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4.b 3 DNR Guidance Siting Solar Power Facilities in Shoreland 061617DNR Guidance on Siting Solar Power Facilities in Shorelands — 6-16-17 Guidance Applicability This guidance applies to facilities generating solar power intended for off-site use. These include solar gardens (consistent with Minn. Statutes 216B.1641), solar farms, and utility scale facilities. These are principal uses. Under Minn. Statutes, §216E, facilities generating SO MW or more require a permit from the Public Utilities Commission. Project less than 50 MW typically need a conditional use permit from the local government. Because of their smaller size (1- 5 MWs), solar gardens are reviewed and permitted by local government. This guidance does not apply to facilities designed to provide power primarily for the on-site primary use but where excess power may be sold back to the grid. This type of on-site power generation is considered an accessory use and should be regulated through a local permit. See model solar ordinance for ideas on how to regulate these facilities, and ensure that applicable shoreland standards are met: • Structure setbacks from the ordinary high water level and bluffs • Impervious surface limits • Vegetation management requirements • Prohibition of structures in the shore impact zone, bluff impact zone, and on steep slopes • Height limits in cities Natural Resource Considerations Given the many positive benefits of using the sun's energy as a sustainable source of power, there are a number of natural resource considerations in siting solar power facilities in shorelands and other natural resource areas. Solar power facilities, or "photovoltaic generating sites," require a large footprint and compete for space with natural areas. In the big picture, it is not sustainable to replace existing natural areas with power generating facilities. It is best to locate solar facilities in areas already affected by humans and cleared of natural vegetation including landfills, over parking lots, on rooftops, land in row cropping and old mining sites. The shoreland rules were developed in 1989, long before solar power became a feasible energy source, and thus do not directly address this land use. The following guidance is provided for communities exploring how to deal with solar facilities in shorelands. Shoreland Rule Requirements Applicable to Solar Power Facilities (MR, parts 6120.2500 - .3900): • Prohibit on Natural Environment Lakes and Remote, Transitional, and Agricultural Rivers. The shoreland rules prohibit industrial uses on lakes and rivers with these shoreland classifications. Solar power generation fits within the shoreland rule definition of industrial use — "the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesales items." Communities can either apply this interpretation in administering their existing shoreland ordinances, or, if they want more clarity, can amend their ordinances by adding a specific prohibition of solar power facilities. • Allow with a CUP on General Development and Recreational Development Lakes, and Urban, Forested, and Tributary Rivers. The shoreland rules only allow industrial use through a conditional use permit (CUP) on lakes and rivers with these shoreland classifications. Communities should consider amending their ordinances to add in specific criteria to assess and evaluate the compatibility of solar power facilities in these shorelands. Criteria should include a determination that there will be no negative impact on: o native prairies, o lakes, rivers, and wetlands, o state -listed endangered or threatened species, or o other valuable resources important to the community. If a community decides to allow solar power facilities in these areas as a conditional use, the following conditions should be considered: o The site must have been previously cleared of natural vegetation to serve some other use and be in some other use for a significant period of time — no intensive clearing allowed to site solar facilities. A specific "waiting time" should be determined to avoid vegetation clearance just prior to a solar generation application. o All structures and facilities must meet structure setbacks and no impervious surfaces in the shore impact zone. o No placement of structures and facilities on slopes over 12% o Runoff rate and volume from the site is no greater than if land were covered with 25% impervious surface for a two-year event. o All structures and facilities must be screened from view of public waters through specified limits on structure height, use of vegetation or combination thereof. o Native vegetation must be planted on the site wherever practical to provide habitat. o Use of best management practices for managing erosion control. o Site designed to minimize impact on habitat and wildlife movement. Communities are encouraged to contact the DNR for help in assessing impacts to these natural resources and in designing facilities that minimize impacts on natural vegetation and wildlife. See the Minnesota DNR Guidance for Commercial Solar Proiects. 2016. Communities can be more restrictive than the statewide minimums and may choose to prohibit solar power facilities on ALL lakes and rivers in their jurisdiction. It is ultimately up to each community to decide which approach to take. Local governments should consult their attorneys/legal staff on the best approach. If a community elects to amend its shoreland ordinance to more clearly address solar power facilities, all shoreland ordinance amendments must be submitted to the DNR for review and approval to ensure substantial compliance with state shoreland rules. Communities are encouraged to engage their area hydrologist as early in the amendment process as possible. Solar Projects in River -Related Land Use Regulatory Programs Solar facilities generating power for off-site use are prohibited in the Lower St. Croix Riverway and most of the six Wild and Scenic River districts. Solar facilities located in wild and scenic river districts within city boundaries existing at the time of wild and scenic river designation should be consistent with the guidance described above for the Shoreland Program.