On June 2, 2022, the Massachusetts Supreme Judicial Court issued the first appellate decision interpreting the limited exemption for solar energy systems provided in Section 3 of the Massachusetts Zoning Act (MGL c. 40A, § 3, ¶ 9). In Tracer Lane II Realty, LLC v. City of Waltham, the Court determined that the City of Waltham’s prohibition of solar energy systems from the vast majority of its land area violated Section 3’s bar against unreasonable regulation of solar energy systems. Below, we provide a brief overview of the facts of the case, then flag the key takeaways of which solar project developers should be aware.
/continue readingTag: Betsy Mason
MA AG Rejects Restrictive Solar Bylaw Amendment
The Massachusetts climate act contains provisions relating to net metering that could have a significant impact on solar development.
In what appears to be a first, and following a concerted effort by Klavens Law Group, the MA Attorney General has rejected elements of a municipal solar bylaw aimed at blocking commercial solar energy projects. In the past, the AG’s office has routinely approved local solar bylaws – often with a stern warning that under paragraph nine of MGL c. 40A, § 3 the municipality can’t apply the bylaw so as to prohibit or unreasonably regulate solar facilities except where necessary to protect public health, safety or welfare. In a March 21, 2022 decision, however, the MA Attorney General flatly rejected the Town of Wareham’s effort to amend its zoning bylaw to place harsh restrictions on the siting of large-scale ground mount solar energy facilities.
/continue readingAvoiding Project Development Pitfalls: Part 1 – Permitting & Environmental Matters
This is the first part of a Q&A series with members of the KLG team highlighting key areas in which renewable energy project developers encounter pitfalls that can end up delaying or derailing projects. /continue reading