Development and construction of battery energy storage systems (BESS) in Massachusetts has become more feasible as a result of expanded statutory protections and the implementation of new safety regulations. Energy storage has been called a “Swiss Army Knife” because it makes possible a wide range of applications, including peak shaving, grid stabilization and distributed generation grid integration. Despite its versatility and increasing energy demands, BESS development has faced significant barriers. Local safety concerns and inconsistent municipal permitting processes have frequently delayed or discouraged projects. Even with these challenges, energy storage remains essential to the commonwealth’s clean energy transition, with the 2024 Clean Energy Act calling for 5,000 MWh of storage by 2030.
A major turning point for BESS development occurred with the 2025 Massachusetts Land Court’s decision concerning an energy storage project in Duxbury. That case held that the commonwealth’s “Solar Energy Provision” applies to standalone BESS systems. The Solar Energy Provision states:
“No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare.”
A solar + storage installation in Assonet, Massachusetts. (Credit: Borrego/Cleanleaf Energy)
The court reasoned that the legislature intended the Solar Energy Provision to promote solar energy generation, and that the statute explicitly includes structures that support or facilitate solar energy use, including construction of standalone BESS facilities. The court rejected the argument that BESS facilities must store only solar-generated electricity to qualify for protection under the Solar Energy Provision of the Dover Amendment, expanding the protections to such storage systems, and further reasoned that a BESS structure is within the meaning of the Solar Energy Provision. As a result, municipalities cannot prohibit or unreasonably regulate such systems. The Duxbury decision aligns with long-standing precedent supporting renewable energy infrastructure in Massachusetts, including Tracer Lane II Realty, LLC v. Waltham, where the Supreme Judicial Court held that restricting solar development without a reasonable purpose of protecting the public health, safety or welfare, was in violation of the Dover Amendment’s Solar Energy Provision.
In the last several years, applying for permitting, and not installation, has stood as the real barrier for BESS development. Duxbury removes one level of complexity by forcing municipalities to make BESS requirements substantially the same as solar. After the summer of 2025, there has been a concerted effort by Massachusetts to standardize the permitting process for all BESS systems. This has taken the form of a new zoning bylaw, in which cases like Duxbury and Tracer Lane are explicitly mentioned to provide municipalities with a framework of what restrictions are no longer appropriate and better set expectations for developers.
While the Duxbury decision clarifies the extent of statutory protection for BESS projects and reduces restrictive local zoning, many municipalities continue to focus on safety and operational risks when evaluating proposed facilities; concern over such risks has influenced local decision-making as strongly as zoning considerations. However, the modernization of engineering and fire safety standards specific to energy storage has substantially weakened the argument that BESS facilities pose public safety hazards. Understanding how current standards address and mitigate risk is essential to appreciating the framework within which BESS projects are currently reviewed and permitted in Massachusetts.
A 4.5-MW solar project installed with a 3.8-MWh lithium-ion storage solution on a landfill cap site in Amesbury, Massachusetts. Credit: CS Energy
Nationally recognized safety standards and tests, including NFPA 855 and UL 9540A, now provide a framework for system design and operation. Although fire risk has not been eliminated, these safety standards significantly reduce both the likelihood and severity of a thermal event.
The American Clean Power Association’s 2025 study of 35 documented BESS fire incidents found that the majority of BESS fires occurred in older systems built prior to adoption of current standards. This study emphasized that environmental impacts from such incidents have been limited, and that “airborne emissions are short-lived and localized, soil and water contamination risks are minimal, and existing firefighting strategies further mitigate potential environmental harm.”
Of course, there will always be some extra safety demands attached to BESS approval. Massachusetts developers should take note of 2020 NFPA 855, not just because it is the most recent safety regulation regarding BESS but because its contents have been reproduced in The Massachusetts Fire Code. The bar for approving a BESS system is still high, but at least it’s now clear where it is.
Massachusetts’ ambitious clean energy goals establish BESS technology as a critical, yet cost effective, component for integrating renewable generation and ensuring electrical grid reliability. Stronger statutory protections, permitting reform and improved safety standards have created a more predictable development and permitting environment for BESS developers, advancing the growth of battery storage projects across the Commonwealth.
Developers entering this market must still navigate complex zoning frameworks, evolving fire safety requirements and project-specific permitting challenges.
Tanya M. Larrabee, Partner at Sherin and Lodgen, represents renewable energy clients in the acquisition, development, and financing of solar, wind, and energy storage projects, including advising on state incentive programs. Tanya assists in complex renewable energy transactions including advising lending institutions and borrowers on construction and term financing for clean energy projects and advising developers, commercial property owners, and landowners on local permitting, project development, and leasing for solar and battery energy storage projects. She works directly with clients drafting and negotiating a broad set of renewable energy agreements including power purchase agreements, solar leases, and financing documents.
Wilson Redfield is a Law Clerk at Sherin and Lodgen.