Name: Matrix Solar
Address: US
Price range: $$

Maryland has among the nation's strongest agricultural land preservation programs, protecting over 500,000 acres through various mechanisms. These programs significantly impact solar development potential, and landowners must understand the restrictions, compatibility issues, and potential conflicts before pursuing solar leases. Properties enrolled in the Maryland Agricultural Land Preservation Foundation (MALPF), conservation easement programs, or agricultural preservation districts face specific limitations on solar development - some properties are completely prohibited from hosting solar farms, while others may qualify under certain conditions. This comprehensive guide explains all Maryland agricultural preservation programs, their relationship to solar development, how to determine if your preserved land can host solar projects, and alternative options if direct solar leasing is restricted.

Understanding Maryland's Agricultural Land Preservation Framework

Maryland has been a national leader in farmland preservation since establishing the Maryland Agricultural Land Preservation Foundation (MALPF) in 1977. The state's multi-layered approach includes permanent easements, voluntary districts, tax incentives, and county programs, collectively protecting over 500,000 acres - approximately 25% of Maryland's farmland.

These preservation programs were designed to prevent residential and commercial development, maintaining agricultural land for food production. However, the rise of renewable energy has created tension between preservation goals and clean energy development. Solar farms generate income similar to traditional agriculture but fundamentally change land use. Understanding how preservation programs treat solar development is essential for landowners considering their options.

Maryland Agricultural Land Preservation Foundation (MALPF)

MALPF is Maryland's cornerstone farmland preservation program. Landowners voluntarily sell permanent agricultural preservation easements to the state, receiving payment based on land value in exchange for agreeing never to develop the property for non-agricultural uses.

How MALPF Works:

Permanent easement: Development restrictions last forever, binding all future owners
Payment to landowner: State purchases development rights at fair market value (typically $2,000-$6,000 per acre depending on location)
Continued ownership: Landowner retains title and can sell, lease, or pass property to heirs
Agricultural use required: Land must remain in active agricultural production
Limited development rights: Landowner retains rights for farm buildings, residences, and agricultural structures only

MALPF Solar Development Policy:

MALPF currently takes a restrictive stance on commercial solar development, viewing utility-scale solar as inconsistent with agricultural preservation goals.

Commercial solar generally prohibited: Utility-scale solar farms for off-site power generation typically violate MALPF easement terms
On-farm solar permitted: Solar installations directly supporting farm operations (powering barns, irrigation, refrigeration) allowed if under 2 MW
Size limitations: On-farm systems limited to footprint of 10 acres or less
Agricultural nexus required: Solar must serve documented farm energy needs
MALPF approval necessary: Even permitted solar requires prior MALPF Board approval
Removal requirement: If farming ceases, solar equipment must be removed

Critical Point: If you have MALPF-protected land, assume commercial solar leasing is not an option unless you receive explicit written approval from MALPF after demonstrating the solar serves on-farm agricultural purposes. Entering solar leases without approval can result in easement violations, legal action, and requirement to repay MALPF funds plus interest.

Recent MALPF Solar Policy Discussions:

Maryland has debated modifying MALPF rules to accommodate limited solar development, recognizing both clean energy goals and farmland preservation values. However, as of 2025, no major policy changes have been implemented.

Proposed pilot programs allowing solar on portion of MALPF properties remain under consideration
Some advocate for allowing solar on up to 10-15% of preserved acres while maintaining agricultural use on remainder
Opposition argues solar fundamentally contradicts preservation program intent
Legislative proposals have not advanced to law as of January 2025

Conservation Easements and Solar Development

Conservation easements are voluntary agreements restricting land use to protect natural resources, agricultural land, or historic features. Unlike MALPF's standardized easements, conservation easement terms vary significantly based on the specific deed, making each property unique.

Types of Conservation Easements in Maryland:

Maryland Environmental Trust (MET): State agency holding easements focused on conservation values
Land trusts: Private non-profit organizations (e.g., Maryland Agricultural Land Trust, local land trusts)
Federal easements: USDA programs including Agricultural Conservation Easement Program (ACEP)
Local government easements: County or municipal conservation programs

Conservation Easement Solar Restrictions:

Whether solar is permitted under a conservation easement depends entirely on specific deed language. Common scenarios include:

Restrictive Easements (Solar Prohibited):

Easement explicitly prohibits "industrial uses," "commercial energy generation," or "utility facilities"
Purpose statement emphasizes preserving scenic character, limiting visible infrastructure
Restrictions on building coverage that would prohibit solar footprint
Result: Commercial solar farms not permitted regardless of agricultural compatibility

Moderate Easements (Limited Solar Possible):

Easement allows "agricultural uses" with broad definition
No explicit prohibition on commercial activities
Easement holder has discretion to approve compatible uses
Result: Solar may be permitted if holder agrees it supports conservation purposes, typically limited to small percentage of property

