US BLM 43 CFR 2804.35: Solar ROW Prioritization Guide
Updated 6 September 2026 · By SolarNevs Research Desk, Dealer surveys + verified sources · 1 source · Method ↗
Key Takeaways
- Title 43 CFR Part 2800 Subpart 2804 (§ 2804.35) governs application prioritization for solar and wind energy development rights-of-way on public lands.
- Allocates BLM staff and environmental review resources to applications with the greatest potential for approval and implementation.
- Prioritizes projects sited inside Designated Leasing Areas (DLAs), Solar Energy Zones (SEZs), and Development Focus Areas.
- Explicitly establishes that agency prioritization is not a decision and is not subject to administrative appeal under 43 CFR Part 4.
- Grants BLM statutory authority to re-prioritize complete applications at any time based on updated environmental data.
Statutory Purpose of 43 CFR § 2804.35
Under Title 43 of the Code of Federal Regulations, Part 2800 (Rights-of-Way Under the Federal Land Policy and Management Act), Subpart 2804 establishes competitive and non-competitive grant application procedures.
Section 2804.35 provides the regulatory mechanism for screening and ranking utility-scale solar energy applications across millions of acres of federal public lands.
BLM Prioritization Criteria Matrix
The BLM evaluates complete solar applications against six statutory criteria under Section 2804.35(b):
Prioritization Factor | Statutory Standard | Developer Compliance Strategy |
|---|---|---|
Preferred Leasing Areas | Located within designated leasing areas (DLAs) or Solar Energy Zones (SEZs) | Siting within pre-screened low-conflict federal solar zones |
Resource Conflict Avoidance | Avoids adverse impacts to known resources or uses on or adjacent to public lands | Incorporates avoidance buffers for sensitive habitats and cultural resources |
Land Use Plan Conformance | Demonstrates conformance with governing BLM Resource Management Plans (RMPs) | Verifies zoning and visual resource management (VRM) alignment |
Intergovernmental Consistency | Consistent with relevant State, Tribal, and local government laws and priorities | Conducts early intergovernmental consultations with Tribes and state agencies |
Best Management Practices | Incorporates best management practices from applicable BLM land use plans | Applies low-impact grading, dust abatement, and revegetation standards |
Policy Management Direction | Complies with subsequent BLM renewable energy policy guidance | Monitors updated Department of the Interior renewable energy orders |
Administrative Non-Appealability & Re-Ranking Discretion
Developers navigating federal solar permitting must recognize two procedural realities:
- Exemption from Part 4 Appeals: Because prioritization is an internal administrative resource-allocation tool, developers cannot challenge a low ranking before the Interior Board of Land Appeals (IBLA).
- Continuous Re-Evaluation: Under § 2804.35(d), BLM may re-prioritize an application if the developer amends project boundaries or provides mitigating environmental survey data.
Frequently asked questions
Why does BLM prioritize solar and wind right-of-way applications under 43 CFR 2804.35?
Under 43 CFR § 2804.35(a), the BLM prioritizes applications to ensure agency resources are allocated to proposals with the greatest potential for approval and implementation (August 2026).
Can a developer appeal BLM's prioritization ranking of their solar application?
No. Under § 2804.35(a), BLM's prioritization of an application is not an official decision and is not subject to appeal under 43 CFR Part 4 (August 2026).
What geographic locations receive top priority for solar ROW grants?
BLM prioritizes projects located within areas preferred for development, such as designated leasing areas, solar energy zones, and development focus areas (August 2026).
Can BLM change the priority ranking of a solar application after initial submission?
Yes. Under § 2804.35(d), the BLM may re-prioritize an application at any time based on new information or deficiency responses (August 2026).
References
- LII / Legal Information Institute: 43 CFR § 2804.35 — accessed 31 August 2026
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