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Board hears updates on MALPF funding, community solar donations and pending land‑use ordinance rewrite
Summary
County staff updated the Kent County Agricultural Land Preservation Board on MALPF funding timing, limited county matching funds, a voluntary community-solar donation approach using the Mauss formula, and a pending comprehensive land‑use ordinance rewrite.
County staff reported that the Maryland Agricultural Land Preservation Foundation (MALPF) is operating on a two-year funding cycle and that the state budget included funds for fiscal year 2026. Staff stated that the program expects roughly $33,000,000 in total over the two-year period, and that offers will be made in FY 2026 by combining FY 2025 and FY 2026 funds.
Carla told the board Kent County currently has about $18,000 in retained agricultural transfer tax available to contribute as matching funds for easement offers, noting the county collects little of that tax because relatively few parcels convert out of agricultural use.
On community solar, staff said county response letters to solar developers have begun requesting voluntary donations to the county’s agricultural preservation program. The donation amount is being calculated using the Mauss formula for agricultural value: staff apply the formula to the acreage that would be taken out of production and request an equivalent donation. Staff said several companies have agreed in principle to the request, though no donation receipts were reported during the meeting.
Board members also raised taxation and zoning questions for utility-scale solar. Staff said equipment improvements may be taxed at commercial rates while the land’s tax treatment depends on use and is unsettled locally. Staff noted that zoning need not be changed for tax status to differ; taxation is primarily tied to how the land is used. The board discussed examples, including future grazing of sheep under solar panels, as part of how companies might characterize use.
Finally, staff said the county’s comprehensive land‑use ordinance rewrite — a multi‑year project — is moving toward completion. Text amendments required by the Critical Area Commission were to be submitted for introduction the following week, with a new zoning map and land‑use ordinance expected to become effective in the coming month. Staff told the board the rewrite has been in progress for about five years and the materials have been reorganized.
No formal votes were taken on these informational items.
