Farmland Solar Policy State Law Database

CT Certificate of Environmental Compatibility and Public Need

CT Gen. Stat. § 16-50k (2017)

Provides procedure for securing a Certificate of Environmental Compatibility and Public Need from the Connecticut Siting Council for proposed renewable energy projects greater than 1 MW. Solar arrays less than 65 MW in capacity can be approved by a declaratory ruling. The Dept. of Agriculture must represent in writing that a solar array larger than 2 MW in capacity located and located on prime farmland will not “materially affect the status of such land as prime farmland.”

State: Connecticut Region: New England Type: State Law Categories: Farms, Permitting Array Characteristics: Size

CT Connecticut Siting Council

CT Gen. Stat. § 16-50j (2014)

Establishes the Connecticut Siting Council, which issues certificates of environmental compatibility and public need to new electric generating facilities, inluding solar PV greater than 1MW in capacity.

State: Connecticut Region: New England Type: State Law Categories: Permitting Array Characteristics: Size

Related: CT Gen Stat § 16-50i (Relevant definitions)

CT Connecticut Siting Council Regulations

Regs. Conn. State Agencies §§ 16-50j-38 to 16-50j-40

Connecticut Siting Council regulations governing issuance of a Certificate of Environmental Compatibility and Public Need, required for solar installations greater than 1MW in capacity.

State: Connecticut Region: New England Type: State Law Categories: Permitting Array Characteristics: Size

CT Renewable Energy Generation Sources

CT Gen. Stat.§ 16-244v (2014)

Allows submission of proposals for Class I renewables between 1 and 5MW, with an aggregate capacity limit of 10MW per electric distribution company. Preference is given to “proposals that make efficient use of existing sites and supply infrastructure.”

State: Connecticut Region: New England Type: State Law Categories: Permitting, Renewable Electricity Goals Array Characteristics: Location, Size

MA Green Communities Program

M.G.L. 25A § 10 (2016)

Creates the Massachusetts Green Communities Program, which makes up to $20M of total funding and technical assistance for renewable energy and energy efficiency available to municipalities if 5 criteria are met. Municipalities must agree to reduce municipal energy consumption by 20% over 5 years, pass as-of-right renewable energy zoning ordinances, establish an expedited (1-year) permitting process for renewable energy, consider use of fuel efficient vehicles, and adopt the MA stretch building code for energy efficiency to qualify.

State: Massachusetts Region: New England Type: State Law Categories: Governance, Permitting

MA Model Zoning for the Regulation of Solar Energy Systems

MA Department of Energy Resources (2014)

Model Solar Zoning Bylaw developed by the Massachusetts Division of Green Communities for adoption by municipalities. It defines solar arrays as roof- or ground-mounted and small-scale (up to 1,750 sq. ft of surface area), medium-scale (between 1,750 and 50, 000 sq. ft.), and large-scale (more than 50,000 sq. ft.). It recommends: “In regard to farm properties, rooftops are preferable. If roof space is inadequate nonproductive, non-arable agricultural land is the second choice. Should this also prove infeasible or inadequate a dual use of land design concept could preserve productive farmland by continuing crop production underneath high-mounted and well spaced panels. Finally, if none of these are feasible or they are inadequate the least productive land should be used first to minimize the loss of productive food/crop land.”

State: Massachusetts Region: New England Type: State Law Categories: Farms, Permitting Array Characteristics: Location, Size

NH Model Solar Zoning Ordinance

NHSEA (April 2018)

Model solar zoning ordinance available to assist municipalities in NH with establishing local solar development regulations. Discusses solar development in diverse zones including low-density residential agricultural, high density village zoning, commercial and industrial zones.

State: New Hampshire Region: New England Type: Model Law Categories: Governance, Permitting Array Characteristics: Location

NH Planning and Zoning Purposes

N.H. Rev. Stat. § 672:1 - 674:2 (2019)

Recognizes local government authority over planning and zoning regulation, and declares a statewide interest in energy efficient development patterns, including access to direct sunlight for solar energy uses. Declares that solar and other renewable energy systems shall not be unreasonably limited by use of municipal zoning power or by the “unreasonable interpretation” of such powers except where necessary to protect the public health, safety, and welfare. “Unreasonable interpretation” includes failure of municipal authorities to recognize that renewable energy systems are accessory uses and that prohibition of such accessory uses cannot be inferred from an ordinance that does not specifically address such uses. Also enables municipalities to include an energy section in their master plans.

State: New Hampshire Region: New England Type: State Law Categories: Governance, Permitting Array Characteristics: Location

NH Purposes of Zoning Ordinances

N.H. Rev. Stat. § 674:17 (2011)

Enables municipalities to adopt zoning ordinances designed to encourage installation of solar and other renewable energy systems and to protect access to energy sources by the regulation of orientation of streets, lots and buildings, establishment of height and setback requirements, limitation on height and setback of vegetation, and encouragement of the use of solar skyspace easements.

State: New Hampshire Region: New England Type: State Law Categories: Governance, Permitting Array Characteristics: Location

Related: Subdivision Ordinances

RI Energy Facility Siting Act

RI Gen Laws § 42-98-1 et seq. (2013)

Requires that any major energy project, including electric generating facilities of 40 MW in capacity or greater, obtain a permit from the siting board, which must hold at least one public hearing regarding any proposed project. Other state agencies and political subdivisions act at the direction of the board to render advisory opinions on issues within their expertise.

State: Rhode Island Region: New England Type: State Law Categories: Governance, Permitting Array Characteristics: Size

Related: Energy Facilities Siting Board

RI Model Ordinance Templates: Zoning and Taxation

Office of Energy Resources and Division of Statewide Planning (Feb. 2019)

Provides zoning and taxation templates for municipalities interested in regulating solar energy system development. The zoning template outlines typical siting issues and impacts which should be reviewed and offers guidance for municipalities to consider when approving solar arrays. It also includes an inventory of adopted municipal solar related ordinances in Rhode Island, with links to adopted standards included in Appendix A.

State: Rhode Island Region: New England Type: State Law Categories: Governance, Permitting

Related: Solar Guidance and Model Ordinance

VT Certificate of Public Good

30 V.S.A. § 248 (2019)

Vermont’s central permitting statute that guides the Public Utilities Commission’s issuance of a Certificate of Public Good for new gas and electric purchases, investments, and facilities, including new solar arrays. The permitting process includes consideration of impacts to farmland and a role for the Agency of Agriculture, Food and Markets in evaluating proposed projects.

State: Vermont Region: New England Type: State Law Categories: Farms, Permitting Array Characteristics: Size

VT Decommissioning requirements for facilities subject to 30 V.S.A. § 248 (PUC Rule 5.900)

Vt. Admin. Code 18-1-22C:5.901 (2017)

This rule establishes the standard requirements for the decommissioning of electric generation facilities pursuant to 30 V.S.A. § 248(a)(5). This rule applies to all electric generation, including net-metered ground-mounted solar arrays greater than 15 kilowatts in capacity.

State: Vermont Region: New England Type: State Law Categories: Permitting Array Characteristics: Location, Size

VT Requirements for Petitions to Construct Electric and Gas Facilities Pursuant to 30 V.S.A. § 248 (PUC Rule 5.400)

Vt. Admin. Code 18-1-20:5.400 (2017)

Public Utility Commission rules regarding petitions for a Certificate of Public Good for solar arrays and other electricity generation plants that do not qualify for net-metering.

State: Vermont Region: New England Type: Agency Regulation Categories: Permitting Array Characteristics: Size