate for solar in 2011 weren’t appropriate for solar projects now.
“When I think about a solar facility, let’s face it—they’re not the most intense use. They don’t require a lot of activity,” Cropper said. “They’re less intense than the uses allowed in those (agricultural and industrial) zones.”
Commissioner Jim Bunting agreed with Cropper’s argument.
“I think they should be permitted [in estate and village districts],” he said. “It was fine before. A lot of thought was put into it. It should be the same now.”
Robert Busler of Standard Solar, the company working on the city of Pocomoke’s solar project, said he had no opinion on what zoning districts should permit solar but spoke in favor of the proposed legislation. He said adding a fourth category of solar projects would put the county’s requirements in line with state regulations.
“We’re very much in support of what Ed [Tudor] and Bill [Badger] have been trying to do,” he said.
Dane Bauer, an area resident who works with companies as they pursue solar projects, agreed.
“Anything you can do to streamline the process will bring companies to Worcester County,” he said.
Commissioner Virgil Shockley said he understood the desire to streamline the process but questioned the acreage each level of solar project would require. Commissioner Judy Boggs said she had concerns as well and thought the issue should be investigated further before it was brought to a vote.
“We certainly want to make our county attractive to large and small projects, but we have to balance that with keeping Worcester County attractive,” she said. “We need to take some time with these first programs. We want to do it right.”