Battery Energy Storage Systems

Law Development Resources for Battery Energy Systems

Our region including Livingston County is experiencing a significant increase in renewable energy development, primarily solar development. It is anticipated that large-scale BESS will likely co-locate with new or existing large-scale solar energy systems, including in Livingston County.  

Any BESS included in a 94-C application for renewable energy systems (including solar) will be subject to State 94-C regulations and ORES review and permitting.  Any stand-alone BESS will not be subject to State 94-C regulations or ORES review and permitting; these facilities are subject to local laws.   

Large-scale battery energy storage is a relatively new use to our region. Many municipalities are addressing this new land use by incorporating it into existing zoning and/or by creating new land-use regulations.  Large-scale systems should be evaluated for potential land use, aesthetics, decommissioning, and disposal impacts. By reviewing their zoning requirements, municipalities can ensure that BESS systems are clearly classified and adequate regulations are in place.

GIS Map Resources: Site Location & Municipal Law Status for BESS

  1. MAP: Municipal BESS Law Status as of February 2022
  2. MAP: Solar & BESS Sites as of February 2022

Local Law & Moratorium Tracker of BESS in Livingston County as of March 2023

Municipality
BESS Law? 
If Yes, Click to go to Law
Permits
Large Scale
BESS Systems?
Comprehensive Plan 
References
Alternative / Renewable Energy?
Moratorium on  
BESS? 
If Yes, Click to go to Law
Town of
Avon
Yes
Local Law # 2-2022
Yes
Yes - Solar, Wind, & Geothermal
No
Town of
Caledonia
Yes
N/A
No
Town of
Conesus
Yes
No
N/A
No
Town of
Geneseo
Yes
No
N/A
No
Town of
Groveland
Yes
Yes
N/A
No
Town of
Leicester
No
N/A
Comprehensive Plan
In Progress
No
Town of
Lima
No
N/A
References Green Energy
No
Town of
Livonia
Yes
No
N/A
No
Town of 
Mount Morris
Yes
Yes
Yes - Solar, Wind, Geothermal, Biomass Energy, & Methane Digesters
No
Town of 
North
Dansville
No
N/A
Yes - Solar, Hydro, Thermal, & Wind
No
Town of
Nunda
No
N/A
N/A
No
Town of 
Ossian
L.L. No. 1-2022
No
Yes - Solar, Wind, & BESS
No
Town of 
Portage
No
N/A
N/A
No
Town of
Sparta
No
N/A
N/A
No
Town of 
Springwater
No
N/A
N/A
No
Town of
West Sparta
Law in Process
Law in Process
Yes - Wind
Yes
Town of 
York
Law in Process
Law in Process
N/A
Yes
Municipality
BESS Law?
If Yes, Click to go to Law
Permits Large Scale
BESS?
Comprehensive Plan References
Alternative / Renewable Energy?
         Moratorium on
BESS?
If Yes, Click to go to Law
Village of
Avon
No
N/A
N/A
No
Village of 
Caledonia
No
N/A
N/A
No
Village of
Dansville 
No
N/A
N/A
No
Village of
Geneseo
No
N/A
N/A
No
Village of
Leicester
No
N/A
N/A
No
Village of
Lima
No
N/A
N/A
No
Village of
Livonia
No
N/A
N/A
No
Village of
Mount Morris
No
N/A
N/A
Yes
Village of 
Nunda
No
N/A
N/A
No