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County sends critique, requests $102,500 agricultural-donation for proposed Kennedyville solar project

2592287 · March 12, 2025
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Summary

Planners recommended corrections to a CPCN application for a proposed 5 MW utility-scale solar project near Kennedyville and requested a $102,500 donation to the county's Agricultural Preservation Fund; commissioners approved the draft response letter.

Mark Harper, associate planner, presented a preliminary county response March 11 to a CPCN application (applicant listed as TPE MD KE 77) for a proposed utility-scale solar energy system near Kennedyville.

Harper said the application covers a 304-acre parcel at 12721 Bloomfield Road, with about 77 acres proposed for the solar facility. He noted that the parcel is zoned AZD and under county rules the AZD limits utility-scale solar to 5 acres by special exception; larger facilities require County and state processes. Harper said several elements of the applicant's Environmental Review Document (ERD) and concept plan require correction before final submission to the Public Service Commission.

Among the county's recommendations are revising the landscape buffer to meet ordinance requirements, addressing screening and visual intrusiveness, clarifying overhead wiring and setback compliance, resolving inconsistencies in the ERD, and including a citizen participation plan and conceptual stormwater control plan. Harper also noted the parcel sits within a Priority Preservation Area (PPA) and recommended the applicant donate $102,500 to the Kent County Agricultural Preservation Fund based on the Maryland Agricultural Land Preservation Foundation valuation formula in COMAR.

Commissioners discussed state preemption issues and noted that even if the state process can preempt local zoning, the county retains influence over design and mitigation measures. The commission voted to approve transmitting the county's draft preliminary report/letter to the Public Service Commission and applicant as presented.

Ending: The county will transmit the letter, monitor the Public Service Commission docket and follow up on the applicant's revisions and any required special-exception filings.