After languishing for three years, a large solar facility in Kent County is finally moving forward.
Three years ago, power company Calpine presented Kent County Levy Court with a plan for a 100-plus acre solar site in the county. Levy Court tabled the proposal.
Since then, county lawmakers banned utility-scale solar projects in agricultural zones, and the county won a case in Delaware’s Supreme Court related to another solar facility the county allowed several years ago.
Because Calpine applied to build its project before the zoning laws were changed, it is still allowed, although it’s the last of its type commissioners will see.
“It does meet all the criteria for approval," Kent County Planning Director Sarah Kiefer told commissioners. "The applicant had also, when they submitted it, included a lot of the conditions Levy Court was considering at that time.”
Those conditions include larger buffers and a site reclamation plan. While some commissioners seemed reluctant to move the project forward, they acknowledged the project was permissible under the laws at the time.
“Well, though I don't like solar the way we were doing it, this is the last one of this magnitude," said Commissioner Allan Angel. "So we’ve got to follow the rules and regulations that we put in place.”
Levy Court also added a condition from Commissioner Paul Hertz to require a third party for any future site remediation.
The measure passed with six votes in favor. Commissioner Terry Pepper did not vote.
Calpine also ran into trouble with Dover city officials in 2023, when the city council denied an annexation request from the energy company.