All Non-ministerial permits are required to be obtained before a project over 25kW may be submitted to the ABP. The definition of non-ministerial permits is listed below.
The following is taken from page 46 of the Adjustable Block Program’s Final Guidebook:
A non-ministerial permits is a permit in which one or more officials consider various factors and exercise some discretion in deciding whether to issue (typically with conditions) or deny the permit.
This section is taken from page 122 of Long Term Renewable Resource Procurement Plan
See Docket No. 17-0838, Final Order dated April 3, 2018 at 75. Additionally, the Agency understands the distinction between ministerial and non-ministerial permits to be as suggested by the Massachusetts net metering program (see: http://www.massaca.org/pdf/FAQ.pdf):
f“A ministerial permit is a permit that is granted based upon a determination that the request complies with established standards. Such determinations are arrived at objectively, involve little or no discretionary judgment, and are usually issued by a single official or his/her designee. Non-ministerial permits are permits in which one or more officials consider(s) various factors and exercise(s) some discretion in deciding whether to issue (typically with conditions) or deny permits.
Examples of ministerial permits include, but are not limited to building permits and electrical permits.
Examples of non-ministerial permits include, but are not limited to wetlands Order of Conditions, Special Permit, Zoning Variance, Endangered Species, and MEPA Certificate.” (The Agency notes that for Illinois, “MEPA Certificate” would be replaced by permits issued by the Illinois Environmental Protection Agency.)