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DER Permitting and Zoning Practices

MCLI Recommendation: “The United States or individual states might adopt no-permit laws like Germany’s. Germany has a nationwide building law that says no permit is required for solar PV or hot water installations as a matter of principle. This national law supersedes local and state law, and local authorities otherwise have the burden to prove additional requirements are necessary.”

LPDD Recommendation: “The installation of solar PV systems in the United States should be governed by nationwide standards.”

LPDD Recommendation: “States should create technology-driven uniform standards to address electrical, building, and fire requirements for all DG PV installations.

LPDD Recommendation: “Local governments with zoning control should avoid impediments to the development of renewable sources by enacting ordinances to explicitly address solar development instead of requiring applicants to navigate through the uncertainty of general zoning codes.”

LPDD Recommendation: “Local governments should participate in attempts to reduce the soft costs of installing DG solar by simplifying their permitting processes.”

LPDD Recommendation: “State legislatures should help cut costs of deploying all DG thermal technologies by standardizing permitting costs and creating uniform processes, particularly geothermal heat pumps and solar thermal technologies. If statewide statutes are not enacted, state regulatory agencies or outside groups should create model ordinances or best practices for the local level.”

See also: New Buildings, which discusses zoning, building codes, mandatory renewable energy systems, zero net energy or zero net energy ready buildings standards, etc.

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37 resources

Example Local Governments

Seattle’s solar zoning

Seattle’s Municipal Code (2010) allows solar collectors specifically to exceed height restriction by several feet and provides unique setback requirements.

Example Local Governments

San Jose solar permitting standards

In response to California’s Solar Permitting Efficiency Act, San Jose adopted photovoltaic permit requirements (2016) that can approve a project in as little as one-day, and could become a nationwide ...

Example Local Governments

Cleveland OH Wind Zoning

Cleveland OH’s Zoning Code § 354 permits wind energy facilities by-right.

Example States and State Governments

California’s Solar Permitting Efficiency Act

California’s Solar Permitting Efficiency Act (2014) requires all 515 local governments to create an expedited, online solar permitting process for rooftop solar installations under 10 kW, and provides...

Example States and State Governments

Hawaii PUC Decision 33258

The Hawaii PUC’s decision 33258 (2015) required utilities to collaborate with inverter manufacturers to develop a reasonable self-certification process for advanced inverters even before national stan...

Example States and State Governments

Maryland EO on Streamlining Permitting

In December 2024, Maryland’s governor signed an Executive Order establishing the Maryland Coordinated Permitting Review Council to facilitate interagency coordination and streamline permitting and env...

Example Local Governments

Laramie WY solar and wind zoning

Laramie’s Code of Ordinances (2017) allows for both solar and wind energy systems in all zoning districts, with no exceptions for homeowners association restrictions. These codes provide relaxed stand...

Example States and State Governments

Vermont Energy Act

The Vermont Energy Act (2011) established the first standardized solar permitting law in the United States, providing a consistent permitting application that covers components configuration, and inte...

Resource Local Governments

Tuoro Law Center’s Model Ordinance and Resource Guide on Zoning for Small- and Medium-Scale Wind Energy

The Tuoro Law Center has prepared a Model Ordinance and Resource Guide on Zoning for Small- and Medium-Scale Wind Energy. The report provides citations to examples of existing wind energy zoning in Ne...

Example Local Governments

McCall ID’s Density Bonuses for Renewable Energy Installations

McCall provides a 10% bonus to density if 50% of the total energy needs of the development are provided by “solar, wind, geothermal, or [an] alternative renewable energy source.”

Resource Local Governments

Utility-Scale Battery Energy Storage Systems Model Ordinance

This document is intended to provide guidance to local governments considering developing an ordinance or rules related to the development of utility-scale battery energy storage systems. The recommen...

Resource Local Governments

Pace Resource Guide on Land Use Planning for Solar Energy

The Pace Land Use Law Center has published a Resource Guide on Land Use Planning for Solar Energy, which describes how a municipality may authorize a task force, engage the community, and adopt local ...

Resource States and State Governments

DOE report, Solar Powering Your Community: A Guide for Local Governments

Solar Powering Your Community: A Guide for Local Governments is a comprehensive resource DOE created to assist local governments and stakeholders in designing and implementing a strategic local solar ...

Example States and State Governments

Minneapolis Wind and Solar Ordinances

Minneapolis codified separate ordinances (2007) to govern wind and solar energy systems in all districts. These ordinances address height, encroachment and setbacks, and aesthetic requirements, and pe...

Resource Local Governments

Stoughton WI small wind ordinance

Stoughton’s Code of Ordinances (2009) provides specific setback and height requirements for small wind energy systems.

Example Local Governments

Hartford CT Renewable Energy Zoning

Hartford permits building-mounted solar and roof-mounted wind energy systems as an accessory structure by right within all jurisdictions, subject to use-specific regulations. Freestanding wind and sol...

