The Washington County Planning Agency on July 1, 2025 reviewed a referral from the Town of Whitehall proposing Local Law No. 1 of 2025, an amendment to Local Law No. 7 of 1990 to add regulations for solar, wind and battery storage projects. Agency staff said the draft needs clearer decommissioning requirements, consistent terms and an option for municipalities to require escrow or other financial security from applicants.

The Planning Agency’s staff raised three recurring concerns: clearer definitions (for example, who is the responsible party for long‑term operation and decommissioning), an explicit decommissioning plan requirement and a mechanism for an escrow or other fund to pay for removal or remediation if a project is abandoned. A staff member also recommended verifying that the amendment does not inadvertently remove existing protections in the current site‑plan review code by using inconsistent section/article terminology.

Board members discussed enforcement and penalties in the draft, noting a potential mismatch between civil fines and escalating enforcement language. Several members warned that relatively small fines or unclear enforcement authority could leave the municipality exposed to the cost of removing equipment rather than the property owner.

Action: The agency voted to classify the referral as a matter of local concern and to transmit the referral back with the agency’s comments asking Whitehall to add (1) a clear decommissioning plan requirement, (2) definitions that identify the liable party (developer versus operator) and (3) an option to require escrow or other financial security. The motion carried.

The agency’s comments are advisory: local adoption decisions remain with the Town of Whitehall and the county recommendation does not change that local authority. The agency asked staff to return any revised language for further review if Whitehall updates the draft.