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.
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