ORES Frequently Asked Questions

A. The Office of Renewable Energy Siting and Electric Transmission (ORES) is a unit within the New York State Department of Public Service (DPS) that manages the permitting process for large scale renewable energy generation projects and electric transmission facilities. Technical staff within ORES are also responsible for reviewing other gas transmission and electric generation facilities.

A. The New York State Legislature created ORES in 2020 in recognition of the unique permitting challenges posed by utility scale renewable energy projects. Consistent with decades of past legal precedent of permitting energy infrastructure in New York, the Legislature charged ORES with developing a uniform state permitting process to avoid a patchwork of inconsistent local rules, and to create a streamlined permitting process for utility scale renewable energy projects while protecting the environment and local communities’ interests. In 2024, the New York State Legislature passed the Renewable Action through Project Interconnection and Deployment (RAPID) Act which expanded ORES’s authority to include permitting for electric transmission facilities in addition to renewable energy generation projects to ensure New York State advances progress towards its climate targets. 

A. No. ORES is a unit within the New York State Department of Public Service and does not choose where the projects are proposed to be built, nor does it have the legal authority to choose project locations or assist developers or private landowners to get real estate rights. Any interested developer of a large-scale renewable energy generation project (25 MW or larger) must first have agreements from interested landowners. The developers must also consult with the local community, identify environmental resources on the site, and develop a site design for the project that avoids protected resources to the greatest extent possible. The developer must also conduct several studies such as evaluating habitats, species, wetlands, and cultural resources. 

Once all these steps are complete, the developers must apply to ORES for a permit and demonstrate that they meet ORES’s environmental, agriculture, and community protection standards.

A. Most solar projects in New York State are reviewed and approved at the local level (community scale). Local governments have permitted 1,402 completed community scale solar projects. ORES has jurisdiction for utility scale projects that are 25 megawatts or larger. As of June 2026, ORES has permitted 36 utility scale solar and wind projects.

A. New York State Public Service Law Article VIII sets the legal framework for ORES, and Public Service Law § 3-C defines its powers, responsibilities, and authority to adopt rules and regulations (with Public Service Commission approval) to permit large-scale renewable energy generation projects (25 megawatt or larger) or new major electric transmission facilities.

An important first step in the process is for a developer to enter into a mutual agreement with a willing and interested landowner. Once the landowner and the developer enter into a mutual agreement, the developer applies to ORES for a permit. Expert staff at ORES review the application to ensure the project follows New York State rules and regulations, while protecting the environment and communities. 

A. No. ORES does not automatically approve projects. ORES reviews each project application carefully to determine if the project meets all applicable New York State laws and regulations before making a decision to approve or deny an application. This decision process includes carefully reviewing every aspect of the proposed project to ensure it follows all regulatory Uniform Standards and Conditions (see more detail on uniform standards and conditions below), developed in accordance with State law, and is designed to reduce or eliminate any negative impacts.

An important part of this review is the detailed environmental analysis, which must be performed even before an application is submitted to ORES. Project designs are often changed and may go through multiple revisions to protect the environment and communities’ interests. Because of this detailed review by experienced ORES staff, any potential problems with projects are found early in the application process. This allows ORES staff to address these problems before the developer submits their application. This ensures that project designs meet all applicable standards before a formal application is submitted. If a developer cannot meet these standards, the project does not move forward. 

Projects that do meet the standards can move forward and submit an application to ORES. Once an application is submitted, ORES reviews to decide whether it is complete and may send it back to the developer for changes if anything is missing or if the application can be improved to further reduce impacts. Only after ORES determines that an application is complete, does the full administrative review begin to decide whether a permit should be granted or denied. Pursuant to state law, ORES must issue or deny permits within 12 months of the developer submitting a complete application to ORES.

A. Yes. Developers of renewable energy projects are required to provide benefits to the community where the project is located. 

Before an application can be filed with ORES, any interested developer must first have agreements from interested landowners. The applicants are required to meet with local leadership, such as the Town Supervisor or Village Mayor, of the host community to discuss what benefits the project will provide to the community. Communities may negotiate agreements with developers to cover tax needs, such as payment in lieu of taxes (PILOT) agreements, as well as road use and repair agreements. Benefits can also include “host community” agreements, such as direct payments to communities, local donations, scholarships, etc. Additionally, local fire departments, school districts, and library districts also benefit by receiving additional revenue (special taxes) from these projects to help offset their costs.

While specific community benefits are tailored to each community’s needs, they may include direct payments to the municipality, funds to support local businesses or educational programs, purchase of equipment for the local fire departments and emergency services, and other benefits or projects. 

A. Yes. Communities are encouraged to engage with developers when the developer first brings the project idea to the community. Developers must meet with the Town Supervisor or Village Mayor of the host community before filing an application, listen to community feedback on local law compliance, and lay the framework for acceptable host community agreements.

