In a recent ruling, the Supreme Judicial Court of Maine addressed an important question regarding the application of zoning ordinances to a proposed solar array project (Odiorne Lane Solar, LLC, et al. v. Town of Eliot, et al., 2023 WL 7312981). The main issue at stake was whether a solar array project could be classified as a “public utility facility” within the boundaries of the zoning ordinance.
A zoning ordinance, a device of land use planning, regulates how land can be used within a jurisdiction. In many regulatory regimes, utility facilities – such as power plants or substations – are often subject to different, and often more lenient, regulatory standards. Thus, the classification of the solar project has significant implications for the ease with which it can be implemented and the regulatory hurdles it needs to surmount.
The case emanated from the town of Eliot in Maine where the said solar array project was proposed.
The initial judgment on this issue could set a precedent for how similar situations are handled moving forward. Local and international legal professionals should keep a close watch on the outcome of this case, as well as other similar cases, to remain updated on evolving definitions and regulations.
This development is a reminder of the importance of managing zoning issues correctly in any significant infrastructure projects such as a solar array. Failing to understand how your project might be classified could lead to costly and time-consuming legal disputes.