Commissioners approve MALPF matching funds amid lengthy debate over new solar law and preservation limits

Queen Anne's County Commissioners approved county contributions to the Maryland Agricultural Land Preservation Foundation (MALPF) matching-funds program on April 22, 2025, while devoting much of the meeting to concerns about a new state solar law that limits utility-scale solar in priority preservation areas to 5 percent.

The commissioners voted to apply $673,689 of ag transfer tax and $166,921 of personal property tax associated with solar, and added a proposed $492,723 in general funds to the county's MALPF submittal. County staff said including the additional general-fund contribution raises the county submittal total to $4,009,901 and, if approved by the state, would generate additional state matching funds. “If you put in the extra, you'll get an extra $739,000 from the state,” said Donna Smith, county staff member, summarizing the expected match and the effect on how many farms could be preserved.

Why it matters

MALPF matching funds are the primary state program for purchasing agricultural conservation easements; county contributions determine how many easements the county can place in a given funding round. Commissioners and staff framed the vote as part of an effort to preserve farmland and limit the acreage available for commercial solar development under the new state rule.

Details of the vote and program

The motion to allocate the ag transfer tax and personal-property tax proceeds, plus the additional general-fund contribution, passed after a roll call of voices and the chair declaring the motion carried. The record shows the motion was moved and seconded on the floor; no single mover/second was identified in the public record of the meeting.

Officials and staff highlighted local acreage and preservation statistics during debate. “To clarify…our entire county is 238,000 acres. Our priority preservation area is 88 percent of our county, which is roughly about 200,000 acres. Right now, we've got 93,000 acres preserved,” Donna Smith said, explaining how the 5 percent cap in the state law would be applied to the county’s remaining, non-preserved acreage.

Solar law, the 5 percent cap and county concerns

Much of the discussion that followed centered on how the state’s solar legislation will be interpreted and applied. Several commissioners and outside speakers said the bill’s 5 percent limit applies to the county’s priority preservation area (PPA) and that preserved easements are excluded from that calculation, which materially reduces the acreage available for new utility-scale solar projects.

Bruce Beriano, who identified himself as a registered lobbyist and government-relations specialist for the county, described the session in Annapolis and the outcome as a partial check on preemption. “It’s limited to 5 percent of the county, 5 percent of the preserve…that was a very hard-fought amendment,” he said, calling the result preferable to the absence of any limit.

County staff and commissioners raised additional policy concerns noted during the Annapolis session: the possible use of preserved lands in PPA calculations; the effect of solar leases on farmland class soils; the prospect that subsidies and market payments to landowners could outbid other uses; and whether local authorities or the Public Service Commission (PSC) would have overriding authority on certain solar approvals. Staff said they had asked state MALPF officials for clarification and expected follow-up.

Clarifying figures and short-term effects

Staff provided several numerical clarifications during the discussion: the county’s total acreage (238,000 acres), the PPA’s share of county acreage (about 88 percent, roughly 200,000 acres), and total preserved acres (about 93,000). At the meeting staff estimated that, after excluding preserved acreage, the county’s 5 percent allowance under the state law would equate to roughly 5,000 acres available for new solar development within the PPA.

Commissioners and staff also discussed translation of the approved county contribution into preserved farms: without the additional general-fund boost the county contribution would support five MALPF offers; with the added $492,723 the county would expect to support seven offers, including a 282-acre property that otherwise would be excluded.

Next steps and follow-up

Commissioners asked staff to compile and return more detailed maps and acreage counts, including properties adjacent to transmission lines; staff agreed to provide those figures. County staff also said they would continue to press the state for written clarifications on how preserved easements are counted toward the 5 percent limit and on how the PSC’s authority interacts with county planning decisions.

The county’s approved MALPF submittal and the state’s guidance on the solar law will determine how many easements can be offered in the next round and how much of the county’s farmland remains available for potential solar siting.

Ending

The motion to approve the MALPF contribution and the supplemental general-fund amount carried; staff said they would return with more detailed acreage calculations and any written guidance from MALPF or the state regarding the solar law.