Dual-Use Solar Pilot Program Siting Information
Dual-Use solar facilities are prohibited from being sited on the following:
- Land designated as freshwater wetlands, as defined pursuant to P.L.1987, c.156 (N.J.S.A. 13:9B-1 et seq.);
- Land designated as coastal wetlands, as defined pursuant to P.L.1970, c.272 (N.J.S.A.13:9A-1 et seq.);
- Land located within the preservation area of the Pinelands area, as designated in subsection b. of section 10 of 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 located within the Highlands preservation area as designated in subsection b. of section 7 of P.L.2004, c.120 (N.J.S.A. 13:20-7);
- Land preserved pursuant to the NJDEP’s Green Acres Program, as defined at N.J.A.C. 7:36; or
- Forested land and associated transition zones, as defined pursuant to N.J.A.C. 14:8-12.2.
Any entity seeking to locate a Dual-Use Solar Energy Project on prohibited land uses as described in N.J.A.C. 14:8-13.6(b) may file a petition with the Board in accordance with the requirements of N.J.A.C. 14:1-1.2(b) seeking to waive the prohibition for the entity’s special case and for good cause shown. The Board, or its designee, shall make a positive finding with regard to any such petition only upon:
1. Consulting with other State agencies, as appropriate
2. Determining that the petitioner has documented sufficient facts and circumstances establishing the public's specific interest in siting the proposed Dual-Use Solar Energy Project on or within a specific prohibited land use; and
3. Finding that the waiver is in the public interest.
The Board, or its designee, may request additional documentation or evidence from a Dual-Use Solar Energy Project prior to approving or denying a request for any waiver pursuant to this section.
For additional information on how to file a petition, please go to the Dispute Resolution page. Specific to filing a petition for a siting waiver in the Dual-Use Pilot Program, please see FAQs under “Siting and Land Use” within the General FAQs.