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Writer's pictureDrew Philpot

Land Use Permit Denials - Neighbor Opposition

Most renewable energy developers who have been in the business long enough have a story about neighbors being opposed to one of their projects. This issue comes up often enough that it's almost inevitable. The problem is characterized by a project having neutral or positive support from local leaders but a vocal group of neighbors opposed to it. The neighbors bring up issues related to their proximity to the project, like visual impacts and property values, but often go beyond that with a long list of concerns about the technology in general. Those concerns are usually based on cherry-picked online research and are difficult to address point-by-point; the neighbors are likely going to remain against the project whether or not their negative points are refuted.


A project developer's first priority should be following the local land use code and staying in the good graces of the Planning and Zoning staff. These regulations are written with the residents' interests in mind and are intended to protect them from the negative impacts they are concerned about. Some land use permit reviews require open houses or other community engagement. This is an opportunity for the project team to demonstrate that it is respecting local rules and not trying to shortcut them.


One key to successfully navigating public hearings and information sessions is to make friends with members of the community who would look on the project favorably. Some examples include people involved in environmental non-profits, economic development organizations (ex. chambers of commerce), and local universities. People who would benefit from the increased property tax dollars, such as teachers or firefighters, may also be willing to speak in favor of the project. By involving these “friends” in the process, it balances out negative voices with positive ones whenever the project is discussed publicly. One thing the developer always wants to avoid is a public hearing where the only speakers from the community are against the project, even if it’s only a small group.


Ultimately most projects need to be approved by a county commission or city council. These leaders usually don't expect the project to completely satisfy everyone; however, they do expect the project to show an effort to address the concerns that are raised. The project's strategy for approval should be a combination of: following all zoning regulations, having some members of the community speak in favor, and showing that the concerns raised by opponents were addressed. This combination still isn't a guarantee of success but works most of the time in my experience.

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