Clay, NY Solar Energy: Expedited Solar Permitting (2026)

Section 230-20H(3)(a) classifies roof-mounted and building-integrated solar energy systems as Tier 1 systems, and it states plainly that permits for all Tier 1 systems are issued by the Town Code Officer, without a special use permit or board hearing. Section 230-20H(6) confirms that all Tier 1 systems are permitted in every zoning district in the Town and are exempt from site plan review, though they still carry design conditions: panels on pitched roofs may sit no more than eight inches above the roof surface, must be mounted parallel to the roof, and cannot rise above the roof's highest point, while panels on flat roofs cannot extend above the surrounding parapet or more than 48 inches above the roof surface, whichever is higher, and all panels need an antireflective coating.

That contrasts with Tier 2 ground-mounted residential systems under Section 230-20H(3)(b) and (7), which require both a solar building permit and a special use permit from the Planning Board, are barred from front yards, need a 20,000-square-foot minimum lot, and face a 12-foot height cap, plus Planning Board screening conditions. Tier 3 systems, reserved for industrial and commercial zones under Section 230-20H(3)(c) and (8), go further still, requiring Town Board approval after a Planning Board advisory report and a public hearing with 10-day newspaper and mailed notice to neighbors within 400 feet.