Carroll County refers local solar and energy-storage code changes after state passes Renewable Energy Certainty Act

Carroll County commissioners voted May 1 to send proposed changes to local zoning and site-design rules for solar energy generation and utility-scale energy storage devices to the county Planning and Zoning Commission for review.

The referral follows passage of a state law the county described as the "State Renewable Energy Certainty Act" (Senate Bill 931 / House Bill 1036), which takes effect July 1 and sets new limits on local prohibitions and requirements for certain solar projects and energy-storage facilities. County staff told commissioners the law preempts several elements of existing county code and creates new statewide categories and requirements for projects between 1 and 5 megawatts and for front-of-the-meter battery facilities.

County planning staff said the law prevents counties from prohibiting solar projects sized between 1 and 5 megawatts in certain zoning districts and establishes the concept of "community solar" for that size range. For projects larger than 5 megawatts the statute allows some local prohibitions (for example, in certain residential zones or in protected preservation areas once a 5% acreage threshold is reached) but also prescribes statewide minimums for setbacks, fencing, and screening. The statute also requires the state Power Plant Research Program to develop site-design conditions for a streamlined Distributed Generation Certificate of Public Convenience and Necessity (DG CPCN) process for some projects.

"We need to revisit our code so we remain in compliance while protecting public safety and the county's land-use goals," the county presenter said, explaining staff will ask the Planning and Zoning Commission to recommend specific text amendments for three areas: allowable zoning districts, site-design requirements, and a new use category for energy-storage devices. Commissioners voted to refer those topics for commission discussion and recommendation.

Why it matters: county staff said the law will reduce local discretion for some project elements, require code changes (for example revising current 400-foot setbacks to match new state minimums), and create a new state-defined permitting track for distributed-generation projects sized 2–5 megawatts. The county also flagged battery energy storage systems as an emerging land‑use issue needing local standards for setbacks, emergency-access, and fire-safety planning.

What staff will do next: staff will draft code amendments and take them to the Planning and Zoning Commission, then return to the board with recommended language, public hearing dates, and an implementation schedule. The board also directed staff to monitor state rulemaking by the Power Plant Research Program and to track the eight existing county projects already in the Certificate of Public Convenience and Necessity (CPCN) pipeline so those in-process projects are not affected by the July 1 effective date.

Commissioners and staff noted fire risk and emergency response as a priority when drafting standards for battery systems. They also discussed whether counties should adopt growth-tier designations used by the state for residential development; staff said adopting tiers solely to regulate solar would be cumbersome while the county is already in the middle of a master-plan update and suggested alternative zoning approaches.

Ending: The board approved the referral by voice vote. Staff said they will bring draft code language and a public‑hearing schedule to the board after the Planning and Zoning Commission completes its review.