On March 22, 2022, the Kent County Levy Court approved an ordinance drawing clear distinctions between community solar and utility solar developments. The ordinance provided a smoother path for community solar, a slightly more restrictive path for utility solar and banned utility solar on conserved agriculture land in Kent County. It brought a balance between the ability of farmers to lease a small portion of land for community solar while preventing wide-scale conversion of farmland to mega-solar projects.
The recently passed community solar program, signed into law in September of 2021, is designed to allow those who are unable to install solar on their houses to still benefit from locally sourced renewable solar energy. Once projects begin to come online, Delmarva customers will be able to subscribe to as much energy as they would like to purchase from the community solar array and receive a discount on their utility bill.
The struggle over the future of solar in Kent County began when a large-scale utility solar project applied to convert 260 acres of land in the agricultural conservation zoning district on the east side of Route 9. Historically, this area has been heavily restricted regarding nonagricultural land uses. Farmers in the area raised numerous concerns around the project, which ultimately was approved.
The battle over this project, however, did lead to an ordinance being drafted to disallow ground-mounted solar projects in that area. Through many negotiations and involvement from farmers, advocates, solar companies and others, the final ordinance banned utility solar projects that connect to the transmission grid from being installed in the agriculture conservation district. However, the final draft did allow farmers to lease up to 50 acres of their property to solar companies to develop community solar projects.
The Sierra Club’s Delaware chapter, working together with our partners and the community, were able to secure key victories to help ensure that the desires of farmers who want to do community solar are met and that they can keep as much land as possible in production. We also were victorious against unnecessary, expensive restrictions on community solar, which ensure that the future of community solar in Kent County, and all of Delaware, is a strong one.
In another plus for solar energy, the Kent County Levy Court also approved the first land-use application for a 4-megawatt community solar project since the legislation was passed by the state legislature in 2021.
Prior to the passage of that community solar legislation, the previously cumbersome law on this topic failed to allow any projects to move forward.
Throughout the process of developing a model community solar program, the Sierra Club and our partners have fought, and will continue to fight, for the most equitable and strongest community solar program possible with a focus on renewable-energy access.
For example, the new law mandates at least 15% of the community solar output go to benefit low-income customers.
“To ensure that we are not just putting solar farms on farmland, we will urge that solar developers put this clean technology on the many brownfields in New Castle County, to get commercial companies to install solar on their large, flat roofs, in essence to ensure we are meeting our energy goals in a way that makes sense for Delaware,” said Charlie Garlow of Sierra Club’s Delaware chapter.
Several farmers came out in support of the final ordinance, which featured key amendments from the Regional Planning Commission to help soften restrictions on community solar. Their testimony centered around wanting to participate in community solar by leasing land to site projects. They said this would enable them to keep the rest of their land for farming by offering an additional income stream, all while helping the communities in Delaware to have more affordable electric rates.
The final bill was a strong compromise between the goals of community solar program and the needs of this dedicated community of farmers struggling to keep their farms in the family, even with the flood of housing developers and other threats from the explosive population growth in Delaware.
With the issue now resolved in Kent County, the Sierra Club’s Delaware chapter and its advocacy partners are now turning their focus towards establishing strong climate goals and strategies for Delaware through state legislation.
Dustyn Thompson is the advocacy and outreach organizer for the Sierra Club’s Delaware chapter. He resides in Wilmington.
