On my Soapbox: new Town Plan excludes community from solar siting decisions

“Thanks for keeping it local,” is a Norwich mantra. Except … when it comes to the siting of solar panel farms. In that case, the Selectboard and Planning Commission think its okay to punt those decisions to the PUC. It is part of the new Town Plan, adopted by the Selectboard on Saturday, March 7.

The old Town Plan, adopted less than two years ago, took a case by case approach to commercial solar projects. Many Vermont towns do the same. That approach meant solar developers wanted the Selectboard’s blessing of the project in connection with applying for a permit from the PUC. As discussed below, the informal review process worked well in Norwich.

The new Town Plan eliminates the local step. My view is that community input and outreach on the local level should be encouraged not avoided.

Solar panel farms are not temporary structures. Once installed, I don’t see them being dismantled back to dirt, after the 25-year efficiency warranty on the individual panels expires. That is to say, new panels can replace old or obsolete ones. These solar farms will be with us for generations. A little local input is a good thing.

Preferred Site Status

At issue is something called “preferred site” status for solar panel farms. Since 2017, the PUC encourages solar farms, in the 150 kW to 500 kW range, to be built on such sites. These sites are mostly on developed land, such as existing rooftops, parking lots, and brownfields. In addition, for undeveloped land, the PUC largely left the question of preferred site status to individual Towns. There were concerns that “the state was usurping all local control because [the state] have gone strong for solar development,” explained Selectboard member John Langhus at the March 7th public hearing according to the draft meeting minutes. See also Overview of Preferred Siting In Vermont For Solar Projects in Selectboard packet for March 11, 2020 at 35 (to encourage projects that towns support).

Most importantly, there is a financial incentive for building on a preferred site. “A project is not [economically] feasible without preferred [siting],” said Mr. Langhus at the public hearing.

New Town Plan vs. Old Town Plan

New Town Plan

The new Town Plan declares essentially all land in Norwich to be a “preferred site.” See 2020 Town Plan at 28. Norwich is apparently unique in this approach. Treating all land in Norwich as ‘preferred’ reminds me of Lake Wobegon where all children are above average.

The justification for this approach is that State law as applied by the PUC is sufficiently protective. A corollary of that proposition, expressed by Town officials, is that a resident who has concerns about a project can always participate the PUC permit process. So much for “keeping it local.”

Old Town Plan

I prefer the approach of the old Town Plan adopted way back in 2018. That Town Plan at 10-4 identified as ‘preferred’ only four sites by lot number. Preferred site status for other parcels was determined on a case by case basis, under PUC Rule 5.103, by getting a “preferred site letter” from the Town and the regional planning commission. Many towns rely solely on the letter process and do not designate specific sites, said Mr. Langhus in a letter to the PUC cited below.

A preferred site letter is the essence of local control, giving the Town a say in siting decisions for solar panel farms. The developer does an informal ‘show and tell’. Selectboard members and the public get to ask questions. Easy peasy, particularly compared to the PUC process.

Notably, last May, Selectboard member Langhus extolled the virtues of that process in a letter filed with the PUC last May.

I have found the preferred site letter process to be valuable. It is a tool that encourages coordination between municipalities, regional planning commissions, solar developers and landowners early on in the process. Norwich has engaged in these discussions now for three different sites and I think all constituents have appreciated the availability of this process. I believe that this early coordination has ultimately resulted in better projects, with greater community support.

Letter dated May 13, 2019 filed in PUC in Case No.19-0855-RULE by John Langhus, Owner, Wisdom & Power LLC and Selectboard Member, Norwich VT.

“[B]etter projects, with greater community support.” What’s not to like?

I guess not enough for the Selectboard, which approved the Town Plan unanimously.