brian ross, principal, cr planning, inc. local best practices for solar: planning, zoning, and...

Brian Ross, Principal, CR Planning, Inc.

Local Best Practices for Solar: Planning, Zoning, and Permitting

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Best Practices WebinarDecember 5, 2012

AgendaWelcome to the Solar Challenge Webinar What is the Minnesota Solar Challenge? Solar energy primer Planning best practices Zoning best practices Permitting best practices

Local Best Practices for Solar

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Minnesota Solar Challenge

Part of the U.S. Department of Energy SunShot Initiative PV Rooftop Challenge Program Goal:

To make solar electric generation (photovoltaic, or PV) widely cost-competitive with conventional grid sources of electricity by 2020.

Minnesota Solar Challenge Initiative

U.S. DOE Rooftop Solar Challenge

Source: U.S. DOE SunShot Initiative

Creating a Self-Sustaining Solar Energy Market

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Source: GTM Research, The Wall Street Journal

Solar Panel Price Drops

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Logarithmic Volume, Costs

8Source: Solar Energy Industry Association, 2012

Downward Cost Trend

9Source: U.S. DOE SunShot Initiative

Focus on Cost Components

10Source: Benchmarking Soft Costs for PV Systems in the United States, Ardani, NREL,

2012

Non-Structural Balance of System Costs

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Source: http://www.goingecogreen.com/go-green-news/german-solar-installations-coming-in-at-2-24-per-watt-installed-us-at-4-44-2/

In German

So, is everyone clear on that?


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Local governments are a critical partner in the task of creating a self-sustaining solar energy market in Minnesota

If you remember justone thing . . .

Photo credit: Meet MinneapolisPhoto credit: Applied Energy Innovations Photo credit: CR Planning

U.S. Department of Energy SunShot Initiative PV Rooftop Challenge Program Goal:

To make PV cost-competitive with conventional grid sources by 2020

Minnesota Department of Commerce Focus:Improve solar access, zoning,

development regsStreamline permitting and interconnectionImprove net meteringImprove financing options for solar


Minnesota Solar ChallengeDevelop best practices

consistent with Minnesota’s local government environment and laws

Promote best practices to local governments through a variety of organizations and outreach efforts

Provide direct assistance to local governments in adapting the best practices to local conditions and priorities


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Understanding Solar Energy Resources and Technology

Solar Resource

Minnesota has a favorable solar resource . . .

Minnesota Solar “Reserves”

Test: How much of Minnesota’s land area would we need to meet 100% of the state's electricity needs with solar electricity (on a net production basis)?

(67,800 million kWhs)

?

If solar energy was oil or natural gas, how much would we have?


Test : How much of Minnesota’s land area would we need to meet 100% of the state's electricity needs with solar electricity (on a net production basis)?

A: Less than 0.25% of the state’s area (an area the size of Lake Mille Lacs or Ramsey County)

?



Test: How much of Minnesota’s land area would we need to meet 100% of the state's electricity needs with solar electricity (on a net production basis)?

?


Solar Resource

Minnesota’s solar resource varies by:

Time of daySeasonLocal Weather

andLocal Landscape

Credit: MnDOC

Solar Resource

The local landscape defines whether a given site has a solar resource

TopographyOn-site obstructionsObstructions on adjacent landFuture obstructions

An adequate solar resource location is unshaded for several hours every day (around solar noon), both now and well into the future.

Solar in Minnesota

The local landscape defines the solar resource and access to the resource. Various technological options allow property owners to capture the solar resource, depending on: the resource location; the resource quality, and the desired energy use.

Solar Technologies in Minnesota

Technology options include: Photovoltaic (PV) or solar

electricity. Modules produce electricity from sunlight using semi-conductor technology.

Solar Thermal. Collectors capture sunlight and transfer heat for water or space heating

Passive Solar. Uses the basic structural elements of a building, careful site selection, and various homebuilding strategies to provide daylighting, ventilation, or heat.


