Solar photovoltaics (PV) are not a one-size-fits-all solution for every community. However, every community has the opportunity to thoughtfully incorporate solar into their development.
One of the most important things to remember is that solar projects come in many different sizes and use-cases, so zoning ordinance needs to reflect this diversity in project type. Below are several types of solar projects that will require different zoning parameters.
Accessory Use
Rooftop Residential
Smaller systems, around 10kW, that are affixed to the roof of a new or existing home. Since most homes have sloped roofs, the panels are usually installed to match the slope.
Rooftop Commercial
Smaller systems, around 10 – 20 kilowatt (kW), that are affixed to the roof of a commercial, industrial or manufacturing business. These roofs are usually flat and have more usable space for PV panels, but must be installed at an angle, not flat, to capture more of the sun’s energy.
Ground-mount
Panels that are installed directly on the ground, not a structure, but are still an accessory use to the main function of the property. Ground-mount panels can be allowable for both residential or commercial districts, and are a popular choice if a roof is unsuitable for PV (i.e., too old, shaded, wrong orientation).
Primary Use
Utility Scale
Large scale installations, ranging from anything over 1 megawatt (MW) up to 1 gigawatt (GW), with different definitions between industries and government agencies. The important distinction for such a project is that energy production from PV is the primary use for the parcel of land.
Solar + Storage
Battery units installed with solar energy to capture excess energy in times of high production to be used when panels are not producing energy. Energy storage can require additional safety considerations.
Mixed-Use Solar
Agrivoltaics
Dual purpose solar, combined with cropping systems or grazing animals. Such a usage requires special zoning separate from primary use or utility scale solar and may only be appropriate in existing agricultural districts.
Definitions
One of the first steps you can take is to add definitions for the different types of solar, shown above, to your zoning ordinance. The definitions included below are from the U.S. Department of Energy’s SolSmart program’s Solar Energy Toolkit: Planning, Zoning, & Development.
- Solar energy system: A device, array of devices or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage and distribution of solar energy for space heating or cooling, daylight for interior lighting or water heating.
- Solar photovoltaic system: A solar energy system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters and wiring.
- Grid-connected solar energy system: A solar photovoltaic system that is connected to an electric circuit served by an electric utility company.
- Roof-mounted solar energy system: A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure. Roof-mount systems are accessory to the primary use.
- Ground-mounted solar energy system (Accessory Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the primary use.
- Ground-mounted solar energy system (Primary Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through a discretionary approval process.
By-Right Use
The second most impactful thing a community can do is to add accessory rooftop solar as a permitted use, by-right, in all zoning districts. The types of projects by-right permitting would apply to, as pictured above as Rooftop Residential and Rooftop Commercial, are extremely standard and simple in today’s solar economy. A community can set their established development standards, based on engineering and safety best practices; as long as the accessory-use solar meets those standards through the permitting and inspection process, no additional oversight or approval is needed.
For more information on solar as a by-right use, check out this webinar produced through the U.S. Department of Energy’s SolSmart Program. It provides additional strategies on how to incorporate solar into local plans, ordinances and development regulations.
Learn More About Direct Pay
The direct pay tax credits provided through the Inflation Reduction Act were a game-changer for local governments in terms of spurring clean energy projects in communities across the country. While the 2025 tax bill made changes to the availability of the tax credits and project requirements, there is still an opportunity for local governments to take advantage of them for projects completed in 2024 and 2025, and in the years to come. The next filing deadlines are Feb. 15 and May 15, depending on your community’s fiscal/tax year.
Local leaders can take two actions to help ensure these tax credits are available for future financing for clean energy projects:
- Let your Members of Congress know about the clean energy projects planned in your community and how the tax bill changes will impact the viability of those projects.
- Any community that previously filed for Direct Pay in 2024 or 2025 is encouraged to add their project to the Local Government Direct Pay Tracker to help build out a public dashboard and show the impact of the clean energy tax credits.
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