Solar Permits on High-Value Agricultural Land

A person proposing to construct a solar energy development on high-value agricultural land (HVAL) must obtain a permit from the Department of Agriculture, Conservation, and Forestry (DACF). This is only applicable to solar energy developments that are five acres or larger in size and occupy at least one contiguous acre of HVAL.

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Legislative Background & Adopted Rules

"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" was enacted in 2023 (Public Law 2023, Ch. 448).

The rule governing this new permit program is DACF Chapter 575, "Permitting Solar Energy Developments on High-Value Agricultural Land" (01-001 C.M.R. Ch. 575). The rules were adopted on April 14, 2025, and became effective on April 20, 2025.

These rules apply only to solar developments that are five or more acres and occupy at least one contiguous acre of HVAL. Solar developments that are 20+ acres and at least partially sited on HVAL may be subject to compensation fees or compensation in the form of a conservation easement. DACF will use the compensation fees to conserve farmland.

The Department of Environmental Protection will calculate, receive, and transfer the compensation fees to DACF. This process will be described in the DEP Chapter 379 rules, "Compensation for Impacts to High-Value Agricultural Land from Solar Energy Development," which are currently being drafted.

Applicability

The only solar projects that require a permit from DACF are projects that:

  • use ground-mounted solar arrays and installations to convert solar energy to electrical energy,
  • occupy 5+ acres,
  • are located on at least 1 acre of HVAL, and
  • begin construction after April 20, 2025.

Permitting Process

Permit Type

  • Permit by Rule (PBR)
    • Projects that are 5 acres or larger but less than 20 acres in size.
    • Projects where the only HVAL the solar farm occupies is land that meets the definition of "PFAS-impacted HVAL."
    • Application fee required.
    • No compensation fee or permittee-responsible project required.
  • Individual Permit
    • Projects that are 20+ acres in size.
    • Application fee required.
    • Compensation fee or permittee-responsible project may be required.
    • NOTICE: DACF will not process individual permit applications until DEP's Chapter 379 rules are adopted and in effect.

Application Submittal

Applicants shall submit a permit application form to the DACF Environmental Licensing Supervisor either electronically via email to AGEnergy@Maine.gov or via mail to:

Solar on HVAL Permitting
ATTN: Caitlyn Cooper
90 Blossom Lane
Deering Building
Augusta, ME 04333 

Please refer to the Chapter 575 rules for a full list of materials required as part of the application.

For those who submit via mail, please send only one copy of the application materials to save paper.

Pre-application or Pre-submittal Meeting. Applicants may request a pre-application or pre-submittal meeting with the DACF Environmental Licensing Supervisor to better understand the permitting process, identify what is needed as part of the application, and talk through any questions the applicant may have. Pre-application and pre-submittal meetings can be conducted online or in person in Augusta at the Deering Building (90 Blossom Lane, Augusta, ME 04333). Email AGEnergy@Maine.gov to set up a meeting time.

Processing Times

  • PBR: If DACF does not communicate with the applicant regarding the PBR application through any means, including verbal, written, or electronic communications, within thirty (30) calendar days after DACF receives the PBR application, the permit is automatically granted.
  • Individual Permit: Given that this is a new permitting program, the following estimated processing times may change depending on staff availability, number of applications, and size of projects. At this time, the estimated application processing time is thirty (30) calendar days (last updated on April 20, 2025).

Permit Forms

Permit Application Form (coming soon)

Permit Transfer Request Form (coming soon)

Minor Revision Request Form (coming soon)

Guidance Documents

Guidance Document Brief Description

Best Management Practices for Solar Energy Development on Farmland: A Guide for Solar Energy Developers (PDF)

This document provides the best management practices (BMPs) for developing solar farms on agricultural land. These BMPs are a subset of those provided in the guidance document titled "Technical Guidance for Utility-Scale Solar Installation and Development on Agricultural, Forested, and Natural Lands." Applicants must agree to meet the BMPs in this document that are applicable to their project.

Chapter 575 Rules Reference: See section 5(2)(E) for more details on the BMP agreement requirement.

Identifying High-Value Agricultural Land (coming soon)

This document details how to identify high-value agricultural land. It also provides information on how to rule out land from being considered HVAL, such as how to identify contaminated land.

Chapter 575 Rules Reference: See section 2(17) for the definition of "field-based survey" which references using this protocol.

Determining Prime Farmland Soils and Soils of Statewide Importance for Siting Solar Projects in Maine (PDF)

This document provides the technical information necessary to assist solar developers in determining if proposed solar sites contain prime farmland or farmland of statewide importance.

Chapter 575 Rules Reference: See section 2(16) for the definition of "farmland of statewide importance," 2(17) for the definition of "field-based survey," and section 2(33) for the definition of "prime farmland," all of which reference using this protocol.

Policy for the Determination of PFAS Contaminated Land Pursuant to 35-A MRSA § 3210-J (PDF)

This document sets forth how DACF's Bureau of Agriculture, Food and Rural Resources (BAFRR) shall determine that PFAS-contaminated land may not presently be used for current or historical agricultural purposes. The table in section III (3) should be referenced when determining if land may be considered "PFAS-impacted HVAL."

Land that may NOT presently be used for its current or historical agricultural purposes WOULD be considered PFAS-impacted. Land that MAY presently be used for its current or historical agricultural purposes would NOT be considered PFAS-impacted.

Chapter 575 Rules Reference: See section 2(30) for the definition of "PFAS-impacted HVAL" that references this policy.

Technical Guidance for Utility-Scale Solar Installation and Development on Agricultural, Forested, and Natural Lands (PDF)

This guidance document is intended to provide farmers and forest landowners with practical information when considering solar development on their property, as well as planning important preconstruction, construction, and post-construction/decommissioning activities. It further provides technical information for solar developers to consider when designing, installing, and removing solar projects.

Conversion Pressure County List 2025 (PDF)

This document provides the list of counties in Maine that are facing the highest conversion pressure. This list may not be updated more than once every three years and was last updated on [date].

Chapter 575 Rules Reference: See section 2(9) for the definition of "conversion pressure." Additionally, see sections 7(4)(C) and 7(8)(C) to see how projects located in a county with a high conversion pressure may affect your compensation fee ratio.

Additional Resources