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I’ve been approached by a solar company. Is this legal?

On Behalf of | Nov 13, 2024 | Firm News |

If you have been contacted by a solar company about installing panels or developing a solar farm on your property, you might be wondering if this is legal. The short answer is yes. New York not only allows, but also actively encourages the adoption of solar energy through various laws and incentives.

Large-scale solar installations

For property owners considering large-scale solar arrays, state law offers strong support. Under the Real Property Tax Law, Section 487, you can receive a 15-year property tax exemption for the increased value resulting from installing solar energy systems. However, such projects usually require a special use permit and site plan approval from your local zoning authority. The Office of Renewable Energy Siting oversees the placement of major renewable energy facilities to ensure they meet environmental standards and community needs.

Developing land for solar farms

If you are thinking about leasing your land for a solar farm, there are several legal aspects to consider. New York’s Climate Leadership and Community Protection Act sets ambitious renewable energy targets, increasing demand for land suitable for solar development.

Before moving forward, review local zoning regulations and agricultural land use policies. If your land is part of an agricultural district, be aware of potential conversion penalties. Organizations like the New York State Energy Research and Development Authority provide guidelines to balance solar development with agricultural use and promote practices like agrivoltaics, where land serves both farming and energy production purposes.

Residential and commercial solar installations

For homeowners and business owners, adding solar panels is generally straightforward, but it does involve navigating local building codes and obtaining the necessary permits. New York’s residential and fire codes outline specific requirements for rooftop solar installations, including provisions for emergency access and ventilation.

You can benefit from the same 15-year property tax exemption available for larger projects. Some municipalities also offer additional incentives or streamlined permitting processes to encourage solar adoption.

Potential legal considerations

While the legal frameworkhttps://www.westfirmlaw.com/energy-development/ is supportive, there are potential concerns to keep in mind. Large-scale projects may face environmental impact assessments and possible community opposition. When leasing land for solar farms, it is important to address issues like land use compatibility and long-term management in your agreements.

For residential and commercial installations, ensure you comply with all local codes and secure the necessary permits to avoid future legal complications. Additionally, stay informed about how solar installations might affect your property taxes and be aware of any local ordinances that could impact your plans.