The United States is experiencing soaring growth in the number of ground-based solar energy projects. Different mechanisms are driving interest, including economic return on investments. The U.S. government has often encouraged the development of solar power through local and federal incentives and rebates. Across the United States, large and small-scale solar power development is booming, yet many projects still face the threat of permitting and construction obstacles.
Solar developers throughout the US and some foreign countries are getting in on the wave of renewable energy: commercial-scale ground based solar. Although California produces over a fourth of the country’s solar energy, the states of New Jersey, Massachusetts, Arizona, Pennsylvania, and Hawaii are also leading the way.[1]
In 2009, many states promised to devote a percentage of their power sources to renewables by the end of the decade. The Alternative Energy Portfolio Standards Act required utilities to use 18 percent alternative energy by 2020, with 0.5 percent coming from solar power alone.[2] A solar boom in New Jersey has lessened unemployment and brought about nearly 16,000 new solar projects since 2001.[3] The New York governor recently announced a plan to set aside 34.6 million dollars for the development of solar power. Municipalities in Massachusetts appear interested in ground mounted solar PV and are entertaining the option of Power Purchase Agreements (PPA) to limit risk while avoiding capital investments.
The solar industry as a whole is evolving to favor the growth of land-based systems over building-mounted installations. To address the problem of unequal electricity rates among solar-powered homeowners and others, policy-makers are turning to larger projects. Development of large scale renewable energy projects, including solar PV, assists municipalities by reducing their annual energy expenses and serving as a hedge against volatility in the energy sector. Land-based systems positively impact communities by creating more jobs, income, and greater flow of electricity to the grid. Rebate structures for smaller systems are replaced by incentives for larger projects that take advantage of the economy of scale.
Definitions of the scale of solar installations vary between region and state. In their Solar Incentive Program, the city of Los Angeles defines “small” systems as projects that produce between 30kW and 150kW, and “large-scale” projects as producers of between 151kW and 999kW.[4] According to the solar permitting standards of the Commonwealth of Massachusetts, large-scale ground-mounted solar refers to any system of 250 kW or more.[5] Renewable Energy Certificate prices are based on the size of the installed system – small systems create 10 kW or less; large systems, between 10 kW and 1 MW.[6]
Larger scale solar PV operations can qualify as energy generators and receive REC’s in RPS eligible states. They provide energy through a wholesale power sales transaction, usually to a utility. Energy generators fall under Federal Energy Regulatory Commission (FERC) rules for interconnection. The FERC regulates system safety and reliability. The Solar Energy Industries Association hopes to quicken and lower the costs of grid interconnection, which would create countless opportunities for many new solar projects to connect to the grid.
Despite the new popularity of solar PV projects, implementing a project at any scale presents a number of challenges. Before a PPA may be finalized or construction may begin, regulatory permits must be secured and the design finalized. The importance of these steps is often under-estimated or in some cases, completely overlooked. Construction planning must account for solar-specific considerations. Many regional planning commissions are receiving inquiries from member communities and have started analyzing the benefits and optimization of an aggregated approach.
Solar Developers are finding that land use considerations add a level of complexity unrelated to their experience with installations of building mounted solar PV systems. In the crucial time span of construction, any added delay poses a serious concern. Delays may result from a lack of understanding of land use considerations that can cost the project proponent unanticipated time and money.
Permitting a commercial scale system requires the expertise of land use professionals. Land use restrictions require research and experience to determine potential impacts on the development and grid connection of a solar array. Such restrictions include easements, deed restrictions, hidden subsurface utilities, storm-water surface runoff, flood plains, land use restrictions, grid interconnection/access, title ownership, zoning restrictions and other regulatory controls.
Title and ownership issues must be vetted prior to design to ensure that there is clear title to the land, and that the parcel is not subject to prohibitively restrictive easements or other encumbrances that may interfere with construction or long term operation. Potential land use restrictions should be evaluated to insure compliance with regulating limitations and to avoid conflicts with ownership or deed restrictions.
Every state has different land use restrictions and policies. In addition, stakeholders may attempt to restrict the placement or use of solar panels. Their concerns are mainly for visual reasons – color, size, and visibility. The public review process is often more productive when advanced outreach and education about the project is initiated at an early stage. Developers and consultants must properly explain the visual and environmental impacts to stakeholders in order to avoid costly redesigns, time delays and potential appeals.
Environmental regulations require protection of natural resources such as wetlands and endangered species habitats, which may preclude any development on the site. Flood Zones, drainage design, and access to the site including roadways and utility infrastructure, require design calculations to ensure that the removal of vegetation and the introduction of impervious surfaces will not create a burden from stormwater runoff to abutting or downstream properties. Securing regulatory permits may be as challenging as other residential or commercial land developments.
Many ground based projects never reach the construction phase because of inadequate due-diligence, design or the permitting process. Maintenance, insurance and risk must be factored into the project pro-forma, prior to submission, to ensure a PPA that will work for both parties.
Delays due to poor planning and restrictions potentially slow the growth of the ground-mounted solar power, an industry that is otherwise flourishing within communities throughout the United States.
[4] Patel, Deep, Los Angeles California’s Incentive Programs for Large and Small Solar Systems, 2012,
[5] Department of Energy Resources, Massachusetts Executive Office of Environmental Affairs, Model As-of-Right Zoning Bylaw: Allowing Use of Large-Scale Ground-Mounted Solar Photovoltaic Installations, 2012,
[6] PNM Solar Energy Customer Program