DOER Publishes Guidelines, Model By-laws for Consolidated Local Permits

Back in 2024, the Legislature passed and the Governor signed An Act Promoting a Clean Energy Grid Advancing Equity and Protecting Ratepayer, Ch. 239 of the Acts of 2024. Thereafter, the Department of Energy Resources (DOER) adopted 225 CMR 29.00, regulations to implement the Act. October 1 is fast approaching, the date by which every municipality must allow applicants for Small Clean Energy Infrastructure Facilities, defined in the regulations, to apply for a consolidated local permit. All non-ministerial local permits must be issued in 12 months or the permit is deemed approved.   

The regulations do not displace local by-laws nor do they require that municipalities adopt zoning amendments. The municipalities should consider naming a Local Government Representative, who is charged with confirming the completeness of the application, circulating it among the local boards who are required to act, compiling the individual boards’ decisions, and issuing the consolidated decision. Appeals of the local decision are de novo to the Energy Facilities Siting Board. 

DOER has recently issued a plethora of helpful guidance, forms and model by-laws, among them: 

• The consolidated permit application (required) 

• An application completeness review checklist 

• Final decision form 

• FAQs for municipalities 

• And more! 

  
  

The DOER website has all the information as well as information on how to access technical assistance. DOER is also scheduling in-person training around the state, so keep an eye out for training in your area.