Clay, NY Solar Energy: Panel Permits (2026)
Key Facts
- Governing section
- Town of Clay Code Section 230-20H(5)
- Permit required
- Building permit for every solar energy system
- Installer requirement
- Must be a qualified solar installer
- Residential capacity cap
- 25 kW per single parcel
- Energy-use cap
- 110% of prior 12-month site consumption
- Adopted
- Local Law No. 1-2022
Summary
The Town of Clay requires a building permit for every solar energy system under Code Section 230-20H(5), added in 2022, and installation must be performed by a qualified solar installer approved by the Town Codes Officer. Residential systems on a single parcel are capped at 25 kW and at 110% of the site's energy use over the prior 12 months.
General requirements. (a) A building permit shall be required for installation of all solar energy systems and installation must be performed by a qualified solar installer as approved by the Town Codes Officer. (b) Solar energy systems, unless a part of a Tier 3 solar energy system, shall be permitted to provide for power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a net metering arrangement in accordance with the New York Public Service Law or similar state or federal statute. However, solar energy systems applications in a residential setting and serving residential use on a single parcel or lot shall be limited to 25 kW and 110% of energy consumed on the site in the prior 12 months. Solar energy system applications serving a commercial or industrial use shall be limited to no more than 110% of the energy consumed on the site in the prior 12 months.
Full Breakdown
Section 230-20H, adopted by Local Law No. 1-2022 under the Town Law and Municipal Home Rule Law, governs all solar energy systems in the Town of Clay. Section 230-20H(5)(a) requires a building permit for installation of every solar energy system, and the installation itself must be performed by a qualified solar installer, defined elsewhere in the section as a person on NYSERDA's eligible photovoltaic installer list, a NABCEP-certified installer, or someone the Town Code Officer separately determines has adequate training and experience. Section 230-20H(5)(b) caps residential systems serving a single parcel at 25 kW and at 110% of the energy consumed on that site over the prior 12 months, while commercial or industrial systems are capped at 110% of prior 12-month consumption without the 25 kW ceiling; excess power may still be sold back through a net-metering arrangement under state or federal law.
Permits and approvals go through State Environmental Quality Review Act review under 6 NYCRR Part 617, and before a system may operate its electrical connections must be inspected by a licensed electrical inspector and its utility grid connection inspected by the serving utility, with written proof supplied to the Town in both cases. The applicant must also show the Code Enforcement Officer a reliable method for de-energizing the system in an emergency before a permit issues, and any system that stops functioning for more than 12 consecutive months must be fully removed within 90 days of the Town's written notice.
Violations & Fines
Installing, modifying or operating a solar energy system without the required Section 230-20H(5) building permit, without a qualified installer, or in excess of the residential 25 kW/110% cap, is enforced as a general zoning violation under Section 230-9: a fine of up to $750 or imprisonment up to 15 days, with each week of continued violation a separate offense, plus available injunctive relief.
Frequently Asked Questions
Does the Town of Clay require a permit for rooftop solar panels?
How large can a residential solar system be in the Town of Clay?
Who has to inspect a solar installation before it can operate in Clay?
What happens to a solar system that stops working in the Town of Clay?
Sources & Official References
Other rules in Clay
New York rules heatmap·Compare Clay to another location·View the New York solar energy overview
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