New State Solar Permitting Rules Limit Local Control

Report on the Joint Meeting of the Zoning Board of Appeals and Conservation Commission, March 3, 2026

This meeting was held over Zoom and was recorded. (Recording link to be added when available.)

Alex Weisheit, attorney for KP Law, met with members of the Zoning Board of Appeals (ZBA) and Conservation Commission on March 3 to discuss the implications of new solar siting regulations passed by the state as part of the governor’s 2024 Clean Energy Bill. Members of the Planning Board and the Energy and Climate Action Committee, town staff, and interested residents also took part.

The new regulations, which pertain only to large-scale ground-mounted solar arrays producing more than 25 kilowatts, went into effect on March 1, but guidelines for municipalities kick in on October 1. To meet the state’s climate goals, MGL Section 23C. states “Any provision in an instrument relative to the ownership or use of real property which purports to forbid or unreasonably restrict the installation or use of a solar energy system as defined in section one A of chapter forty A or the building of structures that facilitate the collection of solar energy shall be void.”

Of critical importance to municipalities is that all permitting for solar installations and Battery Energy Storage Systems (BESS) must be completed within 12 months of application, or they will be approved by the state’s Energy Facilities Siting Board (EFSB), an independent board supported administratively by the Department of Public Utilities. 

Amherst is nearing the completion of a new solar bylaw, and Weisheit said that KP Law is also preparing a sample bylaw that will incorporate the new regulations. He cautioned that courts have ruled against towns that unreasonably restrict solar installations. He gave the example of a 2022 Supreme Judicial Court ruling against Lexington, because the town only allowed solar to be built on 2% of its land. Beginning in October, all disputes regarding solar siting and BESS will be settled by the EFSB, but Weisheit warned that appeals will be expensive, so it is important to have clear guidelines for municipal boards that meet the state’s requirements.

Towns do have some flexibility in regulating solar and battery sites, Weisheit said. In general, he thought that if a bylaw allowed the structures in at least 50% of zoning districts where they were legally and practically possible either by special permit or by right, it would be accepted by the state. The town may restrict solar arrays in wetlands and to specify dimensional requirements. He has also had success in prosecuting against a solar array built on a sleep slope that led to contamination of a stream due to increased stormwater run-off. He stressed that there must be valid reasons for any restrictions. The same guidelines apply to BESS.

Weisheit gave some reasonable restrictions that were likely to be accepted by the EFSB.

1. Prohibitions in environmentally sensitive areas
2. Limits on clearing vegetation
3. Requirements for mitigation for loss of carbon sequestration from cutting down of forests
4. Reasonable maximum lot size
5. Reasonable screening requirements

Streamlined Permitting for Large-Scale Solar Arrays
The new guidelines mandate that each large-scale solar project needs only a single permit application and will receive a single decision on the permitting within 12 months of filing the application. Each municipality must appoint one official designee who will coordinate the process and issue a decision on projects. Smaller towns can turn this job over to the state. Large-scale solar projects of over 25 megawatts and BESS over 100 megawatts will be the jurisdiction of the state EFSB with some local input allowed.

Weisheit stressed that there is currently no means for waiving the 12-month deadline for issuing a decision on a permit. This means that all relevant boards—ZBA, Conservation Commission, Planning Board, etc.—must complete their deliberation in this time frame or the town will sacrifice its ability to decide.

KP Law should have its bylaw guidelines, which incorporate the new requirements, ready for municipalities to review in the next few weeks. The state is also supposed to issue its detailed guidelines in the next few weeks. 

Solar bylaws should include a community plan, requirements for impact mitigation, when a peer review is required, criteria for approval, existing bylaws for setbacks and dimensional requirements, and a plan to decommission the installation. Weisheit reiterated that it is important to have clear guidelines and a clear process, because appeals of a decision can be very time-consuming and expensive.