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Forum on Solar Energy Siting and Permitting in NC

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Discussion on considerations and best practices for permitting and siting of solar energy facilities.

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Forum on Solar Energy Siting and Permitting in NC

  1. 1. Welcome, and thank you for your participation!
  2. 2. Thanks to our Sponsors and Partner!
  3. 3. Forum on Solar Energy Siting and Permitting in North Carolina Bringing government, industry, and the public together to make North Carolina a leader in solar energy development Michael Fucci MPP Candidate, Duke University NC Sustainable Energy Association, Fucci@EnergyNC.org Office: (919)-832-7601 x132 Miriam Makhyoun Manager of Market Intelligence, NC Sustainable Energy Association Miriam@EnergyNC.org Office: (919)-832-7601 x114 Tommy Cleveland, PE Solar Energy Engineer North Carolina Solar Center Tommy_Cleveland@ncsu.edu Office: (919)-515-9432
  4. 4. NC Registered Solar PV Megawatts (MW) of Registered Solar PV Capacity in North Carolina Expected Online from 2006-2012 Expected Capacity Year Online MW DC (a) Number of Solar PV System Capacity Systems 10 kW or Less Greater than Greater than 10 kW 1 MW and 500 and through 500 Greater under 1 MW kW 2006 0.26 24 22 2 0 0 2007 0.32 54 50 4 0 0 2008 5.49 116 105 7 1 3 2009 25.88 197 167 24 1 5 2010 28.43 351 283 57 2 9 2011 91.59 505 379 107 6 13 2012 TOTAL 407.45 559.42 638 1,885 483 1,489 64 265 13 23 78 108 Notes: (a) Solar PV systems produce electricity in direct current (DC), which is converted by inverters to alternating current (AC), the typical current used throughout the U.S. electric grid. As a result, it is normal industry practice to report solar PV capacity in DC units. For the purpose of this report, for systems registered with AC capacity and an unknown DC capacity an 84% derate factor was assumed. 500 MW produces 717,300 MWh a year—enough to power over 59,775 homes! This equates to the displacement of 44,829 tons of CO2 equivalent a year or the planting of 224,145 trees per year! 21 Sources: North Carolina Utilities Commission, Carbonify, National Renewable Energy Laboratory System Advisor Model
  5. 5. Who We Are Public Policy - Market Intelligence - Education 501(c)3 nonprofit founded in 1978 No direct state appropriations, nor federal funding Membership organization of individuals, businesses, government and nonprofits Team of expert staff, volunteers and Board of Directors Statewide presence For more info visit: ENERGYNC.ORG 5
  6. 6. About the NC Solar Center Advancing Renewable Energy for a Sustainable Economy • Created in 1988, operated by the College of Engineering at NCSU • Sponsored by the N.C. State Energy Office, the U.S. DOE, and the NC Solar Center Foundation. • Serves as a clearinghouse for solar and other renewable energy programs, information, research, technical assistance, and training for the citizens of North Carolina and beyond.
  7. 7. Agenda • Legal: Katherine E. Ross/Associate, Parker Poe Attorneys • Planning: Ken Krulik, Planning Director, Warren County Planning, Zoning & Code Enforcement • Geotechnical/Environmental: Ryan Conchilla, Environmental Project Manager, ECS Carolinas • Agriculture: Paul Sherman, Air & Energy Programs Director, NC Farm Bureau Federation • Forestry: Mark A. Megalos, Extension Associate Professor, NC State University, College of Natural Resources • Break and Refreshments • Panel Discussion: Katherine Ross, Ryan Conchilla, Paul Sherman, Ken Krulik & Frances Bisby (Landowner of Leased Solar Project) • Final Thoughts
  8. 8. Future Fora Public Forum # 2: Tuesday, June 27, 2013 | 4:00 PM - 7:45 PM Proximity Hotel, 704 Green Valley Road Greensboro, NC 27408 Public Forum # 4: Thursday, August 8, 2013 | 4:00 PM - 8:00 PM, The Venue, 21 N Market St Asheville, NC 28801 Public Forum # 3: Tuesday, July 16, 2013 | 4:00 PM - 8:00 PM Carolina Civic Center, 315 North Chestnut Street Lumberton, NC 28359 Public Forum # 5: Charlotte – late October, location TBD
  9. 9. Forum Objectives • What today is: • Discussion on considerations and best practices for permitting and siting of solar energy facilities • What today is not: • A forum to discuss case-by-case issues pertaining to leasing, contracts, financing, etc.
