Kent County approves comment letters for two solar projects as state law changes open preserved land to development

Planning staff asked commissioners to sign comment letters on environmental review documents for two proposed utility-scale solar projects and to request donations to the county's agricultural preservation program as a condition. The board approved the letters by voice vote.

Staff described the American Kestrel Solar Project, a proposed roughly 5-megawatt facility on about 39 acres at Hoagland Farm near Fairlee (agricultural zoning), and said the planning office is requesting a calculated agricultural-value donation of about $44,000 to fund future easement purchases. A second proposal, the Crestos Farm project near Lynch, is a proposed roughly 4-megawatt facility on about 31 acres with an estimated $40,000 donation request.

Planning staff noted a new state law effective in July that allows up to 5 percent of a county's priority preservation area to be used for solar. "It currently stands at 5% of the county's priority preservation area," planning staff said, and noted Kent County had designated a broad priority preservation area in 2012 that covers much of the county's resource lands. Staff flagged that local zoning (AZD) previously limited utility-scale systems to 5 acres but that the state rule can override that local restriction.

Commissioners debated the balance between preserving agricultural land and permitting renewable-energy projects. Planning staff said the county can still file petitions to intervene in the CPCN process and will document zoning and comprehensive-plan consistency in the comment letters. Commissioners approved both letters and asked staff to continue monitoring state legislative proposals that could change the preservation-area calculation.

The approvals were procedural: the board authorized submission of the comment letters and the requested donation amounts will be pursued as part of the regulatory review rather than enacted by the county at this meeting.