Caroline County starts rule changes after state law forces new process for solar and battery projects

Planning and zoning staff told the Caroline County Board of Supervisors on June 9 that amendments are needed to bring the county zoning ordinance into compliance with new state statutes that require localities to accept applications for solar facilities of 1 megawatt or larger by special exception.

The proposed changes add new definitions, extend special‑exception eligibility for solar to agricultural, industrial, business, institutional and certain mixed‑use and planned districts, and add decommissioning and operations standards. Staff also introduced a new section on energy storage facilities. Under the state law staff cited, any approved solar special exception may include battery energy storage on the project site as an accessory use (subject to environmental and fire‑safety rules), and that provision will apply to projects approved after July 1.

County staff and the county attorney briefed supervisors on the practical effects: the county must accept applications for 1 MW+ projects and evaluate them against 12 statutorily prescribed criteria (setbacks, screening, visual impacts, stormwater/stabilization, wildlife access, labor compliance, decommissioning, and related items). The county retains discretion to approve or deny an application but may not adopt local rules inconsistent with those 12 criteria.

Supervisors expressed concern about battery storage safety and about the county’s ability to impose conditions (for example, to require applicant‑paid training or equipment for first responders). Staff said the draft ordinance includes emergency‑response and training provisions and that the county will continue refining language in the planning‑commission review and public‑hearing process. The planning commission will hold a public hearing and return recommendations to the board; staff emphasized the compressed timeline because the state law takes effect July 1.

The board accepted the first reading and authorized scheduling of required public hearings; staff will bring revised language back after planning commission review.