Babylon, citing climate change, regulates indoor agriculture businesses

The Town of Babylon, anticipating an increased appetite for indoor-grown produce because of the effects of climate change, is now requiring that any indoor agricultural business seek a special permit before it can operate in the town.

On Wednesday, the town board unanimously approved special regulations under its zoning laws that govern cultivation and processing for indoor agriculture. 

The legislation states that the town felt the regulations necessary in anticipation of an increasing desire for indoor produce due to the “impacts of rising temperature and climate change on growing seasons, as well as increased demand for access to more localized food sources.”

Officials also cited rising energy and fuel prices, as well as transportation challenges unique to Long Island. 

In addition, the town passed a resolution declaring that the new legislation would not have a “significant adverse impact” on the environment.

The new code aims to protect residents and surrounding land by making sure any possible “detrimental impacts such as odor, energy consumption, lighting, water, and wastewater disposal are adequately accounted for,” the legislation states. The law applies only to commercial operations, not home or community gardens, said Matt Esposito, the town’s senior planner.

While the new legislation covers the cultivation of cannabis, which was legalized for recreational use by the state in 2021, it was not the reason for the new regulations, said Kevin Bonner, the town’s deputy chief of staff.

“We’re not trying to target any one particular crop,” Bonner said. “There has been, separate from the specifics of cannabis, a rise in these types of indoor growing spaces, that not just grow but process.”

Indoor agriculture facilities will now be limited to industrial-zoned areas and cannot be located within a 500-foot radius of lots zoned residential or of another indoor agriculture business. All indoor agriculture businesses must now obtain a special exception use permit from the town’s zoning board of appeals.

Among the types of indoor agriculture covered under the law are hydroponics, aeroponics, aquaponics and vertical farming.

The neighboring towns of Islip and Huntington do not appear to have any specific laws for indoor agriculture. Esposito said in an email that no “specific local code examples” were used to craft the legislation, but rather research and analysis of “various codes and scenarios across the country.”

There have been no recent applications to the town for indoor agriculture businesses, Bonner said. But there could be such businesses operating in the town, he said, since until now, that industry was covered under existing zoning laws.

Aspects specific to these types of businesses — such as lighting and water use — could potentially cause issues, Bonner said.

“We wanted to get ahead of it and have a code in place before these things come up,” he said.

By Denise M. Bonilla

denise.bonilla@newsday.comdenisebonilla

Denise Bonilla has worked at Newsday since 2003 and covers the Town of Babylon, including the villages of Lindenhurst and Amityville.