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Balancing Clean Energy and Farmland Protection

Case Study: Smart Solar Siting in New York State

America's communities face a fundamental challenge: we need more of everything that requires land. More housing for growing populations. More renewable energy to fight climate change. And more sustainable farms producing nutritious food. New York's experience with solar siting on farmland shows that these competing demands don't have to be zero-sum. Through thoughtful policy design, communities can advance clean energy goals while protecting agricultural land and supporting farm economies. The key lies in recognizing the highest use for a given plot of land, responding to local priorities in each community, and crafting policies that reflect those priorities.

The Land Use Dilemma: Competing Needs, Limited Space

Across America, communities are grappling with how to use one of their most precious resources: land. The challenge is particularly acute in states where climate mandates demand rapid expansion of renewable energy, housing shortages require new development, and the loss of farmland threatens local food systems. For example, communities in New York are making difficult land-use decisions after the passage of New York's Climate Leadership and Community Protection Act of 2019, which is contributing to a rapid expansion of solar across the state.(1)

While solar expansion does not always compete with agriculture for land, the two land uses are in tension in New York. Much of the suitable land for solar expansion is currently farmland—the same productive soil that grows nutritious food and supports rural economies. Even before the clean energy push, New York already had one of the highest farmland conversion rates in the country.(2) Now, with solar developers offering farmers rental payments that can be several times what agricultural tenants can afford,(3) the pressure on farmland has intensified.

New York's local governments have responded with creative solutions that show this does not have to be an either-or choice. Across the state, towns have developed distinct approaches to solar siting that reflect their unique priorities and circumstances. Their experiences offer a roadmap for communities nationwide wrestling with similar land use challenges.

Producing Clean Energy and Preserving Local Food Systems in New York

Local laws regulating solar developments on farmland have to strike a balance between enabling the energy transition to renewable sources and protecting farmland and local food systems. To understand the tension between these competing priorities, consider the economics. Most farmers in New York (65%) rent their land,(4) and these farmers are vulnerable to losing their land if another bidder offers a higher rental price. Solar developers can afford to pay multiple times in rent what farmers can for the same land, and 68% farmers surveyed by the American Farmland Trust reported that land had become costlier to rent due to solar impacts.(5) As a result, a majority of New York farmers expected that solar development would have a negative impact on farm viability.(6)

However, not all farms are equally threatened by the energy transition, and for farmers who own their land, on-farm solar development can provide crucial supplemental income.(7) This income can be the difference between a farm staying in business and going under—especially for smaller operations struggling with thin profit margins.

The challenge for policymakers is designing rules that harness solar's economic benefits while protecting agricultural land and supporting farming communities. Across New York, towns have developed three distinct approaches, each reflecting different community priorities and circumstances.

Approach 1: Prioritizing Farmland Preservation

In areas with limited remaining farmland or regions designated as prime agricultural zones, policymakers may prioritize the complete protection of high-quality farmland. This approach is especially relevant for communities that:

  • Have experienced significant farmland loss
  • Are home to particularly valuable or productive agricultural soils
  • Want to maintain agricultural production as the primary land use

A study found that 44% of existing solar development in New York State is on agricultural land and 84% of suitable land for future solar developments is agricultural.(8) Farmers surveyed by the American Farmland Trust largely opposed solar developments on prime farmland.(9) To protect the most productive agricultural land from solar development, communities can implement policies such as:

  • Complete prohibition of solar on prime farmland: Some towns in New York like the Town of Sennett have banned solar developments on prime farmland entirely.(10) Similarly, other municipalities such as the Town of Rochester have established regulations preventing large-scale solar energy systems from being constructed on areas designated as prime farmland by the USDA.(11)
  • Mitigation fees: The American Farmland Trust recommended that instead of banning solar development on prime farmland, policymakers could require that solar developments of sufficient size on prime farmland are charged a per-acre mitigation fee.(12) These mitigation fees could then be expended on farmland preservation efforts.(13)
  • Restriction on development percentages: Communities could adopt development caps similar to New Jersey's approach, which restricts grid-supply solar siting to no more than five percent of prime farmland acres in agricultural development areas.(14) This approach helps prevent any single community from bearing disproportionate impacts.
Legislative Text for Approach 1: Prioritizing Farmland Preservation

Complete Prohibition on Prime Farmland:

