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other design elements? Is this a matter for zoning or a general bylaw? Is there any relevant case <br /> law? What do state statutes say on the matter? <br /> With any discussion of local regulation,this last question is paramount. The following sections <br /> provide an overview of the statutes in Massachusetts relative to this issue and how these affect <br /> the ability of local governments to regulate small-,medium-and large-scale ground-mounted and <br /> roof-mounted solar energy systems. <br /> The Statutes <br /> Massachusetts General Laws(M.G.L.) are unique in their treatment of solar energy systems and <br /> provide specific reference to this issue in four places: <br /> Chapter 40A Section 3 <br /> This section of M.G.L. addresses"[slubjects which zoning may not regulate... As this <br /> language suggests,this section of the statute describes several uses that cannot be regulated in <br /> the same manner as typical residential,commercial,or other uses. For example,limits on the <br /> ability to regulate religious uses,agricultural uses, and day-care operations are included in this <br /> section of the statute. Paragraph 9 of this section addresses solar energy systems as follows: <br /> No zoning ordinance or by,-law shall prohibit or unreasonably regulate the <br /> installation of solar energy systems or the building of structures that facilitate the <br /> collection of solar energy, except where necessary to protect the public health, <br /> safety or welfare. <br /> Chapter 40A Section 9B <br /> This section of Chapter 40A is entitled"Solar access"and addresses two separate issues. The <br /> first paragraph allows communities to use their Zoning Bylaw/Ordinance to establish districts <br /> that would protect solar access through a variety of standards including limitations on building <br /> height,requirements for planting and pruning,orientation of buildings and streets,and several <br /> other similar items. These standards would either optimize exposure to the sun through design <br /> techniques,or limit shading in a way that also protects solar access through various design and <br /> maintenance strategies. <br /> The second paragraph of Section 9B provides for the ability to use a Special Permit process to <br /> impose restrictions on neighboring properties for the purposes of protecting access to sunlight. <br /> In accordance with this statutory provision,a Special Permit maybe granted to establish an <br /> involuntary easement over neighboring properties restricting the growing of vegetation or other <br /> activities that would qualify as an"impermissible interference"with solar access. <br /> -2- <br />