Technology options include: Roof-mounted systems. Attached to

the building’s roof. Can be: Flush-mounted

Non-flush-mounted Ground-mounted systems. Free-

standing systems on a pole or a rack. Can be: Stationary (pole or rack)

Tracking (pole-mounted) Building-integrated systems. Solar

system is built into a building component, such as a shingle or roof tile, an awning, or a gazebo

Photo Credit: Powerfully Green

Photo Credit: Able Energy


Technology options include:

Grid-intertie systems. Only solar electric (PV), connected to the electric grid, no energy storage is needed.

Credit: MnDOC


Technology options include:

Storage systems. All solar thermal systems store heat in a water tank or other heat sink, and PV systems that store energy in a battery.

Credit: MnDOC

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Renewable Energy in Planning and Policy

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Renewable energy is an important local resource

People in your community will want to take advantage of their renewable energy resources

Communities will need to make decisions about how and where solar installations are done

Remember This!Planning Issues Summarized

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Best PracticesPutting Solar in Plans and Policy

Solar in the Comprehensive Plan

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Solar energy as a “property right”There is no Federal constitutional

protection for access to sunlight for the generation of solar energy

The bundle of rights that comes with owning property does not include a “right” to direct sunlight for solar energy production except to the extent that State or local law creates such a provision.

Solar in Plans and Policy

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Metropolitan Land Planning Act Subd. 2. Land use plan. (b) A land use

plan shall contain a protection element, as appropriate, for historic sites, the matters listed in the water management plan required by section 103B.235, and an element for protection and development of access to direct sunlight for solar energy systems.


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“. . . and an element for protection and development of access to direct sunlight for solar energy systems.” This provision has been given mostly perfunctory attention in plans. The evolution of local government best practices for protecting and developing the solar resource now offers new opportunities for metro-area communities to meet the statutory standard.


Thinking about your community’s solar resource in order to plan for development

Geographic Access. Where is the resource? If you can’t reasonably get to it, it’s not a resource

Technology. What are the characteristics of how the resource is harvested or used?

Markets. What is the use of the resource that gives it value, and how is that affected by local regulation?


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Understanding solar energy as a resourceGeographic characteristics


Energy Innovation Corridor – Minneapolis, Saint Paul

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Example: Olmsted CountyResource Protection AreasThe Resource Protection Area includes areas

intended for exclusive resource related use . . . Locational criteria include . . .

3. Wind Energy Potential: In a study completed in 1994 (validated subsequently by site-specific meteorological studies), sites with high potential for wind energy production were identified based on land cover, land uses, elevation and topography, and proximity to transmission lines. The study has been updated to reflect changes since 1994 in land cover. Sites with high wind energy potential are more likely to be included in the Resource Protection Area.

Solar in Comprehensive Plans

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Example: City of Minneapolis Policy 6.4: Expand the use of

renewable energy.6.4.4 Take measures for the protection and

development of access to sources of renewable energies, especially solar and wind power.


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Understanding solar energy as a resourceTechnological characteristics – how is

the resource harvested?


Photo Credit: CR Planning, Inc.

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Understanding solar energy as a resourceTechnological characteristics – how is

the resource harvested?


Photo Credit: CR Planning, Inc.

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Example: City of Shakopee, Minnesota

Solar Access - In the use of any solar energy system, the most important factor involved is the assurance of direct access to sunlight. The required level of access to sunlight varies according to the type of solar heating system used.

• Rooftop Protection • South Wall Protection• South Lot Protection• Detached Collector Protection


City of Shakopee 2030 Comprehensive Plan Solar Access Protection (PAS Info Packet)

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Understanding solar energy as a resourceEconomic characteristics – how does the

resource have, or give, value?


Graph from SAC presentation at the ICMA Conference.Source of information on solar jobs: The Solar Foundation’s National Solar Jobs Census 2010

2010 Solar Jobs

New Jobs (12 Months)

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Example: Stearns County Economic Development Policy 3. Promote

diverse agricultural markets. Encouraging small wind energy production

facilities or other energy production based on agricultural products, as a diversification strategy. The County could investigate opportunities for Federal financial assistance that is directed to rural alternative energy investments.