Flexible Easements (Solar Potentially Allowed):

Easement explicitly allows "renewable energy generation" or anticipates solar
More recent easements drafted with clean energy considerations
Easement holder actively supportive of compatible solar development
Result: Commercial solar possible with approval, subject to size and location restrictions

Process for Seeking Solar Approval Under Conservation Easement:

Review easement deed thoroughly: Obtain copy from land records and identify specific use restrictions and approval processes
Contact easement holder: Reach out to organization holding easement to discuss solar possibility
Submit formal proposal: Provide detailed solar project plans including size, location, visual impact, agricultural compatibility
Holder evaluation: Easement holder assesses proposal against easement terms and conservation purposes
Approval or denial: Holder issues decision, often with conditions if approved (size limits, screening requirements, etc.)
Easement amendment if needed: May require formal amendment to easement deed, which must be recorded

Timeline Warning: Securing approval under conservation easement can take 6-12 months or longer. Easement holders carefully evaluate proposals and often require multiple revisions. Never sign solar lease before obtaining written easement holder approval.

County Agricultural Preservation Programs

Many Maryland counties operate their own agricultural preservation programs supplementing state efforts. County programs vary significantly in structure and solar policies.

County-Specific Preservation and Solar Policies:

Howard County

Program: Agricultural Land Preservation Program purchasing easements
Solar policy: Generally prohibits commercial solar on preserved land
On-farm solar: Limited systems for farm use may be approved case-by-case

Frederick County

Program: Robust county easement program with over 50,000 preserved acres
Solar policy: Exploring policy changes to allow limited solar on preserved land
Current status: Commercial solar generally not permitted pending policy development

Carroll County

Program: Agricultural Preservation Advisory Board administers county program
Solar policy: Restrictive stance on commercial solar in preserved areas
Alternatives: County encourages solar on non-preserved agricultural land

Harford County

Program: Rural Legacy and county easement programs active
Solar policy: Solar on preserved land evaluated case-by-case based on easement terms
Success factors: Small-scale solar paired with continued farming most likely to gain approval

Montgomery County

Program: Agricultural Reserve with strict preservation rules
Solar policy: Very limited solar permitted, strong preservation emphasis
On-farm exception: Small solar installations serving documented farm needs only

Determining If Your Preserved Land Can Host Solar

Follow these steps to determine whether your preserved property is eligible for solar development:

Step-by-Step Assessment Process:

Identify preservation status: Check county land records, contact county planning department, or review your settlement documents to determine if property is under MALPF easement, conservation easement, or other preservation program
Obtain easement documents: Get complete copy of easement deed from county land records (typically available online or at county courthouse)
Review use restrictions: Carefully read all provisions relating to "permitted uses," "prohibited uses," "agricultural activities," and "commercial activities"
Identify easement holder: Determine which entity holds and enforces the easement (MALPF, land trust, county, federal agency)
Research holder's solar policies: Check holder's website or contact them to ask about solar development policies and precedents
Consult attorney: Have experienced real estate attorney review easement and advise on solar feasibility
Submit preliminary inquiry: If solar appears possible, submit preliminary inquiry to easement holder before investing significant time or money

Financial Implications of Preservation Programs for Solar Development

Preservation easements significantly impact property economics and solar development potential.

Value Considerations:

Easement payment received: Landowners received $2,000-$6,000+ per acre when selling development rights to MALPF
Repayment obligation: If easement is violated or removed, landowner must repay MALPF plus interest (significant cost)
Reduced property value: Preserved land typically worth 30-50% less than unrestricted land due to use limitations
Lost solar income: If commercial solar prohibited, landowner cannot access $800-$1,200+ per acre annually that solar would generate
Tax benefits: Preserved land assessed at agricultural use value, resulting in lower property taxes

Financial Example - 100 Acre MALPF Property:

Original MALPF payment received (@ $4,000/acre):$400,000
Annual solar income if permitted (@ $1,000/acre):$100,000/year
25-year solar income potential:$2,500,000
Opportunity cost if solar prohibited:$2,500,000

This illustrates why some preserved landowners seek policy changes allowing limited solar development to capture renewable energy income while maintaining most land in agricultural production.

Alternative Solar Options for Preserved Land Owners

If your preserved land cannot host commercial solar, several alternatives allow you to benefit from solar energy and renewable income.

1. On-Farm Solar for Agricultural Operations

Small-scale solar systems directly serving farm energy needs are typically permitted under preservation easements.

System size: Usually limited to 2 MW or less, often much smaller
Energy use: Must power documented farm operations (irrigation, cold storage, dairy operations, greenhouses)
Financial benefit: Reduces farm electricity costs by $5,000-$50,000+ annually depending on size
Approval process: Submit plans to easement holder showing agricultural nexus
Financing: May qualify for USDA REAP grants covering up to 50% of costs

2. Community Solar Subscriptions

Maryland's community solar program allows residents to benefit from solar without installing on their property.

