County planning staff told the Kent County Planning Commission the final version of the county’s land-use ordinance and zoning-text map is expected to be introduced at the county commissioners’ meeting on May 6 and that the text incorporates state-required changes, corrections and other updates.

Staff said the package includes mandatory adjustments requested by the Critical Area Commission, language responding to the governor’s 2024 housing initiative and provisions required by recently enacted 2025 solar legislation. The materials will proceed through the county’s 90-day legislative process; staff said the ordinance and map are intended to go into effect on the same day.

Why it matters: The update implements state-mandated changes and will set the county’s zoning rules going forward. Commissioners asked how the new solar law will affect the county’s ability to require landscaping or other site-specific conditions for solar projects. Staff cautioned that some elements of the state law preempt local controls and could render locally stricter rules unenforceable.

Details from staff briefing

A county staff presenter told the commission that most of the changes are not optional and stem from state requirements. The briefing summarized three categories of changes: critical-area edits negotiated with the Critical Area Commission, statutory changes tied to the governor’s housing initiative that adjust definitions and standards, and requirements created by the 2025 solar legislation.

On solar, staff described state-mandated minimum standards in the new law: a required setback from a project boundary (the staff cited a 100-foot baseline setback that can be reduced under specified conditions) and a required landscape buffer (the law caps buffer width at 35 feet but requires that a buffer be provided). The presenter said the law also prevents requiring certain forms of fencing or firming that local ordinances previously could mandate.

Commissioner concerns and regulatory limits

Several commissioners said they wanted stronger local controls for siting and screening solar projects. Staff and the county attorney explained that if the county were to adopt more stringent regulations than those in state law, developers or other parties could claim local rules are preempted; staff said legal challenges would likely favor the state standards.

Staff noted one recent exception: where the Public Service Commission (PSC) approved a specific project, the PSC had required the developer to comply with the county ordinance as a condition of the PSC approval. Staff said that order resulted in the county standards being applied to that project despite the general preemption in the new law.

Next steps and public process

Staff said the ordinance and map will be filed and then subject to the county’s legislative review; once adopted, the updated land-use ordinance and zoning map will be the effective law of the county. Commissioners asked for a copy of the draft solar-related language and staff agreed to provide it. The county will continue to monitor state implementation and PSC decisions that may affect how county standards are applied in particular cases.