Small Clean Energy Infrastructure Permitting and Zoning

Latest Update

• Final Article 88 Amendment - Adopted 9/9/2026
• Draft Zoning
• See the full 225 CMR 29.00 here

Overview

The City of Boston’s permitting process and zoning amendments for Small Clean Energy Infrastructure are effective as of September 14, 2026. This initiative aligns with the City’s and the Commonwealth’s broader climate goals to achieve net zero carbon emissions by 2050, increase resilience, and modernize the electrical grid. 

The 2024 Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers (“2024 Climate Act” or the"Act”) required the City of Boston to adopt a Consolidated Permit Pathway for Small Energy Infrastructure (CMR 29.00) to achieve our emissions goals. This optional pathway for developers abides by the new Consolidated Permit Pathway (CMR 29.00) beginning October 1, 2026.

Note: Large Clean Energy Infrastructure Projects (e.g. Substations and Battery Energy Storage over 100 MWh) are subject to State Energy Facilities Siting Board (EFSB) review and approval.

Adopted Zoning Changes 

The zoning amendments comply with CMR 29.00, creating a clear, regulated framework for small clean energy projects to meet climate resilience goals:

• Consolidated Local Permit Process: As required by CMR 29.00, this path establishes standard conditions, criteria, and procedures for the efficient siting and permitting of small-scale clean energy projects. Under this pathway, a final permit decision must be issued within one year. All projects that meet the State’s definition for Small Clean Energy Infrastructure Facilities are able to opt-in to this permitting process.

• By-Right Pathway: For projects choosing not to opt-in to  the Consolidated Local Permit Process, the new Article 88 zoning will update the existing permitting and zoning framework to ensure consistency.

• Site Footprint for Battery Energy Storage Systems (BESS): New use definitions in Article 2 establish Site Footprint for BESS, Site Footprint is the primary way zoning regulates the size and bulk of these installations. BESS proposed with a Site Footprint of 400 sq ft or more, as a Main or Accessory Use are required to apply through the Consolidated Permit Process.

Small Clean Infrastructure Types

The following types and scales of Small Clean Energy Infrastructure are able to apply for a Consolidated Local Permit under this new zoning amendment:

• BESS: Storage capacity less than 100 MWh. Required for BESS with a Site Footprint greater than 400 sq ft..

• Solar Installations: Generation capacity less than 25 MW.

• Anaerobic Digestion Facilities: Less than 25 MW.

• Wind Facilities: Less than 25 MW.

• Transmission & Distribution:

  •  New or substantially altered electric transmission lines located in an existing corridor (up to 10 miles long).

  • New or substantially altered electric transmission lines located in a new corridor (up to 1 mile long). 

Next Steps

The Planning Department is currently drafting design guidelines for BESS in collaboration with other key City departments. These guidelines will complement the newly adopted zoning for BESS and will incorporate feedback that we have received through the zoning drafting process.

Timeline

Engagement

Information Session

• June 4, 2026 | 6:00 PM - 7:00 PM | Virtual Meeting