Battery storage rules: New York
The 2025 Uniform Code, including the 2025 Fire Code of New York State, applies to building permit applications from December 31, 2025, everywhere in the state except New York City, with no local adoption needed; local code officials enforce it (where a municipality opts out, the county, and then the Department of State if the county also opts out). New York adds its own energy storage requirements to the model fire code. Siting of standalone storage is decided by local zoning; the state siting office (ORES) covers storage only when it is co-located with, and stores energy from, a renewable generator of 25 MW or more. New York City keeps its own building and fire codes; ask the FDNY and the Department of Buildings there.
No statewide pause; some towns have paused or written rules
There is no statewide moratorium. Some towns have adopted temporary moratoriums or their own battery storage laws, and they change often; ask your municipality what is in effect now. Town records, e.g. Cortlandt Local Law 1 of 2026; St. Armand Local Law 1 of 2026
Fire and building codes in force
- 2025 Fire Code of New York State, part of the 2025 Uniform Code (adopted July 25, 2025; amended December 5, 2025; effective December 31, 2025)
- Systems above the code's maximum allowable quantity (600 kWh for lithium-ion, flow and sodium nickel chloride; 200 kWh for other technologies; none for lead-acid or nickel types): an owner-retained engineering peer review, continuous monitoring at an attended station, video monitoring, and a third-party fire safety inspection at least every 3 years (FCNYS §§1207.12, 1207.3.4.1, 1207.4.9.1, 1207.14)
- Every system §1207 covers, other than homes: a pre-incident plan made with the local fire department, an annual site visit for that department, and hazard support personnel who dispatch within 15 minutes and arrive within 4 hours after a fire or other event damages the system (FCNYS §§1207.13, 1207.13.1, 1207.1.8.1)
- A stricter local construction or fire rule takes effect only once the State Fire Prevention and Building Code Council approves it (Executive Law §379)
- New York City keeps its own building and fire codes (Executive Law §383)
How a project is permitted
Standalone storage: local zoning (town, village or city) plus a building permit under the Uniform Code from the local code enforcement office. Storage co-located with, and storing energy from, a renewable generator of 25 MW or more goes through the state Office of Renewable Energy Siting (Public Service Law §137(4)). NYSERDA's Battery Energy Storage System Guidebook (February 2026) offers a model law and permit; it is advisory, and its model law leaves setbacks for larger systems to the zoning district. Ask your town whether its zoning addresses battery storage and whether a moratorium is in effect.
Setbacks and spacing
- Outdoor systems at least 10 ft from lot lines, public ways, buildings and other exposures, reducible to 3 ft with a fire barrier, a 2-hour wall or a tested noncombustible enclosure Fire / building code FCNYS 2025 §1207.8.3
- NYSERDA's model law (advisory): systems over 600 kWh follow the setbacks of the underlying zoning district Local ordinance NYSERDA BESS Guidebook, Model Law (February 2026)
- Proposed: at least 750 ft from residences and other listed uses for systems over 3 MW (S7197-B / A6955-C, in committee) Proposed (not adopted) nyassembly.gov, S7197-B (amended Feb 11, 2026) / A6955-C (amended Feb 9, 2026)
Legislation
- S5506 / A8378: state permitting for large energy storage (pending): Would authorize state (ORES) permitting of energy storage of 25 MW or more connected to the grid, outside cities of one million or more. Referred to committee January 7, 2026. nyassembly.gov bill status
- S7197-B / A6955-C: 750 ft setback (pending): Would require 750 ft setbacks for systems over 3 MW. Amended and recommitted to committee February 2026. nyassembly.gov bill status
- A8328: battery storage on Long Island (pending): Held for consideration in the Assembly local governments committee, May 18, 2026. nyassembly.gov bill status
Storage in this place
- EIA Form 860M (September 2026): 270.7 MW of battery storage operating in New York and 783.7 MW planned (EIA covers plants of 1 MW or more).
- The Public Service Commission set a goal of 6 GW of energy storage by 2030 (order of June 20, 2024). The goal counts all storage, so it isn't comparable to the EIA figures above.
Places within
- Town of Cortlandt (Westchester County), NY — moratorium on new battery storage through December 31, 2026
- Town of St. Armand (Essex County), NY — moratorium (March 2026) and a utility-scale ban adopted June 2026
Sources
- NY Department of State — Notice of Adoption, 2025 Uniform Code NY Department of State
- 2025 Fire Code of New York State — Section 1207, Electrical Energy Storage Systems NYS DOS / ICC (posted by Cayuga County)
- NYSERDA — Battery Energy Storage System Guidebook (model law, model permit, fire safety and peer review resources) NYSERDA
- NYSERDA — Inter-Agency Fire Safety Working Group NYSERDA
- PSC order setting the 6 GW energy storage goal (June 20, 2024) NY Public Service Commission
- Office of Renewable Energy Siting (ORES) NY Department of Public Service
Check a specific system
For a proposal or a system you're evaluating, answer a few questions in BESScheck: you get the rules that apply here, a checklist of what to ask, and the sources behind each line.