Public Comment on Chapter 575: Solar on HVAL Rulemaking

Division / Program: Agriculture Resource Development
Date: July 25, 2024 - August 29, 2024

Event Type: Public Comment

9/19/2024 Update - The Department is providing an update on the status of the rulemaking process to implement a permit process and establish compensation tiers for solar energy development on high-value agricultural land per P.L. 2023, Chapter 448.

DACF follows its established and standard protocol for reviewing and processing comments. Every submission is thoroughly reviewed and assessed considering the relevant statute, the legislative intent, and the policy priorities of both the Department and the Administration. Each comment will receive a response in the final published rule, regardless of whether it results in a change.

Because this process is still ongoing, DACF has not yet determined if the final rule will differ significantly from the draft. Comments have been received from diverse stakeholders, including solar energy developers, landowners, farmers, advocates for farmland protection, and clean energy advocates. Stakeholder opinions on many key aspects of the rule are varied.

The timeline for finalizing the rule has not been set. Should DACF conclude that significant revisions are unnecessary, a final rule may be published in October. However, if the review of comments indicates that substantial changes are warranted, we anticipate opening a new comment period in October before proceeding to finalization.

We appreciate the public's engagement and will continue providing updates as the process progresses.

In 2023, the Maine Legislature passed LD 1881 (P.L. 2023, Chapter 448) - An Act Regarding Compensation Fees and Related Conservation Efforts to Protect Soils and Wildlife and Fisheries Habitat from Solar and Wind Energy Development and High-impact Electric Transmission Lines Under the Site Location of Development Laws.

Pursuant to this new law, the Department of Agriculture, Conservation and Forestry (DACF) is directed to adopt routine technical rules regarding solar energy permitting definitions, administration, standards, delegation of authority, and enforcement. As part of its rulemaking effort, DACF must:

  • Define high-value agricultural land;
  • Define dual-use agricultural and solar production;
  • Establish tiers of high-value agricultural land with variable compensation amounts to be administered by DEP;
  • Establish rules to define the administrative process for permitting;
  • Develop standards for dual-use solar;
  • Establish standards and conditions for delegating permitting authority to the Land Use Planning Commission (LUPC) and municipalities; and
  • Establish permit program enforcement parameters.

DACF seeks input from the public regarding these draft rules and will review all input before final rule adoption.

A public hearing was held Monday, August 19, 2024. Watch Public Hearing Recording (YouTube).

Written comments regarding this rulemaking must be submitted by August 29, 2024, at 11:59 PM. If you need additional information, please call (207) 287-3491 or email at agenergy@maine.gov.

Thank you for your input.

Contact Name: Caitlyn Cooper
Contact Phone: (207) 287-3491
Contact Email: agenergy@maine.gov

Related Documents

Draft Rule Language (DOCX)

Chapter 575 Rulemaking Fact Sheet (PDF)

LD 1881 (PDF)

Memo to Persons affected by P.L. 2023, Chapter 448, and members of the public (PDF)

Public Hearing Presentation 8/19/2024 (PDF)

Frequently Asked Questions - Updated 8/27/2024 (PDF)