How it works: Subscribe to portion of off-site solar farm, receive credits on utility bill
Savings: Typically 5-15% discount on subscribed solar generation
No installation: No equipment on your property, no easement issues
Flexibility: Can cancel subscription if needs change
Availability: Growing number of community solar farms across Maryland

3. Solar Development on Non-Preserved Adjacent Property

If you own both preserved and non-preserved land, develop solar on unrestricted parcels.

Strategic planning: Use preserved land for agriculture, non-preserved for solar income
Maximizes value: Captures both preservation benefits and solar revenue
No easement conflicts: Solar lease only on unrestricted land
Shared infrastructure: May share access roads, utilities reducing costs

4. Agrivoltaics (Dual-Use Solar and Agriculture)

Emerging approach combining solar generation with continued agricultural production on same land.

Elevated panels: Solar panels mounted 8-12 feet high allowing farming or grazing underneath
Crop selection: Shade-tolerant crops can thrive under panels (certain vegetables, herbs, berries)
Livestock grazing: Sheep grazing under solar panels provides vegetation management
Preservation compatibility: May satisfy "continued agricultural use" requirements if properly implemented
Higher costs: Elevated panels more expensive than standard ground-mount
Emerging approval: Some easement holders open to agrivoltaics where traditional solar prohibited

5. Advocate for Policy Changes

Join efforts to modernize preservation programs to accommodate limited renewable energy development.

Contact legislators: Support bills allowing solar on percentage of preserved land
Work with farm organizations: Maryland Farm Bureau and others advocating for balanced policies
Attend MALPF meetings: Public comment opportunities at MALPF Board meetings
Pilot programs: Volunteer for pilot programs testing solar compatibility with preservation goals

Case Study: Navigating Preservation Restrictions

Understanding real-world examples helps illustrate challenges and solutions for preserved land owners.

Example 1: MALPF Property - On-Farm Solar Success

Situation: 200-acre MALPF dairy farm in Frederick County with $40,000 annual electricity costs for refrigeration and milking operations.

Solution: Installed 500 kW solar system (approx. 3 acres) sized to farm's energy consumption. MALPF approved based on documented agricultural energy needs and small footprint relative to total farm.

Result: Farm reduced electricity costs by 80%, saving $32,000 annually. Solar installation permitted under MALPF as supporting active agriculture. System financed through USDA REAP grant (50% cost share) and agricultural loan.

Example 2: Conservation Easement - Denied Commercial Solar

Situation: 150-acre property in Carroll County under Maryland Environmental Trust easement prohibiting "industrial uses." Landowner approached by solar developer offering $120,000 annual lease.

Outcome: MET denied solar proposal, citing easement language explicitly prohibiting commercial energy generation and industrialization of agricultural land.

Alternative: Landowner participated in community solar program, subscribing to 100 kW allocation saving $1,200 annually on electricity bills - not equivalent to solar lease income but providing some renewable energy benefit.

Example 3: Mixed Property - Strategic Solar Placement

Situation: 300-acre farm with 200 acres under MALPF easement, 100 acres unrestricted. Family wanted to supplement farm income with solar revenue.

Solution: Leased 75 acres of unrestricted land for solar farm generating $75,000 annual income. Continued farming 200+ acres under MALPF protection. Used solar income to support farm operations and hire additional labor.

Result: Family maximized property value by using preserved land for agriculture (with tax benefits) and unrestricted land for solar revenue. No easement conflicts, achieved diversified income stream supporting farm continuation.

Future of Agricultural Preservation and Renewable Energy in Maryland

Maryland faces competing goals: preserving farmland for food production and meeting aggressive renewable energy targets. Policy discussions continue on how to balance these objectives.

Potential Policy Developments:

Partial solar allowance: Proposals to permit solar on 10-20% of preserved acreage while maintaining agriculture on remainder
Agrivoltaics standards: Development of guidelines allowing dual-use systems combining solar and farming
Solar setbacks from preserved land: Alternatively, prohibit solar immediately adjacent to preserved farmland to maintain agricultural character
Tiered approach: Allow more solar on lower-quality preserved land, strict limits on prime soils
Revenue sharing: Solar lease payments could partially fund additional farmland preservation

As climate goals and agricultural preservation both remain priorities, Maryland will likely continue refining policies. Landowners should stay informed about regulatory developments and participate in policy discussions affecting their properties.

Questions about solar on preserved farmland?

Matrix Solar has extensive experience navigating Maryland's agricultural preservation programs and can help determine if your property qualifies for solar development despite preservation restrictions.