  10. 10. Solar Thermal vs. PV Thermal • Heats water instead of creating electricity • Slightly thicker panels than PV Photovoltaic (PV) • Converts sunlight into electricity
  11. 11. Different Project Types 6.4 MW Project on Fuquay Farms, NC- Strata Solar 4 kW rooftop solar array- Morganton, NC 1 MW commercial rooftop project on an IKEA in Charlotte, NC- Strata Solar
  12. 12. Wake Co. Examples 1. Residential Rooftop • 2 kW • 8-10 panels 2. Commercial Rooftop • 974 kW • ~4,000 panels • ~5.8 acres 3. Utility Ground-mount • • • 2.2 MW ~8,800 panels ~13 acres of land 2.2 MW Project in Wake Co.
  13. 13. Solar Photovoltaic Installed Cost per Watt Year ≤5 kW 10-150 5-10 kW (Media kW (Median) n) (Median) 150-1000 kW (Median) >1000 Comparison kW with selected (Median) data 2006 10.00 * * * * $8.70(a) 2007 10.03 * * * * $8.80(a) 2008 8.93 8.76 * * * $8.40(a) 2009 8.48 7.66 7.50 * * $8.10(a) 2010 7.00 6.28 6.02 * * $6.90(a) 2011 6.76 6.03 5.02 4.49 4.35 $6.10(a) 2012 6.27 5.13 4.95 3.75 3.54 *Sources: North Carolina Utilities Commission, North Carolina Sustainable Energy Association a) Barbose et. al, Tracking the Sun, Lawrence Berkeley National Laboratory, 2012
  14. 14. North Carolina Leads in Solar • 501 solar companies, employing about 2,000 people • North Carolina Ranked 6th in nation for solar with 229 MW installed capacity and 5th for annual capacity in 2012 with 132 MW Cumulative Installed Capacity (MW) as of 2012** 2901 California 1097 Arizona 971 New Jersey 403 Nevada Colorado North Carolina 270 229 Massachusetts 198 Pennsylvania 196 Hawaii 191 New Mexico 190 • Mostly from utilityscale projects Source: SEIA/GTM Research “U.S. Solar Market Insight 2012 Year-In-Review
  15. 15. Local Experience Moore County Huntersville • Rejected proposed ordinance regulating solar farm development • Classifies solar into major/minor projects • Creates an effective moratorium on large-scale development • Board disagreed with federal and state subsidies. • Minor- onsite, secondary use • Major- offsite, primary use • Different standards for major/minor projects • Specified location and height requirements for both rooftop and groundmounted systems
  16. 16. Current NC Ordinances • 50 Ordinances on Co. and/or city level • Solar energy not uniformly regulated • Major discrepancies between various county and city ordinances • Makes development more difficult and less attractive to potential investors • Ensure protection of valued ideals NC Ordinance Status General Findings Total Ordinances County Ordinances City Ordinances Zoning District Differentiation Ordinances that specify solar development standards for each zoning district Differentiation of mount type Ordinances that differeniate between freestanding and rooftop systems Height Restrictions Ordinances that specify height restriction Surface Area Restrictions Ordinances explicitly mentioning coverage (roof or ground-mounted) Setback Requirements Ordinances explicitly mentioning solar setbacks 50 16 34 12 11 21 19 22
  17. 17. What is a Template Ordinance? • Creates a unified approach towards solar development • Establishes easily adopted language for local governments to implement • Includes provisions and law that addresses concerns relevant to North Carolina • Makes suggestions to local governments about appropriate regulatory standards for solar development
  18. 18. Key Issues for Regulating Solar 1. Defining Solar • Types of production and consumption 2. Defining Use • Primary, secondary, accessory, etc. 3. 4. 5. 6. 7. 8. 9. Defining Zoning Districts Land-Use Permit Type Setbacks Height Restrictions Surface Area/ Property Coverage Location/Visibility/Fencing
  19. 19. Introducing.. Katherine Ross! Parker Poe Attorneys
  20. 20. Forum on Solar Development & Siting in North Carolina Legal Considerations Katherine E. Ross Parker Poe Adams & Bernstein LLP
