h2ofun
Active Member
nutsIt has also been brought to my attention that ESS which are charged as part of a PV solar array fit into the state definition of a Solar Energy system and therefore the AHJ are not supposed to make rules against the location of them from a planning perspective. The Solar Rights Act is intended to prevent local AHJ from NIMBY rules against solar and energy storage systems.
However, some local jurisdictions enforce setbacks to an ESS system, which would be proposed on a wall of an existing permitted house or garage. Some local jurisdictions have increased setbacks from the property line and for instance you are not allowed to install your ess (or any new construction) within 40' of the front property lines or 20' from the side and rear PL. This is despite some of these homes having parts of the house including the service entrance or the garage inside this setback.
We just started pushing back against one of them, and the plan check comments we got in response showed they were not happy with the challenge to their authority. In this case it is the silliest thing because the house is like 10' away from the 10' setback. They are literally denying an ESS permit because it sticks off the wall 6 inches into a 10' setback.