Southborough, MA Solar Energy: Panel Permits (2026)

Chapter 174 regulates solar in two sections, and both apply to systems that are structurally mounted on the ground with a minimum nameplate capacity of 250 kW. Section 174-13.7, as-of-right siting, defines that term to mean development may proceed without a special permit, subject to site plan review and regulation by the Building Commissioner. Systems identified in the Industrial and Industrial Park Districts Overlay District undergo site plan review by the Planning Board prior to construction, installation or modification. Section 174-13.6 is the earlier special permit track: systems of that size are only allowed in the Industrial and Industrial Park Districts and undergo special permit and site plan review by the Planning Board.

The building permit step is the same in both. Under § 174-13.7(I), no commercial solar energy system can be constructed, installed or modified without first obtaining a building permit, and the definitions say the Building Commissioner issues it to show the project is consistent with the state and federal building codes and local zoning bylaws. Under subsection H, before building permits issue and to the extent permissible by law, construction and installation must be secured in accordance with the bylaw or regulations adopted under it.

The Planning Board conducts the review and a public hearing and files its decision with the Town Clerk (subsection L). The site plan approval decision is valid for a twelve-month period unless renewed or extended by the Planning Board after an application (subsection K). Design standards require underground utility connections unless specifically permitted otherwise, bar lighting unless required by the Planning Board or the State Building Code, and limit signage to size determined by the Planning Board. Any person aggrieved by the Planning Board's site plan action can appeal to the Zoning Board of Appeals (subsection N).

A system is abandoned when it fails to operate at 50% capacity for more than one year without the Planning Board's written consent. The owner must remove it no more than 150 days after discontinued operations and notify the Planning Board by first class and certified mail, return receipt requested.