New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.6 - Evaluation criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When reviewing an application, the Committee shall determine whether the application meets the following criteria:
1. Factors for determining if the solar energy facilities, structures, and equipment interfere significantly with the use of the land for agricultural or horticultural production are as follows:
i. The facilities do not conflict with the deed of easement, including, but not limited to, the following:
(1) There is no detrimental impact to drainage, flood control, water conservation, erosion control, or soil conservation on the premises;
(2) During construction and installation of the solar energy facilities, appropriate measures are taken to control soil erosion from wind and water on the premises, including, but not limited to, the following:
(A) The temporary stabilization of exposed areas using vegetative cover or mulch; and
(B) The application of nonpotable water to exposed areas and the utilization of barriers to control air current and minimize soil blowing;
(3) During operation and maintenance of solar energy facilities, appropriate measures are taken to address soil and water conservation resource concerns on the premises;
(4) Solar energy facilities with an occupied area of more than one acre on the premises shall be constructed, installed, operated, and maintained in accordance with a farm conservation plan that addresses soil and water resource concerns outlined in the National and State Resources Concerns and Quality Criteria (Section III) and Practice Standards (Section IV) of the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) New Jersey Field Office Technical Guide (NJ-FOTG), which is incorporated herein by reference, as amended and supplemented, customized for the State of New Jersey, prescribing practices and standards for the conservation and management of soil, water, and related natural resources, which is available at
http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/fotg
. The conservation plan filed must include a completed and NRCS-approved CPA-52 Environmental Evaluation Worksheet;
(5) The types of agricultural use or production that can occur on the premises shall not be restricted.
(A) The presence of the solar energy facilities shall not negatively impact the ability to utilize any portion of the premises outside the occupied area for a variety of agricultural or horticultural purposes;
(6) The solar energy facilities shall not interfere with the ability to access the premises for agricultural or horticultural purposes or uses, and to ensure compliance with the deed of easement and the provisions of this subchapter;
(7) Solar energy facilities shall not supply power or heat to an off-farm source of energy demand.
(A) Solar energy facilities shall not be interconnected to any off-farm energy consumer or off-farm source of energy demand.
(B) Solar energy facilities shall not be interconnected in a series to other energy generation facilities located off the farm.
(C) Solar energy facilities may be directly connected to the electric distribution system for the primary purpose of producing wholesale power, provided the facilities do not occupy more than one percent of the farm and are otherwise consistent with 4:1C-32.4 and the provisions of this subchapter;
(8) Easements shall not be provided through the farm for the purpose of transmitting power generated by an off-farm source, or to provide for roadways to service solar energy facilities not located on the farm.
(A) The prohibition on easements through the farm in this sub-subparagraph shall not apply to severable exception areas;
(9) Facilities servicing a use in a severable exception area shall be located entirely within the severable exception area;
(10) Facilities primarily servicing nonagricultural and/or nonresidential uses in a nonseverable exception area shall be located entirely in the nonseverable exception area to the maximum extent practicable or financially feasible.
(A) Where it is not possible to locate such facilities entirely in the nonseverable exception area, priority shall be given to mounting facilities on existing buildings and structures, and the portion of the occupied area outside the nonseverable exception area shall not exceed one acre or one percent of the farm, whichever is less, and the SADC may require from the facilities installer an itemization of all energy consuming devices connected to the electric revenue meter(s) to be serviced by the facilities, by energy demand and type of use, to determine whether the facilities will primarily service nonagricultural and/or nonresidential uses in the nonseverable exception area.
(B) Facilities located outside nonseverable exception areas to service energy demand within the nonseverable exception areas, may not be permitted or may be subject to more stringent Federal limitations than described in this sub-subparagraph, if the farm was preserved with funding from the U.S. Department of Agriculture Natural Resources Conservation Service's Farm and Ranch Lands Protection Program; and
(11) The facilities shall be located and configured in a manner that maximizes the use of the premises for agricultural or horticultural purposes.
(A) Facilities shall not be constructed or installed on prime farmland to the maximum extent practicable and financially feasible.
(B) Facilities shall be located along field edges and in nonproduction areas to the maximum extent practicable and financially feasible.
(C) Facilities shall be sited and configured to avoid dividing larger fields into smaller fields and isolating areas of the farm such that they are no longer viable or efficient for agricultural production, including, but not limited to, restricting the movement of agricultural vehicles/equipment for planting, cultivation, and harvesting of crops, and creating negative impacts on support infrastructure such as irrigation systems;