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An out-of-state energy developer is facing a civil fine of more than $200,000 after regulators found that heavy runoff generated during the construction of a solar farm in Fryeburg polluted nearby streams and wetlands.

According to its proposed agreement with the state, New Jersey-based Fryeburg Solar jumped the gun in 2021 by starting work at the 45-acre site before it got final approvals and demonstrated that it could afford to decommission the facility if needed.

State inspectors found construction crews exposed more land at one time than allowed, failed to maintain erosion controls and winter construction standards and let sediment and soil runoff pollute wetlands, streams, properties and nearby Lovewell Pond.

The runoff problems began in 2021 and, despite repeated state inspections, violations persisted. The Maine Department of Environmental Protection cited Fryeburg Solar in October 2022 and the underlying landowners in August 2023.

As solar farms spread across rural Maine, the proposed settlement highlights the ecological risks of the burgeoning market. It is also a warning for rural landowners that they may be on the hook if their solar tenants breach environmental laws.

Following legislative changes encouraging community solar, dozens of 5-megawatt arrays were fast-tracked across rural Maine. The land clearing has often collided with the steep topography and long mud seasons, making erosion control a recurring friction point.

Under Maine law, soil discharged into state waters is deemed a pollutant, and inspectors tracked mud plumes flowing toward Lovewell Pond, which is a key recreational, fishing and boating hub in Oxford County.

In late 2022, DEP ordered Fryeburg Solar to implement a state-approved plan to remove the soil and replant wetland vegetation. The developer used a special vacuum system to extract sediment from the 1,717 linear feet of streams and just under an acre of impaired wetlands.

In December 2025, DEP declared the restoration a success and began drawing up a civil penalty of $204,499. Because the amount exceeds $50,000, DEP must report the fine to the IRS, which means Fryeburg Solar won’t be able to write the payment off as a business expense on its taxes.

If approved, the Fryeburg Solar deal will be the sixth consent agreement of 2026, records show.

Fines for the other five range from as low as $1,654 for a homeowner who used driveway gravel to maintain his China Lake boat launch to more than $284,000 for a Milford homeowner who built a driveway over a stream that provided high-value habitat for waterfowl and wading birds.

Procedurally, violators entering a consent agreement must send their penalty payment to DEP before a proposed deal can be considered by the Board of Environmental Protection, said agency spokesman Dave Madore. That won’t happen until after a public comment period ends Nov. 2.

A spokesman for Nautilus Solar, Fryeburg parent company, said a check was mailed on Sept. 26.

“We took those matters seriously and worked closely with the (state), environmental consultants and contractors to address the concerns and implement corrective actions,” the spokesman said in an emailed statement.

The state is not requiring the five individual landowners to pay a civil penalty, but being cited in the settlement can create disclosure requirements during property sales and complicate refinancing.