NEW YORK BESS MORATORIUMS

Battery Storage Restrictions by County

118 Moratoriums Tracked | 100 Active | 38 Counties | 9 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 9 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.

ORES and Standalone BESS: What the Law Currently Allows

New York’s Office of Renewable Energy Siting and Electric Transmission (ORES) is a state-level permitting body created under the Accelerated Renewable Energy Growth and Community Benefit Act (Section 94-c, now codified under the RAPID Act as Public Service Law Article VIII). ORES reviews and issues siting permits for major renewable energy facilities — defined as renewable energy generation systems with a nameplate capacity of 25 MW or more, co-located energy storage systems, and certain electric transmission facilities.

Critically, ORES does not have jurisdiction over standalone battery energy storage projects under current law. A developer with a 50 MW standalone BESS project in Chester (Orange County) or Cortlandt (Westchester County) cannot use the ORES process to bypass a local moratorium. Standalone BESS of all sizes — whether 10 MW or 200 MW — must be permitted locally. This means that for standalone battery storage, every one of the 100 active moratoriums tracked in New York is a binding constraint with no state-level workaround.

The only BESS projects that qualify for ORES review are those co-located with a solar or wind generation facility that itself meets the 25 MW threshold. In those cases, the energy storage component is reviewed as part of the larger renewable energy project, and ORES can override local zoning restrictions including moratoriums.

Pending legislation could change this. Senate Bill S5506 (Sen. Kavanagh) and its Assembly companion A8378 (Asm. Levenberg) would expand ORES jurisdiction to include standalone “qualified energy storage systems.” The bill was introduced in February 2025 and referred to the Energy and Telecommunications Committee, where it remains as of April 2026. It has not passed either chamber. Several municipalities — including Carmel and Yorktown — have passed resolutions opposing the legislation.

Subscribers to Carina’s moratorium database receive legislative tracking on S5506/A8378, including committee status updates and Carina’s analysis of how the bill’s passage or failure would affect development strategy in moratorium jurisdictions.

New York is one of seven states with a pathway that allows developers to bypass local restrictions on renewable energy projects with co-located storage. 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 and Chautauqua County are tied with 8 active moratoriums each, spanning from Yonkers and Peekskill in the south to Cortlandt and Bedford in the north on the Westchester side. 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 — 9 Active Moratoriums

Remote, low-population area with scattered restrictions across St. Lawrence County (4), Essex County (2), and Lewis County (3). Lewis County picked up two new moratoriums (Denmark, expiring January 2027, and Greig, expiring January 2027) joining the existing Leyden restriction. 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 — 3 Active Moratoriums

Minimal activity. Lysander (Onondaga County) expires in late February 2026, Camillus (Onondaga County) extends through March 2027 with ALL_BESS scope (one of only nine such jurisdictions in the state), and Oswego City (Oswego County) is indefinite with no defined expiration date. 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.