Solar developers take aim at Maine farmland protection rule

A new rule to limit solar arrays on farmland in Maine is attracting critics that claim it will delay the state’s clean energy transition and hurt struggling farmers.

Under regulations drafted by the Maine Department of Agriculture, Conservation and Forestry, developers would have to assess if their project was on high value agricultural soil . They would then need to pay compensation to offset the cost of losing access to the land.

The rule, directed by a 2023 state law , intends to direct new solar and other clean energy development away from dwindling farmland. The rule would impact about 13 percent of the state’s land, the department estimates.

But critics told officials at a public hearing Monday that the rule unfairly targets the solar power industry and could hobble clean energy development needed to meet the state’s greenhouse gas reduction goals.

READ MORE COVERAGE

Maine wants your opinion on protecting farmland from solar farms

Solar companies in Maine already struggle to get projects up and running, and new restrictions could make the issue worse, said Chris Byers, owner of developer Branch Renewable Energy.

“I’m afraid this is going to result not only in a loss of solar opportunity, but ultimately a loss of Maine ratepayers to save money,” Byers said.

It was perplexing, Byers added, that the regulations specifically targeted solar panels, not housing or other development that would also disrupt valuable land.

Critics said discouraging development on farmland would significantly narrow the suitable land for solar energy production.

The rule could also hurt farmers who regard solar as a lifeline to avoid financial collapse, according to advocates at the meeting.

Making the process harder and more expensive could actually put working farms at risk, said Julie Ann Smith from the Maine Farmers Coalition. It didn’t seem like the rule was designed to help for farmers and landowners, she added.

“We have seen the loss of 7 percent of the farms in the state of Maine in the last five years alone and most of that is due to a lack of profitability,” Smith said. “So there also needs to be a consideration; if this solar project is going to save this farm instead of becoming housing, that should be included in those calculations.”

Supporters of the new rule, however, argue it offers flexibility for energy companies while protecting a finite amount of productive land.

State Rep. Bill Pluecker, an independent from Warren, told officials the rule was a fair way to keep farms viable.

“So finding that balance so that farms stay in business, the land stays open stays in production but also we find the energy we need is at the core of what we’re doing,” Pleucker said.

The department will accept comments on the proposed rule until Aug. 29. Unless the department decides to make significant changes, the rule could go into effect in September, a department spokesperson said.

This article appears through a media partnership with Maine Public .