[Massplanners] Solar Bylaw - prohibition against large-scale cutting / clearing

[Heidi Ricci]

Hi Doug

Here is a good resource:
https://ag.umass.edu/clean-energy/resources/solar-pv/solar-resources-for-municipalities

There is a case pending before the SJC right now that will determine the extent to which communities can regulate solar.

SJC-13195
Tracer Lane II Realty, LLC vs. City of Waltham & another
Where G. L. c. 40A, § 3, ninth par., precludes zoning ordinances or by-laws that "prohibit or unreasonably regulate the installation of solar energy systems" (except to protect public health, safety or welfare), whether allowing solar energy facilities in certain areas of a municipality but prohibiting them in other areas is permissible or whether it constitutes unreasonable regulation in contravention of the statute
Enter the Docket # SJC-13195 here
https://www.ma-appellatecourts.org/
and you can see all the documents, including amicus briefs from the AG and several municipalities.

The hearing is on March 7th.

Heidi

E. Heidi Ricci
Director of Policy and Advocacy
Mass Audubon
208 South Great Road
Lincoln, MA  01773
c 781-622-8911
o 781-259-2172
hricci at massaudubon.org<mailto:hricci at massaudubon.org>
Pronouns: she/her(s)

Visit www.massaudubon.org<http://www.massaudubon.org/> to learn more about our conservation, education, and advocacy work.

[cid:image001.png at 01D828B4.0CC570C0]



From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Town Administration via MassPlanners
Sent: Wednesday, February 23, 2022 12:41 PM
To: Christopher Skelly via MassPlanners <massplanners at masscptc.org>
Subject: [Massplanners] Solar Bylaw - prohibition against large-scale cutting / clearing

Good afternoon, planners!

Westhampton is looking to harden its solar energy bylaw to prohibit strip-cutting of large areas of land in order to facilitate large-scale solar.  While solar is STRONGLY encouraged on roofs, over parking lots, and etc, we don't want swaths of panels replacing our pines.

Has anyone implemented zoning bylaw that addresses this?  Have you had such successfully approved by the AG?

Respectfully,

- Doug.
-----------------------------
Douglas Finn, Administrative Assistant
Town of Westhampton
1 South Road
Westhampton, MA 01027
413-203-3086
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220223/a31e0c1f/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 23844 bytes
Desc: image001.png
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20220223/a31e0c1f/attachment.png>