Energy projects qualify for by-right zoning on certain sites

Energy storage systems on certain properties qualify as by-right uses under local zoning and are deemed consistent with the local comprehensive plan and to have no significant negative environmental impacts. The rule covers energy storage systems proposed for properties with the required court findings under the abandoned property law. The property must have the findings required under § 34-44-4. The system must meet applicable industrial or manufacturing zone rules, including size, height, setback, and lot coverage limits. Municipalities may waive or vary those dimensional limits. This rule does not apply in areas zoned only for residential use, and it does not change generally applicable fire, safety, or health rules. The act took effect upon passage, according to its text.

Renewable energy resources and energy storage systems on previously contaminated properties qualify as by-right uses under local zoning and are deemed consistent with the local comprehensive plan and to have no significant negative environmental impacts. The rule covers renewable energy resources, energy storage systems, or both, proposed for previously contaminated properties. Applicants must establish that the site is previously contaminated. A state or federal designation, an environmental assessment showing hazardous substances or pollutants, or qualifying brownfield status creates a presumption. Projects must follow local planning and zoning procedures for by-right uses and meet industrial or manufacturing zone rules, including a 75 percent limit on structural lot coverage. The act took effect upon passage, according to its text.