  21. 21. Local Government Approvals 21
  22. 22. NC General Statutes  NCGS §§ 153A-340 and 160A-340  The purpose of zoning it to regulate uses.  A use may be allowed by right in certain zones and by permit in others.  The ordinance sets out the standards for granting the permit. 22
  23. 23. Zoning Process Special/Conditional Use Permit 23
  24. 24. Quasi-Judicial  Decision-making board acts essentially as a court of law  Board will conduct evidentiary hearing, then make decision by evaluating evidence against criteria articulated in zoning ordinance  Witnesses are sworn and subject to cross examination  Only consider evidence presented at hearing  Findings must be based on competent, material and substantial evidence  No ex parte communications 24
  25. 25. GENERAL CRITERIA (1) not endanger public health or safety (2) not substantially injure the value of adjoining properties (3) in harmony with the character of the surrounding area (4) meet all required specifications 25
  26. 26. USE SPECIFIC CRITERIA      setbacks screening/fencing height signage decommissioning
  27. 27. A Model Ordinance…  Has no legal authority  Provides guidance to local governments that want to develop siting rules  Provides a model that protects communities and promotes the development of solar facilities  Provides clear, measurable standards
  28. 28. Introducing… Ken Krulik! Planning Director, Warren County Planning, Zoning & Code Enforcement
  29. 29. Forum on Solar Development & Siting in North Carolina May 31, 2013 Warren County, NC Sites and Permitting Review/Process
  30. 30. Warren County, NC …….. • Tier 1 County, predominantly agricultural. • Three incorporated municipalities: Warrenton, Norlina and Macon. • Population of 20,962 with a land area of 444 square miles (15 square miles of water inclusive of Kerr Lake and lake Gaston) . • Rural county with low-population density.
  31. 31. There are TWO Warren Counties….. • Zoned (areas of Kerr Lake & Lake Gaston) and unzoned (everywhere else - minus the Towns of Warrenton and Norlina).
  32. 32. Solar Farm Permit Requirements UN-ZONED AREAS (SIMPLE process) • Apply for and obtain an E-911 address (police, fire and rescue need to know where to go for an emergency). • Development permit ($50.00). • Building permit ($60.00 non-residential electrical permit). • Erosion and sedimentation control plan (permit approval) from NC-DENR Land Quality Section (sites are more than one-acre of land disturbance) – approval letter/permit to the Warren County Planning and Zoning Administrator. • NC-DOT driveway permit – approval letter/permit to the Warren County Planning and Zoning Administrator. • BUT, if a solar farm locates in a zoned area (closest approximate use = “radio, television, microwave towers, electric substations, high voltage power lines, transmission towers cell towers, relay stations, office and studios in conjunction with these”) ……………..
  33. 33. Solar Farm Permit Requirements ZONED AREAS (a little LESS simple) • Permitted (with a zoning permit) in AR zoning districts. • Requires a CU permit (w/BOA approval) in these districts: LB (Lakeside Business), NB (Neighborhood Business), HB (Heavy Business), LI (Light Industrial) and HI (Heavy Industrial). • Apply for and obtain an E-911 address (police, fire and rescue STILL need to know where to go for emergencies). • Zoning permit ($75.00), unless a CU permit required ($250.00). • Building permit ($60.00 non-residential electrical permit). • Erosion and sedimentation control plan (permit approval) from NC-DENR Land Quality Section (sites are more than one-acre of land disturbance) – approval letter/permit to the Warren County Planning and Zoning Administrator. • NC-DOT driveway permit – approval letter/permit to the Warren County Planning and Zoning Administrator.
