Battery storage rules: Town of Cortlandt (Westchester County), NY
The Town of Cortlandt has paused new battery storage since 2024. Local Law 1 of 2026, adopted July 21, 2026, extends the moratorium through December 31, 2026, unless the Town ends it sooner. A committee has drafted a battery storage law, and the Town Board chose to allow the State to issue additional guidance. Ask the Town for its current status.
Cortlandt: moratorium on new battery storage through December 31, 2026
Local Law 1 of 2026 (adopted July 21, 2026, Resolution 168-26) extends the Town's moratorium on new battery storage through December 31, 2026, unless terminated earlier. A committee has drafted a battery storage law, and the Board chose to allow the State to issue additional guidance. The pause began with Local Law 2 of 2024. Town of Cortlandt Local Law 1 of 2026 (Resolution 168-26)
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.
Sources
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.