One of the most common and reasonable questions developers ask when evaluating a potential Solar or Battery Energy Storage System (BESS) project is: “Is there a path to permitting?” It’s a fair question. No one wants to waste valuable time, capital, or human resources advancing a project that faces insurmountable regulatory hurdles. However, the answer to this question is often more nuanced than it appears.
At its core, what developers typically mean by this question is whether the proposed use is explicitly allowed by the local zoning code. Ideally, the municipality has adopted a zoning ordinance that clearly defines solar or energy storage as a permitted use within the proposed zoning district. The best-case scenario is when the project fits neatly within the code, meets all bulk requirements (such as setbacks, height, and lot coverage), and avoids the need for any variances or special use permits. In this situation, many would consider the project to have a “clear path to permitting.”
But zoning is rarely so black and white.
In reality, zoning regulations vary significantly from state to state, county to county, and town to town. There is no “one size fits all” approach, and many jurisdictions still lack specific provisions for solar or BESS projects in their zoning ordinances. In such cases, even if a project has sound technical and environmental merit, it may be forced into a more complex and uncertain approval process—such as applying for a use variance or navigating outdated or restrictive ordinances.
Even in cases where the zoning code does allow for renewable energy uses, the local political and social landscape can heavily influence permitting outcomes. For example, a project that appears by-the-book may encounter resistance if it’s located near a residential subdivision, if there’s local opposition to solar development, or if the project’s visibility affects influential community members. The fact that a project is allowed by code does not guarantee it will be approved. Community pushback, local elections, and subjective interpretations of planning board members can all play a role.
Conversely, a project that may seem non-compliant at first glance—such as one proposed in a jurisdiction that doesn’t address solar or BESS at all—may still have a viable path forward. In states like New York, I frequently see municipalities with outdated codes or restrictive language. In these cases, many developers assume the project has no permitting path and walk away. But in my experience, this can be a costly mistake. I’ve seen plenty of successful projects that required multiple variances, or special use permits yet ultimately received swift and favorable approvals after strategic engagement with municipal officials and a thoughtful public outreach campaign.
Over the course of my career—spanning more than 5,000 projects across both telecommunications and renewable energy—I’ve seen both sides of the coin. I’ve gone into zoning hearings bracing for a lengthy battle over multiple variances, only to walk out with a unanimous approval in a single meeting. I’ve also witnessed projects that seemed like a sure thing that get derailed by unexpected community opposition.
To be clear, having a project that is fully compliant with the local zoning code puts the municipality in a tougher position to deny, and it strengthens the developer’s hand if litigation is ever necessary. But litigation is expensive, time-consuming, and far from guaranteed. A proactive, strategic approach to permitting—one that accounts for both the written code and the unwritten local dynamics—is far more effective.
Key Steps for Navigating the Path to Permitting
Many of the tactics for managing this process were discussed in last December’s blog, Navigating the Permitting Process – Strategies for Successful Battery Energy Storage System (BESS) Development. As a refresher, here are a few key takeaways:
- Early Engagement: Meet with planning staff early to understand local attitudes and expectations.
- Gap Analysis: Review zoning codes thoroughly to identify potential hurdles before investing significant resources.
- Community Outreach: Don’t underestimate the power of local support—or opposition. Educate, listen, and engage early.
- Flexibility in Design: Consider modifying layouts or incorporating screening to address aesthetic or environmental concerns.
- Assemble a Local Team: Utilize consultants, attorneys, or advisors familiar with the region to guide your strategy.
Conclusion
Asking whether there’s a path to permitting is the right question—but it shouldn’t be the only one. A “path” doesn’t always look like a straight road. Sometimes it requires navigating winding turns, engaging with stakeholders, and taking a calculated risk. Developers who understand this—and are willing to roll up their sleeves—can unlock opportunities others might overlook.
The key is not to walk away too quickly just because a project doesn’t initially appear to “fit.” With the right approach, creativity, and persistence, many projects that seem challenging on the surface can become highly successful developments.
Joe Tassone Jr. is founder and a principal of Oncore Origination and has 30 years of project development experience. He is an expert in renewable energy development. Visit www.oncoreorig.com for more information.