Photo: AdobeStock The Intersection of New York's Public Utility Use Variance Standard and the Climate Leadership and Community Protection Act
A look at the history of the Public Utility Variance Standard and look to how the courts may apply it now that the state has mandated an aggressive response to climate change through the Climate Leadership and Community Protection Act and related laws and regulations.
October 25, 2023 at 10:00 AM
31 minute read
New York courts have long recognized that public utility uses require special consideration when the proposed use is not authorized under the local zoning code, thereby requiring a use variance. Normally, a prohibited use cannot obtain a use variance if the underlying use—often a working farm in the case of renewable energy generation—is legally and financially viable, because the proposal is deemed a self-created hardship.
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