Please plan to attend the Public Service Commission hearing to let the Public Utility Law Judge know you support the need for Massey Solar to comply with Kent County’s Forest Conservation Land Use Ordinance. 

Massey Solar persists in requesting an exemption from the Forest Conservation Act (FCA).  We are asking the Public Utility Law Judge to adopt the Power Plant Research Program’s License Conditions including: 

 Forest Conservation – Massey Solar shall consult with Kent County to identify mitigation requirements for the Project, consistent with the Kent County Land Use Ordinance Article VI, Section 8 implementing the Forest Conservation Act (FCA). Prior to the start of construction, Massey Solar shall provide documentation to the PSC and PPRP that a Forest Conservation Plan for the Project has been approved by Kent County 

Every individual and business that undertakes construction in Kent County requiring a Major Site Plan (greater than 40,000 sq. ft.) must comply with the Forest Conservation Ordinance (FCO). This out of state corporation maintains that because they require a Certificate of Public Convenience and Necessity (CPCN), the PSC should grant them special privileges – an exemption from the FCO – that is not available to everyone else. 

The Kent County Comprehensive Plan specifically states as a strategy that:  Kent County “Retain and expand riparian forest and large forested areas through implementation of forest conservation regulations and education.” The Forest Conservation Act Land Use Ordinance is listed as one of the important ways to achieve this goal.

The Watershed Implementation Plan (WIP) on file with the Maryland Department of the Environment uses the FCO of Kent County as one of the best management strategies for reduction of the Total Maximum Daily Load (TMDL). 

Community Energy Inc. (Massey Solar’s parent company) started the process for this project with the full understanding of the requirements of the Kent County Land Use Ordinance, including the FCO.   Community Energy Inc. needs to be a responsible contributing business by either implementation of easements on retained forests, afforestation, reforestation or payment in lieu on their Massey Solar Project.