New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 12 - SITING RULES FOR GRID SUPPLY AND LARGE NET METERED SOLAR FACILITIES › Section 14:8-12.4 - Siting limitations for covered agricultural lands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A CSI-eligible facility may not be
				located on covered agricultural lands when the cumulative solar development
				located on such lands will exceed the Statewide threshold.
(b) A CSI-eligible facility may not be
				located on covered agricultural lands in any county when the cumulative solar
				development will exceed the county concentration limit.
(c) In determining the acreage for cumulative
				solar development, the size of a CSI-eligible facility shall equal the total
				contiguous or noncontiguous area(s) supporting the solar energy facilities and
				related infrastructure. The total area calculation shall include any areas of
				land no longer available for, or in, agricultural or horticultural production
				due to the presence of the solar energy facilities, including all areas of land
				that are devoted to, or supporting, the solar energy facilities; nonfarm
				roadways including access roads; any areas of the farm used for underground
				piping or wiring to transmit solar energy or heat where the piping or wiring is
				less than three feet from the surface; and areas consisting of other related
				facilities, structures, and equipment, including any other buildings or site
				amenities, deemed necessary for the production of solar energy.
(d) A CSI-eligible facility shall count
				towards cumulative solar development for both the Statewide threshold and the
				county concentration limit upon registration with the Board for conditional
				certification, pursuant to
				N.J.A.C.
				14:8-11.5. The total acreage identified in
				the application shall be counted toward cumulative solar development. If the
				project's registration lapses without the project reaching commercial
				operation, then the project shall no longer be included in the calculations for
				cumulative solar development. Facilities approved by the Board as dual-use
				solar facilities, in accordance with the provisions at N.J.S.A 48:3-87.13, will
				not be counted towards cumulative solar development.
(e) If the acreage required for a proposed
				CSI-eligible facility causes cumulative solar development to exceed the
				Statewide threshold set forth at (a) above, a waiver pursuant to
				N.J.A.C.
				14:8-12.6 must be obtained from the Board
				before the proposed CSI-eligible facility will be allowed to register with the
				Board.
(f) A CSI-eligible facility
				is not permitted to exceed the acreage of solar development on covered
				agricultural lands submitted as part of the registration pursuant to
				N.J.A.C.
				14:8-11.5.
(g) Upon completion of construction, and
				prior to commencing commercial operations, the facility's acreage will be
				updated to reflect the actual acreage used and provided to the Board, or its
				designee.
(h) Nothing in this
				subchapter shall be construed to permit siting of solar on preserved farmland,
				unless affirmatively allowed pursuant to
				N.J.S.A.
				4:1C-32.4 et seq.