NEW YORK BESS MORATORIUMS

Battery Storage Restrictions by County

112 Moratoriums Tracked | 98 Active | 37 Counties | 8 Jurisdictions | Updated Monthly

New York accounts for more than two-thirds of all BESS moratoriums in the United States — more than the other 15 states combined. The vast majority restrict utility-scale projects only, but 8 jurisdictions have restricted all battery storage regardless of size. Most moratoriums have defined expiration dates, with a major cluster expiring in mid-to-late 2026.

The ORES Bypass:
How to Build BESS in New York Despite Local Moratoriums

New York’s Office of Renewable Energy Siting (ORES) offers a state-level permitting pathway that can override local zoning restrictions — including active moratoriums. Created under the Accelerated Renewable Energy Growth and Community Benefit Act (Section 94-c), ORES was designed to prevent local governments from blocking projects that serve the state’s clean energy targets. Battery storage projects with a nameplate capacity of 25 MW or greater are eligible to apply directly to ORES, bypassing the local permitting process entirely.

In practical terms, this means a developer with a 50 MW BESS project in Chester (Orange County) or Cortlandt (Westchester County) does not need to wait for the local moratorium to expire. They can submit a Section 94-c application to ORES and proceed through the state process regardless of what the town board has enacted. However, the 25 MW threshold is a hard line. A developer with a 10 MW or 20 MW project in the same jurisdiction has no state-level bypass available — they must either wait for the moratorium to lift, seek a local variance, or choose a different site. For the 98 active moratoriums tracked in New York, this threshold determines whether ORES is a viable path or not.

The ORES pathway is not automatic approval. Projects still undergo environmental review, community engagement, and compliance with state siting standards. But the critical difference is that the decision-making authority shifts from the local government to the state — removing the moratorium as a blocking factor. Subscribers to Carina’s moratorium database receive the full ORES pathway details, including the application process, typical approval timelines, and Carina’s analysis of how ORES is handling projects in moratorium jurisdictions.

New York is one of seven states with a pathway that allows developers to bypass local BESS restrictions. See the full comparison of state bypass laws.

New York BESS Moratoriums by Region

New York’s 98 active moratoriums are not evenly distributed. They cluster in specific regions, often driven by a wave of proposed BESS projects triggering a chain reaction of local government responses. Understanding where these clusters are — and when they expire — is critical for developers evaluating sites.

Western New York — 25 Active Moratoriums

The densest moratorium cluster in the state. Chautauqua County alone accounts for 8 active moratoriums — more than most entire states — with Ellery, Poland, Greenwood, and Sherman all set to expire in late August 2026. Erie County adds another 6, concentrated in the southern suburbs of Buffalo. The second half of 2026 is the date to watch in this region: a significant number of moratoriums expire within a few months of each other, which could open development opportunities across a wide geographic band from Lake Erie to the Southern Tier border.

Hudson Valley & NYC Metro — 22 Active Moratoriums

Westchester County leads the entire state with 9 active moratoriums, spanning from Yonkers and Peekskill in the south to Cortlandt and Bedford in the north. This cluster matters because of its proximity to New York City’s load centers and the transmission infrastructure that connects them. Putnam County is notable for having two of the state’s most restrictive moratoriums: both Carmel and Kent restrict all battery storage regardless of size (ALL_BESS scope), not just utility-scale. In the mid-Hudson Valley, Columbia County has three active moratoriums (Claverack, Livingston, Stockport) and Ulster County has three more (Gardiner, Hurley, Plattekill), with Plattekill also carrying ALL_BESS scope.

Long Island — 10 Active Moratoriums

Long Island’s land constraints make energy storage siting challenging even without regulatory barriers, so moratoriums here carry outsized impact. The Nassau County jurisdictions are particularly restrictive: Hempstead and North Hempstead both have ALL_BESS scope, meaning residential and commercial battery systems are blocked alongside utility-scale projects. North Hempstead’s moratorium extends the furthest, with a November 2026 expiration. Suffolk County’s six moratoriums are more narrowly scoped to utility-scale only, with most expiring between April and July 2026.

Finger Lakes — 9 Active Moratoriums

Moratoriums are spread across the region with no single county concentration — Wayne (2), Cayuga (2), Ontario (2), Orleans (1), Monroe (1), and Genesee (1). Most are utility-scale only with expiration dates in mid-2026. This is a region where moratoriums appear to be independent local reactions rather than a coordinated wave, making them more likely to resolve on different timelines.

Southern Tier — 9 Active Moratoriums

Steuben County anchors this cluster with 5 active moratoriums. Cameron, Campbell, Corning, Greenwood, and Prattsburgh form a contiguous band of restricted jurisdictions along the county’s western and central corridors, all expiring between May and November 2026. Broome County adds 2 more (Barker and Maine), and Chemung and Cortland counties each have one. Developers watching this region should note the Steuben County concentration — when those five moratoriums expire, a meaningful stretch of the Southern Tier opens up simultaneously.

Capital Region & Mohawk Valley — 14 Active Moratoriums

The broadest geographic spread of any cluster, stretching from Saratoga County in the east through Montgomery, Fulton, and Herkimer counties to the west. The Mohawk Valley sub-cluster is notable for its density in a compact area: Montgomery County (3 moratoriums), Fulton County (2), and Herkimer County (2) account for 7 moratoriums within roughly 40 miles of each other. Amsterdam (Montgomery County) holds one of only three indefinite moratoriums in the entire state, with no defined expiration date. Clifton Park in Saratoga County is also worth flagging — its moratorium runs through July 2026.

North Country — 7 Active Moratoriums

Remote, low-population area with scattered restrictions across St. Lawrence County (4), Essex County (2), and Lewis County (1). Two jurisdictions in this broader region have already seen moratoriums end — Le Ray (Jefferson County) was lifted and Long Lake (Hamilton County) expired — suggesting that moratoriums in rural areas sometimes don’t persist when the economic case for storage development is strong. The four St. Lawrence County moratoriums (Brasher, Norfolk, Oswegatchie, Parishville) all expire between March and August 2026.

Central New York — 2 Active Moratoriums

Minimal activity. Lysander (Onondaga County) expires in late March 2026, and Oswego City (Oswego County) in late March as well. This region has largely avoided the moratorium wave that swept through other parts of the state.

Full List: New York BESS Moratoriums

Source: Carina Energy research.