Solar & Battery Regulation & Incentive Programs
Note: This model ordinance was designed to provide guidance to local governments seeking to develop siting rules for large-scale, ground-mounted solar (250 kW and above). While it was developed as part of a cooperative effort involving several state agencies, the model itself has no legal or regulatory authority.
As part of the Green Communities Act (passed in 2008), the Massachusetts Department of Energy Resources (DOER) and the Massachusetts Executive Office of Environmental Affairs (EOEA) developed an “as-of-right siting,”* model ordinance guiding the development of large-scale solar, which is defined as 250 kilowatts (kW) or more.
The model “as-of-right” siting must allow for ground-mounted solar photovoltaic installations 250 kW (DC) or more. An essential part of “as-of-right” siting is the establishment of designated locations. Once the location(s) is (are) designated within a local jurisdiction, a solar development may proceed without the need for any special permits. A standard building permit and compliance with local zoning bylaws is required.
The state model includes the following provisions (these provisions are updated periodically):
The state model also includes provisions regarding utility notification, safety and environmental standards, monitoring and maintenance, solar facility removal requirements, and abandonment. The state model lists documents required for the site plan review, including a location map, a site plan, landscape plans, operation and maintenance plans, proof of liability insurance, a public outreach plan, and all relevant compliance documents (such as building permits and approvals).
For additional information on the model bylaw, see the DOER's Green Communities Grant Program Website.
*As-of-right siting is defined in the model ordinance as "development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to site plan review to determine conformance with local zoning ordinances or bylaws. Projects cannot be prohibited, but can be reasonably regulated by the inspector of buildings, building commissioner or local inspector, or if there is none in a town, the board of selectmen, or person or board designated by local ordinance or bylaw."