In 2007, former Vice President Al Gore applied for a permit to install 33 solar panels on the roof of his home in Belle Meade, Tennessee.  His application, however, was blocked by the city until new local zoning rules were adopted.  Since then, new rules allow homeowners to install solar panels on their roofs, but only if they are not visible from the street or from any adjoining property.  As highlighted in a report released by the Network for New Energy Choices, too many towns, cities and counties are making it difficult and expensive for homeowners and small business owners to install small-scale solar and wind systems to generate their own renewable energy.     

The report identifies the following as the most significant municipal-level planning and permitting obstacles to small-scale distributed renewable energy systems:

• complex and/or unclear local permitting requirements;
• inspectors and permitting authorities that are inexperienced with renewable electricity systems;
• multiple permitting processes and standards that vary significantly across jurisdictions;
• permit fees that vary across jurisdictions and are sometimes not consistent with the municipal resources expended; and
• unfair and often illegal enforcement of restrictive housing covenants.

To overcome these obstacles, the report identifies and analyzes how certain states and municipalities have successfully streamlined certification and permitting guidelines. The report sets forth seven recommendations covering local government policies for distributed solar photovoltaics (PV) and small wind turbines, as well as state policies for distributed renewable energy systems. Specifically, the report recommends:

1. Removing barriers to PV systems from building and zoning codes, such as exempting them from building height limitations or design review requirements.
2. Simplifying PV permit application forms and review processes, such as basing electrical permitting requirements on a common set of standards and working with surrounding jurisdictions to develop standardized application procedures that support the increased use of PV systems across entire regions.
3. Adopting flat permit fees or fee waivers for PV and small wind systems.
4. Providing comprehensive planning for small wind systems. A local government can identify wind energy as a priority in its comprehensive land use plan. Ideally, the plan would describe the community’s wind energy resources, discuss potential advantages and disadvantages of wind energy development and identify the areas within the jurisdiction best suited for wind energy systems, as well as those in which wind energy developments may conflict with surrounding land uses.
5. Establishing small wind turbines as permitted uses with appropriate design guidelines, performance standards and review processes.
6. Easing permitting processes by establishing statewide interconnection standards and educating building and electrical inspectors about proper installation procedures for distributed renewable energy systems.
7. Adopting legislation at the state level mandating consistent and appropriate permitting requirements for distributed renewable energy systems.

The message of the report comes through loud and clear - taking the red tape out of green power is key to encouraging clean, efficient small-scale solar and wind systems, which potentially can contribute significantly to meeting our greenhouse gas reduction goals. The report seeks to highlight the issue, but it is ultimately up to local governments to seize the available opportunities to support and make the most of small-scale distributed renewable energy systems.

For further information about this topic, please contact Akin Gump.