DOER issues guidance on clean energy siting, permitting reforms

With an Oct. 1 effective date approaching, the Department of Energy Resources has published a number of guidance documents to help communities implement a new statewide siting and permitting process for clean energy infrastructure.

In March, the Healey-Driscoll administration issued final regulations for the new process, as required by a clean energy and climate law enacted in November 2024. The regulations are based on recommendations from a special Commission on Energy Infrastructure Siting and Permitting.

The new local siting and permitting process will apply to clean energy generation projects (e.g., solar and wind) under 25 megawatts; clean energy storage projects under 100 megawatt hours; and certain transmission and distribution projects.

Municipalities may continue to offer current permitting processes, but must begin to receive applications under the new process beginning on Oct. 1.

The new process requires municipal governments to issue a single, consolidated permit decision, and to do so within 12 months of a determination of an application’s completeness. (The completeness determination must be reached within 30 days of receipt, or the application will be deemed complete by default if standard conditions are met.)

Individual boards and commissions — such as planning, zoning and conservation boards — may still issue their own decisions on proposed projects following existing processes, but projects must receive an overall approval or rejection decision within 12 months.

Appeals would only be possible for the entirety of the permit decision, not individual components, and must be made within 30 days of a decision being reached by the local government.

Resources
The Department of Energy Resources has published, as PDF documents, a draft Consolidated Local Permit Application, a Completeness Review Checklist, and a Final Decision Form.

The DOER has also issued a draft Pre-Filing Engagement Completion Checklist, a Pre-filing Public Notice Document Template, and a Site Suitability Score Revision Request Form.

Further guidance and resources are expected soon to help communities identify and designate a point person to serve as the “local government representative” responsible for the communication components of the process and coordination of the multi-departmental review.

The DOER’s Clean Energy Siting and Permitting Regulations website has more information on the draft forms, accompanying regulations, and additional resources.

The DOER is working on developing model municipal bylaws — similar to those for Solar Photovoltaic Systems and Battery Energy Storage Systems (BESS) — to help cities and towns navigate the process.

Comments and questions may be directed to [email protected].

The Energy Infrastructure Siting and Permitting Reforms website provides context on the state and local siting and permitting reforms.