Grand Island battery-storage law remains a proposal under review
Grand Island’s proposed battery-storage law remains unresolved after a May hearing, a July 20 public-hearing notice and a referral back to the Planning Board.
Grand Island’s proposed rules for battery energy storage systems remain unresolved. The Town Board has referred the measure back to the Planning Board, and town records do not show that the proposal has been adopted.
The proposal is Local Law Introduction No. 5 of 2025. A Town of Grand Island notice listed an 8 p.m. public hearing for July 20, 2026, to consider possible adoption of the law. The town’s public-notices page continues to list the hearing notice and draft law, but that listing does not establish that the Town Board approved the measure.
What the proposed law would regulate
The draft would create three categories of battery-storage systems. Tier 1 would cover smaller systems. Tier 2 would cover systems used as an accessory use or structure on a property. Tier 3 would cover larger utility- or industrial-grade systems.
The permitting path would vary by tier. Tier 1 systems would generally require a zoning permit, while Tier 2 systems would require site-plan review. Tier 3 systems would require a special-use permit approved by the Town Board after recommendations from the Planning Board, along with site-plan and environmental review.
The draft also proposes review under the State Environmental Quality Review Act, emergency-response and fire-safety plans, screening and fencing plans, emergency-vehicle access, electrical and building-code compliance, noise review, and limits on disturbance of prime farmland and other protected agricultural soils.
Setbacks are a central point of debate
Under the draft, Tier 2 systems generally would need 50-foot side and rear setbacks and could not be located within 200 feet of an occupied residence on an adjacent property.
Tier 3 systems generally would need to be at least 100 feet from a public road, 150 feet from side and rear property lines, and 200 feet from occupied residences and property lines bordering schools, public parks, airports or other public places that could be affected. These are proposed standards, not rules currently in effect.
At a May 2026 hearing, an energy developer and business representatives argued that some restrictions could make projects more difficult to build or discourage investment. The developer advocated changes to certain setback requirements; those requested changes have not been presented as approved amendments.
A town engineer and resident urged stronger protections. Fire-safety and emergency response have also been significant issues. Comments from the Grand Island Fire Company raised concerns about thermal runaway, evaluating individual sites and the operational challenges of responding to battery-storage incidents. Those comments address potential risks and emergency planning; they do not establish that any specific facility is unsafe.
What happens next
Niagara Frontier Publications reported that the Town Board referred the proposal back to the Planning Board after the May hearing so the board could consider public comments in its recommendations to the Town Board.
The next meaningful developments could include a Planning Board recommendation, a revised draft, another public hearing, a Town Board resolution or a formal adoption notice. Until an official record confirms final action, Grand Island’s battery-storage framework remains a proposal under review rather than current zoning law.
Sources
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