Agrivoltaics

Guidance

Dual-use solar, often referred to as agrisolar or agrivoltaics, involves the practice of integrating solar panels into an agricultural system in order to enhance land productivity and multi-functionality. The dual-use approach can take various forms, but it is most frequently combined with practices such as livestock grazing, specialized crop production, beekeeping, or developing pollinator habitat.

Clearly defining dual-use solar or agrivoltaics, including the various practices that qualify under the general definition, is an important step to ensure clarity for the siting and permitting process.

Sample language–University of Michigan Extension 

(See page 22)

Dual Use: A solar energy system that employs one or more of the following land management and conservation practices throughout the project site:

• Pollinator Habitat: Solar sites designed to meet a score of 76 or more on the Michigan Pollinator Habitat Planning Scorecard for Solar Sites.
• Conservation Cover: Solar sites designed in consultation with conservation organizations that focus on restoring native plants, grasses, and prairie with the aim of protecting species (e.g., bird habitat) or providing species ecosystem services (e.g., carbon sequestration, soil health).
• Forage: Solar sites that incorporate rotational livestock grazing and forage production as part of an overall vegetative maintenance plan.
• Agrivoltaics: Solar sites that combine raising crops for food, fiber, or fuel, and generating electricity within the project area to maximize land use.

Guidance

We do not recommend placing height restrictions, as it could interfere with future agrivoltaics or dual-use solar practices that have not yet been developed. Restrictions on panel or array height can negatively impact agrivoltaics practices such as grazing, planting native vegetation, and crop production. Depending on the implementation of these practices and the standards themselves, height restrictions may make dual-use on a solar site impractical or limit which practices can be incorporated on sites.

Depending on the rationale for including height restrictions, officials could consider different setback distances for neighboring properties. This approach can address the concerns of neighboring properties without incorporating standards that limit the incorporation of agrivoltaics.

Sample ordinance—Des Moines County, Iowa 

(See page 7)

Height Restrictions. All measurements shall be taken from the highest point on a panel when it is positioned at maximum vertical tilt.

• The height of any solar array within an Solar Farm Energy System (SFES) shall not exceed fifteen (15) feet.
  • In any instance where the distance a solar array and the nearest occupied dwelling or civic building will be greater than the minimums outlined in Section A of this Article, the maximum height shall be increased by one (1) foot for every two (2) feet at which that distance exceeds the minimum.
    • (Example: The minimum setback for a SFES from an occupied dwelling on a non-participating property is 300 feet. If a SFES increased the setback so it was 310 feet from an occupied dwelling, the maximum height for the SFES would be increased to 20 feet.

Guidance

Incorporating native vegetation or other pollinator habitats at solar sites offers numerous benefits, including enhancing soils, reducing erosion, and creating wildlife habitats. Use of native vegetation or pollinator habitats can also be combined with dual-use and agrivoltaic practices. Allowing a variety of techniques to be used for vegetation management ensures flexibility for dual-use. Developers should be expected to outline vegetation management plans in their project proposal. Officials may also consider criteria or methods for determining appropriate plant mixes for use as integrated vegetation management. One example:

• Mills County’s ordinance requires projects to pass a pollinator scorecard before receiving permit approval. Pollinator scorecards are best used as an evaluator of a vegetation management plan rather than an ultimate decision maker. Counties should encourage the use of scorecards for decision making while making it voluntary for passage. This allows more flexibility for other vegetation management methods like grazing, haying, or other types of agrivoltaics.

Sample ordinance—Mills County, Iowa 

(See page 6)

• A Vegetation Mitigation Plan must be provided to the Building and Zoning Department with the permit application. The Vegetation Plan will be reviewed by the Mills County Zoning Administrator to ensure it meets the Mills County Pollination Score Card requirements meeting an adequate score.
• Ground under and around the solar array shall be planted with a perennial vegetated ground cover as identified in the Vegetation Mitigation Plan.
  • The ground cover plan shall be developed in accordance with the following standards:
    • Avoid removal of topsoil to maximum extent possible during development and decommissioning unless part of a remediation effort. The area shall be planted and maintained, per the Vegetation Mitigation Plan, in perennial vegetation for the full operational life of the project to prevent erosion, manage runoff and build soil. The Ground Cover Plan must include management methods and schedules for how the vegetation will be managed on an annual basis, with the particular attention given to the establishment period of approximately three (3) years. The plan must include provisions for replacement of any required vegetation cover that fails to establish or dies during the life of the project.
    • Plant materials for the ground cover area must not have been treated with systemic insecticides, particularly neonicotinoids.
    • The application and Vegetation Mitigation Plan shall include the proposed seed mix specifications and growth guidelines to follow.
    • Seeding zones and their selected seed mixes should be clearly mapped on a site plan.
    • Seed and/or planting mixes and maintenance practices should be consistent with recommendations made by qualified natural resource professionals, such as those from a state department of natural resources, county soil and water conservation services, or natural resource conservation service.
    • Reporting to the County on ground cover management and maintenance activities shall be on an annual basis for a minimum of five (5) years after which point reduced frequency can be requested and approved at the discretion of the Zoning Administrator.
    • At the discretion of the Zoning Administrator, other practices such as small-scale farming, bee keeping operations or grazing may be allowed in the ground cover area as part of the conditions.

Guidance

Ordinances should include a requirement for an operations and maintenance plan to ensure proper procedures are adhered to throughout the continued operation of projects. While plans can be required, the specific details or restrictions regarding plans should be flexible to avoid restricting dual-use practices.

