Across New York State, communities are seeing increased interest from developers seeking to build large-scale solar, wind, and battery energy storage projects. Whether a municipality welcomes renewable energy development, approaches it cautiously, or falls somewhere in between, one thing is certain: local governments that prepare in advance are in a much stronger position than those forced to react after a project proposal arrives.
By taking proactive steps now, municipalities can protect local interests, improve communication with residents, and position themselves to negotiate meaningful benefits if a project moves forward.
Understand the Process Before a Project Arrives
Many local officials are surprised to learn that large-scale renewable energy facilities are often reviewed under New York’s state-level permitting process administered by the Office of Renewable Energy Siting and Electric Transmission (ORES).
Even though the state ultimately issues permits for many large renewable energy projects, municipalities continue to play an important role throughout the process. Local governments have opportunities to participate in consultations with developers, provide information regarding local laws, comment on permit applications, and negotiate host community benefits.
The best time to learn how the process works is before a developer begins knocking on doors.
One of the most important steps a municipality can take is to review its zoning and land use regulations before a project is proposed.
Many local laws were drafted before large-scale renewable energy facilities became common. As a result, municipalities may discover that their zoning code does not adequately address issues such as:
- Appropriate locations for renewable energy facilities
- Setbacks and buffering requirements
- Visual impacts
- Agricultural land protection
- Noise standards
- Battery energy storage systems
- Decommissioning and site restoration
- Road use and infrastructure impacts
A clear and well-reasoned local law provides guidance to developers, residents, and state regulators alike. It also helps ensure that local priorities are documented before a project becomes controversial.
Developers are required to consult with affected municipalities and conduct public outreach before submitting permit applications to ORES. However, municipalities should view these requirements as the beginning—not the end—of community engagement.
Local officials should encourage developers to meet with municipal boards, attend community meetings, and answer questions from residents. Early communication can reduce misinformation, identify local concerns, and build trust among stakeholders.
Municipal officials should also establish communication channels with multiple representatives from the development team. Project managers are important contacts, but permitting specialists and public affairs personnel may often be better positioned to answer technical questions or provide timely updates.
Don’t Wait to Discuss Community Benefits
Host Community Benefit Agreements (HCAs) are legally binding contracts between project developers and local governments and have become an increasingly important component of renewable energy development.
Although executed agreements may not be required until later stages of the permitting process, municipalities should begin discussing community benefits during the earliest consultations with developers. Waiting until a project is nearing approval can significantly reduce negotiating leverage.
Potential community benefits may include:
- Direct annual payments to municipalities
- Funding for community projects
- Infrastructure improvements
- Emergency response resources
- Recreational amenities
- Environmental enhancements
- Educational initiatives
Municipal officials should identify local priorities early and communicate them clearly. Developers are making critical project decisions long before permits are issued, and communities that engage early are often better positioned to secure meaningful benefits.
Renewable energy projects often generate strong opinions. Municipal leaders can help ensure that public discussions remain productive by focusing on accurate information and transparency.
Residents frequently have questions regarding:
- Property values
- Agricultural impacts
- Environmental effects
- Noise
- Visual impacts
- Tax revenue
- Grid reliability
- Construction impacts
Municipalities should not hesitate to ask developers to participate in public meetings, provide educational materials, and answer community questions directly.
Experience shows that vocal opposition can sometimes create the impression that a project lacks community support. Municipal leaders should strive to gather input from a broad range of residents and stakeholders before drawing conclusions about community sentiment.
Large-scale renewable energy projects often take years to move from initial discussions to construction. Project schedules change. Permit reviews take time. Market conditions evolve. Regulatory requirements shift.
Municipal officials should recognize that delays are common and should plan accordingly. Maintaining consistent communication with developers and regulators helps communities stay informed as projects evolve.
Approach Negotiations as a Partnership
Successful renewable energy projects are rarely the result of one-sided discussions. Municipalities should expect developers to seek local input and should be prepared to advocate for their community’s interests. Local officials possess valuable knowledge about infrastructure, emergency services, land use patterns, environmental resources, and community priorities.
The most productive projects are often those where municipalities engage early, communicate clearly, and negotiate from a position of preparation rather than reaction.
How Experienced Environmental Counsel Can Help
Preparing for large-scale renewable energy development requires more than simply reviewing a project application. Municipalities often benefit from developing a comprehensive strategy before any proposal is submitted.
Experienced environmental, land use, and municipal counsel can help communities evaluate existing local laws, identify potential vulnerabilities, develop renewable energy regulations, participate effectively in ORES proceedings, negotiate host community benefit agreements, and coordinate technical reviews with planners, engineers, and environmental consultants.
Most importantly, experienced counsel can help local governments move from a reactive posture to a proactive one—ensuring that when renewable energy development arrives, the municipality is prepared to protect local interests, engage constructively with stakeholders, and maximize benefits for the community.
As renewable energy development continues to expand across New York State, the municipalities that prepare today will be best positioned to shape the projects of tomorrow.
If you have questions about this topic or any Municipal or Environmental & Energy matter, please contact Mindy L. Zoghlin at 585-258-2871 or mzoghlin@underbergkessler.com.
