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A few clouds. A stray severe thunderstorm is possible. Low 73F. Winds light and variable.
Updated: July 1, 2026 @ 7:51 pm
Site of the proposed Shepherd’s Run Solar Project in Copake.
Site of the proposed Shepherd’s Run Solar Project in Copake.
COPAKE — The effort to build a large-scale solar farm in Copake, known as Shepherd’s Run, received a major setback from a state judge last week.
Hecate Energy, which received a draft permit to build the 42-megawatt solar farm on 215 acres of land in Copake from the state Office of Renewable Energy Siting (ORES) in November, will need a permit from Copake before construction can begin as several components of the project are in federally designated flood zones, state Department of Public Service Administrative Law Judges Maureen Leary and Dawn McKillop Soller ruled on June 25.
“We find that ORES staff properly exercised its discretion in requiring Hecate to seek local approval from the town,” the judges wrote in the ruling.
Hecate applied for an exemption from Copake’s flood law in January.
In its application for the exemption, Hecate argued that, among other points, Copake’s law is preempted by state law promoting renewable energy construction; the federal program that requires towns limit building in flood plains to receive federal flood insurance is voluntary and does not give the town or ORES authority to limit Hecate’s solar farm; and that the solar farm does not count as a “structure,” so it would not be subject to Copake’s laws, according to the judges’ ruling.
Hecate also cited other renewable energy projects in the state that faced flood-plain permit requirements that state Department of Public Service officials deemed preemptable in light of state law designed to streamline renewable energy construction.
The judges rejected Hecate’s claims, finding that Copake’s flood plain law “is an express requirement of federal and state law” intended to protect public safety by providing federal flood insurance, and that the ORES has the authority to mandate that Hecate comply with Copake’s flood law.
“Hecate misunderstands the gravity of the issue of flood damage and the importance of flood zone protection at the federal, state and local level,” according to the ruling. “It also misreads the statutory framework and objectives underlying Chapter 135”
The judges also found that Copake’s law applies to “any development” within the flood plain, including solar panels, and rejected the examples of preempted flood plain requirements Hecate cited.
“The NFI (national flood insurance) Program cannot be considered a ‘voluntary’ program with mere incentives to participate, as Hecate erroneously asserts,” according to the ruling. “We also are not persuaded by Hecate’s argument that ORES has treated local flood-plain laws differently in other cases.”
The judges found that Hecate did fully prove that its development would not increase flood risk and it did not provide enough details on its plan to reposition the panels horizontally in the event of a flood. Providing more information on both points could help the project comply with Copake’s law, according to the ruling.
The judges found that Hecate’s claims the project did not impact area wetlands was based on “stale data” and required the company to update wetland boundaries.
On the other hand, the judges denied Copake’s request to dismiss Hecate’s application for the project based on the company’s “character and fitness” or the project’s removal from a New York Power Authority plan to meet state renewable energy goals, ruling these did not constitute substantive and significant issues.
The ruling allowed Hecate to build on prime farmland, provided it restore the land to its original condition when the site is decommissioned in 25-30 years, and required Hecate to train and equip local fire departments with resources to deal with a potential fire on the solar farm, a key concern of residents opposed to the project given its proximity to the Taconic Hills Schools.
While the ruling clears the way for a final permit to be issued by October, the wetland and flood-plain permit requirements could mean Hecate will not be able to break ground for months after the permit is issued.
Many Copake officials and residents are against the project. Multiple advocacy groups, including a group of town residents opposed to the project, Sensible Solar for Rural New York, were given the ability to formally submit comments in the project’s record. Sensible Solar member Sara Traberman said the ruling was a mixed bag.
“After years of bringing up major concerns about wetlands, it is gratifying that the ruling found the wetland issues raised by the town of Copake, Craryville Farms, Sensible Solar, and Birch Hill Neighbors Association to be ‘substantive and significant,’” Traberman said. “However, we are disappointed that many other concerns were summarily dismissed, particularly the loss of prime agricultural land, and fire risk to the Taconic Hills Schools”
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