Clearing the Path for Clean Energy: How Early Ordinance Review Prevented Costly Delays for Two Microgrid Projects

Overview

In energy development, selecting the right site for a project isn’t just about dropping a pin on a map – it’s about identifying unseen risks before they become costly roadblocks. That was the case for two microgrid projects, one in Ohio and the other in California, where the stakes were high and the margin for error was razor-thin.

However, both projects faced the threat of major delays and regulatory missteps because the ordinances adopted in these jurisdictions didn’t account for the unique complexities of a microgrid project. Detailed ordinance reviews, on-ground engagement, and strategic planning were essential to avoid critical setbacks and regulatory friction.

Ohio Project: Navigating Zoning Grey Areas and Design Barriers

The local zoning ordinance didn’t include any clear provisions for solar or other microgrid components. 

This could have stalled the entire approval process. Instead, permitting experts from Access NEP paved the way for a smooth and timely permitting process by:

• Conducting a deep analysis of the ordinance to surface a favorable path forward.
• Identifying a viable interpretation aligned with both the project goals and local land use principles.
• Engaging with the local zoning official to introduce the project and advocate for the preferred interpretation, which was ultimately accepted.

But the regulatory challenges didn’t stop there.

A utility line crossing under an overhead railroad bridge introduced an atypical design constraint. A conventional underpass utility installation would not have complied with restrictions imposed by the railroad company.

Thanks to early investigation, the project team was able to make design adjustments early and avoid costly delays down the line.

California Project: Anticipating Interpretation to Avoid a Permitting Bottleneck

The local zoning ordinance for this project did contain provisions for “alternative energy development.” But it didn’t account for the unique characteristics of a microgrid project.

This presented a risk of unfavorable interpretation – one that could add up to a year to the local permitting timeline due to:

• A more intensive technical review around categorizing the project within a subsection of the “alternative energy development” definition.
• Heightened scrutiny of potential environmental impacts.
• Additional involvement of multiple review agencies and the public.

To mitigate this, Access NEP team members interpreted the ordinance from the local government’s perspective – anticipating how they might approach the project. They developed a tailored plan to approach the agency and position the project under a more favorable interpretation. 

The Outcome

In both Ohio and California, early-stage permitting intelligence paid off.

• Faster, smoother permitting pathways unlocked through early ordinance review and agency engagement.
• Design roadblocks resolved before they became expensive errors.
• Strategic framing led to favorable zoning interpretations.
• Both projects remain on track, with reduced risk and improved confidence.

The Takeaway

Even when the technology is ready, projects can still fail on paper. Assuming clarity in local ordinances is a costly gamble, especially for microgrid projects, which are multifaceted by nature and highly site-specific.

With the right approach, these risks don’t have to be unpleasant surprises. This case shows how an early-stage permitting strategy and local engagement can prevent unnecessary delays and mitigate design risks.

When working in jurisdictions unfamiliar with your technology, don’t wait for the red tape – cut through it before it tangles your timeline.