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Proposed Patmos solar project put on hold for three-month DNR bog-turtle study; CPCN can preempt local zoning
Summary
Town staff said a developer must complete a three-month Department of Natural Resources endangered-species study for a proposed solar facility on the Patmos property; in addition, staff reminded the commission that a state Certificate of Public Convenience and Necessity (CPCN) can preempt local zoning for utility-scale solar projects.
The Hamstead Planning and Zoning Commission was told a proposed solar facility on the Patmos property will be delayed while the developer conducts a Department of Natural Resources endangered-species study.
Zoning Administrator Jim said the DNR review will take April through June, effectively moving the commission’s further consideration of the project to July. "So that's where that is," he said, noting that the plan could remain unchanged, be altered or be withdrawn depending on the study's findings.
Jim also explained a regulatory constraint that affects how the town can respond to large solar proposals: a developer can apply for a Certificate of Public Convenience and Necessity (CPCN) from the state Public Service Commission, which can override local zoning for certain energy facilities. When asked what "necessity" means, Jim said the standard is broad and tied to energy need.
Why it matters: the DNR study could change or halt the project if it finds endangered species habitat on the site, and the potential for a CPCN means state review can limit the town’s control over siting of large energy projects.
Next steps: the developer will complete the DNR study in April–June and the commission expects an update in July; the town will monitor both the biological review and any CPCN filings.
