Rulemaking update

New OPSB rules take effect

The OPSB recently adopted new administrative rules in Ohio Administrative Code 4906. The updated rules became effective on May 30, 2024 and apply to all applications filed on or after that date. The prior rules apply to applications filed before May 30, 2024.

The updated rules touch on all areas of OPSB jurisdiction and process but may be of special interest to Ohioans and industry stakeholders affected by the development of solar energy projects. Among other changes, the updated rules require:

• Public information: Siting project applicants must host two public informational meetings for each standard certificate application. The first meeting must describe the scope of the project. The second meeting, held not more than 90 days before an application filing, will focus on the specifics of the application. 
• Site grading: Applicants must provide a preliminary grading plan that describes maximum graded acreage expectations.
• Drainage and field tile: Applicants must describe and map field drainage systems and demonstrate how impacts to those systems will be avoided or mitigated, describe how damaged drainage systems including field tile mains and laterals will promptly be repaired to restore original drainage conditions, and describe the data sources and methods used to obtain information for field drainage system mapping.
• Vegetation management: Applicants must prevent the establishment and spread of noxious weeds within the project, including setback areas, during construction, operation, and decommissioning. Applicants must provide annual proof of weed control for the first four years of operation with the goal of weed eradication significantly completed by year three of operation.
• Noise: Noise limits for renewable energy facilities cannot exceed the greater of 40 decibels (dBA) or the ambient daytime and nighttime average sound level by more than 5 dBA.
• Surface water protection: Solar energy facility applicants must develop and implement a stormwater pollution prevention plan, a spill prevention control and countermeasure plan, and a horizontal directional drilling contingency plan, to minimize and prevent potential discharges to surface waters.
• Fencing: Solar energy facility perimeter fencing must be small-wildlife permeable and aesthetically fitting for a rural location.
• Setbacks: Solar energy facility panel modules must be setback at least 50 feet from non-participating parcel boundaries, at least 300 feet from non-participating residences, and at least 150 feet from the edge of the pavement of any road within or adjacent to the project area.
• Regulatory: Compliance monitoring and reporting requirements are clarified to ensure applicants meet the commitments and conditions contained in each OPSB certificate.

Ohio Administrative Code 4906 by chapter

Chapter 4906-1 General Provisions

Chapter 4906-2 Procedure in Cases before the Board

Chapter 4906-3 Certificate Applications Generally

Chapter 4906-4 Certificate Applications for Electric Generation Facilities

Chapter 4906-6 Accelerated Certificate Applications

Chapter 4906-7 Enforcement Investigations and Payment of Forfeitures

The Ohio Power Siting Board reviews applications for the construction of major utility facilities in Ohio. Together with Ohio’s elected officials, citizen stakeholders, and the energy industry, the Board strives to build a strong and competitive foundation for Ohio’s future.

For additional information, contact: Matt Butler | (614) 644-7670