Frederick County, MD — Solar Development Risk Assessment

No Moratorium

§1-19-10.700: 25-ft deep buffering/screening area along all property lines adjacent to residentially zoned property and all adjacent roadways. Buffer may be berms, evergreen species ≥5 ft at planting (with 15-ft max spacing between trees), or fencing; may be within setback area. Overstory trees: ≥6 ft height, ≥2-inch caliper at planting; understory trees/shrubs: ≥3 gallon. All solar facility panel disconnects mapped and registered with Frederick County Division of Fire and Rescue Services.

Floating zone application process (§1-19-10.700) for agricultural zone. ≥2 MW AC requires MD PSC CPCN — preempts county zoning authority but PSC must give "due consideration" to county comprehensive plan and zoning (§1-101 Local Government Article).

Generally favorable — growing diverse county; DC exurb; strong renewable energy interest; some farmland preservation tension

Fastest growing MD county; strong solar market; Frederick County ordinance provides regulatory certainty; agricultural land competing with suburban development; DC exurb

Stable

Local county zoning permit: conditional use or special exception at county level; no uniform statewide solar permitting standard. PPRP (Power Plant Research Program, MD DNR): environmental review for generating facilities ≥70 MW; PSC CPCN required for projects ≥70 MW. Projects <70 MW: county-level permitting only. No statewide preemption of local solar ordinances. Net metering: systems up to 2 MW (residential up to 2× annual load). All MD in PJM territory. Maryland has the largest solar carve-out in the U.S. at 14.5% by 2028 (MD Code, PUC §7-703).

Maryland Renewable Energy Portfolio Standard (RPS): 50% by 2030; solar carve-out 14.5% by 2028 — drives strong SREC demand. Maryland SREC market: PSC-administered; ~$50-80/SREC 2023-2024 for Tier 1 Maryland SRECs. Maryland Solar Access Program (Brighter Tomorrow Act 2024): $750/kW up to $7,500 for income-qualifying residential customers. Maryland Community Solar: community solar program active statewide. Maryland PSC: approval required for utility-owned solar; IPP projects via county/local process. Utility: BGE (Eversource) serves Baltimore metro; Pepco serves Montgomery/PG County; Delmarva Power serves Eastern Shore; SMECO serves Southern MD; Potomac Edison (FirstEnergy) serves western MD.

Biggs Ford Solar Center LLC | 15 MW | Frederick County | CPCN GRANTED November 2020 (Order Aug 27 2020 proposed) — PSC Case No. 9439 | Note: PPRP recommended DENIAL Sept 2019 citing prime agricultural land and county opposition; PSC overrode PPRP and granted CPCN — landmark preemption case (MD DNR PPRP guidance page) Opossumtown Pike Solar 1 LLC | 5 MW | Frederick County | active — PSC Case No. 9855

No confirmed CPCN denials for Frederick County. Biggs Ford contested by county but PSC granted over PPRP recommendation.