Garrett County BZA approves two Nexamp community-solar projects with screening, wetland buffers and construction conditions

The Deep Creek Watershed Board of Zoning Appeals approved two linked community-solar special exceptions from Nexamp after extensive testimony from the developer, landowners and nearby residents about wetlands, screening and winter access.

Nexamp’s land-use counsel, Ben Wexler, told the board that special exceptions are "presumptively compatible" under the zoning standard and that the developer’s burden is to show the projects meet the special-exception criteria. Developer Claire Dockman described Nexamp’s experience operating community-solar projects in Maryland and said both sites are designed to avoid sensitive natural areas, use existing vegetation for screening where possible, and include standard sediment and stormwater controls during construction. Dockman also noted each site is temporary under land-lease agreements (initial 20-year lease with options to extend).

Engineer Nick Lefter walked the board through both layouts: access drives using existing farm lanes, a proposed 8-foot perimeter fence, a temporary construction laydown area and single-axis tracker panels. He said panels were labeled up to 20 feet on the plan to remain under zoning limits, but typical tracker heights are generally 10–15 feet above grade. The developer sized the projects to meet local zoning limits (each south site sited at roughly 2 megawatts under the county cap) and said Potomac Edison’s initial review indicated no new poles along Rock Lodge Road would be required—reconductoring could occur but major new above-ground work on the roadside was not expected.

Several neighbors submitted written objections and in-person comments raising repeated concerns about nearby wetlands and protected-species areas, possible impacts to Cherry Creek and other streams, drainage and erosion, reduced access width and safety on Glades Way, winter snow drifts and property-value effects. A letter from a resident cited the property’s listing in Garrett County mapping as a sensitive-species area and asked how the county’s protective status would be secured before approval. Nexamp representatives said wetland delineations and buffers are included in the site plans, that they had engaged DNR (which reduced a 100-foot buffer in one area to a 25-foot regulated buffer based on the DNR review), and that any impacts to wetlands would require state permitting and mitigation via MDE/SCD review.

Board members pressed the developer on two operational concerns: whether the south site required additional vegetative screening (developer said the site already has dense, mature evergreen plantings on the western edge and proposed no additional planting for the south project) and whether the north site needed added screening along the road. For the north site the developer proposed planted evergreen buffers and a staggered row of shrubs and understory trees; board members were concerned that certain landscape placements could create snow-drift issues on Glades Way during winter storms. The developer agreed to relocate and tighten the landscape buffer to avoid creating a snow-drift hazard and to place permanent screening as close to the interior (fence) side of the project as practicable once construction laydown areas are removed.

Votes and conditions: The board approved special exception 5-12 (Rock Lodge South) with conditions including sediment-control measures during construction, adherence to wetland and stream buffers delineated on the site plan, and verification of utility interconnection requirements; that motion passed 4–1. For special exception 5-13 (Rock Lodge North) the board approved with conditions that the landscape buffer be planted and maintained for the life of the project, sited as close as feasible to the project fence (to reduce potential snow-drift effects on the public right-of-way), and that developer implement standard sediment-control and stormwater measures; that motion also passed 4–1. The board noted that county staff and state agencies (MDE, DNR) retain jurisdiction over wetlands, protected-species reviews and any required permits.

Next steps: Nexamp must finalize construction plans, submit required permits to MDE/DNR for any wetland or stream impacts, comply with Potomac Edison interconnection requirements and implement the agreed screening and construction controls. The board’s written decisions will list the full set of conditions and the developer must demonstrate required permits before full operation.