Maryland looks to preserve more than 1,100 acres to protect against development and solar farms

BALTIMORE — Harford County is moving to preserve 1,110 acres of agricultural land to meet its goal of preserving 75,000 acres by 2040 as solar farms pose mounting pressure for land use across the state.

The 1,110 acres for preservation are outlined in 19 resolutions introduced to the Harford County Council in October. If all are passed, Harford County could pay as much as $7,128,116 to property owners to preserve land in Havre de Grace, Bel Air, Jarrettsville, Aberdeen, White Hall, Darlington, Whiteford and Street.

Per the county charter, qualifying landowners can apply to have their land preserved through the county's Agricultural Preservation Program that has preserved more than 64,000 acres in Harford thus far. The program eliminates all development rights for each property and secures its use for agricultural purposes only.

During a public hearing for the resolutions Tuesday, the county's director of planning and zoning, Shane Grimm, said land preservation is an effective way to protect greenspace from not only housing and development, but the rapidly growing popularity of solar farms.

"One of the most important things we are dealing with now is the onslaught of solar farms that are trying to come in all across the state — particularly in Harford County," Grimm said. "By preserving these properties, it makes it exponentially harder for them to get those properties for solar development."

In recent years, solar farms — areas of agricultural land occupied by solar panels — have become a popular alternative for landowners to earn a higher income off their land through means outside of farming.

Solar farms called Community Solar Energy Generating Systems, introduced by the General Assembly in Maryland through a pilot program in 2015, are growing in popularity.

The law states that property owners — not electric companies — can build community solar energy generating systems on their property as long as the property is simultaneously being used for solar power and a farming activity recognized by the Department of Agriculture as agricultural.

Each system is connected to the electrical distribution grid serving the state. Electric companies then use the energy generated by the systems to offset purchases from wholesale electricity suppliers — providing income to the project property owners and allowing energy providers to reduce consumer costs.

Per state legislation, community solar systems cannot exceed five megawatts and at least 40% of the energy output must serve low- to moderate-income subscribers.

House Bill 908, passed last year, made the state's pilot solar program permanent and removed a statewide megawatt cap of 418 megawatts to allow for unlimited statewide community solar energy generation — leading to an increase statewide in Community Solar Energy Generating Systems.

Maryland is one of 19 states and Washington, D.C., to allow community solar projects. Currently, New York leads the country in community solar with more than 1,940 megawatts in operation.

Four Community Solar Energy Generating Systems are moving through Harford County's development process with two of the four having already received site plan approval.

A growing concern among land use officials in Harford County is that the General Assembly will strip counties of their oversight of community solar systems as local governments cannot regulate solar farms larger than the community solar projects outlined in state legislation.

Solar projects in the state have been controversial, with projects in Carroll County receiving pushback from local leaders and residents. In July 2023, Carroll County commissioners adopted an ordinance that prohibits solar-generating facilities on farmland. The ordinance allows for the construction of solar facilities on land zoned for commercial and industrial use.

Harford Councilman and Maryland Association of Counties representative Aaron Penman said Tuesday during the public hearing that one of the four main priorities of MACo is getting a handle on solar farms.

He said he spoke with a farmer who said he receives roughly $200 per acre of land that he rents for farming per year. Penman called solar developers "aggressive" as he said they are offering farmers as much as $7,000 per acre, per year with a 2.5% escalator — making solar farms a financially viable option for landowners.

"That, for anyone, is very hard to turn down so we have to have some sort of plan in place to stop these from happening," Penman said.

To further encourage Harford land owners to preserve their land, Harford County created a bonus system for property owners that grants an additional $1,000 to $3,000 per acre to property owners preserving lands in sought-after development areas.

However, as the county moves to increase its incentives for property owners to combat solar farms, county officials are also evaluating potential incentives for solar developers to build on land that is already developed rather than agricultural land.

"What we would like to do is look at incentivizing the use of solar in redevelopment areas, for example, large buildings which have rooftops that aren't being used for anything and parking lots," Grimm said.

Kristin Kirkwood, the executive director of the Harford Land Trust — the county's only non-government organization dedicated to land conservation — said Tuesday that the land trust supports the resolutions as land preservation is something all county residents agree on.

"Land preservation is the only permanent way to restrict what would otherwise be never-ending sprawl," Kirkwood said. "The natural beauty of Harford County, the working lands that sustain us, and our beloved public spaces and rural landscapes that anchor our traditions are treasures that transcend politics and resonate with anyone who is lucky enough to call Harford County their home."

The Harford County Council will vote on the 19 agricultural preservation resolutions during a future meeting that has not been determined at this time.