Zoning & Land Use Impacts on Permitting Solar Development Projects in Pennsylvania

Zoning & Land Use Impacts on Permitting Solar Development Projects in Pennsylvania

Solar project developers new to operating in Pennsylvania may be surprised to learn that the State has over 2,500 municipalities each having the ability to govern land use in their community, in addition to county and state-level oversight and rules.  This diverse setting creates inconsistency for solar project permitting from site to site across Pennsylvania.  Solar project land use permit applications have been denied or delayed for several reasons, including lack of specificity in application submittals, use of incorrect application forms or inadvertent county ordinance violations. The Pennsylvania Department of Environmental Protection published a resource for developers to educate the industry on the nuances of operating in Pennsylvania, click here for additional information.

How to Overcome the Roadblocks

1. Be Mindful of Local Rules and Requirements When Submitting Project Details. For example, a municipality or county land use permit application may require detailed plans of the project addressing a specific concern unique to the applicable community at the onset of project permitting, such as stormwater management plans or a thorough glare analysis study. Failure to adhere to local requirements and coordinate with local officials from the onset could put the project at risk. Commonwealth Court upholds ruling against Mt. Joy solar project | Local News | gettysburgtimes.com
2. Make a Checklist of Necessary State and Local Permit Application Materials. In addition to coordinating with local and county officials, your planning should include consultation with the Pennsylvania Department of Environmental Protection (DEP). Because of the diverse nature of Pennsylvania’s land use and the volume of potentially applicable permit requirements, the DEP created the DEP Permit Application Consultation Tool (PACT) to assist applicants who are considering siting a new project in the state to determine which type of environmental permits, authorizations or notifications are required. This tool serves as the foundation for a Pre-Application Conference/Meeting to discuss the project plan. Similarly, county and local governments may each have their own unique regulations for permitting to align with zoning, building codes and safety standards. Best practices should include a review of local rules and regulations, and communications with the applicable authorities via pre-application meetings to ensure a successful and seamless process.
3. Adapt Project Designs to Local Regulations and the Location of the Project in the Community. Zoning ordinances vary between municipalities. While one community may not have a zoning ordinance specific to solar projects, the neighboring community may have rules that significantly affect project design and site feasibility. Additionally, municipalities may allow different uses depending on their classification of land for residential, commercial or other uses in the community. For example, the Fayette County Zoning Board initially denied a developer’s proposed plan in Georges Township because the project design did not align with the residential use restrictions where the project was proposed. While other solar projects have been approved in non-residential areas within the County, this proposed project was to be built within a residential zone which required additional setbacks. The board advised that the project developer needed to account for a setback buffer of at least 500 feet from the property line of the nearest adjoining residence and 1,000 feet from the nearest school, greatly impacting the feasibility of the project.

A Brief Study of Land Use Decisions in Pennsylvania

1. In 2019, a developer sought approval for Brookview Solar I LLC, through a conditional use application to construct a solar energy system spanning approximately 500 acres. Although the application complied with the required setback and landscaping provisions of the township’s ordinance, it was denied because of the failure to address stormwater management, access roads, and maximum lot coverage (Pa. court denies Gettysburg-area solar project | StateImpact Pennsylvania). The township subsequently revised their ordinance to exclude large scale solar development on prime farmland (Class I and II agricultural soils) among other protected areas. A copy of their recent zoning code can be found at the following link: https://ecode360.com/32728351#32728357.  Following the initial project denial, in 2022, Brookview appealed the denial to the Lancaster County Common Pleas Court. The Common Pleas Court held that it was obligated to uphold the standard of review, and affirmed the Board of Supervisors denial of Brookview’s conditional use application. The Court’s reasoning was that Brookview did not satisfy all of the criteria in the zoning ordinance. Then, in 2023, Brookview appealed this decision to the Commonwealth Court. This Court evaluated the Common Pleas decision that Brookview failed to specify stormwater management, lot coverage and internal movement in its application. Brookview acknowledged that its application did not include substantial details regarding stormwater management, access roads, and maximum lot coverage, but said that level of detail was unnecessary for a complete conditional use application. The Commonwealth Court disagreed with Brookview, deferring to Mount Joy Township’s ordinance requirements that require more detail within permit applications.

2. In 2021, Lebanon Solar applied for a conditional use permit to build an 858-acre solar farm in Lebanon County. This use was denied by North Annville Township because the application did not meet bonding and County stormwater management requirements. In April 2022, the township denied Lebanon Solar’s application, which was later appealed. In January 2024, the Lebanon County Common Pleas Court denied developer Lebanon Solar’s application for conditional use approval under the township’s zoning ordinance. A June 2024 news article regarding appeal to the Commonwealth Court of Appeals can be found here: Lebanon Solar I, LLC, v. North Annville Township Board of Supervisors and Grady Summers — Lebanon County Legal Journal.
3. In 2024, a proposed solar project spanning 46 acres of an agriculturally-zoned area was denied in Luzerne County (Northeastern Pennsylvania Community Rallies Against Proposed Solar Projects | Farming and Agricultural News ) Residents persuaded the township officials that the proposed development in Lehman Township would negatively impact property values, privacy, recreational uses, local wildlife and could result in significant forest removal. The zoning board agreed, resulting in a denial of the project. Lehman Township emphasized that solar development projects should prioritize previously degraded land rather than converting existing green spaces and farmland zoned for agriculture.
4. In early 2025, North Sewickley Township denied a zoning application for a Beaver County solar farm. The proposed use would span approximately 80 acres of wooded area. The developer was to show “minimal impact” to the community from the development, but the board denied on the grounds that it would cause a major impact, particularly with flooding and property values. In support of the Township’s decision, a board member advised that “They were out of variance with the zoning with the three lots”. A news article regarding the Township’s decision can be found here: Beaver County Solar Farm In North Sewickley Township Denied Zoning Application – Ellwood City, PA news. Additionally, the North Sewickley Township Zoning Ordinances can be found here, including a 2024 change removing commercial scale solar projects from permitted uses, and designating such projects as a use by special exception in only the Township’s AR district.
5. In April, a solar developer filed a court action challenging a new solar-specific zoning ordinance passed by East Huntingdon Township in Westmoreland County. The challenge is focused on the procedural adoption of the ordinance and constitutionality of the ordinance’s impact on solar development in the community. A summary can be found here: East Huntingdon solar farm ordinance faces court challenge from Erie-based company.

Zoning Application Procedure

Before planning your next project, be sure to review the latest applicable local and county land use rules and regulations.  Local governments often welcome the opportunity to discuss proposed projects in advance of filing permit applications.  Atencio Hall will continue to monitor and report on trends in land use and case law affecting solar project development in Pennsylvania.

Please contact Christopher J. Hall at 412-275-5613 or [email protected] or Nicolette M. Sellitti at 412-275-5082 or [email protected] to discuss your next solar project development plans.