  34. 34. Solar Farm CU Permit Requirements ZONED AREAS • • • • • • • • • • • • • Towers shall not interfere with normal radio and television reception in the vicinity. Commercial messages shall not be displayed on any tower. Violations shall be considered zoning violations and shall be corrected under the enforcement provisions. Lighting shall not exceed the Federal Aviation Administration (FAA) minimum if lighting is required by the FAA. The lights shall be oriented so as not to project directly onto surrounding residential property, consistent with FAA requirements. Prior to issuance of a building permit, the applicant shall be required to submit documentation from the FAA that the lighting is the minimum lighting required by the FAA. Towers shall be constructed and maintained in conformance with all applicable building code requirements. In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide appropriate Federal Communications Commissioner (FCC) documentation indicating that the power output levels do not exceed federally approved levels. In allowed districts, towers of seventy five (75) feet or more require that a Conditional Use Permit be granted by the Board of Adjustment. The Board of Adjustment may consider variances up to ten percent (10%) of the setback requirements for such towers as a part of the Conditional Use Permit approval. To encourage shared use of towers, no new tower shall be located within one (1) mile of an existing tower. The Board of Adjustment may allow a tower to be placed within one (1) mile of an existing tower upon being presented written documentation that (1) appropriate space on the tower is not available, (2) the new sponsor has made good faith efforts to negotiate an agreement with the owner of the current tower, or (3) equipment currently on the tower is not compatible with the proposed equipment. If the petitioner cannot locate on an existing tower and a new tower has to be constructed, the height of the tower cannot exceed two hundred (200) feet. All new towers shall be constructed to be able to accommodate at least two users so that future co-location will be available. In addition, reasonable accommodation for public service uses is recommended. Towers shall conform to the following dimensional requirements: (1) With the exception of concealed towers, such structures may not be located on top of structures in any residential district. Towers which are located on top of structures in nonresidential districts which are not tower accessory structures shall not be more than seventy five (75) feet above the top of the structure. The structure shall meet the normal setbacks of the zone. (2) Those located on the ground or top of a tower accessory structure are required to incorporate a fall zone buffer which is a land buffer around a tower base to provide for containment of the tower to the site in the event that it falls. To encourage shared use of towers, applications for towers which will operate with more than one user, immediately upon completion may reduce setbacks from adjacent nonresidential property. The setback from adjacent nonresidential property may be reduced by twenty five percent (25%) when two users occupy the tower immediately upon its completion, or reduced by fifty percent (50%) when three or more users commit to occupy the tower immediately upon its completion. However, the required setback distance may not be reduced to less than fifty (50) feet. The reductions do not apply if the tower adjoins a residential zone on any side and a fall zone buffer as identified in this ordinance shall be required. No setbacks shall be required if the tower is to be located on an existing structure, and a fall zone buffer as identified in this ordinance shall be required. Towers (with the exception of concealed towers) where allowed in residential districts shall conform to the following additional setback requirements:: 1) To prevent a clear view of the base of the tower, the setback shall contain an established forested area with a depth of at least one hundred (100) feet . (2) When the one hundred (100) foot forested area requirement note above cannot be met, a natural buffer shall be provided as required in this ordinance. (3) The Board of Adjustment, when deciding the Conditional Use Permit, may reduce the setback adjacent to nonresidential property upon consideration of circumstances which reduce the offsite effects of the tower such as topography, berms, the proximity of other existing or potential uses, and existing vegetation and improvements made to the site to obscure or reduce the visibility of the tower (a fall zone buffer as identified in this ordinance shall be required).. (4) The Board of Adjustment shall not reduce the required setback from adjacent property which has residential use. No outdoor storage yards shall be allowed on tower sites, storage buildings that are secondary and/or incidental to the primary use of the site are allowed within the provisions of the designated zoning category. The base of the tower, any guy wires, and any associated structures, walls or fences shall be surrounded by a landscaped buffer. The developer may have the option of: (1) providing a buffer around the tower base and associated items individually or (2) providing a buffer around the perimeter of the entire site. A ten (10) foot vegetative buffer shall be provided between the tower and the property boundaries in all zones other than residential. In all residential zones, the vegetative buffer shall be a minimum of twenty five (25) feet in width. • ETC, ETC, (more pages in the Zoning Ordinance)………...
