Consolidated State Siting and Permitting Authority
Local governments can restrict or outright prohibit the siting of renewable generation or transmission, and local siting and zoning issues have been reported as the leading cause for cancellation of wind and solar projects. States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for either renewables, batteries, or transmission to remove one of the most complex and least predictable impediments to interconnecting more renewables to the grid.
Many states have a state-level entity, including state agencies, responsible for siting and permitting of renewable energy and transmission projects. Often, local governments retain decision-making power for these projects, except when certain conditions are met. This page represents information on all state authorities that would preempt local siting rules — meaning the state has decision-making authority — and that apply to, at least, either conventional wind or solar projects of 50 megawatts (MW) or more. This definition distinguishes policies on two grounds: by the types of authority granted to states, and thresholds for invoking it.
A qualitative research report that synthesizes insights from state-level siting policy stakeholders, identifying challenges and recommendations on how to respond to restrictive federal and local policies, conflicts between state and local stakeholders, and increased project costs.
A report that identifies renewable energy siting policies and permitting authorities across all 50 states, highlighting which government entity or entities in each state or territory have the jurisdictional authority to make siting and permitting decisions about large scale wind and solar projects.
Model state legislation that aims to expedite and institutionalize uniform processes for siting facilities for generating, transporting and storing renewable energy. The model statute is primarily intended to create a statewide authority (or otherwise restructure an existing authority) that has the authority to make rapid siting decisions.
For projects over 50MW, the California Energy Commission (CEC) is allowed to oversee the permitting of clean and renewable energy facilities and facilities that produce clean energy technologies, if facilities opt into the CEC's jurisdiction. Environmental impact reports by the CEC must be completed within 270 days.
Counties can serve as lead agencies (instead of the state) for permitting and environmental review of geothermal energy projects.
In California, once a developer opts into the state's siting process, planners and local officials are relegated to the role of interested parties. State authorities will likely often give serious consideration to well-founded local concerns, but they aren't obligated to reject a project just because it doesn't meet local zoning requirements.
Facilities larger than 1 MW fall under the jurisdiction of the Connecticut Siting Council. Municipal zoning commissions or inland wetland agencies may issue orders that regulate the proposed location of an electric generation facility. These orders may, however, be revoked by the Connecticut Siting Council. The Council is directed to “give such consideration to ... municipal regulations as it shall deem appropriate” and is authorized to affirm or revoke municipal orders concerning siting.
The MPUC is the principal state-level agency responsible for generation facilities of at least 50 MW. The Commission also handles permitting for wind projects of at least 5 MW. A site permit from the state “shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances” promulgated by local governments.
The state Office of Renewable Energy Siting (ORES) has exclusive siting authority for major solar and wind projects of at least 25 MW. Energy projects 20 to 25 MW may opt out of local siting and into ORES siting. Local governments may also adopt setbacks and other requirements for major energy facilities of at least 25 MW. However, for large projects subject to ORES review, the state may elect not to apply those requirements if they are deemed overly burdensome.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
For projects over 50MW, the California Energy Commission (CEC) is allowed to oversee the permitting of clean and renewable energy facilities and facilities that produce clean energy technologies, if facilities opt into the CEC's jurisdiction. Environmental impact reports by the CEC must be completed within 270 days.
Counties can serve as lead agencies (instead of the state) for permitting and environmental review of geothermal energy projects.
In California, once a developer opts into the state's siting process, planners and local officials are relegated to the role of interested parties. State authorities will likely often give serious consideration to well-founded local concerns, but they aren't obligated to reject a project just because it doesn't meet local zoning requirements.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
Facilities larger than 1 MW fall under the jurisdiction of the Connecticut Siting Council. Municipal zoning commissions or inland wetland agencies may issue orders that regulate the proposed location of an electric generation facility. These orders may, however, be revoked by the Connecticut Siting Council. The Council is directed to “give such consideration to ... municipal regulations as it shall deem appropriate” and is authorized to affirm or revoke municipal orders concerning siting.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
Siting authority is primarily under the jurisdiction of the Maryland Public Service Commission (MPSC) for projects over 2MW. The MPSC must grant a certificate of public convenience and necessity (CPCN) before any construction can commence. Local government recommendations must be considered, but are not binding.
The Energy Facilities Siting Board oversees siting and permitting processes for large clean energy projects, and must issue or reject a permit within 15 months. For smaller projects, municipalities retain control over the permitting process, but permits must be issued or rejected within 12 months. For both small and large projects, applications will get automatic approval if these deadlines aren't met.
The Michigan Public Service Commission has permitting authority for all solar projects and battery projects over 50 megawatts, and wind projects over 100 megawatts. Developers must still submit site plans to local jurisdictions that have ordinances that are fully compliant with the state's maximally restrictive standards.
The MPUC is the principal state-level agency responsible for generation facilities of at least 50 MW. The Commission also handles permitting for wind projects of at least 5 MW. A site permit from the state “shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances” promulgated by local governments.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
The New Hampshire Site Evaluation Committee (SEC) has jurisdiction over proposed renewable energy facilities with a capacity of at least 30 MW. It also has jurisdiction over facilities with a capacity of 5 to 30 MW if the SEC determines the facility requires a certificate, either on its own motion or by petition of the developer or other community stakeholders.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
The state Office of Renewable Energy Siting (ORES) has exclusive siting authority for major solar and wind projects of at least 25 MW. Energy projects 20 to 25 MW may opt out of local siting and into ORES siting. Local governments may also adopt setbacks and other requirements for major energy facilities of at least 25 MW. However, for large projects subject to ORES review, the state may elect not to apply those requirements if they are deemed overly burdensome.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
The North Dakota Public Service Commission can supersede local zoning authority on proposed transmission line projects when those local regulations are deemed too restrictive or not in compliance with federal law. The PSC also authorizes wind facility projects larger than 0.5 MW and other generating facilities larger than 50 MW.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
Battery developers, or the governing body of a local government, who wants to build a battery energy storage system (BESS) can choose to seek siting approval from the Energy Facility Siting Council rather than local governments.
Solar projects are regulated exclusively at the state level for projects that use particular amounts of acreage. That threshold ranges between 240 and 3,840 acres, depending on the agricultural quality of the land. Wind projects larger than 50 MW are regulated at the state level as well. The Council must resolve contested cases within 12 months of a proposed order.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
The Energy Facility Siting Board (EFSB) is the licensing and permitting authority for all licenses required for siting, construction or alteration of a major energy facility (at least 40 MW) in Rhode Island.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
Vermont's Public Utilities Commission grants permits for all electricity generation facilities, electric transmission facilities, and certain gas pipelines
In Washington, the Energy Facility Site Evaluation Council (EFSEC) has authority over projects larger than 350MW, and smaller projects may opt into that process as well. Once a developer opts into the state's siting process, planners and local officials are relegated to the role of interested parties. State authorities will likely often give serious consideration to well-founded local concerns, but they aren't obligated to reject a project just because it doesn't meet local zoning requirements.
States can establish some form of statewide, consolidated siting and permitting entity — typically a council or board — for renewables and/or transmission to streamline project review and prevent uncertainty in the face of local governments’ restrictions or prohibitions of renewable generation or transmission.
The State Climate Policy Dashboard tracks only passed policies and does not include bills currently proposed in legislative sessions. The website is intended to illustrate the current status of policies for each state, as well as key resources and model states for each policy.
Much of the information contained in this database is derived from the public domain, with links to resources provided. The information provided is made available solely for general information purposes and does not constitute legal advice. Click here for full Terms of Use.
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