[Massplanners] Solar Bylaw - prohibition against large-scale cutting / clearing

Mon Feb 28 10:56:13 EST 2022

Hello Mass Planners,
The ICMA/APA Solar at Scale Guidebook may be useful https://www.planning.org/publications/document/9222548/ - it speaks to some best practices regarding impacts to forested as well as agricultural lands. They are conducting a 9-part webinar series now, with Session 4 up next on March 10 https://icma.org/events/solarscale-webinar-series if you register I believe you can access the past session materials.

Agreed, it’s a huge issue everywhere. We’re performing third-party review of 10 utility-scale solar projects for 3 counties in Virginia right now, the facilities have a combined project area of 45,351 acres/70.86 sq. miles. Granted, not all of this is panel coverage, but a significant amount, and most of the land is currently forested or farmed in some manner. Projects have raised enough flags that the state legislature is currently considering a bill that would establish a state DEQ permit review of projects significantly impacting forested land and prime agricultural lands.

Best,
Michael

Michael Zehner, AICP, ENV SP
Environmental Programs Director

The Berkley Group
c. 404-643-7930
michael.zehner at bgllc.net<mailto:michael.zehner at bgllc.net>
www.bgllc.net<http://www.bgllc.net/>

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Thomas Bott via MassPlanners
Sent: Thursday, February 24, 2022 12:57 PM
To: Christopher Skelly via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>; Town Administration <Administration at westhamptonma.org<mailto:Administration at westhamptonma.org>>
Subject: Re: [Massplanners] Solar Bylaw - prohibition against large-scale cutting / clearing

Dear Planners:
The Town of Falmouth adopted a Large-Scale Ground-Mounted Solar Overlay District<https://ecode360.com/34130738> and Bylaw in Fall 2018 based on the Commonwealth's model bylaw that I wrote initially for the ToK and amended for Falmouth. We designed the Overlay District by using aerial photography to identify previously disturbed area.

ARTICLE 8: To see if the town will vote to amend the Zoning Bylaw by adding a new Article XLIII Large-Scale Ground-Mounted Solar Overlay District - and to amend the Official Zoning Map by adding a Large-Scale Ground-Mounted Solar Overlay District along the Blacksmith Shop Corridor proximal to the power line easement on large parcels where tree cover and land forms have previously been impacted,...
EXPLANATION: This amendment would seek to create an overlay district for large scale solar projects on appropriately-sized land forms, such as previously mined areas, and would include reference to Department of Energy Resources siting best practices. The overlay would include approximately 151± acres for large scale solar. The article also includes a decommissioning bond.

§ 240-254Site plan review design and operation standards.
D. Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of solar energy system or otherwise prescribed by applicable laws, regulations, and bylaws.

(1) <https://ecode360.com/34130780#34130780> Not more than two acres of forest land shall be deforested for any one ground-mounted solar photovoltaic installation, and no such installation shall be placed on such land that was deforested within the prior five years.

(2) <https://ecode360.com/34130781#34130781>  Land clearing in excess of two contiguous acres in connection with any single installation is prohibited.

 In 2019 the Overlay District was expanded, by request, to include the Barnstable County Fairgrounds and allow the installation of solar carports over their fields of grass parking lots. The effect was to allow patrons to park (and perhaps tailgate) under the canopies that were generally outside on the sight of neighboring houses to shade vehicle without throwing shade at the neighbors.  The canopies also capture clean stormwater from the panels and infiltrate it directly into the ground rather than have that stormwater run through the grass mingling with whatever might have dripped from the bottom of the mostly internal combustion powered vehicles previously parked there. Only a handful of trees were cut.

This was inspired by the Mass Audubon’s  Losing Ground Report that noted:

13.5 acres developed per day

From June 2012 to June 2017, approximately 24,700 acres of natural land were converted to development in Massachusetts, translating to a pace of 13.5 acres per day through this 5-year period. Nearly 30,000 acres of forest were lost during this time period, some developed and some cleared. Open land, including grasslands, agriculture, and unvegetated land, increased by approximately 6,800 acres, and wetlands increased by just over 2,200 acres.

~1/4 of new development was solar-related

The rate of development increased slightly from the 13 acres/day reported in the fifth edition of Losing Ground (2005-2013), but is still down from the 20 acres/day reported in the fourth edition (1999-2005). A new type of land development—ground-mounted solar photovoltaic arrays—contributed a significant proportion: as much as one-fourth of total new development in recent years.
In 2021 the Overlay District was expanded again by petition (I don’t have that language handy)  to allow a 100+ acre golf course to be included in an overlay district. The petitioner citing that a golf course was a previously disturbed area and requesting a larger area to be cleared allowing more tree-cutting limited to not more than four acres, or 10 percent of the parcel, whichever is less. Mitigation by replanting twice the area cleared with a landscape plan approved by the Planning Board that includes pollinator species. Likely pollinator species is not defined nor is there a list of species defined. Both of which would be very helpful.
https://www.capenews.net/falmouth/news/falmouth-planning-board-approves-solar-farm-at-cape-cod-country-club/article_964a23c2-fe22-5475-a636-207034f5ef5a.html

Here is Carver, where they have many Solar projects permitted likely contributing to Mass Audubon’s report, there are three different solar moratoria on the Town Meeting Warrant, one from the SelectBoard and two petitioned. Solar is in section 3580 of their bylaw, so far I’ve only read to section 3574.1 . Stay tuned.
TBott

Thomas Bott Interim Carver Town Planner

You too could follow me on Twitter @TBottPlimoth but it clearly isn’t necessary

On Wednesday, February 23, 2022, 12:42:54 PM EST, Town Administration via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:

Good afternoon, planners!

Westhampton is looking to harden its solar energy bylaw to prohibit strip-cutting of large areas of land in order to facilitate large-scale solar.  While solar is STRONGLY encouraged on roofs, over parking lots, and etc, we don't want swaths of panels replacing our pines.

Has anyone implemented zoning bylaw that addresses this?  Have you had such successfully approved by the AG?

Respectfully,

- Doug.
-----------------------------
Douglas Finn, Administrative Assistant
Town of Westhampton
1 South Road
Westhampton, MA 01027
413-203-3086
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