How Agricultural Lands are Considered

Since its inception in 2020, the Office of Renewable Energy Siting and Electric Transmission (ORES) has required applicants for renewable energy facility siting permits to provide extensive information on the agricultural resources within and around the proposed facility site. 

ORES regulations are designed to avoid, minimize, or mitigate to the maximum extent practicable, potential significant adverse impacts to land used in agricultural production. Additional consideration is given for land within an agricultural district or land that contains Mineral Soil Groups (MSG) 1-4. 

Regulations adopted by the Public Service Commission in February 2026, directed by the Renewable Action through Project Interconnection and Deployment (RAPID) Act enacted in 2024, strengthened these requirements through uniform standards and conditions and expanded consideration for MSG 1-4. To date, 67% of solar projects permitted by ORES are required to provide mitigation for agricultural impacts.

Collaboration with NYS Department of Agriculture and Markets

ORES staff work in close collaboration with the Department of Agriculture and Markets (NYSAGM) throughout the permitting process, including reviewing the agricultural resources exhibit which characterizes a 5-mile study area around the proposed project. During construction, NYSAGM assists the ORES field compliance staff and the Agricultural Monitor in ensuring best practices are implemented to protect agricultural resources, like soil health and drainage patterns.

Final siting permits granted by ORES require lands within the fenced facility area to be protected throughout construction, restoration, operation, and decommissioning consistent with the NYSAGM Guidelines which ensure they can be returned to their former agricultural status at the end of the useful life of the facility. 

Agricultural lands outside the fenced area but still within the facility site are also protected under the conditions of the siting permit and the NYSAGM Guidelines. When construction and site restoration are complete, these lands outside of the fenced area may return to agricultural use for the life of the facility. 

Agricultural Plan and Mitigation

ORES regulations require Applicants of siting permits to provide a detailed Agricultural Plan to demonstrate how the Applicant will avoid, minimize, and mitigate impacts to lands used in agricultural production, with specific consideration for Mineral Soil Groups 1-4 and land in NYS Certified Agricultural Districts. This plan must be consistent with the New York State Department of Agriculture and Markets Guidelines, which has many requirements for protecting agricultural land.
Guidelines Requirements

New York State Department of Agriculture and Markets Guidelines requirements include but are not limited to the following:

  • Hiring a third-party, on-site Agricultural Monitor to oversee all stages of construction, restoration, and decommissioning
  • Protections for topsoil which address stripping, stockpiling, preservation, and restoration
  • Ensuring any access roads constructed maintain existing drainage patterns and allow for farm equipment crossing
  • Burying all electrical collection lines where possible for safety purposes and to prevent interference with continued farming operations on portions of the land
  • Constructing any necessary temporary fencing to protect livestock
  • Post-construction restoration of areas to continue agricultural production for the life of the facility
  • On-site monitoring of restored agricultural areas (3 times per season for 2 growing seasons)
  • Upon decommissioning, removal of all aboveground system components and all belowground system components up to 48 inches in depth and restoration of all lands to the condition necessary to support agricultural use and production after decommissioning according to landowner recommendations.
Mitigation

In addition to the Plan described above, additional mitigation for lands used in agricultural production may be required by ORES. This mitigation may consist of:

  • Paying a mitigation fee into the Agricultural and Farmland Viability Protection Fund established by State Finance Law section 99-pp
  • Paying a mitigation fee to another state or Federal agency or authority.
    • ORES encourages co-utilization, which requires the submission of a co-utilization plan. Applicants may propose co-utilization on their own or ORES may require it.

Further Information about Farmland and Renewable Energy

  • Projects are sited on land with landowners who agree to allow the developer to utilize their land.
  • Renewable Energy development is not the only cause of farmland loss in NYS, but due to the concern of its impact, the State has required developers to mitigate impacts on agricultural lands. Other forms of development are not required to mitigate impacts on agricultural lands.
  • Solar/wind leases can provide the economic support farmers need to maintain existing farming operations, keep land in their families for generations to come, or provide other personal financial support.
  • The total fenced area of the 30 solar facilities permitted by the office to date represent only 0.13% of the total prime farmland in the state. The 30 projects represent about 0.37% of the 6.5 million acres of agricultural land in the state.
  • Prime farmland definitions were not changed by Governor Hochul; they have been in place for decades; in fact, NYS has not changed its mineral classification of farmland since MSG was created in the 1980’s when it was established in agricultural district law.
  • 94% of the state’s prime farmland designations overlap with USDA designations of prime farmland. While the definitions are not entirely consistent, the New York State definition results in over 1 million additional acres classified as prime farmland compared to the USDA definition. The 6% difference between the two definitions represents more specific consideration of certain local environmental factors which are not included in the USDA definition. One example of this is treatment of soil drainage on lands prone to flooding, as some farmlands may not qualify as prime farmlands by the state standard if drainage infrastructure is not installed to mitigate flooding during weather events.

Farmland Preservation in New York State

New York State has a long-standing commitment to protecting our agricultural lands, and the State’s Farmland Protection Program is celebrating its 30th year. So far, New York State, through its Farmland Protection Program, has protected more than 138,535 acres of New York farmland through completed conservation easement projects, totaling over $350.7 million on 465 farms across the state. Currently, a record level of funding of $67 million is available, and is being boosted with additional funding from the Clean Water, Clean Air and Green Jobs Environmental Bond Act. Funding from the Bond Act will support the Farmland Protection Program for at least five years.