  • Town of Sennett, NY: “No Solar Farm shall be installed on Prime Farmland, farmland of statewide importance, farmland of local importance, of unique soils as defined by the US department of Agriculture (USDA), New York State Department of Environmental Conservation, the U.S. Army Corps of Engineers, or local governing body.”(23)
  • Town of Rochester, NY: “Large scale solar energy systems shall not be permitted to be constructed on areas of prime farmland as designated by the USDA.”(24)

Exemptions for Farm Operations:

  • Village of Lyndonville, NY: “Utility-scale solar energy systems are not allowed on Prime Farmland except pursuant to NYS Agricultural and Markets Law which allows agricultural operations in State-certified agricultural districts to install solar energy systems producing up to 110% of the farm's electric load.”(25)

Approach 2: Balancing Solar and Agriculture

For communities seeking to support both renewable energy goals and maintain agricultural production, dual-use approaches can provide an effective compromise. This strategy works well for:

  • Regions with adequate farmland but strong renewable energy mandates
  • Areas where farmers are interested in diversifying income while continuing to farm
  • Communities seeking innovative solutions to land use conflicts

Dual-use strategies include:

  • Co-location projects: Solar projects on farmland with the primary purpose of electricity generation but with features that mitigate negative effects on farmland, such as native vegetation groundcover to reduce erosion. Some towns in New York have passed laws mandating that solar developers take steps to support co-location when developing on farmland.(15) For example, the town of Shawangunk requires appropriate ground cover between solar panel rows and authorizes the planning board to mandate pollinator-friendly vegetation.(16)
  • Agrivoltaics systems: Another form of dual use that prioritizes forage or crop production in addition to energy generation.(17) For example, growing crops or grazing livestock between rows of solar panels are examples of agrivoltaics systems.(18) The American Farmland Trust recommended additional research to explore the compatibility of energy generation and agricultural production through agrivoltaics.(19)
  • Design requirements: Some municipalities have implemented requirements that solar installations be designed to accommodate agricultural activities. For instance, the Town of Red Hook has established provisions that prioritize designs allowing for simultaneous uses such as livestock grazing alongside solar energy generation.(20)
Legislative text for Approach 2: Balancing Solar and Agriculture

Dual Use Policy:

  • Town of Shawangunk, NY: “Non-invasive, native ground cover under and between the rows of solar panels shall be low-maintenance, drought-resistant, non-fertilizer-dependent and, where required by the Planning Board, shall be pollinator-friendly to provide habitat for bees.”(26)
  • Town of Red Hook, NY: “Design of ground-mounted solar energy systems shall favor concurrent use of the land for livestock grazing or similar sustainable use.”(27)

Approach 3: Supporting Farm Viability Through Solar

For communities where agricultural operations are struggling economically, solar development can provide vital supplemental income while preserving the long-term agricultural capacity of the land. This approach is valuable for:

  • Regions with declining farm profitability
  • Areas where farmers are aging and lack succession plans
  • Communities seeking to maintain agricultural infrastructure while providing economic relief to farmers

Key strategies include:

  • On-farm energy use permissions: Many communities recognize the benefit of on-farm solar that primarily serves the farm's own energy needs. For example, the Town of Copake permits small scale solar on farms within agricultural districts if they primarily serve the farm's needs and produce up to 110% of the farm's energy requirements.(21)
  • Construction and decommissioning standards: Some municipalities have implemented strict construction and decommissioning standards to ensure land can return to agricultural use. For instance, the Town of Farmington requires environmental monitoring during decommissioning and prohibits practices that could compromise future agricultural viability, such as burying excess concrete in active agricultural areas.(22) These regulations include specific guidelines for decompaction, regrading, repairing drainage structures, mitigation of topsoil deficiency, and a monitoring period to ensure the land can be farmed in the future.
  • Leasing guidance for landowners: Providing educational resources to help farmers negotiate favorable lease terms that protect their long-term interests, including appropriate decommissioning requirements and protections for surrounding agricultural operations.
Legislative text for Approach 3: Supporting Farm Viability Through Solar

On-Farm Energy Classification:

  • Town of Copake, NY: “A solar energy system located on a farm operation as defined in S301 (11) of NYSDAM law and located in an agricultural district which primarily serves the needs of the farm and produces up to 110% of farm's needs shall be deemed a small-scale solar energy system.”(28)

Decommissioning Requirements:

