New York (NY) and Pennsylvania (PA) share many similarities, including large population centers along the coast, rich American history, working-class rural areas, and vibrant farming communities. Additionally, both states handle zoning and permitting for community solar projects at the township level, a distinction shared by only two other states, Maine and Michigan (NY, PA, ME, MI). This means that developers must navigate numerous local jurisdictions, each with its own set of regulations and requirements.

However, when it comes to solar energy adoption, the two states are at very different stages. NY boasts a thriving community solar program and a mature solar market. In contrast, PA is just on the verge of implementing its first community solar program. According to the Solar Energy Industries Association (SEIA), NY has more than 2x installed solar capacity than PA. As Paces began building and analyzing a township-level zoning ordinances and solar laws database, we were curious — does this same discrepancy show up in permitting data?

The Challenge of Township-Level Zoning

To build solar in any jurisdiction, developers must determine whether the community has a zoning ordinance, whether the ordinance mentions solar, if there are specific local laws for solar, wind, or battery energy storage (BESS), and whether these laws supersede the zoning code. Additionally, it's essential to identify if there is a zoning map and understand how the ordinance may reference various districts and overlays. This adds up to a lot of upfront research and analysis.

Because NY and PA zoning is at the township level rather than the county or municipality, there are more jurisdictions to contend with than in other states. For example, PA has 67 counties but over 2,000 townships.

Generally, the level of detail and availability of regulations within townships is expected to correlate with the prevalence of solar installations. With PA considered more of an emerging market than NY's mature market, we expected NY ordinances to provide more information on zoning and solar development than PA.

Dataset Coverage and Sample Selection

For NY, the Paces platform has nearly 100% coverage for ordinances, maps, and local solar laws. We are currently building and analyzing a similar dataset for PA. While NY has 62 counties and PA has 67, PA has more than twice as many townships as NY. This translates to a large number of local jurisdictions to contact, research, and analyze.

To conduct a deeper dive, we selected a sample of 5 counties from each state. The NY sample includes 129 townships, while the PA sample includes 174. By adding two more counties to the NY sample, we have a comparable dataset of 170 and 174 townships, respectively.

Analyzing the Prevalence of Zoning Maps

First, let's compare the prevalence of zoning maps. Zoning maps are crucial tools for developers, as they provide a geospatial representation of how an authority handles land development, including specific zones that might be more favorable for solar installations.

The image above clearly shows that zoning maps are more prevalent in NY. Many townships in PA have minimal information on their websites, and town code enforcement officers are often unresponsive to inquiries. This lack of information poses significant challenges for developers.

Comparing Zoning Ordinances

Next, we examine the prevalence of zoning ordinances. These documents provide comprehensive details about land use, permitted activities, environmental protections, permitting processes, and more.

Again, the trend holds: PA townships are less likely to have a zoning map and a zoning ordinance than NY. Notably, many more PA townships defer to the county or outsource permitting and zoning rather than establishing and enforcing their own processes.

Specific Local Laws for Solar, Wind, and BESS

The ultimate test of how specific local regulations are is the presence of local laws for solar, wind, or Battery Energy Storage Systems (BESS). These laws indicate that township representatives have taken the time to draft specific regulations, which could either streamline development or create additional hurdles.

Clearly, NY is more specific in its regulations. About 40% of NY townships in the sample have a specific local solar law that supersedes the general zoning ordinance, compared to about 5% in PA. Additionally, NY is more responsive to newer types of green infrastructure development, with almost 10% of townships in the sample having a BESS law. By contrast, none in the PA sample do yet.

Conclusion

Developers face more uncertainty in PA compared to NY. The stark difference between the two states is due to more than their stages of solar development; cultural differences, levels of state involvement, and resource availability also play significant roles. For example, many solar-specific laws in NY follow NYSERDA’s guidelines and model ordinances, whereas PA has no analogous entity. Yet more information is not always a sign of more solar-positive communities. While more specific regulations can be beneficial by providing clarity upfront, they can also include moratoriums that temporarily ban development. Our NY sample found 14 active moratoriums, highlighting the complex regulatory landscape developers must navigate.

As development activity presumably increases in PA, where will regulations develop more quickly or slowly, and what will the implications be for the speed and cost of development?

Paces will continue to monitor how ordinances and local laws evolve in PA as developers navigate the permitting process and begin further analyzing how restrictive the new laws are.

Are you interested in exploring Permitting Predictor? Book a demo to talk to our team.

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