Solar farm seeks exemption from Copake’s floodplain code

COPAKE — Hecate Energy LLC, the Chicago-based solar developer, is seeking an exemption from the town’s Floodplain Code, claiming that the 42-megawatt project is not located in a ‘floodway.’

The issue now is before an administrative law judge to decide if Hecate will need to seek a floodplain development permit from the town to proceed with its project.

Last month, the town’s attorney argued in a filing with the state that Hecate’s request should be denied.

In January, the state held four in-person hearings in Copake and two virtual hearings that aired public concern and support for the project, which has been debated since 2017 when it was first raised.

The hearings were attended by approximately 100 people and most of the testimony was opposed to Shepherd’s Run, the name of the more than 200-acre proposed solar farm near the intersection of Route 7 and 23 in Craryville.

State legislators and local public officials, as well as 10 town supervisors — including Copake Town Supervisor Richard Wolf — and the chair of the Columbia County Board of Supervisors, lined up in opposition to the project. Many argued that Home Rule should be followed, allowing Copake to make the decision to build or not, not New York State.

Sensible Solar for Rural New York, a citizen group, issued a statement on Hecate’s request to be exempt from the local Floodplain Code: “If granted, not only could flood risks increase, but the Town’s participation in the federal Flood Insurance Program would be jeopardized, and the entire town would potentially be unable to get flood insurance,” says Sara Traberman of Sensible Solar.

The Town of Copake, in a brief filed with the state, argued that the town Floodplain Code is a federal requirement, and as such cannot be preempted by a state agency.

New York State Public Service Commission Adjudicatory Law Judge Maureen Leary, who conducted the January public hearings, is currently reviewing Hecate’s petition to be exempted from the town’s code.