On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for solar energy systems in General Laws Chapter 40A, section 3. The unanimous opinion, authored by Justice Lowy, makes clear that large-scale solar generation systems are protected under the statute because they are considered crucial to promoting solar energy in the Commonwealth, but that they may be subject to reasonable zoning limits on their “magnitude and location” that have a reasonable public health, safety, or welfare justification. Importantly, the opinion makes clear that a municipality may not justify zoning out large-scale solar facilities on the grounds that it permits other types of ancillary solar uses.
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