Public Hearing for Upcoming Rulemaking for Solar on High-Value Agricultural Land

In 2023, the Maine Legislature passed LD 1881 (P.L. 2023, Chapter 448) – An Act Regarding Compensation Fees and Related Conservation Efforts to Protect Soils and Wildlife and Fisheries Habitat from Solar and Wind Energy Development and High-impact Electric Transmission Lines Under the Site Location of Development Laws.

Pursuant to this new law, the Department of Agriculture, Conservation and Forestry (DACF) is directed to adopt routine technical rules regarding solar energy permitting definitions, administration, standards, delegation of authority, and enforcement. As part of its rulemaking effort, DACF must:

• Define high-value agricultural land;
• Define dual-use agricultural and solar production;
• Establish tiers of high-value agricultural land with variable compensation amounts to be administered by DEP;
• Establish rules to define the administrative process for permitting;
• Develop standards for dual-use solar;
• Establish standards and conditions for delegating permitting authority to the Land Use Planning Commission (LUPC) and municipalities; and
• Establish permit program enforcement parameters.

DACF seeks input from the public regarding these draft rules and will review all input before final rule adoption. A public hearing is scheduled for Monday, August 19, 2024, at 9:00 AM in room 101 of the Deering Building at 90 Blossom Lane in Augusta and via Microsoft Teams. This hearing will allow interested parties to provide public comment regarding the draft rule. The proposed rule, background information, and additional meeting details will be posted at: https://www.maine.gov/dacf/about/calendar/meeting.shtml?id=12902382.

Written comments regarding this rulemaking must be submitted by August 29, 2024, at 11:59 PM. If you need additional information, please call (207) 287-3491 or email at caitlyn.cooper@maine.gov.

Thank you for your input.