Economic Development Goal 4. Promote sustainable development initiatives.Objective 5. Encourage the appropriate

development and use of electricity from wind energy as a means of substituting underutilized local renewable resources for non-renewable, non-local, energy sources.


Minnesota Solar ChallengeWorking with the

Metropolitan Council to recommend solar energy best practices

• Provide direction in the Local Planning Handbook for cities to consider in meeting statutory solar access requirement

• Recommend sources of information for implementation best practices such as National APA Planners Advisory Service and National Renewable Energy Lab guidance


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Solar energy in zoning and development regulation

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Questions before writing your solar zoning standards. . . How does the comprehensive plan

address your community’s solar resource?

How does your existing ordinance affect solar energy installations?

What are the potentially competing property interests?

What are the potentially competing community resources?

Do you want to encouraging action or investment, or just settle conflict?

Solar Energy Zoning Issues

Best PracticesSolar Energy Standards

Ordinance Structure

Solar Energy Standards

1. Scope2. Purpose3. Definitions4. Permitted

Accessory Use5. Administrative

Variance

6. Restrictions on Solar Energy Systems Limited

7. Solar Access8. Renewable Energy

Conditions for Certain Permits

9. Solar Roof Incentives

Minimize conflicts and create transparency and predictabilityBasic ZoningAdvanced Zoning

Proactively encourage solar development Incentive ZoningSolar regulatory requirements


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Using basic zoning tools to address solar energy installations – uses, setbacks, heightsAre solar land uses allowed?Do existing standards, such as setbacks

and height standards create barriers to capturing solar resources?

Do existing standards (use, setback, height) allow for flexibility to capture solar resources?

Basic Energy Zoning and Regulation

IV. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below. Active solar energy systems that do not meet the visibility standards in C. below will require a conditional use permit, except as provided in Section V. (Administrative Variances).

A. Height - Active solar systems must meet the following height requirements:

1. Building- or roof- mounted solar systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.

2. Ground- or pole-mounted solar systems shall not exceed 20 feet in height when oriented at maximum tilt.

B. Set-back - Active solar systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located.

1. Roof-mounted Solar Systems - In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.


IV. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below.








A. Height:

1.Building- or roof- mounted solar systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.

2.Ground- or pole-mounted solar systems shall not exceed 20 feet in height when oriented at maximum tilt.








1. Roof-mounted Solar Systems - In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure

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Example: City of Woodbury24-406 Solar energy systems.a) Zoning districts. Solar energy systems in

accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts.

b) Standards.1) Exemption. Passive or building-integrated solar energy

systems are exempt from the requirements of this section and shall be regulated as any other building element.

2) Minimum Lot Size. In the R-4, Urban Residential Zoning District, a minimum lot size of 8,000 square feet is required for ground-mounted solar energy systems.

3) Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. Ground-mounted solar energy systems shall not exceed 15 feet in height.


Example: City of Saint Paul(a) Building mounted systems shall be subject to the dimensional standards that apply to the building, provided that the height standards for building mounted systems in residential districts shall be as follows:

1) The system shall extend no more than three (3) feet above the surface of a roof at its exterior perimeter, and shall be set back at least one (1) foot from the exterior perimeter for every additional foot that the system extends above the height of the roof at its exterior perimeter;

2) The system may extend up to three (3) feet above the ridge of a gable, gambrel, hip or mansard roof.


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Advanced zoning toolsDesign standards - Are community

aesthetic or character standards part of local regulations?

Home Owners Associations– Does the community have an interest in ensuring solar development rights in common interest communities?

Solar easements or cross-property protection - Does state or local regulation protect the long-term solar resource when someone makes a long-term investment in solar infrastructure?

Advanced Zoning Concepts

C. Visibility - Active solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. The color of the solar collector is not required to be consistent with other roofing materials.

1. Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.

2. Solar Energy Systems with Mounting Devices - Solar energy systems using roof mounting devices or ground-mount solar energy systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way other than an alley. Roof-mount systems that are visible from the nearest edge of the street frontage right-of-way shall not have a highest finished pitch more than five (5) percent steeper than the roof pitch on which the system is mounted, and shall be no higher than twelve (12) inches above the roof.

