Permits and Variances for Solar Panels, Calculation of Impervious Cover

Last updated: August 28, 2018

Program Overview

Implementing Sector:State
Category:Regulatory Policy
State:Maryland
Incentive Type:Solar/Wind Permitting Standards
Eligible Renewable/Other Technologies:Solar Water Heat, Solar Thermal Process Heat, Solar Photovoltaics

Authorities

Name:Md. Land Use Code § 1-401
Date Enacted:05/22/2012
Effective Date:10/01/2012
Name:Md. Land Use Code § 10-103
Date Enacted:05/22/2012
Effective Date:10/01/2012
Name:Md. Land Use Code § 4-210
Date Enacted:05/22/2012
Effective Date:10/01/2012

Summary

In May 2012, Maryland enacted legislation stating that any calculation of "impervious surface" required by state or local authorities as part of a permit or variance relating to zoning, construction, or stormwater may only include the foundation or base supporting the solar panel. The law generally applies statewide, including charter counties and Baltimore City. It does not however apply in a defined "critical area", including the Chesapeake Bay Critical Area and the Coastal Bays Critical Area. The term "solar panel" is not specifically defined, but presumably would include both solar photovoltaic (PV) and solar thermal panels.

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