Local Permitting - Preventing Weaponization of the Process

Presentation Description: For projects where there are no federal or state siting/development permit requirements, renewables/energy projects are often subject to local zoning regulations, Conditional Use Permits requirements, and other development related approvals. Many counties and municipalities across the country have become more educated and have enacted ordinances with well-established requirements. While other, often more rural counties and townships, continue to be virtually unregulated, from a private-land development standpoint. The level of knowledge of the renewables development process within local authorities often varies widely.  This presentation would be best suited for the panel comparing local permitting processes, as the goal is to discuss real-life scenarios that we've seen during permitting process across the country. I personally represent my clients during pre-planning and public hearings for various Zoning approvals, Conditional/Special Use Permits, and County Board Meetings....for wind, solar, BESS, and transmission projects. My clients and I have experienced huge successes along with huge setbacks during the development of hundreds of projects. We've seen firsthand, how uneducated county officials and/or the public hearing process can hijack the process, causing major schedule delays and uncertainty for project proponents. For example, a combined wind/solar/BESS project's CUP approval process was recently held up, after a lot of input from the public wanting an Eagle Take Permit to be implemented....PRIOR to the CUP being approved.  Anyone who even remotely understands the eagle take permitting process understands that it can take YEARS to obtain, if it ever actually happens. It's taken months of time to educate the local planning & zoning commission, as well as the Board of Commissioners, on how the process actually works.  This is a prime example of how the local approval process can be weaponized by requiring additional items that are completely out of their purview. All while heavily impacting project schedule and budget.