Solar power and other renewable energy sources will play a critical role in meeting the aggressive, but necessary, clean energy goals recently set forth by New York State by the Climate Leadership and Community Protection Act. Enacted in 2019, the Climate Act solidifies the State’s commitment to reducing greenhouse gas emissions statewide by 40% by 2030 and by at least 85% by 2050. To achieve this goal, the State aims to achieve 70% clean power by 2030 and a zero-emission electric grid by 2040. Regions like the Hudson Valley are ripe for development of renewable energy sources, especially in light of the 2021 closure of the Indian Point nuclear power plant, which caused an uptick in natural gas usage to meet the energy needs of New York City and Westchester County. But developers often face hurdles in siting and obtaining local government approval for renewable energy projects.
Opportunities and Unique Challenges in New York
The New York State Energy Research & Development Authority projects solar energy systems will contribute at least 40% of total renewable energy production – a jump from its current 6% share. In the Hudson Valley especially, there are ample opportunities to increase solar production. The proximity to New York City and ample sunlight make this region attractive to developers seeking to establish large-scale solar arrays capable of contributing enough energy to the regional grid to meaningfully benefit surrounding communities, including by reducing electricity costs and greenhouse gas emissions and increasing the resiliency of the electric grid.
Despite the benefits associated with solar energy, obtaining the right to develop such projects can be a challenge in the Hudson Valley region. At the outset, developers must perform extensive due diligence to determine whether a site is suitable and negotiate lease agreements with landowners. Once a developer secures a suitable site, it must then navigate the local land use approval process. In New York, the approval process for proposed land development projects involves extensive review of project plans and details against strict environmental and zoning laws. Moreover, solar projects often face pushback from municipalities and local residents, who prefer such projects be constructed on already developed sites. Local pushback typically stems from concerns over potential environmental impacts, including viewshed impacts, from land disturbance and tree removal associated with the development of large-scale solar projects.
Many municipalities grapple with the challenges of balancing the overall benefits solar projects bring to the community with local concerns and pushback. Recently, the Town of Yorktown adopted a 6-month moratorium on approval of site plans and special use permits for the development of large-scale solar energy systems. The purpose of this moratorium is to allow the Town Board to evaluate the Town’s current regulations governing the development of large-scale solar energy systems and to amend the regulations to effectively address the concerns typically expressed by local residents, particularly concerns related to screening such projects to avoid potential visual impacts. Moratoriums such as Yorktown’s add to the challenges solar developers face, including by delaying the approvals – and thereby the construction – process and adding complexity to project design when design requirements may change.
Partnering with Local Communities
It is possible to get ahead of the pitfalls of the land use approvals process. Developers of large-scale solar projects must work together with communities to showcase the benefits of solar energy while minimizing environmental impacts. Developers can strive to be good neighbors and alleviate concerns over visual impacts by minimizing tree removal and integrating thick vegetative buffers around the perimeter of project sites to ensure solar arrays are adequately screened from neighboring residential properties. Moreover, developers should be armed with studies demonstrating that the anticipated carbon dioxide sequestration offset of the proposed solar array is more than adequate to replace the function of the trees that must be removed for the project.
It is important to be mindful that there is no single solution to all proposed solar projects to streamline the land use approvals process. Every site is different. Thus, solutions should be tailored to the unique circumstances of the site itself and the surrounding community. There is no doubt that solar energy systems come with a plethora of benefits – aside from the benefits that come with using a renewable energy resource over fossil fuels, development of solar projects come with little to no impact on community resources, including water, sewer, and traffic. Developers must demonstrate these benefits upfront and demonstrate their willingness to work collaboratively with local planning departments and community members to quickly and effectively address any potential roadblocks to approval.
Zarin & Steinmetz: Your Partner in the Process
Zarin & Steinmetz recently obtained Planning Board approval from the Town of Cortlandt for Dimension Energy’s solar energy system, which is now built and online – with work for several other client projects in the works. The firm can provide skilled assistance and advocacy throughout the process – including conducting comprehensive due diligence to assess potential hurdles and regulatory requirements for solar energy system development as well as helping clients understand the local zoning regulations, environmental review processes, and permit requirements necessary for project approval. From initial site assessment to project completion, we can address legal issues, negotiate agreements, and resolve disputes to facilitate smooth project execution and minimize legal risks.
