An article from this weekend’s Courier Post highlights the fact that alternative energy sources, such as wind power, are not exactly receiving wide-spread acceptance under local zoning codes in New Jersey. According to the article, environmental organizations such as the Sierra Club are supporting legislation which would make substantial changes to state law to encourage the development of windmills and solar power.

The story refers to several legislative proposals, including a bill (S1303/A3062) pending in the legislature that would codify windmills and solar power facilities as “inherently beneficial uses” under the Municipal Land Use Law. Passage of this amendment to the MLUL would put such alternative energy facilities into a narrow classification of uses that satisfy the “positive criteria” in a “use” variance analysis. Applicants proposing such facilities would still have the burden of proving to a land use board that the proposed use does not have a negative or detrimental impact on the zoning plan for the community.

One significant bill (S1538/A2859) not mentioned in the story involves allowing the installation of solar and wind generation facilities on certain preserved farmlands and includes solar and wind energy generation on commercial farms as protected activities under the “Right to Farm Act.” This bill is pending in the Assembly after passing the Senate in June in a 36-0 vote, with 4 senators not voting.