New solar development rules show tensions in Maine’s climate goals

After milking on a recent morning, Nate Clark pulled 55 cows out of the barn and into the pastures at his Reed Farm dairy in Windsor.

Nate and his wife Katie work about 300 acres, but only own about a third of it. They rent the rest from nearby landowners, mainly for growing hay. Access to good fields nearby is crucial to ensuring farm economics.

“Without leased fields that we don’t own, it just can’t be done,” Clark said.

Renting is quite affordable, which also helps keep costs down.

“I mean, most of them are free, that’s just how it usually works,” Clark added.

Some landowners only demand that farmers mow their fields or cover the cost of property taxes.

But solar companies compete with farmers for land. Developers are reportedly willing to pay an annual rent of $1,000 per acre.

Nate and Katie recently planned to take over a retiring farmer’s 15-acre field. Instead, solar panels went up.

“Giving up any farmland seems crazy at this point, and the best farmland is just rare,” Clark said.

New regulations proposed by the Department of Agriculture and Forestry Protection are intended to balance competing land use methods.

Developers of solar panels larger than five acres would need soil testing and a permit, and would pay fees based on the agricultural value of the land. The funds will be used for future land conservation.

Craig Lapine, director of the Office of Agriculture, Food and Rural Resources, said the goal is to discourage solar developers from focusing on farmland.

“Or, if possible, give an economic signal that if a developer has another place to go, they should go there,” Lapine said.

The legislation comes as state lawmakers respond to the solar boom that began five years ago when Maine introduced generous subsidies to encourage new clean energy.

Lawmakers sent a clear message in the law passed last year.

“Can we put the brakes on a little bit and make sure that in pursuing one very good goal, we don’t inadvertently hinder or prevent other important community goals,” Lapine said.

Governor Janet Mills has set a goal for Maine to be 100% clean energy by 2040.

However, Maine’s proposed climate strategy update also calls for doubling the amount of protected farmland over the next six years. And Maine people should eat 30% locally produced food.

Shelley Megquier of the Maine Farmland Trust said that in the five years between 2017 and 2022, Maine lost 500 farms and 80,000 acres of farmland.

Most of these businesses were not financially viable, especially with rising costs. However, according to Megquier, access to good land is the main challenge for new and expanding farms.

“So farmland that is close to infrastructure and markets, farmland with really good, high-quality soils and relatively level, well-drained, is particularly difficult to find and access,” she said. “Unfortunately, this same area is often attractive to solar companies.”

Solar developers, however, said the proposed rules are unfair, poorly designed and represent a complete overhaul of solar policy in Maine.

“Wait, didn’t we introduce some pretty aggressive legislation in 2019 that said come to Maine and install solar here?” said Chris Byers, owner of Renewable Energy’s North Yarmouth branch.

Since the original solar policy was adopted, it has been amended by lawmakers and has faced criticism that ratepayers are paying too much to support energy development.

“We’re just making it harder and harder, and there’s a perception in society that solar is a problem,” Byers said.

The farmers he works with see solar leasing as a financial lifesaver. They are willing to give up some land if it means staying afloat.

Other developers point to the importance of solar energy in the state’s efforts to reduce greenhouse gas emissions.

“Meeting our climate goals is not optional,” said Lindsay Bourgoine of South Portland-based Revision Energy.

“That’s why whatever site plan we come up with for the state, it has to take into account the clean energy potential that we need to build,” she added.

Bourgoine said only 4,300 acres of solar panels have been built in the state, far less than what’s left of agricultural production.

She also said that solar investments have a lifespan of only 20 to 30 years. The proposed regulations would in no way discourage the construction of apartments, self-storage facilities or other permanent investments on agricultural land, she added.

“There is certainly a chance for agricultural profitability at the end of the project period,” Bourgoine said.

But dairy farmer Andy Smith still fears farm leases will decline as landowners are lured by money from solar companies. Smith farms about 250 acres of land in Monmouth around his farm, The Milkhouse.

“Listen, there is only so much land that we are all fighting over for affordable housing, energy development and agricultural production, as well as forestry production and natural resource conservation,” Smith said.

“Whether we like it or not, we will not extract any more land from anywhere,” he added.

Smith, president of Maine Organic Milk Producers, said he supports the proposed rule. But he also knows that solar leasing can be a good income for retiring farmers or struggling family businesses.

“And that’s why it’s such a complicated issue because it’s not just about black and white, which is really hard in our society to keep things from being black and white,” Smith said.

Lapine, of the agriculture bureau, said the department is focused on keeping farms profitable. The Department is fully aware that the development of solar energy may be a component of a family plan aimed at maintaining a stable financial situation on the farm.

“We know that and we don’t want to inadvertently take away that tool,” Lapine said.

State regulators said they will know in the next few weeks whether they are ready to publish the final version of the rule or whether they will create a new draft for further public consideration.

The Maine Public Climate Office is made possible by Androscoggin Bank with additional support from Evergreen Home Performance, Bigelow Laboratory and Lee Auto Malls.