  35. 35. Buffer Requirements ZONED AREAS (all uses) • Buffers are those features that preserve existing vegetation and minimize potential erosion by providing a natural buffer ( PB/BOA may allow appropriate existing vegetation to substitute for landscape requirements ). • Buffers are permitted to be located within the setbacks (minimum yards) of the development or individual lot/parcel for the respective zoning district (a buffer is not in addition to the setback requirements). • If a lot or parcel adjacent to new development is vacant, then no buffer is required, except when it’s required for specific protection of natural resources per Warren County regulations and/or NC-DENR regulations. • Between incompatible land uses the developer shall either maintain to the maximum extent feasible a twenty foot (20’) buffer of undisturbed natural area or provide an appropriate level of vegetative replanting as determined by the Planning and Zoning Administrator. • If the new development incorporates a solid wall, opaque wood fence or other approved materials is proposed then a fifty percent (50%) reduction is to be allowed in the depth of the buffer and plant material. • Buffers shall leave space for an ingress /egress and shall be maintained (damage to the buffer shall be remedied within 14 days).
  36. 36. Warren County Solar Farm Locations • Three (one completed, one under construction, one in pre-construction) • Two in the un-zoned areas of the County (had the “easy” process) and one is located in the Town of Warrenton’s ETJ (their authority). • Companies are Strata Solar, LLC and HelioSage. • Two potential additional sites based on property owner inquiries.
  37. 37. Solar Farm Site Locations
  38. 38. Strata Solar US Highway 158 – Warrenton ETJ • All zoning authority/permitting through the Town of Warrenton – R20 District (building permit issued by Warren County). • “Utilities” use requires a special use permit (Warrenton SU #303-BOA approved 5/14/12). • Site is 32 acres leased for the solar farm out of 145 total acres. • 5.58 MW system with 23,520 modules (panels) on mounted racking system (supports are posts driven into ground – avg. 8 ft. depth).
  39. 39. Strata Solar - Airport Road • Warren County development permit, building permit, NC-DENR approval and NC-DOT approval. • Site is 33 acres leased for the solar farm out of 325 total acres. • 5 MW system with 21,660 modules (panels – fewer # due to higher wattage panels) on mounted racking system (supports are posts driven into ground – avg. 8 ft. depth).
  40. 40. HelioSage – Red Hill Loop Road • Warren County development permit, building permit, NC-DENR approval and NC-DOT approval. • Site is approx. 50 acres leased for the solar farm out of 283 total acres. • 5 MW system with 22,000 modules (panels)
  41. 41. Contact Information • Ken Krulik, Planning and Zoning Administrator - Warren County Planning/Zoning and Code Enforcement Department • 252-257-7027 • kkrulik@co.warren.nc.us
  42. 42. Introducing… Ryan Conchilla! Environmental Project Manager, ECS Carolinas
  43. 43. Environmental Considerations During Property Development Presentation to Solar Development and Sitting in North Carolina May 31, 2013
  44. 44. Environmental Considerations During Property Development    Phase I Environmental Site Assessment Wetlands/Streams Delineation Endangered Species/Cultural Resources Review
  45. 45. Hypothetical Site for Development
  46. 46. Phase I Environmental Assessment  First Step in Identifying Environmental Risk  Includes:  Site reconnaissance,  Historical review of property usage  Historical regulatory review  Interviews of knowledgeable persons  Identifies Recognized Environmental Conditions (RECs)
  47. 47. Site Reconnaissance