Solar Energy StandardsDesign standards and aesthetic considerations

VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement,

covenant, common interest community, or other contract between multiple property

owners within a subdivision of Model Community shall restrict or limit solar energy

systems to a greater extent than Model Community’ solar energy standards.

VII. Solar Access - Model Community encourages solar access to be protected in

all new subdivisions and allows for existing solar to be protected consistent with

Minnesota Statutes.

A. Model Community has elected to allow solar easements to be filed,

consistent with Minnesota Stat. Chapter 500 Section 30. Any building owner

can purchase an easement across neighboring properties to protect access to

sunlight. The easement is purchased from or granted by owners of

neighboring properties and can apply to buildings, trees, or other structures

that would diminish solar access.

B. Model Community may require new subdivisions to identify and create

solar easements when solar energy systems are implemented as a condition

of a PUD, subdivision, conditional use, or other permit, as specified in Section

8 of this ordinance.


VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Model Community shall restrict or limit solar energy systems to a greater extent than Model Community’ solar energy standards.

Design standards and aesthetic considerations

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Example: City of Roseville3. Visibility: Active solar energy systems shall be

designed to blend into the architecture of the building or be screened from routine view from public rights-of-way other than alleys. The color of the solar collector is not required to be consistent with other roofing materials.

b. Solar Energy Systems with Mounting Devices: Roof- or ground-mount solar energy systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way other than an alley. Roof-mounted systems that are visible from the nearest edge(s) of the street frontage right(s)-of-way shall be reviewed and approved by Community Development staff to ensure the system meets the wind load standards for the roof and there are not major aesthetic impacts with the system to the surrounding properties.


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Example: City of Saint Paul63.110(e) “The visual impact of rooftop

equipment shall be reduced through such means as location, screening, or integration into the roof design . . . “

Saint Paul Design Standards and Guidelines 1. Permit solar energy access while minimizing visual

impact.2. Visual impact mitigation that considers the function

of the solar installation. 3. Visual impact assessed primarily from public streets 4. Reduce visual impact by integration into the roof

design 5. Limited allowance for solar energy systems above

the roof peak


VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement,

covenant, common interest community, or other contract between multiple property

owners within a subdivision of Model Community shall restrict or limit solar energy

systems to a greater extent than Model Community’ solar energy standards.

VII. Solar Access - Model Community encourages solar access to be protected in

all new subdivisions and allows for existing solar to be protected consistent with

Minnesota Statutes.

A. Model Community has elected to allow solar easements to be filed,

consistent with Minnesota Stat. Chapter 500 Section 30. Any building owner

can purchase an easement across neighboring properties to protect access to

sunlight. The easement is purchased from or granted by owners of

neighboring properties and can apply to buildings, trees, or other structures

that would diminish solar access.

B. Model Community may require new subdivisions to identify and create

solar easements when solar energy systems are implemented as a condition

of a PUD, subdivision, conditional use, or other permit, as specified in Section

8 of this ordinance.


A. Model Community has elected to allow solar easements to be filed, consistent with Minnesota Stat. Chapter 500 Section 30. Any building owner can purchase an easement across neighboring properties to protect access to sunlight. . .

B. Model Community may require new subdivisions to identify and create solar easements when solar energy systems are implemented . . .

Solar and Wind Easements Minnesota Stat. 500.30 Subd. 3. allows the purchase and holding of easements protecting access to solar and wind energy. Required Contents - Any deed, will, or other instrument that creates a solar or wind easement shall include, but the contents are not limited to: a) A description of the real property subject to the

easement and a description of the real property benefiting from the solar or wind easement; and

b) For solar easements, a description of the vertical and horizontal angles, expressed in degrees and measured from the site of the solar energy system, at which the solar easement extends over the real property subject to the easement. . .

