New York State Energy Office
Letter of Support

New York State Energy Office
Francis J. Murray, Jr., Commissioner
February 12, 1993

The Governor has asked me to thank you for your recent letter concerning the operation of your windmill. I appreciate the effort you are taking to be ecologically and energy efficient. Your operation really does sound exciting.

Solar, wind turbine and other types of electricity generating facilities using renewable sources of energy are given preferential treatment in Article 21 of the Energy Law (a copy of which is enclosed) in recognition of their many benefits. No state or municipal government, for instance, may impose any conditions on the construction or operation of these facilities with a few exceptions. One of the exceptions allows a Town, or other municipality, to require a permit or impose another condition with regard to the construction or operation of these facilities, if necessary to comply with local zoning or building laws. Thus, for instance, building permits may be required before these facilities can be erected.

The Energy Office does not believe, however, that zoning laws may be used in a way that discriminates against owners of these facilities. For instance, if noise is a problem, a zoning ordinance that prohibits noise making machinery from being operated at night may apply to these facilities. However, my Counsel's staff advises me that a zoning-ordinance that would allow noise of a certain decibel level from another type of machinery, but not from a wind turbine, on no other reasonable grounds, may be discriminatory and in conflict with this Energy Law provision.

It appears from the news article that you enclosed that you have retained counsel to assist you in connection with your dispute with the Town of Webster. We would be very interested in being informed of the resolution of the matter.

If you have any other questions, please do not hesitate to call my Deputy Counsel, Mollie Lampi at (518) 473-4252.

Sincerely,
Francis J. Murray, Jr.
Commissioner
TWO ROCKEFELLER PLAZA
ALBANY, NEW YORK 12223