COPAKE – A state administrative judge has ruled that the proposed Shepherd’s Run solar project must clear additional regulatory hurdles before construction can begin, including obtaining a local floodplain permit and updating wetlands studies.
In a 225-page ruling, Judge Maureen Leary of the New York State Department of Public Service denied developer Hecate Energy’s request to waive the Town of Copake’s floodplain permitting requirements. Part of the proposed 215-acre solar project is located within a 100-year floodplain.
Leary also found deficiencies in the project’s wetlands analysis, ruling that Hecate relied on outdated wetlands delineations from 2019 and 2020. She ordered the company to conduct new field studies and determine whether any wetlands qualify as “wetlands of unusual importance,” which could require revisions to the project.
The ruling states that the application failed to demonstrate compliance with state wetlands laws and regulations.
The Office of Renewable Energy Siting, which oversees permitting for large renewable energy projects and has authority to override some local laws, must issue a final decision on the application by the statutory deadline of Oct. 8. Even if a permit is granted, Hecate must satisfy several post-permit conditions before construction can begin.
Opponents welcomed the ruling.
“After years of bringing up major concerns about wetlands, it is gratifying that the ruling found the wetland issues raised by the Town of Copake, Craryville Farms, Sensible Solar and Birch Hill Neighbors Association to be substantive and significant,” said Sara Traberman of Sensible Solar for Rural New York. She said the group remains opposed to the project, citing concerns over farmland preservation and potential fire risks.
The project has drawn opposition from several elected officials. Republican gubernatorial candidate Bruce Blakeman has said he would cancel the project if elected.
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