• Counties may specify additional information requirements related to dual-use practices to be included in operations and maintenance plans submitted by solar owners or operators. Potential additional information includes specific details covering anticipated dual-use or agrivoltaics practices that will be incorporated on sites and their intended purpose for ongoing operations or maintenance.
• Example information on dual-use and agrivoltaics practices that could be included in operations and maintenance plans:
  • Use of specific plants or seed mixes to provide vegetation management or pollinator habitat
  • Crops that may be planted onsite or beneath panels
  • Vegetation management strategies that include livestock grazing, including conditions for site access contracted graziers and specific livestock that will be allowed to graze onsite

Sample information to include in Operations and Maintenance plans–New York Solar Guidebook for Local Governments

(See page 188)

• An Operation and Maintenance Plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming.
  • In addition to long-term maintenance, the Operation and Maintenance Plan should present plans for dual-use on the site, including the crops that will be produced and a project-specific strategic grazing management plan of 3-to-7-year duration for the class(es) of livestock intended for the solar project. The grazing management plan should address herd size, forage availability, time of year, acreage to be grazed, weather conditions, and producer requirements. The Operation and Maintenance Plan should also place restrictions on the use of fertilizer or herbicide for long-term operation and site maintenance and should provide for scheduled upkeep of screening vegetation planted as part of the screening and visual impact mitigation plan.

Sample ordinance—Kimball County, Nebraska

(See page 69)

Operation

• Materials Handling, Storage and Disposal
  • All solid wastes related to the construction, operation and maintenance of the Solar Energy System (SES) shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
  • All hazardous materials related to the construction, operation and maintenance of the SES shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal regulations.
  • The owner or operator shall submit to the local fire department and/or the Emergency Management Coordinator a copy of the site plan. Upon request by the local fire department and/or the Emergency Management Coordinator, the owner or operator shall cooperate with the relevant agency to develop any emergency response plan. Nothing in this section shall alleviate the need to comply with all other applicable fire laws and regulations.
• Maintenance Plan. The owner or operator shall submit a plan for the operation and maintenance of the solar energy system, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the SES.

Guidance

Officials should require a decommissioning plan as part of the application and approval process to ensure the land will be restored to its previous condition and the associated cost will be covered once a project is no longer in operation. Dual-use sites should consider special mitigation measures to preserve continued or future agricultural uses as part of site restoration.

Sample ordinance—Mills County, Iowa

(See page 10)

Decommissioning and Reclamation Plan: The applicant shall submit a decommissioning plan to the Mills County Zoning Administrator with the conditional use permit application. The Zoning Administrator shall review the plan for completeness and refer it to the Mills County Board of Adjustment for review in conjunction with the conditional use permit and the Mills County Board of Supervisors for final consideration and approval prior to the applicant commencing construction. The plan shall include:

• A description of the life of the Solar Energy System Utility-Scale (SESUS); the anticipated manner which the project will be decommissioned, including plans to recycle components; the anticipated site restoration actions; the estimated decommissioning costs in current dollars and the method for ensuring that funds will be available for decommissioning and restoration.
• Estimates for the total cost for decommissioning at the current value at site as determined by a Licensed Engineer. Decommissioning costs shall take salvage value into account.
• A description of the plan to remove the SESUS and restore the land to its previous use upon the end of the project’s life, as stated in the Conditional Use Permit or as stated in the Mills County Zoning Ordinance.
• Provisions for the removal of structures, debris and associated equipment on the surface and to a level of not less than four (4) feet below the surface, and the timeline/sequence in which removal is expected to occur.
• Referencing the Agricultural Mitigation Section of Chapter 27, Section 12, provisions for the restoration of the soil, vegetation, and disturbed earth, which shall be graded and reseeded and /or the property may be returned to agricultural use. Avoidance of topsoil is preferred. The mitigation plan shall include environmental monitoring at the cost of the developer to be used in returning the project area back to agricultural use. Environmental monitoring will include best practices to address at minimum invasive species prevention, erosion, sediment control and debris removal.
• A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns or heirs and that the landowner has granted permission for access and easements of the property for decommissioning. Verification of the same must be stated in the lease and provided to the Mills County Zoning Administrator.
  • Financial Surety. After the tenth (10th ) year of operation, the applicant, facility owner or site operator shall provide a financial surety instrument to cover the cost of decommissioning in accordance with the following:
    • Decommissioning funds or financial surety shall be in an amount equal to the net cost for decommissioning the site, plus a ten percent (10%) contingency.
    • The financial security fund shall be maintained in the form of cash, certificate of deposit, performance bond, escrow account, surety bond, letter of credit, corporate guarantee or other form of financial assurance acceptable to the Mills County Board of Supervisors. Any document evidencing the maintenance of the financial surety shall include provisions for releasing the funds to the County in the event decommissioning is not completed in a timely manner.
    • Financial security shall be maintained for the life of the project.
    • Every five (5) years, the facility owner or operator shall retain an independent Licensed Engineer to re-estimate the total cost of decommissioning and attest that the value of the financial surety instrument is appropriate. This report shall be filed with the County Zoning Department and the Mills County Auditor. The decommissioning funds shall match the re-estimated cost of decommissioning. Within ninety (90) days of filing the re-estimation report with the County, the facility owner or operator shall cause the fund balance of the financial surety instrument to be adjusted to ensure that it matches the re-estimated decomposition costs. The applicant shall file the approved decommissioning agreement and roads agreement with Mills County Register of Deeds prior to commencing construction.