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Residents urge county moratorium on large solar farms; commissioners cite state preemption but pledge code review
Summary
A resident urged Allegany County to impose a temporary moratorium and strengthen local solar ordinances to protect farmland, require decommissioning bonds and clarify permitting; county counsel said a 2019 court case and recent state law limit local siting authority but staff will explore options and participate in upcoming hearings.
A public commenter urged the Allegany County commissioners to adopt a temporary moratorium on large-scale solar projects while the county updates ambiguous zoning language and adds protections such as setback rules, farmland safeguards and decommissioning bonds.
"Counties still shape where projects can go and how they look," Kit Pepper said, arguing that other Maryland counties had updated their codes in 2023–24 and that Allegany County's regulations had not been substantially revised since 2017. Pepper recommended a 6–12 month moratorium to allow the county to revise standards and avoid inconsistent or ambiguous enforcement.
County counsel and commissioners acknowledged ambiguity in the county code and described legal constraints: counsel referenced the 2019 Perennial Solar v. Washington County case and noted the legislature's action in Senate Bill 931, saying the state now sets siting standards that can preempt local zoning if projects meet those standards. Staff said they have submitted opposition for at least one proposed project (Homesteader Curve) and will participate in the county hearing scheduled in May. Commissioners said they would explore whether local measures—such as bonding requirements used for wind projects—could be applied to solar where legally permissible.
No formal vote or moratorium was taken; commissioners agreed to continue review and to exercise available local input at state hearings.
