An Act allowing municipalities to reasonably regulate solar siting

194th Legislature (2025-2026) Introduced by Aaron Saunders

The bill allows municipalities to reasonably regulate non-residential solar siting while protecting residential solar from unreasonable zoning restrictions.

Overview

HD 2776 seeks to modify Massachusetts law to clarify and expand how municipalities may regulate solar siting. The bill focuses on balancing residential solar deployment with local health, safety, welfare, and land-use considerations, while allowing more latitude for regulating commercial and non-residential solar energy structures to protect natural resources and ensure compatibility with local zoning.

What the bill would change (key provisions)

Statutory change: The bill amends Section 3 of Chapter 40A of the General Laws (as appearing in the 2020 Official Edition) by replacing the ninth paragraph with a new standard.

Residential solar protections: For installation of solar energy systems and related structures used for residential purposes, no zoning ordinance or by-law shall prohibit or unreasonably regulate such installation except where necessary to protect the public health, safety or welfare.

Non-residential solar protections: Commercial, governmental, and non-residential solar energy structures and systems may be reasonably regulated for purposes of: 1) protecting public health, safety and welfare; 2) preserving forested lands, agricultural lands, or wetlands; or 3) ensuring compatibility with municipal zoning.

Who would be affected

Municipalities and local zoning boards: Will have a framework for regulating solar siting, particularly for non-residential projects, while residential solar faces a more protective standard.

Solar developers and project proponents: Face clarified standards for siting, especially where non-residential projects must balance health, land preservation, and zoning compatibility.

Property owners and residents: Residential solar installations would be protected from unreasonable zoning restrictions, promoting easier access to solar on homes.

Environmental and land-use interests: Lands designated as forested, agricultural, or wetlands could see enhanced protections under the non-residential siting provisions.

Implications and potential impact

Residential solar: Reduced risk of prohibitive or overly restrictive zoning barriers, potentially accelerating home-based solar installations.

Non-residential solar: Municipalities can regulate with explicit purposes (health/welfare, land preservation, and zoning compatibility), which may help address environmental and community concerns but could introduce more tailored siting reviews.

Land use and conservation: The bill creates a formal basis to weigh solar siting against preservation of forests, agriculture, and wetlands.

Timeline and procedural notes

Origin: House filed January 16, 2025 (House Docket No. 2776; presented by Rep. Saunders of Belchertown).

Session context: Appears in the 2025-2026 General Court, designated as a proposed bill.

Status: Not specified in the provided material. As with most bills, passage would require approval by both chambers of the Massachusetts General Court and signature by the Governor.

Additional notes

The bill codifies a distinction between residential and non-residential solar siting standards, emphasizing a prohibition on unreasonable residential restrictions while permitting reasoned regulation for larger solar facilities.

Exact effective date and any transitional provisions would be determined if the bill advances and is enacted into law.

Bill