State Power Legislation Has Local Municipalities Concerned

New York State’s Article X expired January 1, 2003, forcing power companies and developers to seek permits through local town zoning laws for electric generating projects.

In the North Country, this has been a hot bed topic thanks to several wind farm projects being developed in the area.

Lewis County has one of New York State’s most successful and largest wind farms, Maple Ridge.

Cape Vincent has two proposed wind projects and those have been put on hold multiple times for a lack of zoning regulations specifically pertaining to the construction and location of the wind farms.

The Town of Clayton has a proposed project, Horse Creek Wind Farm, that is currently being researched by independent contractors for environmental and health studies.

Town officials and residents have thrown themselves into researching the pros and cons of the projects, but if Article X is passed local citizens may not have as much of a say in the project’s development.

Article X essentially would allow the state to bypass town zoning laws, creating more of a freeway of access to building power projects.

Clayton Town Supervisor Justin Taylor said that while Article X addresses all power supply companies, not specifically wind farms, it should be up to local governments to decide how to manage proposed projects since they will be the ones who will have to live with them.

“This legislation as it is written right now takes away the zoning authority the local government control of where these power producing plants would be located,” he said.

The NYS Public Service Commission could overrule town zoning regulations that have both stalled and propelled wind farm projects in the area, allowing towns to create necessary ordinance and compile data.

Attorney Mark Gebo, who represents several local governments, said that there would be a provision included in Article X stating that the power companies would have to follow zoning regulations, but to what extent is the question.

“To what extent they follow (zoning laws) and to what extent they will be required to follow them is an open issue, because the legislation is far from final.”

“When you deal with local government, you deal with local people. When you’re dealing with state government, you’re dealing with someone as far away as Albany who you may not be able to reach out and touch,” Justin Taylor concluded.