Advanced Energy Zoning

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394.25, Subd. 7.Variances; practical difficulties. The board of adjustment shall have the exclusive

power to order the issuance of variances from the requirements of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. . . . Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. . . .


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Going beyond removing zoning barriersRegulatory incentivesFinancial incentivesRenewable energy requirements“Solar ready” constructionStreamlining permitting

The community has an long-term interest in sustainable infrastructure – housing, transportation, energy systems


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Permit Process and Permit Fees

Implementing Best Practices

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Permitting best practice goals1. Reduce time spent on acquiring

permits and conducting inspections

2. Make the permit process transparent and predictable to both staff and applicants

3. Ensure the permit process reflects industry best practices

4. Establish a permit fee that appropriately covers local government review and inspection costs

Solar Market Transformation Tools

1. Identifies when a permit is required.

2. Collects basic information about the installation

3. Identifies minimum submittal requirements and technical information to acquire a permit

4. Identifies criteria and submittals for electric permit consistent with the National Electric Code.

Permitting Best PracticesExpedited Permit – Solar ABCS

Permitting Best Practices

Solar America Board of Codes and Standards (Solar ABCS)

www.solarabcs.org/about/publications/reports/expedited-permit/

1. Identifies when the checklist is applicable

2. Collects basic information about the installation

3. Identifies required drawings and technical information to acquire a permit

4. Identifies when structural engineering review is necessary

5. Identifies criteria for other permit or process requirements

Permitting Best PracticesSolar Permit Checklist – Saint Paul

Before approval and issuance of permit(s) for solar installations, applicant shall submit the following minimum information. . .Building integrated solar installations, where the solar collector replaces or substitutes for a component of a building or structure such as roof, shingle, or awning, do not require completionof this checklist separately from the building permit application for the building, structure, or building modification.


Required Drawings and Plans7. Provide construction drawings that include a building section detail and completenotation of method of fastening equipment to the roof of the subject property, includingthe following details:


Structural Assessment11. The minimum structural threshold for installing a flush mounted PV system is a roof structure with at least 2 x 4 rafters no more than 24” on-center spacing. . . 12. Non-flush-mount installations have different potential structuralconsiderations. If the answer to question 10 (is the systemflush-mounted?) is no, please provide the following additionalinformation. . .


Ground Mount Submittal infoElectrical InformationHeritage Preservation18. Legislative Code § 73.06 provides that exterior work, including installation of solar energy systems, within city designated heritage preservation sites and districts is subject to review and approval by the Heritage Preservation Commission (HPC) prior to the issuance of city permits.


Permit Fees Most local

governments use the value of the work to be done to determine the permit fee.


Valuation of a residential PV installation results in permit fees of $400 to $800

Permit Fees Permit fee best practices . . .

Continue to use value, but exclude the cost of the solar panels

Set a fixed fee for residential installations ($100 – 250) based on internal costs for review

Consider an incentive fee to encourage investment in solar resources


Permit Fees Most communities make exceptions

to value based fees for standard projects



Photovoltaic on-line training (PVOT) for code officials

Go to www.nterlearning.org

(Search for “photovoltaics” or PV)


Structural engineering study on Minnesota residential rooftop solar installations.http://mn.gov/commerce/energy/images/SolorRoofsReport.pdf

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The Minnesota Solar Challenge offers free technical assistance to local governments

Implementing Best Practices

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Technical assistance includes:Workshops presenting local government

best practices and how to adapt the best practices.

Assessing existing plans, ordinances and permitting processes for barriers to local solar investment.

Assisting individual local governments to adapt best practices to existing processes and regulations.

Writing draft language or guidance documents for permitting and land use standards to fit the local conditions and circumstances of the individual city.

Solar Challenge Technical Assistance

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Thank You!

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Principal, CR Planning, Inc.612-588-4904

[email protected]

Brian Ross

Laura CinaSolar Coordinator Team Leader

Minnesota Renewable Energy Society Team612-963-4757

[email protected]

Minnesota Solar Help Hotline Stacy Miller (855) 374-6822

brian ross, principal, cr planning, inc. local best practices for solar: planning, zoning, and...

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