SB 443 Summary

• Requires Department of Agriculture certification that lands are used for a farming operation (as defined in section 165-2) for wind energy facilities in agricultural districts to be permitted uses.

• Requires Department of Agriculture certification that lands are used for a farming operation for solar energy facilities on class B or C soils in agricultural districts, limiting such facilities to 10% of parcel acreage or 20 acres (whichever is less) unless a special use permit is granted.

• Adds wind machines and wind farms to agricultural district permitted uses with the condition that the Department of Agriculture certifies concurrent farming operation use.

• Modifies solar energy facility requirements on class B and C soils to permit use only when lands are simultaneously used for farming operations and the area under solar facilities is made available for compatible agricultural activities at lease rates 50% below fair market rent.

• Effective date: July 1, 3000.