Resource Local Governments

Bedford NY’s Solar Zoning Provisions

The Town of Bedford, New York allows solar energy collectors by-right in all districts. The solar energy collectors are designated as accessory buildings and structures and must comply with the buildi...

Resource Local Governments

Massachusetts DOER Model Zoning for the Regulation of Solar Energy Systems

The Massachusetts Dept. of Energy Resources prepared 2014 model zoning and accompanying guidance in order to assist Massachusetts cities and towns in establishing reasonable standards to facilitate de...

Example Local Governments

Stoughton WI Renewable Zoning

In 2018, Stoughton WI enacted a local ordinance that allows solar and wind energy production, by-right, in every zoning district. The systems must comply with regulations and limitations set forth for...

Resource Local Governments

NYSERDA Model Solar Energy Local Law and Solar Guidebook for Local Governments

The New York State Energy Research and Development Authority has prepared a Model Solar Energy Local Law inform local officials on the processes of installing, operating, maintaining and decommissioni...

Example Local Governments

Hinesburg VT’s Density Bonuses for Renewable Energy Installations

Hinesburg provides density bonuses to developers in exchange for providing public benefits that help further the goals expressed in the town plan, including renewable energy technology. Developers are...

Example Local Governments

Watertown MN’s solar ordinance

Watertown MN’s Code of Ordinances (2016) creates a set of guidelines specifically for the placement of home solar systems.

Resource Local Governments

New York Model Zoning for Battery Storage

NYSERDA published this model law, intended to help New York local government officials adopt legislation and regulations to responsibly accommodate battery energy storage systems in their communities....

Resource Local Governments

NREL’s SolarAPP

In late 2020, the National Renewable Energy Laboratory (NREL) released a no-cost, no-touch software system for cities and counties across the country to streamline rooftop solar permits, called SolarA...

Resource Local Governments

Sabin Center’s model small-scale solar-siting ordinance

Columbia Law School’s Sabin Center for Climate Change Law has prepared a model small-scale solar-siting ordinance. The ordinance would govern all new solar energy systems of up to 10 kilowatts, and in...

Example States and State Governments

NY’s Clean Energy Communities Program

New York’s Clean Energy Communities Program incentivizes local governments with grants and coordination assistance to meet four of ten designated high impact actions, one of which is the adoption of a...

Example Local Governments

Schaumberg IL Renewable Energy Zoning and Handbook

Schaumberg Illinois saw a 3,000% increase in solar permits following a code revision process that saw them simplify the requirements for solar permitting. The town has created a resource guide that ex...

Example Local Governments

New York’s “City of Yes for Carbon Neutrality” Initiative

The New York City Council approved the “City of Yes for Carbon Neutrality” plan in December 2023, a set of citywide zoning changes making it easier to install a variety of distributed energy resources...

Resource Local Governments

Sustainable CUNY’s Model Solar Energy Law and Toolkit

Sustainable CUNY’s Model Solar Energy Law and Toolkit (2016) was designed to help communities adopt zoning provisions that promote solar energy systems while protecting community character and the env...

Example Local Governments

Georgia Model Solar Zoning Ordinance

This 2018 model ordinance, published by Emory Law School’s Turner Environmental Law Clinic, Georgia Institute of Technology’s Strategic Energy Institute, and the University of Georgia, provides a comp...

Example Local Governments

Minneapolis Renewable Energy Zoning

Minneapolis MN’s Zoning Code Chapter 535 Articles X and XII permit the production of both wind and solar energy in all zoning districts.

Example Local Governments

West Lake Hills TX Solar Zoning

West Lake Hills, TX, Code of Ordinances § 22.03.009 allows the use of solar energy devices in all zones.

Example States and State Governments

New York’s Expanded Local Building and Planning Requirements

New Yorks S00391 (2021) amends state language that requires towns and villages to consider solar PV systems in their local building and planning regulations to also accommodate solar thermal, wind, hy...

Resource Local Governments

Grow Solar Local Government Toolkits and Model Ordinances

Grow Solar Toolkits are a set of resources to assist city, county, community and electric utility leaders in the implementation of solar program best practices. They provide advice on permitting, plan...

Example Local Governments

Bethany Beach DE Solar Zoning

Bethany Beach DE’s zoning code permits the use of solar energy systems in all districts subject to minimal regulations.

Resource Local Governments

APA report, Planning for Solar Energy

The American Planning Association offers resources on planning and zoning for solar energy, including sample ordinances on topics such as solar access, solar siting, and solar energy systems. Their gu...

Model Law States and State Governments

LPDD Model Law: State Law to Simplify Permit Requirements for Distributed Solar

This model law is targeted at reducing the various “soft costs” associated with the installation of residential solar facilities, such as the expenses associated with obtaining permits, inspections, a...