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Understanding the Statutes <br /> Chapter 40A Section 3 <br /> In Chapter 40A Section 3 special protections are provided for solar energy systems similar to <br /> those provided for child-care facilities,religious uses,etc.4 However,this paragraph is more <br /> concise than those for other protected uses,and the limitation to not"prohibitor unreasonably <br /> regulate"is qualified by the simple statement that such regulation can only occur"to protect the <br /> public health,safety,or welfare." These terms are not further defined in the statute in a manner <br /> that provides more detailed guidance to municipalities..Furthermore,to date,no court has had <br /> occasion to review the portion of Section 3 relevant to solar energy systems and case law <br /> pertaining to other portions of Section 3 is of limited applicability. This makes it even more <br /> challenging to find any legal frame of reference for how these protections limit local zoning <br /> authority. <br /> Nevertheless,it is possible to identify several important points that will help to frame local <br /> regulation of small-,medium-and large-scale ground-mounted and roof-mounted solar energy <br /> systems. <br /> 1) Zoning Bylaw/Ordinance versos General Bylaw/Ordinance. First,solar energy systems <br /> are type of land use.Also,because the statutory language that addresses solar energy <br /> systems is found primarily under Chapter 40A,and this section addresses zoning,the <br /> Zoning Bylaw/Ordinance is the appropriate place to regulate these systems. <br /> 2) Zoning Bylaws/Ordinances and the State Building Code. Chapter 40A Section 3 also <br /> includes the following exemption language"No zoning ordinance or bylaw shall regulate <br /> or restrict the use of materials,or methods of construction of structures regulated by the <br /> state building code..." The model zoning that accompanies this Guidance has been <br /> carefully drafted to abide by this provision.of state statute. Communities adapting this <br /> model zoning should be similarly cautious to avoid adopting requirements that are <br /> precluded by statute as they are already addressed in the Building Code. <br /> 3) Allowable Use. In DOER'S interpretation,roof-mounted and small-and medium-scale <br /> ground-mounted solar energy systems cannot be prohibited as a use within.a Zoning <br /> Bylaw/Ordinance. Because Special Permits explicitly provide the option to deny an <br /> application,the Special Permit process is not a viable choice for regulating these systems. <br /> It is DOER's further interpretation that roof-mounted and small-and medium-scale <br /> ground-mounted solar energy systems must be allowed by-right in order to comply with <br /> Chapter 40A Section 3. A mixnicipality may review these systems as part of Site Plan <br /> Review(see"Unreasonable Regulation"below). <br /> 4 These protections are provided in the 9°i paragraph of Section 3 of Chapter 40A.For ease,this document refers <br /> generally to Section 3 throughout. <br /> -4- <br />