At its July 1, 2025 meeting the Washington County Planning Agency reviewed three related Town of Easton referrals: a proposed site‑plan review law for renewable energy (draft site plan review law 04/2025), a battery energy storage local law (03/2025) and a renewable energy facilities law (02/2025). Agency members raised concerns about enforcement language, criminal versus civil classifications, identification of the liable party and the need to include decommissioning requirements.

Staff called out internal inconsistencies in the draft enforcement provisions, where a section labeled a ‘‘violation’’ also includes language of up to six months’ imprisonment, which could make the provision a misdemeanor under state law. Staff noted that typical land‑use enforcement is civil (penalties and injunctive relief) and that draft language mixing civil monetary fines and criminal sentences could be unenforceable or invite legal challenge. The draft battery law was also described in the meeting as containing a very large fine ($20,000,000 as drafted), which staff flagged for review.

Board members also discussed who would be the legally responsible party for compliance: the developer that builds a project or the operator that manages it. Several members recommended adding definitions that distinguish owners, developers and operators so the town can identify who is liable for violations or for carrying out decommissioning.

Separately, the agency reviewed the renewable energy facilities draft that caps total developed acreage at 1.5 percent of a town’s land area (the draft text described a cap of "1 and a half percent"). Several members said the cap is a policy choice the town may make but asked staff to confirm how the cap is calculated and which parcels are included.

Action: The agency recorded “concern with comment” actions on the draft site‑plan and battery laws and directed staff to recommend that the town revise section 4(c) for enforceability and consistency. The agency also classified the renewable facilities draft as a matter of local concern and noted the acreage cap for the record. Motions carried by voice vote.

The agency’s comments are advisory; final adoption decisions rest with the Town of Easton.