Solar developers will need to obtain permits and pay fees to build on high value agricultural land according to new rules enacted by state regulators.
Under the rules, developers of solar projects up to 20 acres have access to expedited permitting. But larger projects will have to pay compensation for displacing valuable agricultural soils and receive more stringent review. That compensation could include fees or mitigation such as conservation easements on similar land elsewhere.
Craig LaPine, director of the Maine Bureau of Agriculture, Food and Rural Resources said the regulations were required under a state law. The measure was intended to balance Maine's goals of expanding clean energy and boosting local food production.
"We want to see renewable energy development and we don’t want to see that at the expense of a future when Maine can feed itself," LaPine said.
But some solar developers claim the industry is being unfairly targeted as farmland is lost to development.
"Saying that solar projects are the root of the loss of farmland is simply not true, but we keep seeing that narrative pushed," said Chris Byers, owner of Branch Renewable Energy.
The new rules come amid a policy turn against solar development, Byers said. That includes legislative proposals to roll back or repeal the electric billing program that makes installing solar panels attractive to homeowners and businesses.
"This is just one of the many legislative initiatives that is making it really hard to do work in Maine right now," Byers said.
The rule includes some changes from when it was introduced last year. Notably, high-value agricultural soils that are forested are no longer subject to permitting.
Heather Spalding, deputy director of Maine Organic Farmers and Gardiners Association, said the rules were probably as good as supporters were going to get in the current political and economic climate.
But the group remains concerned about removing forested farmland from the regulations, Spalding added.
"Maine's Climate Action Plan aims to generate 30% of the food that we consume in this state," Spalding said.
"We're now at about 4% and if we're going to meet our climate goals we are likely going to need to bring some land now growing trees back into crop production."
