CSI Siting Information
Establishment of siting criteria
The Solar Act of 2021 directed the Board to establish siting criteria for all CSI-eligible facilities, defined at N.J.A.C. 14:8-1.2 as “all grid supply solar facilities and net metered solar facilities over 5 MW as measured in direct current (MWdc), connected to a distribution or transmission system operated by a New Jersey electric distribution company.” The Board requires that all solar facilities, whether or not their owner/operators opt to seek incentives through the CSI Program, be required to register their respective solar projects with the CSI Program registration manager so that the Board is able to track and monitor all solar facilities subject to New Jersey’s solar siting rules.
Siting rules are published to the New Jersey Register at N.J.A.C. 14:8-12. These rules apply to all solar installations that would be eligible to compete in the Competitive Solar Incentive (CSI) Program.
Prohibited land use types
CSI-eligible facilities are prohibited from siting on the following land use types, as listed at N.J.A.C. 14:8-12.3:
- Land preserved pursuant to the Green Acres Program, as defined at N.J.A.C. 7:36;
- Land located within the preservation area of the Pinelands area, as designated in subsection b. of section 10 at P.L. 1979, c. 111 (N.J.S.A. 13:18A-11);
- Land designated as forest area in the Pinelands Comprehensive Management Plan adopted pursuant to P.L. 1979, c.111 (N.J.S.A. 13:18A-1 et seq.);
- Land designated as freshwater wetlands, as defined pursuant to P.L. 1987, c. 156 (N.J.S.A. 13:9B-1 et seq.), or coastal wetlands, as defined pursuant to P.L. 1970, c. 272 (N.J.S.A. 13:9A-1 et seq.);
- Lands located within the Highlands preservation area, as designated in subsection b. of section 7 at P.L. 2004, c. 120 (N.J.S.A. 13:20-7b);
- Forested land and associated transition zones; and
- Covered agricultural lands in excess of the Statewide threshold of 2.5 percent of such soils, as set forth at N.J.A.C. 14:8-12.4.
Pursuant to N.J.A.C. 14:8-12.6, those seeking to site a CSI-eligible facility on non-agricultural prohibited land uses may file a petition with the Board to waive the prohibition for good cause shown. A petitioner for a land use waiver must provide sufficient evidence that a project serves the public interest and set out the unique factors that make the project consistent with the character of the specific site. A petitioner may include evidence of community support; approval(s) from an overseeing agency at the State or Federal level; considerations of alternative siting, compensatory mechanisms for any detrimental effects, and/or resiliency benefits to critical infrastructure, services or communities; a valid letter of interpretation or other determination of resource value classification; and/or considerations for and avoidance of the net loss of environmental resources. For a contaminated site or landfill sited on prohibited land uses, a petitioner may also include maps and/or details on the status of applicable compliance and/or remediation requirements. The Board may consult with other State agencies in making a waiver determination.
Relevant board orders
Board order January 10, 2024
IN THE MATTER OF THE PETITION OF NEXTGRID INC. FOR AN ORDER ISSUING A WAIVER FOR THE DEVELOPMENT OF A SOLAR ELECTRICITY GENERATION FACILITY IN THE NEW JERSEY PINELANDS PRESERVATION AREA PURSUANT TO THE COMPETITIVE SOLICITATION INCENTIVE PROGRAM SITING REQUIREMENTS
Board order January 10, 2024
IN THE MATTER OF THE PETITION OF THE NORTH JERSEY DISTRICT WATER SUPPLY COMMISSION, IN CONJUNCTION WITH NEXAMP SOLAR, LLC., FOR A FLOATING SOLAR PROJECT ELIGIBILITY WAIVER UNDER THE COMPETITIVE SOLAR INCENTIVE PROGRAM, (P.L. 2021, C. 169)