Chapter 6.2
Food Security and Sovereignty

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Commercial Solar Development on Farmlands

INTRODUCTION

The installation of solar panels for energy has increased exponentially over the past decade.[1] New technologies are reducing costs, and federal, state, and local policies, at times, provide tax incentives and other benefits. Demand for renewable energy is rising as parties aim to achieve climate change goals and targets.[2] Solar is currently the cheapest source of energy generation in the U.S.[3] Solar development holds an average annual growth of almost 50 percent.[4] However, commercial solar development requires a significant amount of land. Some farmers lease their land to solar developers for a variety of reasons, including raising additional income.[5] Such actions may decrease the quality and quantity of farmland for food and other agriculture.[6]

To address this conflict between renewable energy growth and loss of prime farmland, some local governments look to strike a balance between developing solar and protecting farmland. Doing so can require a multistep process that often begins by designating certain farmlands as “prime farmlands,” “soils of statewide importance,” or “unique soils” (for our brief specifically discussing the protection of prime farmland and soils see Development Restrictions to Protect Prime Soils).[7] Next, local governments can require developers to build, maintain, and remove solar panel arrays in a way that prevents damage to farmlands and soils, protecting them for future use.[8] This includes a close look at all aspects of solar development, use, and maintenance.[9] For example, a commercial solar development requires access roads for equipment and vehicles, transmission lines, cleaning, and eventual decommissioning that can damage farmland.[10] Local governments can address these matters via the zoning regulations before allowing installation. Finally, local governments can promote concurrent use of farmland in which a solar array is added,[11] for example, grazing sheep on the land around and under solar panels.[12] Solar projects may also provide opportunities for pollinators and honey production (for our brief specifically discussing pollinators see Bees in Urban and Suburban Districts and pollinator habitats see Protection of Pollinators from Habitat Loss and Chemical Exposure).[13]

Another way to implement an ordinance that promotes commercial solar in agricultural zones is through “floating zones.”[14] A floating zone allows a solar developer to construct in an area that prohibits large-scale development. Commercial solar involves immense acreage, and this type of development is often disallowed in agricultural zones. However, many local governments permit commercial solar development in agricultural zones if the development meets the floating zone criteria. Additional floating zone criteria may include requirements concerning size, location, and environmental impacts. If a project meets the floating zone criteria, the commercial solar developer is authorized to move the project forward within the agricultural zone.

Overall, local governments may find at least three types of ordinances to promote sustainable development of commercial solar on farmland: ordinances that prevent development on important farmlands; ordinances that require solar development to minimize or prevent impacts to surrounding farmland; and finally, ordinances that promote combining agricultural production with energy production. The examples below illustrate the last two types of ordinances.

EFFECTS

Commercial solar development can provide substantial benefits for a community. For starters, solar projects require hiring employees. Solar projects provide numerous jobs manufacturing, constructing, and operating the solar array. Additional jobs create a ripple effect and benefit the entire local economy.[15] Community members (business owners, homeowners, municipalities, etc.) may be able to purchase electricity from the solar array to lower their greenhouse gas emissions and reduce electricity bills.[16] Overall, solar power plays an important role in mitigating climate change and reduces dependency on greenhouse gas-emitting fossil fuels.

It is also important to balance the benefits of solar with the benefits of farmlands. The food and farming system employs over 20 million people.[17] In the right circumstances, farmlands provide numerous environmental benefits, including “wildlife habitat, clean air and water, flood control, groundwater recharge and carbon sequestration.”[18] Prime farmlands are also crucial for providing access to fresh food, and buying foods from local farms is good for the environment.[19] Farms and other agricultural lands are already suffering land loss to development, and commercial solar should not produce additional land loss (for more information on developmental effects on agricultural areas, see our brief Cost of Services Studies for All Developments in Agricultural Areas).

EXAMPLES

Linn County, IA

Linn County’s Development Code requires solar developers to grow native grasses and wildflowers under solar panels and around the entire project as a buffer zone.[20] The developer should seek a professional recommendation to determine which grass and plants to seed, and cannot use insecticides.[21] Any decommissioned solar projects must be restored to pre-construction quality, which includes revegetating the soil with native crops and seeds.[22] The purpose behind these requirements is to promote solar energy in a way that encourages the “long-term viability of agriculture” and to “protect and conserve natural resources.”[23]

To view these provisions see Linn County, IA, Unified Development Code §107-117(h)(5)(c); Linn County, IW Unified Development Code §107.2(1).

Frederick County, MD

Frederick County recognizes both the benefits and adverse effects of commercial solar development on agricultural lands. The County approves and licenses commercial solar facilities on farmlands in “Floating Zone Districts.”[24] Essentially, the solar project must adhere to the County’s required land use laws in order for the developer to construct their solar project in an agricultural zone within their newly approved Floating Zone District.[25] The Floating Zone District approval process includes size, location, setbacks, aesthetics, buffer zones, public hearings, registration with local fire and rescue services, and satisfaction of other local ordinances.[26] For example, the project cannot be “located on prime farmland soils as identified in the USA Soil Survey for Frederick County.”[27] Also, only 10 percent of the project site can be tillable, and there must be a 25-foot buffer zone which can be formed with berms or evergreens.[28]

To view the provision see Frederick County, MD, Code of Ordinances §1-19-10.700.

Farmington, NY

Farmington, New York, is a small town outside Rochester and is home to about 11,000 people.[29] Its zoning ordinance includes numerous requirements for constructing large-scale solar developments that protect agricultural land. For example, the solar developer must use or build access roads “in the nonagricultural portions of the site” that cannot be wider than 20 feet.[30] Aboveground interconnection cables and transmission lines must also be on nonagricultural land.[31] Any agricultural areas that are disturbed during construction must be restored to preconstruction conditions.[32] By requiring certain aspects of a solar development to take place on nonagricultural land, it preserves the agricultural land for farming purposes.

To view the provision see Farmington, NY, Zoning Code §165-65.3(F)(1)(b).

ADDITIONAL EXAMPLES

Kochville Township, MI, Code of Ordinances §156.02(D) (permitting large solar energy facilities only in particular districts to minimize adverse effects on agriculture).

Tazewell County, IL, Code of Ordinances §156.06(B)(3)(a) (requiring potential commercial solar developers to maintain “an acceptable pollinator friendly plan” throughout the entirety of the project).

Findlay, OH, Codified Ordinances §1161.14.11(G)(3)(a) (requiring large solar developments to be on land that is “generally unsuitable for agricultural purposes”).

ADDITIONAL RESOURCES

Dave Gahl, How Community Solar Supports American Farmers, Solar Energy Industries Association, (Feb. 2020) https://perma.cc/D95P-D3JW.

New York State Department of Agriculture and Markets, Guidelines for Agricultural Mitigation for Solar Energy Projects, https://perma.cc/7YX5-U9FY (last revised on Jan. 18, 2017).

American Planning Association, Planning and Zoning for Solar Energy, (2011) https://perma.cc/456W-KSBG.

Farmland Solar Policy Project: Balancing Solar Development with Farmland Preservation, Farm and Energy Initiative, https://perma.cc/TLW9-8UYH (last visited Aug. 19, 2020).