Lee Planning Board Meeting on Clean Energy Bylaw – September 10, 2026

The Lee Planning Board held a meeting on September 10, 2026, to review and finalize a proposed Clean Energy Zoning Bylaw, required to comply with new state regulations taking effect October 1, 2026. The board discussed updates to solar, wind, and battery energy storage system regulations, and made numerous edits to the draft before moving it forward to the Select Board and Special Town Meeting.

Consent Calendar

• Approved the minutes of August 17, 2026, with no further discussion.
• Correspondence regarding bylaw amendments from the town of Lenox was noted.

Discussion Items

• Clean Energy Bylaw Overview: Land Use staff (Brooke) explained that new state regulations (effective October 1, 2026) require all 351 municipalities to have a permitting process for clean energy systems: anaerobic digesters, wind turbines, solar energy systems, and battery energy storage systems (BESS). The state released model bylaws only two weeks prior, creating a tight timeline. The proposed bylaw combines existing solar and wind sections into a new Clean Energy Article, updates the use table to align with state capacity-based thresholds (megawatt-hours, not acreage), and adds a new BESS section based on the state model.
• Solar Section Review: The board reviewed Peter's redlined version. They adjusted the use table to remove a defunct zoning district (BM) and added a column for projects over 25 MW that fall under state jurisdiction (Energy Facilities Siting Board, EFSB). The table uses "PRO" (prohibited) and "SP" (special permit) for different tiers and zones. The board also agreed to add language clarifying that the town may intervene as a party in EFSB proceedings.
• Wind Section Review: Discussion focused on the definition of "fall zone." The board decided to keep the definition but link it to the additional setbacks in paragraph 9, rather than deleting it. They agreed to standardize the setback for multiple towers to 1.5 times tower height (instead of a quarter mile). Other minor wording changes were accepted, including corrections to typographical errors.
• Battery Energy Storage Section Review: The board reviewed written comments from Tim. They agreed to many edits: clarifying that the consolidated permitting process does not exempt applicants from all requirements; retaining references to the Massachusetts Fire Code; adding language that fencing should, to the extent practicable, not interfere with wildlife movement (also to be added to the solar section); and striking some redundant text. The board also discussed the definition of aggregate energy capacity and decided to keep the state's definition.
• Financial Surety: The board discussed requiring financial surety for decommissioning. They agreed to add language that failure to maintain a current surety constitutes a violation, and that the surety can be an insurance policy or performance bond. The Land Use Department (not office) will establish a tickler system to track expirations.
• Procedural Changes: The board agreed to remove a requirement for a newspaper posting 14 days prior to a site visit, calling it unnecessary expense. They also reorganized sections to place application contents before special permit criteria for clarity.

Key Outcomes

• The board reached consensus on the draft with the discussed edits and directed staff to prepare a final version.
• Staff (Brooke) and Peter will finalize the draft by Monday, September 14, for submission to the Select Board and inclusion in the Special Town Meeting warrant on October 1, 2026.
• Specific changes: restore fall zone definition by reference; add wildlife-friendly fencing language to solar and BESS sections; remove duplicate newspaper posting requirement; add financial surety violation language; adjust use tables.
• No formal vote was recorded on the bylaw itself; the board worked by consensus.
• The meeting was adjourned by consensus.