New Law Prohibits Inclusion of Solar Panels in Calculation of Impervious Coverage

On April 22, 2010, Governor Chris Christie signed Senate bill S921 into law, as P.L. 2010, c.4, which amends numerous state laws, including the Municipal Land Use Law, as to the calculation of impervious coverage. Specifically, this new law requires that solar panels be excluded from the calculation of impervious coverage and defines the term "solar panel" to include “an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, [but] excludes the base or foundation of the panel, plat, canopy or array."