Glossary Category 4: Permitting & Environmental Review
Detailing the core regulatory, environmental, and procedural terms every U.S. renewable project must navigate during development.
Permitting
Definition: The process of obtaining official government approvals needed to construct and operate a renewable energy facility.
Example: A 200 MW solar project in Colorado must obtain a Conditional Use Permit from the county, an air permit from the state, and a stormwater permit from the EPA.
Note: Permitting requirements vary by location, project size, and whether federal lands or funds are involved.
Conditional Use Permit (CUP)
Definition: A discretionary zoning approval allowing a specific use (like solar or wind) on a property where it’s not automatically permitted by zoning.
Example: A battery storage project in a light industrial zone applies for a CUP with conditions like noise limits, landscape buffers, and fencing.
Process: Involves public notice, hearings, and local planning commission approval.
Special Use Permit (SUP)
Definition: Similar to a CUP, an SUP allows exceptions to local zoning rules for specific land uses under certain conditions.
Example: A wind farm seeks an SUP in a rural agricultural zone to place turbines taller than the zoning height limit.
Use: Common for utility-scale renewables in counties without dedicated energy zoning codes.
Environmental Review (NEPA)
Definition: The federal process of assessing environmental impacts under the National Environmental Policy Act (NEPA) when a project involves federal land, funding, or approvals.
Example: A solar farm on BLM land in Nevada triggers an Environmental Impact Statement (EIS) due to its size and proximity to critical habitat.
Levels: Categorical Exclusion (CE), Environmental Assessment (EA), or Environmental Impact Statement (EIS).
Environmental Assessment (EA)
Definition: A mid-level NEPA document prepared to determine whether a project’s impacts are significant.
Example: A 20 MW wind project proposes turbines on U.S. Forest Service land and completes an EA that leads to a Finding of No Significant Impact (FONSI).
Note: Faster and less detailed than a full EIS.
Environmental Impact Statement (EIS)
Definition: A detailed, formal NEPA document required for projects expected to have significant environmental effects.
Example: A 500 MW solar project that affects endangered species habitat undergoes an EIS process with public comment, agency coordination, and mitigation planning.
Outcome: The lead agency issues a Record of Decision (ROD) approving or denying the project.
Finding of No Significant Impact (FONSI)
Definition: A NEPA conclusion stating that, after an EA, a project will not cause significant environmental harm and can proceed without an EIS.
Example: A standalone battery storage site near existing infrastructure receives a FONSI and begins construction.
Purpose: Streamlines approval when impacts are minimal or mitigated.
Record of Decision (ROD)
Definition: The official federal decision issued after an EIS that authorizes a project to move forward under NEPA.
Example: The Bureau of Land Management issues a ROD for a solar project after a 2-year EIS and tribal consultation.
Note: Projects cannot proceed on federal land without this.
State Environmental Policy Act (SEPA)
Definition: Some states have their own environmental review laws similar to NEPA (e.g., CEQA in California, SEQRA in New York).
Example: A solar developer in California must complete a CEQA Initial Study and Mitigated Negative Declaration (MND) before the county can issue a CUP.
Important: SEPA requirements may apply even without federal involvement.
Section 404 Permit (Clean Water Act)
Definition: A federal permit from the U.S. Army Corps of Engineers for any project that discharges dredged or fill material into “waters of the U.S.,” including wetlands.
Example: A solar farm in Georgia needs a 404 permit to build an access road across a seasonal stream.
Often paired with: Section 401 Water Quality Certification from the state environmental agency.
Endangered Species Act (ESA) Consultation
Definition: A required federal process to ensure a project won’t harm threatened or endangered species or their habitat.
Example: A wind farm near golden eagle nesting territory undergoes Section 7 consultation with the U.S. Fish and Wildlife Service.
Outcome: May lead to project modifications or mitigation measures.
Avian and Bat Protection Plan (ABPP)
Definition: A voluntary or required plan that outlines steps to reduce bird and bat mortality from wind turbines or transmission lines.
Example: A Texas wind developer implements an ABPP that includes turbine curtailment during peak bird migration hours.
Note: Increasingly standard for wind projects to meet permitting expectations and minimize liability.
Migratory Bird Treaty Act (MBTA)
Definition: A federal law protecting migratory birds from harm, including incidental take (unintentional deaths), which can occur from turbines or overhead wires.
Example: A solar developer in the desert designs panel spacing to reduce bird collision risk, in line with MBTA guidance.
Enforcement: The law has fluctuated under different administrations—consult current USFWS guidelines.
State Permitting Agencies
Definition: Each state may have its own energy siting board or permitting agencies that oversee large projects.
Example: In Oregon, utility-scale solar projects over 50 MW go through the Energy Facility Siting Council (EFSC) rather than local county permitting.
Know your state: Rules vary—some states centralize permitting; others leave it to counties or townships.
Local Ordinance
Definition: Rules adopted by cities or counties that govern the design, location, and operation of renewable energy projects.
Example: A county ordinance may require wind turbines to be setback 1,500 feet from homes and limit nighttime noise to 45 dBA.
Tip: Always review local code—many issues (like fencing, glare, and decommissioning) are regulated locally.
Decommissioning Plan
Definition: A document required by permitting authorities outlining how a project will be removed at the end of its life and how the site will be restored.
Example: A solar lease includes a requirement to remove all equipment and restore soil to pre-project condition after 35 years.
Often includes: Estimated costs, timelines, and financial assurances (e.g., bond or escrow).
Stormwater Pollution Prevention Plan (SWPPP)
Definition: A plan required under the Clean Water Act for construction sites disturbing over 1 acre, detailing how erosion and runoff will be managed.
Example: A battery storage facility submits a SWPPP to the state to cover grading, silt fencing, and spill control during site work.
Filed With: Typically state environmental departments or EPA, depending on jurisdiction.
Fire Code / Battery Safety Compliance (NFPA 855)
Definition: Standards for energy storage systems, especially lithium-ion batteries, to ensure fire safety and emergency response planning.
Example: A 100 MW BESS in Arizona must submit a fire protection plan in compliance with NFPA 855, reviewed by the local fire marshal.
Includes: Safety systems, fire-resistant containers, signage, and access for emergency personnel.