City Of Boston Adopts Streamlined Permitting Process And New Zoning For Small Clean Energy Infrastructure

The City of Boston recently adopted a new zoning amendment for Small Clean Energy Infrastructure to implement the consolidated permitting mandate of the state’s 2024 Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers. For renewable energy developers, the amendment means a defined permitting pathway with a 12-month decision deadline. It also provides clear dimensional standards for non-building-integrated battery energy storage systems (BESS) and—for accessory BESS installations with a site footprint of 400 square feet or less—by-right zoning in any district.

Background

The 2024 Act’s implementing regulations at 225 CMR 29.00 direct municipalities to implement a consolidated permitting process for Small Clean Energy Infrastructure Facilities by October 1, 2026. Under 225 CMR 29.00, “Small Clean Energy Infrastructure Facility” encompasses three categories of projects:

1. Small Clean Energy Generation Facilities: energy generation facilities with a nameplate capacity of less than 25 MW, including anaerobic digestion facilities, solar facilities, and wind facilities.
2. Small Clean Energy Storage Facilities: energy storage systems with a rated capacity of less than 100 MWh.
3. Small Clean Transmission and Distribution Infrastructure Facilities: including reconductoring and rebuilding projects, new or substantially altered transmission lines in existing corridors up to 10 miles, new corridors up to 1 mile, standalone substations, and certain distribution-level projects.

For such facilities, the regulation establishes a comprehensive permitting framework that includes a “Consolidated Local Permit” application process. Large Clean Energy Infrastructure Projects—such as substations and BESS over 100 MWh—are subject to review by the state Energy Facilities Siting Board (EFSB) and are not covered by this framework.

While 225 CMR 29.00 is self-executing as to the consolidated permit pathway—requiring all municipalities to accept Consolidated Local Permit applications by October 1, 2026, regardless of whether they have affirmatively adopted implementing local bylaws or ordinances—municipalities may elect to enact legislation to tailor the process to their local regulatory structure. The Department of Energy Resources (DOER) has published a model bylaw to assist local governments with implementing the requirements of 225 CMR 29.00, although its adoption is not required. 

Consolidated Permit Process

The amendment expands Article 88 of the Boston Zoning Code, which previously addressed only Wind Energy Facilities, to now cover the Consolidated Local Permit process for Small Clean Energy Infrastructure Facilities. This process implements 225 CMR 29.00 at the municipal level, designating the Director of the Boston Redevelopment Authority (BRA) as the local government representative responsible for administering the coordinated review process.

• Applicability: The pathway is generally optional for proponents of Small Clean Energy Infrastructure Facilities, but it is mandatory for certain BESS projects: (1) BESS as a main use; (2) BESS with a site footprint of at least 400 square feet that is not integrated into a building; or (3) BESS with a fence or fire wall taller than 7 feet that is not integrated into a building.
• Application Contents: Before filing, proponents generally must complete site-suitability and pre-filing requirements under 225 CMR 29.07 and 29.08 (although certain smaller facilities may qualify for exemptions). The application must include the information listed in 225 CMR 29.09(2), together with the documentation and materials needed for all applicable local permits and approvals. The BRA Director must determine completeness within 30 days; if no determination is issued during that period, the application is deemed complete and eligible for review.
• Coordinated Review: Once an application is deemed complete, a 12-month concurrent review period begins. Six local entities review the applicable components in parallel: the BRA (site plan and zoning), Boston Parks & Recreation (design review), the Boston Water and Sewer Commission (water and stormwater permits), the Boston Conservation Commission (wetlands protection and climate adaptation), the Boston Landmarks Commission (design approval and demolition delay), and the Boston Public Health Commission (junkyard, solid waste, recycling, and container storage lot regulations). 
• Approval/Denial: The BRA Director, in conjunction with the BRA Board, issues a single final decision incorporating all component decisions. The application is approved only if every component is approved, including approval with conditions, and is denied if any single component is denied. If no decision is made within 12 months, the application receives constructive approval. 
• Appeals: Applicants and other individuals or entities “substantially and specifically affected” by a Consolidated Local Permit decision may petition the EFSB for de novo adjudication—meaning a fresh, independent review of the application that is not limited to the record before the City. Under 225 CMR 29.10(8), a petition must be filed within 30 days of the final permit decision.
• Monitoring, Maintenance, and Decommissioning: The amendment also establishes performance standards for monitoring, maintenance, and decommissioning of Small Clean Energy Infrastructure Facilities; creates a decommissioning fund for Small Clean Energy Infrastructure Facilities; and generally requires payment of a surety to cover estimated removal costs (with limited exceptions).

By-Right Zoning for Accessory BESS

In addition to establishing the above Consolidated Local Permit process, the amendment provides that an Accessory Battery Energy Storage System (defined as a BESS “customarily incidental and subordinate to a lawful main use on the same lot”) with a site footprint of 400 square feet or less is classified as an “allowed use” in any zoning district or subdistrict—meaning it may proceed without conditional use approval under Article 6 of the Boston Zoning Code or a Consolidated Local Permit.

Dimensional Regulations for Non-Building-Integrated BESS

The amendment also establishes dimensional regulations for all BESS not integrated into buildings—whether main-use or accessory—addressing setback requirements, height limits, lot coverage calculations, and fencing restrictions. Main-use and accessory BESS are subject to different yard placement rules, and certain dimensional restrictions may be modified through the Consolidated Local Permit process. The amendment expressly notes that BESS installations have no parking or loading requirements.

Conclusion

Developers planning small clean energy projects in Boston should begin factoring the new framework into their project timelines. The consolidated permit pathway—available for all Small Clean Energy Infrastructure Facilities and mandatory for certain BESS installations—offers a single application, coordinated City review, and a 12-month decision deadline. Developers should also review the new setback, height, and lot coverage rules when siting non-building-integrated BESS installations. And for accessory BESS with a site footprint of 400 square feet or less, the path is straightforward: use by right in any district, no zoning permit required.