140 Acre Solar Farm on Biggs Ford Not Part of Executive Order

On Friday, January 15, 2016, County Executive Jan Gardner took executive action to address the growing number of applications for solar farms to be built on agricultural land in Frederick County. Executive Gardner placed a six month hold on the consideration of applications for large scale solar farms.

The executive action does not apply to any project with an application submitted before January 15, 2015. As a result, the proposed 140 acre solar farm on Ralph Whitmore’s Biggs Ford Road property will continue to be considered. Executive Gardner mentioned two other projects pending consideration that will be exempt; projects on Ballenger Creek Pike and Clyde Young Road range in size from 55 acres to 225 acres. Those projects would, however, be subject to any changes in the zoning laws until the project is in good faith, visible construction.

Executive Gardner explained the recent push of applications for special exceptions to county zoning raised questions by the public and members of the Board of Zoning Appeals. “These solar arrays require special exception or site plan approvals,” she stated.

County Code permits these solar arrays, considered a “nongovernmental utility”, as a “principal permitted use as a special exception with site development plan approval” in the Resource Conservation, Agricultural, Village Center Zones and also in six Residential Zones (Rl, R3, R5, R8, R12 and R16). The General Commercial, Limited Industrial, and General Industrial Zones permit the arrays with a site plan approval.

During her press conference, Executive Gardner emphasized Frederick County’s support of solar energy. “While Frederick County supports solar energy, the size of the solar facilities seeking approval in Frederick County is unprecedented,” she explained.

She likened the situation to the requests for cell phone towers when that industry began expanding. The laws and zoning did not anticipate the size and scope of the solar arrays and the renewable energy business. She cited that Frederick County has received “four applications in the previous six months for solar arrays ranging from 55 acres to 220 acres.”

While the moratorium on applications is in place, Executive Gardner will direct county staff and commissions to study the issue. They seek input from all interested parties including agriculture leaders, the Agricultural Preservation Advisory Board, solar industry, and the public.

Issues the County may consider are:

• Which zoning districts are appropriate for these solar facilities?
• What impacts do these solar facilities have on adjoining or nearby properties?
• Is there a maximum number of solar arrays to be allowed in the County or within certain areas of the County?
• Should solar arrays be allowed within priority preservation areas, Maryland
  Historic Trust eligible areas or other sensitive areas?
• Should removal of the solar facilities be required if they are abandoned or no
  longer useful?
• Are there prime agricultural soils where these solar facilities would not be an
  appropriate use?

This temporary hold does not apply to government utility projects, or community solar projects of up to ten acres.

Several interested parties questioned County Executive Gardner, but seemed satisfied with the action if the time of the moratorium is kept to six months. Gardner shared her desire to resolve the matter quickly, but could not commit to the County Council’s time table.

A local commercial real estate professional and advisor on several solar array projects, Tony Checchia praised the action. He told Executive Gardner that the definitions and clarifications were needed.

Two members of Walkersville’s Planning Commission (including the author) were present. The Walkersville Planning Commission has been asked to provide input on the Biggs Ford Road Solar Center proposal. That project is slated for a January 28th hearing before the Frederick County Board of Zoning Appeals. The Walkersville Planning Commission, Burgess, and Town Commissioners plan to provide comments for that meeting.