Staff: DEQ memo treating panels as impervious could make large solar projects difficult

Planning staff told commissioners the Department of Environmental Quality's March memorandum changes how the agency views ground-mounted solar arrays for stormwater regulation. "So any project that didn't have an interconnection approval by a regional transmission organization or electric utility by 12/31/2024 must comply with requirements of the March 22 memorandum," Mr. Richardson said, summarizing the practical effect.

Richardson explained the memo means applicants will be asked to treat panels like impervious surfaces: they will need plans for runoff quantity and water quality, and in practice many projects may be required to buy nutrient (phosphorus) credits or install treatment controls. "So it's gonna make it very, very difficult, if these regulations stay in place for people to construct any size projects..." he warned, adding that DEQ approvals typically occur before county permitting.

Commissioners responded that local ordinance language should be drafted to align with DEQ requirements and that the county should require applicants to submit DEQ approvals and engineer-certified documentation as part of the county permit process. The Commission directed staff to reference the DEQ memorandum in the marked-up draft and to clarify which technical standards (slope, runoff calculations) will be deferred to DEQ review.