1. A. The provisions of this section are applicable to a solar energy generating system in an intensely developed area, a limited development area, and a resource conservation area.

2. B. The area of a solar panel shall not count as lot coverage and:

   1. (1) For a minor solar energy generating system, the solar panel shall be:

      1. (a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or
      2. (b) Elevated above the ground and the area under the solar panel shall be maintained as an area of existing grass, established grass, or other natural vegetation; and

   2. (2) For a major solar energy generating system the solar panel shall be:

      1. (a) Located over existing, legally developed lot coverage as described in Natural Resources Article, §8-1808.3, Annotated Code of Maryland; or

      2. (b) Elevated above the ground and the area under the panel shall be maintained in accordance with the planting plan requirements of Regulation .15-3 of this chapter as:

         1. (i) Pollinator habitat;
         2. (ii) Native vegetation other than pollinator habitat; or
         3. (iii) An agricultural use.

3. C. In accordance with COMAR 27.02.01.01, a State agency shall:

   1. (1) Measure and delineate the buffer in accordance with COMAR 27.01.09.01E(3)—(7);
   2. (2) Unless there is no feasible alternative, limit access through the buffer to the project area; and

   3. (3) When there is no feasible alternative to access through the buffer, locate one point of access through the buffer to the project area, or where a solar energy generating system includes noncontiguous parcels, minimize the number of access points through the buffer and:

      1. (a) Replant at a 2.5:1 ratio for disturbance inside the buffer; and
      2. (b) Submit a buffer management plan in accordance with COMAR 27.01.09.01-3.

4. D. Except when a project area is in an intensely developed area, a State agency shall minimize the clearing of forest and developed woodlands and may not exceed the following standards:

   1. (1) In a limited development area, limit clearing of forest and developed woodlands to 20 percent of the entirety of the forest and developed woodlands in the project area; and
   2. (2) In a resource conservation area, limit clearing of forest and developed woodlands to 10 acres or 20 percent of the entirety of the forest and developed woodlands in the project area, whichever is less.
5. E. A State agency shall replace cleared forest and developed woodlands on an equal area basis.

6. F. For a major solar energy generating system, a State agency shall provide on-site or off-site planting in accordance with the following:

   1. (1) 15 percent of the total project area in a limited development area; and
   2. (2) 20 percent of the total project area in a resource conservation area.
7. G. A State agency shall submit a planting plan for mitigation and on-site or off-site planting in accordance with Regulation .15-3 of this chapter.
8. H. A State agency shall provide stormwater management in accordance with Environment Article, §§4-201—4-215, Annotated Code of Maryland, and COMAR 26.17.02.
9. I. A State agency shall provide a decommissioning plan if one is not otherwise required as a result of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission.
10. J. A State agency shall submit a site plan that includes the information listed on the Solar Energy Generating Facility Site Plan Checklist provided by the Commission to ensure compliance with the requirements of this regulation.

Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808(c), 8-1808.4(a), and 8-1814, Annotated Code of Maryland

Effective date: June 11, 1988 (15:7 Md. R. 852)

COMAR 14.19.05 recodified to COMAR 27.02.05 in August, 1992

Regulation .03B amended effective February 8, 2010 (37:3 Md. R. 177)

Regulation .09B amended effective February 8, 2010 (37:3 Md. R. 177)

Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective October 1, 1993 (20:21 Md. R. 1652); emergency status expired April 1, 1994

Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective June 1, 1994 (21:13 Md. R. 1153); adopted permanently effective October 25, 1994 (21:21 Md. R. 1816)

Regulation .10 amended effective February 8, 2010 (37:3 Md. R. 177)

Regulations .01—.03 repealed and new Regulations .01—.03-3 adopted effective December 22, 2014 (41:25 Md. R. 1487)

Regulation .01A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .02A, D amended effective March 8, 2021 (48:5 Md. R. 218)

Regulation .03B amended January 20, 2025 (52:1 Md. R. 19)

Regulation .03-3E adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .03E amended January 20, 2025 (52:1 Md. R. 19)

Regulation .03-1E amended January 20, 2025 (52:1 Md. R. 19)

Regulation .03-2C amended January 20, 2025 (52:1 Md. R. 19)

Regulation .04 repealed and new Regulation .04 adopted effective February 7, 2022 (49:3 Md. R. 139)

Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 980)

Regulation .04-1 adopted effective February 7, 2022 (49:3 Md. R. 139)

Regulation .04-1B, C amended January 20, 2025 (52:1 Md. R. 19)

Regulation .04-2 adopted effective February 7, 2022 (49:3 Md. R. 139)

Regulation .04-2B amended January 20, 2025 (52:1 Md. R. 19)

Regulation .04-3 adopted effective February 7, 2022 (49:3 Md. R. 139)

Regulation .05 amended effective March 6, 2023 (50:4 Md. R. 123)

Regulation .06 amended January 20, 2025 (52:1 Md. R. 19)

Regulation .07 repealed and new Regulation .07 adopted effective September 6, 2021 (48:18 Md. R. 694)

Regulation .07A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .08 repealed and new Regulations .08 adopted effective June 29, 2020 (47:13 Md. R. 644)

Regulation .08-1 adopted effective June 29, 2020 (47:13 Md. R. 644)

Regulation .08-2 adopted effective June 29, 2020 (47:13 Md. R. 644)

Regulation .08-2A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .08-3 adopted effective June 29, 2020 (47:13 Md. R. 644)

Regulation .08-3A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .09 amended effective September 6, 2021 (48:18 Md. R. 694)

Regulation .09B amended effective February 7, 2022 (49:3 Md. R. 139); January 20, 2025 (52:1 Md. R. 19)

Regulation .10 amended January 20, 2025 (52:1 Md. R. 19)

Regulation .11 amended effective November 4, 2019 (46:22 Md. R. 980)

Regulation .11B amended January 20, 2025 (52:1 Md. R. 19)

Regulation .12 amended effective November 4, 2019 (46:22 Md. R. 980); January 20, 2025 (52:1 Md. R. 19)

Regulation .12B amended effective February 7, 2022 (49:3 Md. R. 139)

Regulation .13 amended January 20, 2025 (52:1 Md. R. 19)

Regulation .15 adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .15A, C amended January 20, 2025 (52:1 Md. R. 19)

Regulation .15-1 adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .15-1B, D amended January 20, 2025 (52:1 Md. R. 19)

Regulation .15-2 adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .15-2A amended January 20, 2025 (52:1 Md. R. 19)

Regulation .15-3 adopted effective March 8, 2021 (48:5 Md. R. 218)

Regulation .15-3A amended effective March 6, 2023 (50:4 Md. R. 123); January 20, 2025 (52:1 Md. R. 19)