Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Solar BESS Zoning topic
No spam. Unsubscribe anytime.
Caroline County holds first reading on solar and battery storage zoning changes required by state law
Summary
Planning staff presented first‑reading amendments to Caroline County’s zoning ordinance to comply with July 1, 2026 state requirements: allow solar facilities ≥1 MW by special use permit and permit battery energy storage systems (BESS) as accessory by‑right; the Board identified fire safety and emergency response cost as key concerns and referred the ordinance to the Planning Commission for public hearing.
Caroline County planning staff presented first‑reading amendments to the county Zoning Ordinance on June 9 to implement state law changes effective July 1, 2026 that govern utility‑scale solar facilities and associated battery energy storage systems (BESS).
Planning & Community Development Director Leon Hughes and County Attorney Chris Mackenzie outlined the statutory framework: localities must allow applications for solar facilities of 1 megawatt or more by special use permit in agricultural, business, industrial and mixed‑use zones; any approved solar facility must allow BESS as an accessory by‑right, capped at the solar facility’s megawatt limit; and local boards retain discretion to approve or deny applications under 12 prescribed criteria (setbacks, screening, stormwater, decommissioning, etc.). The presenters stressed that counties cannot adopt ordinances more restrictive than the state’s 12 criteria.
Board members and staff identified several local concerns, including fire safety related to BESS, the potential cost implications for emergency response, how previously approved minor solar projects would be treated, and whether landowners could use private leases to exclude battery storage. The Board directed staff to send the item to the Planning Commission for public hearing; the item is expected to return to the Board on June 23.
Separately, the Board conducted required reviews of two previous minor solar special exceptions (SPEX‑07‑2021 Muskie Solar, LLC, and SPEX‑08‑2021 Shad Solar). Neither project had commenced construction or pulled permits; under the county’s ordinance permits may be voided for failure to commence. The Board deferred to the Zoning Administrator to issue a formal determination on permit status.