  • Town of Farmington, NY: “Environmental Monitor shall oversee decommissioning. Excess concrete used in the construction of the site is not to be buried or left on the surface in active agricultural areas.”(29)

Citations

1. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting on Farmland: Achieving Climate Goals While Strengthening the Future for Farming in New York.” American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

2. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland” American Farmland Trust, February  2022, p. 7. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

3. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland” American Farmland Trust, February  2022, p. 16. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

4. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland” American Farmland Trust, February  2022, p.16. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

5. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland” American Farmland Trust, February  2022, p. 16. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

6. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland” American Farmland Trust, February (2022), p. 14. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

7. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland” American Farmland Trust, February  2022, p. 15. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

8. Venktesh V. Katkar et al., “Strategic Land Use Analysis for Solar Energy Development in New York State,” Renewable Energy 173 (August 1, 2021): 861–75, https://doi.org/10.1016/j.renene.2021.03.128.

9. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland” American Farmland Trust, February  2022, p. 21. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

10. “A Local Law to Amend the Zoning Law of the Town of Sennett [Local Law No. 7-20141] to Add a New Article Regulating Solar Power and Energy Svstems in the Town,” Pub. L. No. 7–20141 (2017), https://locallaws.dos.ny.gov/sites/default/files/drop_laws_here/ECMMDIS_appid_DOS20170928060010/Content/09021343801a131a.pdf.

11. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland” American Farmland Trust, February  2022, Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

12. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, "Smart Solar Siting on Farmland: Achieving Climate Goals While Strengthening the Future for Farming in New York," American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

13. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, "Smart Solar Siting on Farmland: Achieving Climate Goals While Strengthening the Future for Farming in New York," American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

14. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, "Smart Solar Siting on Farmland: Achieving Climate Goals While Strengthening the Future for Farming in New York," American Farmland Trust, February 2022, p. 6. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

15. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, "Smart Solar Siting on Farmland: Achieving Climate Goals While Strengthening the Future for Farming in New York," American Farmland Trust, February 2022, p. 22. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

16. “Solar Energy Systems,” Pub. L. No. 1, Town of Shawangunk (2018), https://locallaws.dos.ny.gov/sites/default/files/drop_laws_here/ECMMDIS_appid_DOS20180416060113/Content/09021343801e659f.pdf.

17. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, "Smart Solar Siting on Farmland: Achieving Climate Goals While Strengthening the Future for Farming in New York," American Farmland Trust, February 2022, p. 22. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

18. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, "Smart Solar Siting on Farmland: Achieving Climate Goals While Strengthening the Future for Farming in New York," American Farmland Trust, February 2022, p. 22. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

19. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, "Smart Solar Siting on Farmland: Achieving Climate Goals While Strengthening the Future for Farming in New York," American Farmland Trust, February 2022, p. 22. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

20. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland,” American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

21. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland,” American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

22. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland,” American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

23. “A Local Law to Amend the Zoning Law of the Town of Sennett [Local Law No. 7-20141] to Add a New Article Regulating Solar Power and Energy Svstems in the Town,” Pub. L. No. 7–20141 (2017), https://locallaws.dos.ny.gov/sites/default/files/drop_laws_here/ECMMDIS_appid_DOS20170928060010/Content/09021343801a131a.pdf.

24. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland,” American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

25. “To Add Section 790 to the Zoning Chapter of the Code of the Village of Lyndonville Entitled Solar Energy Systems,” Pub. L. No. 3 (2017), https://locallaws.dos.ny.gov/sites/default/files/drop_laws_here/ECMMDIS_appid_DOS20170915060046/Content/090213438019d136.pdf.

26. “Solar Energy Systems,” Pub. L. No. 1, Town of Shawangunk (2018), https://locallaws.dos.ny.gov/sites/default/files/drop_laws_here/ECMMDIS_appid_DOS20180416060113/Content/09021343801e659f.pdf.

27. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland,” American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.

28. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland,” American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.
29. Samantha Levy, Mikaela Ruiz-Ramón, and Ethan Winter, “Smart Solar Siting Principles and Examples of Land Use Laws That Support Renewable Energy While Protecting Farmland,” American Farmland Trust, February 2022. Retrieved November 21, 2024. https://s30428.pcdn.co/wp-content/uploads/2019/05/AFT-Smart-Solar-Siting-Principles-and-Examples-of-Local-Solar-Laws-that-Protect-Farmland.pdf.