Local Restriction of Solar Energy Projects: Navigating and Resolving Different Approaches to Land Use Conflicts

Local regulation and restriction of solar projects continue to increase nationwide. At one end of the spectrum are specific laws that may ban full-scale commercial projects. Further along the spectrum, some local governments have delayed development until adequate rules can be put into place while others have shored up zoning and other land use requirements, such as setbacks, vegetation management plans, agricultural restrictions, wildlife movement requirements, etc. Some states have set up state-wide siting committees to address development concerns. Some states have set up state-wide siting committees to address development concerns, while others have restricted municipal regulation.

Local governments have the discretion to reasonably restrict the magnitude and placement of solar energy systems. The issues most often discussed in connection with large utility-scale solar projects relate to the sheer amount of acreage needed for these projects and competing uses, the potential for stormwater erosion when vegetation is cleared, environmental impact issues, and decommissioning issues.

At the single property or residential implementation of solar, consumers are increasingly turning to litigation and consumer protection lawsuits to address alleged abuses by solar companies.

Listen as our experienced panel offers both local government attorneys and counsel representing energy developers guidance on local regulation of commercial and residential solar projects.