Developers must have at least one public workshop or meeting to give individual community members a chance to learn about the project, ask questions, and provide feedback. Developers must also establish a public project website with an email and a phone number available for the public. 

Communities may apply for funding to help them participate in the process (see below). 

A. Before filing an application, a developer has already obtained permission from a willing landowner to build a project. They then must meet with local leaders, such as the Town Supervisor or Village Mayor, to discuss the proposed project. ORES regulations require a meeting to take place at least 60 days before an application is filed. 

ORES also highly encourages all developers to establish early and regular communication with local officials and the public well in advance of the 60-day notice to more fully inform and engage the public as early as possible in the pre-application process. This includes offers to conduct public information workshops and/or attend monthly town board meetings to discuss the general details of the proposed project, local laws that may be applicable and any waivers being contemplated, and possible benefits to the host community. 

Issues like Payments-in-Lieu-of-Taxes (PILOTS) and Host Community Agreements are also a part of these early discussions with host communities. Developers are also encouraged to work cooperatively with local governments to seek common ground and agreement on potential issues of conflict. By working early and cooperatively with host communities, developers are able to foster a positive and constructive partnership.

A. Local agency account funds, also known as intervenor funds, are payments made by developers to support local participation in reviewing the application. 

Developers are required to pay into an intervenor fund when they file an application with ORES. ORES manages the funding and makes it available to municipalities and qualified community groups to hire independent experts, such as engineers or legal consultants, to help review and analyze project applications.

A. As part of the regulatory process, ORES requires developers to show how they: 

1. Plan to avoid impacts to the environment and local communities; 
2. Minimize impacts through their design and construction plans; and 
3. Make up for any unavoidable impacts that may adversely affect resources. In the case of threatened and endangered species, developers must prove that the impacted species experience a net benefit as a result of the project. 

All projects across the state must follow strict Uniform Standards and Conditions (USCs) that protect New York State’s environment. Site Specific Conditions (SSCs) can also be required to deal with unique issues specific to each project. All these measures help ensure that facilities are built and operated in ways that avoid or mitigate harm to the environment and communities. ORES uses the expertise of its in-house biologists, wetlands experts, archaeologists, and other environmental and community experts who carefully review projects to make sure they are responsibly designed and protect local communities and resources.

A. ORES staff are New York State union and non-union, experienced and skilled scientists, engineers, biologists, geologists, foresters, landscape architects, wetlands, wildlife, visual and noise experts, archaeologists, field inspectors, and other experts in their field. Their job is to review permit applications and plans for renewable energy generation and electric transmission facilities to ensure that each project follows all permit conditions which include protections for the environment and local communities. Additionally, ORES field staff monitor projects during construction to ensure environmental compliance and permit requirements are followed. If potential violations are found, ORES investigates them to determine the appropriate resolution.

A. Following State regulations, applications submitted to ORES for renewable energy facility permits (solar and wind) must have 25 exhibits, and applications for transmission project permits must have 29 exhibits. ORES experts carefully review applications to make sure that each project follows all Uniform Standards and Conditions and that it considers technologies, noise levels, vegetation cover, and impacts to wildlife, wetlands, agriculture, and community impacts. 

Application exhibits cover: Public Involvement, Location of Facilities and Surrounding Land Use, Real Property, Route Selection and Alternatives Analysis (transmission only), Design Drawings, Preliminary Description of Construction Practices (transmission only), Public Health, Safety, and Security, Noise and Vibration, Visual Impacts, Cultural Resources, Geology, Seismology, and Soils, Terrestrial Ecology, NYS Threatened or Endangered Species, Water Resources and Aquatic Ecology, Wetlands, In Water-Facilities (transmission only), Agricultural Resources, Effect on Transportation, Cost of Proposed Facility (transmission only), Public Need (transmission only), Socioeconomic Effects, Disadvantaged Communities and Environmental Justice, Effect on Communications, Electric System Effects and Interconnection, Electrical and Magnetic Fields, Site Restoration and Decommissioning, Local Laws and Ordinances, and Other Permits and Approvals.

A. Yes, ORES regularly collaborates with other units in the New York State Department of Public Service, as well as New York State and federal agencies including but not limited to:

• New York State Department of Environmental Conservation
• New York State Department of Agriculture & Markets
• New York State Office of Parks, Recreation, and Historic Preservation
• New York State Energy Research and Development Authority (NYSERDA)
• New York State Department of Transportation
• New York State Department of Homeland Security and Emergency Services
• New York State Department of State
• New York State Thruway Authority
• United States Army Corps of Engineers

A. No. ORES is subject to specific state regulations and other State laws. However, ORES regularly coordinates with other State agencies. Additionally, ORES field inspectors work closely with New York State Department of Agriculture and Markets (AGM) and New York State Department of Environmental Conservation (DEC), as well the United States Army Corps of Engineers, to ensure that all permit requirements are met during project construction, land restoration, and project operation. 

