Solar Energy in New York, NY: What Residents Actually Need to Know
If you live in New York or are thinking about moving there, solar energy are one of those things you probably won't think about until they affect you directly. New York has 4 specific rules on the books covering different aspects of solar energy, and some of them might surprise you.
Expedited Solar Permitting
The Department of Buildings NYC Solar Express program issues over-the-counter permits for solar photovoltaic systems on one and two family homes within two weeks, implementing Local Law 21 of 2011 and the New York State Renewable Portfolio Standard.
Key details: Program: NYC Solar Express. Authority: Local Law 21 of 2011. Eligibility: 1-2 family up to 25 kW. Review time: About 2 weeks. Form: LL21 worksheet.
Installing solar without DOB permits violates Admin Code section 28-105.1 and triggers a $2,500 stop-work order plus daily $500 fines. Roof installations failing wind-load calculations under Building Code section BC 1607 can be ordered removed at owner expense.
New York is more permissive than most cities when it comes to expedited solar permitting. That said, there are still limits.
Community Solar
The New York State Public Service Commission Value of Distributed Energy Resources order under Public Service Law section 66-j authorizes community distributed generation, letting Con Edison and PSEG Long Island ratepayers subscribe to off-site solar farms up to five megawatts.
Key details: Authority: PSC Case 15-E-0082. Project cap: 5 megawatts. Utility: Con Edison citywide. Tariff: Value of DER. Incentive: NY-Sun program.
False subscriber enrollment, deceptive marketing, or unauthorized cancellation fees violate PSC Uniform Business Practices and General Business Law section 349, exposing CDG sponsors to refunds, civil penalties up to $5,000 per violation, and license revocation.
New York is more permissive than most cities when it comes to community solar. That said, there are still limits.
HOA Restrictions
New York State Real Property Law §425-b (the Solar Access Act) limits the ability of HOAs and condominium associations to prohibit solar installations but allows reasonable aesthetic requirements. NYC co-op boards have broader authority to restrict alterations under proprietary leases. Landmark buildings require LPC approval.
Key details: State Law: Solar Access Act (RPL §425-b). Co-op Boards: Can require approval. Landmarks: LPC approval required. NYCHA: Individual installations not permitted. Structural Review: Required for rooftop load.
Installing without board approval in a co-op/condo: breach of proprietary lease or bylaws, potential removal at owner's expense. LPC violation for unapproved installation on a landmark: fines and mandatory removal. DOB violation for structural non-compliance.
Panel Permits
NYC requires DOB permits for solar panel installations. Local Law 92/94 of 2019 mandates solar panels or green roofs on all new buildings and major roof renovations. The NYC Solar Action Plan streamlines permitting through the DOBNow system. Property tax abatement available under the NYC Solar Electric Generating System Tax Abatement.
Key details: Permit Required: Yes, DOB work permit. Mandate (New Build): LL 92/94 of 2019. Tax Abatement: Up to $5,000/kW ($62,500 max). FDNY Clearance: 3-ft perimeter at roof edges. Interconnection: Con Edison net metering.
Installing without a DOB permit: $10,000–$25,000 fine. Non-compliance with LL 92/94 on new construction: DOB stop-work order. Electrical code violations: DOB and utility enforcement. Failure to maintain FDNY access paths: fire code violation.
The Bottom Line
Compared to many U.S. cities, New York gives residents more room on solar energy. 2 of the 4 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.
This guide is based on New York's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.