On May 25, 2021, a joint committee hearing on utility scale solar development was hosted by Pennsylvania’s Agriculture and Rural Affairs and Local Government Committees. [Read more here]
Senator Elder Vogel, of Rochester Pa stated, “It appears Pennsylvania is potentially on the cusp of a boom for renewable energy. “Thus, it is vital that the legislature explore all aspects to ensure we’re appropriately prepared at the state and local levels of government.”
Solar growth is outpacing other renewable energy generation sources in Pennsylvania, but local governments may not be prepared to handle these new projects.
A review of the state’s local zoning ordinances by Penn State University’s Dickinson Law School found that 87 percent of zoning codes provide no guidance on solar developments, said Mohamed Rali Badissy, assistant professor of law at Dickinson.
His research uncovered the fact that only 13 percent of zoning codes in the state addressed solar energy and that was mostly residential solar energy systems. Only 5 percent had any guidance for utility-scale solar energy systems.
“The lack of regulation might seem like a good thing for developers who don’t want to deal with red tape.” “But it can actually be a liability and a disincentive,” Badissy said. “The lack of clear regulation is also a significant commercial risk for project developers since they do not know what to expect when seeking a conditional use permit for their utility-scale project.”
With the big push for renewable energy, solar farm developers are looking for forested land because there are plenty of privately held large tracts available across Pennsylvania and it is cheaper than cleared land.
They also can sell the timber cut on the land. All through 2020 and 2021, forest owners in Pennsylvania have been, and will continue to be, inundated with lucrative lease offers from solar developers.
The Anthracite and Bituminous regions of the state still have huge tracts of mineland surface that can be used. Some counties in the PA Wilds have active proposals for solar fields going on old strip mine lands. It is an excellent use of ground.
In January of this year, the Clinton County Zoning Hearing Board held a special exception hearing for a 1,500-2,000-acre utility grade solar power installation in West Keating Township proposed by Apex Clean Energy of Virginia.
According to Clinton County Planner Katie DeSilva, this hearing was needed since the county did not have a solar ordinance in place at that time. The land selected for the project was zoned as rural forest and clear-cutting of the site had begun at the end of 2019.
Since the land was already timbered, the zoning hearing board felt the solar project was a good follow-up use.
The proposed solar farm will take two years to construct and will create 100 jobs for the first year or two. After the construction is complete there will be two full-time employees.
The Director stated, “Here in Clinton County, as in other PA Counties, we want to have solar projects, but we just want to be sure that developers are mindful of the impacts of clearcutting and other environmental issues”.
Director DeSilva said that she and her staff thoroughly researched an amendment to the County zoning ordinance covering Utility Scale Solar installations.
“Planning a solar amendment has been a learning experience”, said DeSilva. “Our new solar amendment should be finalized in the next few weeks.” DeSilva went on to say, “I have some cautionary points for landowners and county planners.”
“First, some solar farm developers may construct a project only to turn it over to another owner who may not honor the provisions of the original land development agreements. DeSilva stressed, “It is important that the contract have wording stating that the maintenance plan and site remediation provisions will be passed down to future owners.”
Second, farmers across the Commonwealth are being approached with land lease offers.
“You can’t restrict, by zoning, a farmer who may have an extra 100 acres of cleared land from leasing it to leave a legacy for his family, but we should be mindful of the net cost to agricultural production.” “Landowners and planners need to be aware of all the contractual pitfalls and environmental ramifications.”
DeSilva said that “our new ordinance will give covered municipalities and townships the ability to comment prior to a hearing and project approval.” “We added wording requiring 50 ft buffer strips to project our roadways and streams.”
Another point DeSilva made was that utility grade solar projects are considered industrial uses.
She said, “the longevity of a solar lease is 26 years.” “After 26 years when solar panels could be removed, it will be hard to make the case that that tract is not still industrial.
“Who is to say that another company would not buy the property for an even more intensive industrial use?” “Municipalities need to be aware that this change in use is likely permanent.”
DeSilva said, “Personally I think we should be emphasizing accessory solar panel projects --- having solar projects in parking lots, strip mines, or brownfields, that are already impacted by development.”
“Pennsylvania wants 30 percent solar power by 2030.” “To get this you would need 80,000 acres of panels.” “If you take out that much forest or farmland in Pennsylvania it will have a huge impact on our environment.” “Solar projects are the future—but they need to be done carefully.
Janzen Schroeder Ag Law LLC, Indianapolis Indiana, has identified the following issues in creating environmentally sound solar ordinances--
-- Setbacks. How far back from property lines should solar equipment be located? How far from a school, residence, or other public use? Solar facilities do not present the same noise concerns a wind turbine might, but the panels are visible, and the associated equipment may create some background noise.
-- Pollinators. There is a global movement to plant native flowers under and around solar facilities. The flowers can be used to create an attractive habitat to pollinators like bees and butterflies without shading the solar panels. Local governments could consider requiring a solar company to plan and maintain pollinator-friendly habitats as part of the overall landscaping of a solar farm. These plants provide other benefits too, like reduced erosion, improved soil health, and cooler microclimates under the panels.
-- Permitted Uses. Solar should be added as a permitted use in appropriate agricultural zones. This way a solar farm would not require a special exception hearing as long as it complied with the general district requirements. If a special exception is needed, the definitions should be clear, and the requirements should be objective (not subjective). Considerations for a special exception might include soil grading, stormwater management, requirement of a removal bond, and appropriate setbacks. Considerations for watershed management/agreements also need to be addressed.
-- Definitions. The zoning code should include concise definitions for solar facilities and equipment that allows for future technological developments. It should include passive and active systems. Counties should include storage in the definition to accommodate future growth in battery storage technology.
-- Visibility. Solar facilities in rural parts of the state should be subject to different rules than those developed inside city limits. A solar farm built on an old corn field should not have to meet the same requirements as the panels installed on top of a residential garage. Barriers such as shelter belts or screening vegetation may be required, but only if they won’t cast a shadow on the solar collecting panels.
County assessors should determine how changing tax assessments will be handled. Properties currently assessed as farmland might look very different once all the solar equipment is installed.
Considerations for watershed management such as stormwater also need to be addressed.
The right zoning code can reduce costs, increase neighbor harmony, beautify the area, and ensure orderly development.
Kathy Cook, Environmental Policy Director, League of Women Voters PA, or send an email to: environmentalpolicy@palwv.org or call 484-879-4154.
(Photo: Penn State Solar Farm in Franklin County.)
Related Articles:
-- Coalition Of Business, Citizen, Environmental Groups Support Increasing PA's Solar Energy Goals
-- Guest Essay: Farms And Forests Are Short-Sighted Locations For Solar Energy Projects
[Posted: November 15, 2021] PA Environment Digest
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