  48. 48. Historical Property Usage     Review Aerial Photographs City Directories Fire Insurance (Sanborn) Maps Topographic Maps
  49. 49. RECs Associated with “Undeveloped Properties”  Underground and Above Ground Storage Tanks (USTs/ASTs): Fueling trucks and tractors  Heating oil  Propane tanks   Chemical Storage and Usage   Garage or Mechanical Areas   Pesticides and herbicides Oils, grease, hydraulic fluid, parts cleaners Farm Trash “Dump”
  50. 50. RECs Associated with “Undeveloped Properties”  USTs and ASTs
  51. 51. RECs Associated with “Undeveloped Properties”  Drums/Buckets
  52. 52. Time and Budget   Phase I ESA- 3 Weeks $1,800 to $25,000 Depending on Size and Location
  53. 53. Wetlands/Streams
  54. 54. Hypothetical Site for Development
  55. 55. Stream Determination What is a Stream? Ordinary High Water Mark (OHW)  Defined Bed and Bank  Aquatic Habitat  Flowing Water 
  56. 56. Stream Determination
  57. 57. Identification Of Wetlands What Defines a Wetland?  Hydrophytic Vegetation  Wetland Hydrology  Hydric Soils
  58. 58. Identification Of Wetlands
  59. 59. Hydric Soil
  60. 60. Regulations Nationwide Permit Pre-1997 1 to 10 acres of wetlands 1997-2000 Up to 3 acres of wetlands and up to 500’ of stream 2000+ Up to 1/2 acre of wetlands and up to 300’ of stream
  61. 61. Impact On Development
  62. 62. Impact On Development
  63. 63. Impact On Development Before 1997
  64. 64. Impact On Development 1997-2000
  65. 65. Impact On Development 2000+
  66. 66. Other Considerations State Mandated Buffers  Neuse River  Randleman  Jordan  Tar/Pamlico  Catawba  Cape Fear
  67. 67. Cultural Resources
  68. 68. Cultural Resources  State Historic Preservation Office  Mapped Historic Properties  Historic Buildings  Native American Sites  Cemeteries  Required as Part of Stream/Wetlands Permitting  Cannot be Disturbed
  69. 69. Evaluating Cultural Resources  Initial Inquiry with SHPO - 4 Weeks  If Issue – Phase I Archeological  If Findings – Phase II Archeological
  70. 70. Endangered Species
  71. 71. Endangered Species  Federal Endangered Species Act Threatened and Endangered  Plants and Animals   Varies by Geographic Region Red Cockaded Woodpecker  Bog Turtle  Schweinitzii Sunflower  Bald Eagle  Various fresh water Mussels  Carolina Darter 
  72. 72. Evaluating Endangered Species  Review Natural Heritage Program List per County  Identify Potential Habitat  Send Inquiry to U.S. Fish and Wildlife  May Require Full Evaluation
  73. 73. Questions? Thank you!
  74. 74. ECS Values Innovation Expertise Commitment Communication Relationship ECS Carolinas, LLP Geotechnical Engineering – Construction Materials Testing and Special Inspections Environmental Services – Facilities Engineering
  75. 75. Geotechnical Engineering   Why perform a subsurface exploration? Identify conditions which may impact site development • Rock • Groundwater • Soft Soils • Lightweight Silt • Clayey Soils • Existing Fill
  76. 76. Subsurface Explorations  Soil Test Borings
  77. 77. Subsurface Exploration  Split Spoon Soil Samples
  78. 78. ECS Geotechnical Engineering  The following services can be provided for solar panel sites:  Project description;  Field observations to include site conditions, vegetation, subsurface conditions, groundwater, surface water, potential post advancement obstructions;  Field soil classification (USCS – visual manual);  Location of bulk soil sample collection;  Vertical pull-out capacity and lateral load test capacity test data;  Summary of laboratory test results including pH, electrical resistivity, sulfate and chloride content, USCS lab classification, and Atterberg limits.
  79. 79. Geotechnical Engineering  Geotechnical Reporting  Introduction  Exploration Procedures  Exploration Results  Analyses and Recommendations Boring Log
  80. 80. Questions? Thank you!