A. As part of its regulatory process, ORES encourages developers to avoid permitting projects on farmland with mineral soil groups (MSG) 1-4, which are the most productive soils for farming.  When a project cannot completely avoid all MSG 1-4 soil groups, the developer must describe in their application how they minimized the impact on any MSG 1-4 soils as much as possible. 

Additionally, ORES regulations require developers to follow the New York State Department of Agriculture & Markets Guidelines for Construction Mitigation on Agricultural Lands and Guidelines for Solar Energy Projects – Construction Mitigation for Agricultural Lands, to protect farmland from being harmed during construction. When significant impacts on farmland cannot be avoided, ORES requires developers to minimize and mitigate that impact by requiring co-utilization or requires developers to pay into the Agricultural and Farmland Viability Protection Fund, which can be used to protect or support New York farms and farmland. 

At the end of the project’s life, ORES also mandates that developers restore project farmland so farming can resume immediately. 

A. Yes. ORES supports combining farming activities with project facilities (co-utilization). Co-utilization is required by some permits. For solar facilities, livestock grazing often occurs under and around solar panels, and sometimes crops are grown between panels. For wind projects, farming usually continues around the turbines since wind turbines only take up about half an acre. When a permit requires agricultural co-utilization for a solar project, developers must submit a detailed plan for co-utilization of the facility site for ORES to approve according to regulations. 

A. ORES requires renewable energy projects to be designed to follow local laws whenever possible. A developer can ask ORES for relief from a specific law, similar to a zoning variance granted by a local zoning board. When a developer asks for relief from a local law, they must provide strong evidence of why their request is needed. ORES carefully reviews each request during the permitting process to ensure relief does not go beyond what is reasonable, fair or necessary. Often, ORES only partially waives a local law.

The most common requests involve local rules related to financial security for project removal after the useful life of a project (decommissioning). In these cases, ORES often applies its own statewide standards, which provides consistency for developers while still protecting local governments and communities. The second most common requests involve setback requirements, particularly when a project crosses neighboring property lines. Without some relief, project components would need to be placed further apart than necessary, increasing the size, cost, and environmental impacts of a project. 

A. ORES represents the State of New York and does not determine project locations, build or own projects. These are all the responsibility of developers who must work with willing landowners to secure project locations. ORES respects private property rights and the decisions of landowners whether or not to partner with renewable developers. 

Solar panels are being installed on rooftops and parking lots all around New York State, but these projects are all below 25 MW and would not be eligible to go through the ORES process. For projects less than 25 MW, the developer must request approval to build the project from the town, village, or city in which it is located. 

A. Redactions are required by New York State law to protect the locations of threatened and endangered species and prevent any harm that could result from sharing their location. These redactions are specifically required by the New York Environmental Conservation Law and Article 6 of the New York State Public Officers Law, which existed before ORES was created, and are incorporated into ORES’s regulations at 16 NYCRR § 1100-1.4(a)(6). 

Additionally, archaeological and cultural resources information are protected under 16 NYCRR § 1100-1.4(a)(5), Section 304 of the National Historic Preservation Act, NYS Parks, Recreation and Historic Preservation Law, Article 14, and 9 NYCRR § 427.8. Other sensitive information, including trade secrets, confidential commercial information, and critical infrastructure information, must also be redacted pursuant to 16 NYCRR § 1100-1.4(a)(4). 

A.  No, permits issued by ORES cannot be used to build a data center. As part of its state mandate, ORES only has legal authority to permit large scale renewable generation projects 25 MW or more and major electric transmission projects. ORES does not have the legal authority to permit or allow for the construction of data centers. 

A. Yes, a permit issued by ORES for a major renewable energy project can be transferred to another developer to build the project with ORES approval. However, the new developer has to build the project the way it is described in the permit, follow all the requirements, and provide the agreed-on host community benefits.

A. ORES is a unit within a New York State agency and therefore follows all rules and regulations when conducting state business. As required by law, ORES collects two fees from developers that apply to ORES for permits. First, ORES collects money from developers and distributes those funds to municipalities and community intervenors to cover the costs of community participation in the permit review process. Second, ORES collects an application fee to offset the costs of operating ORES. Both fees are like other State and local fees (e.g., building permit fees) collected by government entities in New York State and beyond.

A. As part of its regulatory process, ORES requires developers to have a decommissioning plan. This means that the developer must remove solar equipment and restore the land when the project is no longer operating. Developers must provide proof of financial security in the name of the host communities for decommissioning within the ORES application process; meaning, when decommissioning takes place, there is money set aside by the developer to pay for project removal. No municipality will be required to pay to remove facilities once they are no longer in use.

A. No. ORES is a unit within the New York State Department of Public Service and does not, and cannot, own or buy land. All land for projects that go through the ORES process are owned by interested landowners. ORES does not build, own, or operate the projects for which it issues permits.