A sufficiently detailed POD is required for all solar energy development ROW applications.
The BLM requires that a POD be submitted for all solar energy development right-of-way (ROW) applications, consistent with the provisions of 43 CFR 2804.25(b). The BLM will not accept a POD that is simply a conceptual plan. The POD must be of sufficient detail to provide the basic information necessary to begin the environmental analysis and review process for a proposed solar energy project on the public lands (e.g., technology to be used, proposed location of generation facilities, buildings, and infrastructure). It is critically important that the applicant demonstrate due diligence in the timely submittal of an acceptable POD to ensure that the BLM processes those applications that are most likely to result in appropriate renewable energy development on the public lands.
The BLM authorized officer can, as necessary, request, in writing, submittal of a sufficiently detailed POD to the BLM for review. The applicant will be requested to provide the POD within 90 days. If the applicant does not respond within 90 days, or if the applicant has responded and the information is not sufficient, the BLM authorized officer will send a second written request with a 60-day response. A final 30-day show cause letter will be provided to the applicant prior to issuing any decision to deny the application for failure to respond pursuant to the regulations (BLM IM-2011-060).
The BLM may also deny an application if the applicant does not provide the processing fees required by 43 CFR 2804.14 in a timely manner.