  81. 81. Introducing… Paul Sherman! Air & Energy Programs Director, NC Farm Bureau Federation
  82. 82. Introducing… Mark Megalos Extension Associate Professor, NC State University, College of Natural Resources
  83. 83. Forestry Considerations: SOLAR CENTER Renewable Energy Association Mark Megalos 5/31/2013
  84. 84. Guiding Principles for Forestry • • • • • • Seek out marginal, Low-productivity sites Focus on Thin, Droughty, Eroded Soils South-facing Slopes, ( SE↔SW) Avoid Wetland and Sensitive Areas Seek out willing landowners Target Poor or non-traditional Wood Market Areas Is there a plan for addressing the Food/Fiber Offset?
  85. 85. Other Considerations for Forestry • BEST MANAGEMENT PRACTICES for W Q • Soil Disturbance– Site plan? – Erosion control plan? • Dealing with Vegetation • Post-production Reclamation • Economics will rule the day!
  86. 86. Understanding the PUV Program • Deferred rates for Productive Land Uses • Ag, Hort and Forestry • 10, 5 and 20 Acre Minimums • Solar must play within that context (examples from recent NC DOR trainings)
  87. 87. Present-Use Value Business Entity Ownership Issue • For property owned by a business entity that may convert some of the property to a solar farm the “principal business” requirement still applies. • So, the income from the farming and solar farm may need to be reviewed to determine if the property still qualifies for present-use value.
  88. 88. Present-Use Value Assuming Property is in PUV • Land that is in present-use value program and the land is sold to a non-qualifying owner the rollback will be due. • Land is no longer in production of agricultural, horticultural or forest land the rollback will be due. This could be any fenced off area or base area of wind turbine.
  89. 89. Solar Farming, Sheep and Present-Use Value • Can sheep and solar farms exist in present-use value? • If the land that is converted to a solar farm and stays in production raising sheep, then our opinion is yes. • This is to be reviewed on a case by case basis. • Other animals may qualify, currently we are only aware of situations where sheep are being used.
  90. 90. What Livestocking is Acceptable
  91. 91. What’s Ag vs. Industrial?
  92. 92. Just to Clarify the Issue. • Solar panels are high enough off the ground for animals to freely graze under. • Fencing is around the perimeter of the solar farm is okay. Fencing which prevents the animals from grazing under the panels is not. • This only relates to production, assuming that all other requirements of PUV have been met.
  93. 93. Solar Farms and Sheep
  94. 94. Solar Farms and Sheep
  95. 95. NO DOUBLE JEOPARDY • Solar Heating and Cooling Systems
  96. 96. Statute 105-277(g) (g) Buildings equipped with a solar energy heating or cooling system, or both, are hereby designated a special class of property under authority of Article V, Sec. 2(2) of the North Carolina Constitution. Such buildings shall be assessed for taxation in accordance with each county's schedules of value for buildings equipped with conventional heating or cooling systems and no additional value shall be assigned for the difference in cost between a solar energy heating or cooling system and a conventional system typically found in the county. As used in this classification, the term "system" includes all controls, tanks, pumps, heat exchangers and other equipment used directly and exclusively for the conversion of solar energy for heating or cooling. The term "system" does not include any land or structural elements of the building such as walls and roofs nor other equipment ordinarily contained in the structure.
  97. 97. Special Thanks to: • David Duty, NC DOR • Michael Brown, NC DOR DOR training materials on the topic: http://www.dornc.com/taxes/property/seminar s/index.html Brown - Solar and Wind Energy Issues Duty - Solar and Wind Energy Issues
  98. 98. 15 Minute Break Panel Discussion is up next!
  99. 99. Final Thoughts… Bringing government, industry, and the public together to make North Carolina a leader in solar energy development Michael Fucci MPP Candidate, Duke University NC Sustainable Energy Association, Fucci@EnergyNC.org Office: (919)-832-7601 x132 Miriam Makhyoun Manager of Market Intelligence, NC Sustainable Energy Association Miriam@EnergyNC.org Office: (919)-832-7601 x114 Tommy Cleveland, PE Solar Energy Engineer North Carolina Solar Center Tommy_Cleveland@ncsu.edu Office: (919)-515-9432
  100. 100. Thanks to our Sponsors and Partner!

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