Sussex County, NJ — Solar Development Risk Assessment

No Moratorium

None codified at county level. Municipal setbacks govern (no county-level zoning authority).

Municipal Planning Board: D variance or use variance in applicable zoning district.

Conservative/cautious — rural mountain/lake identity; NJ Highlands constraints; some solar receptiveness in agricultural valleys

Rural NW NJ; Kittatinny Mountains; NJ Highlands Act restricts some sites; agricultural valleys have solar potential; JCP&L and Sussex REC co-op territory

Stable

Local municipal zoning approval required; no statewide preemption of local ordinances. DEP Office of Permitting and Project Navigation: coordination required for large non-rooftop solar (CAFRA permits for coastal areas, Freshwater Wetlands, Flood Hazard, Stormwater). BPU SREC-II pre-construction registration required for incentive eligibility. PJM interconnection required. NJ Pinelands Commission approval required for projects in Pinelands Area. Historic districts (Cape May, Princeton) require architectural review board approval. DEP Guidance Document for Construction of Solar PV Arrays available at dep.nj.gov/cleanenergy.

NJ SuSI SREC-II (Successor Solar Incentive) Program: fixed $85/MWh payment for 15 years for net-metered systems <5 MW; grid supply solar subject to competitive TRECs/variable rate. NJ Sales Tax Exemption: solar equipment purchases fully exempt. NJ Successor Solar Incentive (SuSI) Registered Solar Program: for larger commercial arrays. NJ Community Solar: pilot program expanded to permanent program 2024 (Board of Public Utilities). NJ RPS: 35% renewable by 2025; 50% by 2030; significant solar carve-out. Utility: PSE&G serves northern NJ; JCP&L (FirstEnergy) serves central NJ; Atlantic City Electric (Exelon/ACE) serves southern NJ; Rockland Electric serves Bergen/Essex/Warren areas.

Solar development in Sussex County — JCP&L and RECO (Rockland Electric) territory | Rural/agricultural county; some utility-scale solar | CSEP community solar active

No confirmed denial on record for Sussex County. NJ solar governed at municipal level (565 municipalities) — denial data fragmented. Key NJ restriction: Pinelands Commission limits solar in 1.1M-acre Pinelands area (applies in Burlington, Ocean, Atlantic, Cumberland, Camden, Cape May, Gloucester counties). NJBPU CSEP and Community Solar programs govern incentives. Source: NJ MLUL N.J.S.A. 40A:55D; Pinelands Commission; NJBPU