Solar sanity

DENTON – Limiting the sprawl of commercial solar sites in Caroline County and informing property owners of the possible pitfalls in leasing their land is a priority of the three County Commissioners.

Containing that development also has spurred them to push back against the state’s green energy legislative proposals.

Educating property owners is just one component of the multi-pronged effort. The Commissioners have reached out via social and print media, as well as through direct mail to farmers. (A link to the letter, reprinted with permission from the Caroline County Commissioners, is provided at the end of the article.)

The scale of the Cherrywood Solar construction project between Goldsboro and Greensboro by NextEra Energy Resources has surprised some residents, who are concerned that the “Green Garden County” may cede its agricultural heritage and scenic beauty to power companies and state mandates to generate green energy.

NextEra Energy Resources is starting to prepare former productive fields for construction of solar arrays on about 740 acres.

In a Jan. 14 letter, the commissioners urged county property owners to consult legal counsel “before signing anything.”

“If enough landowners convert their land to solar, it could significantly impact those who choose to keep their land in agriculture,” was just one of the concerns the Commissioners cited in the letter.

“The Commissioners are concerned that if enough agricultural land is converted to solar facilities, it will begin to affect the viability of agriculture in this County and the region,” the letter stated.

In 2022, Caroline County farmers grew more than 111,000 of acres of grain, “the number one commodity grown in Maryland with major importance to the economy and land use,” according to University of Maryland Extension.

Agriculture is the largest industry in the county and, according to the USDA’s 2022 statistics, Caroline is the third largest per-acre grain producer in the state, growing 9% of the state’s corn, wheat, barley and soybeans. Caroline’s grain production is only exceeded by Queen Anne’s (12%) and Kent (10%) counties.

The county has 200,000 acres of agricultural land, 91,000 acres (46%) of which are classified as “prime farmland” by the U.S. Department of Agriculture. Prime farmland is soil with the highest productivity for producing food crops “and, thus, is of national importance for preservation as farmland,” according to the commissioners’ letter.

The state of Maryland has classified 50,000 acres (25%) as “farmland of statewide importance” for food production.

“Communities require a critical mass of farms and farmers to sustain agricultural suppliers, markets, processors, storage facilities, and other industry infrastructure,” the letter stated.

“As more land transitions out of agriculture, the demand for these supportive services erodes,” the Commissioners’ letter concluded. “As those supportive services go out of business or consolidate, it is more difficult for remaining businesses to continue operations. If enough landowners convert their land to solar, it could significantly impact those who choose to keep their land in agriculture.”

At the Commissioners’ Jan. 28 meeting, Commissioner Frank Bartz expressed concern about topsoil being removed to install solar panels at NextEra’s Cherrywood project. “So, you tell me how you're going to ever replenish the land back to (its original state)?”

Commission President Travis Breeding said the company saves the topsoil, but “it never grows the same.”

Accompanying the Commissioners’ letter was a 37-point document titled “Issues to Investigate Before Leasing your Land for Solar.” It addresses issues such as liability, insurance, decommissioning and encumbrances.

The County Commissioners established a temporary 6-month moratorium on Commercial Solar Array projects in May 2017. The moratorium only affected commercial solar energy systems with the ability to sell power. The moratorium was established in response to citizen concerns, solar companies’ pursuing projects in the county and elected officials’ concerns.

As a result of county staff work and public feedback, Ordinance 2017 and 2017-2 “includes a cap of 2,000 acres for Commercial Solar Energy Systems on properties throughout the County,” according to the ordinance. “Additionally, commercial solar energy systems are not allowed on parcels in the transferable development rights (TDR) … Commercial Solar Energy Systems are not permitted on parcels subject to any land preservation easements.”

Annapolis actions
Complicating the Commissioners’ efforts is a flurry of legislative action in Annapolis; the Commissioners support some proposed legislation and oppose others.

A key concern is the amount of control counties will have over their own jurisdictions and land use if the state decides it needs Eastern Shore farmland to advance its green agenda and goals.

For example, Senate Bill 478, co-sponsored by Sen. Steve Hershey (R-36) and supported by the Commissioners, would require local approval of a certificate of public convenience and necessity (CPCN) for a solar energy generating station initially approved by the Maryland Public Service Commission.

Del. Jeff Ghrist (R-36) is the lead sponsor of both HB 739 and HB 742. HB 739 would prohibit the Public Service Commission from approving a CPCN unless a county or municipal approved construction of a solar generating station. HB 742 would prohibit those constructing a solar energy generating station from exercising the right of condemnation, or eminent domain. Both bills are co-sponsored by Del. Steve Arentz (R-36), Del. Tom Hutchinson (R-37B) and Del. Jay Jacobs (R-36).

On the other hand, House Bill 827 as well as SB 931would both preempt local jurisdictions from enacting laws opposing the state’s siting of solar energy generating stations or energy storage devices.

Several bills have been introduced in the 2025 Maryland General Assembly to address solar issues. Then on Feb. 3, a group of legislators announced they would “introduce a package of bills designed to produce more energy in-state and lower consumers’ utility bills,” according to Maryland Matters. The package would also address “the fact that the state is falling short of climate mandates and clean energy goals.”

The three bills in the package are SB 937/HB 1035 – Next Generation Energy Act, SB 909/HB 1037 – Energy Resource Adequacy and Planning Act, and SB 931/HB 1036 – Renewable Energy Certainty Act.

According to Maryland Matters, SB 931, or “the Renewable Energy Certainty Act, … is designed to expedite solar generation and battery storage by removing certain local roadblocks — a notion that’s sure to be controversial with many county governments and other local stakeholders.”

Responding to Gov. Wes Moore’s Feb. 5 State of the State Address, Hershey sent a letter to constituents Feb. 7 blaming higher utility costs and the state’s low energy supply on “legislative initiatives passed by Democrats in the General Assembly,” which included climate and environmental laws.

At the Nov. 19 meeting of the County Commissioners, Vice President Larry Porter said reconfiguring renewable energy goals would have to be addressed by legislators because of a looming $3 billion state deficit for fiscal year 2026.

Riding out the near future of federal and state belt-tightening to meet state goals may mean “the state is going to have to continue to double down on what they're going to spend and what they're going to put on our farmland, in order to meet those goals,” Porter said.

“So there's no question in my mind that subsidies are being used to make these solar projects work,” he said. “If those subsidies are not going to be coming down from the federal government, the state's going to have to decide where they're going to come up with them.”