In a series of meetings last fall, the Clay Town Board attempted to modify an ordinance to exempt Micron Technology’s construction project from noise regulations. However, they mistakenly referenced a non-existent section of the town law, leading to a situation where the intended changes were not legally enacted. The board now plans to hold a public hearing on February 3rd to rectify this error and properly address the noise concerns related to Micron's construction. Additionally, the board had voted to change another ordinance regarding permissible noise levels and hours in industrial districts, which was done correctly. Micron intends to build up to four fabrication plants for producing computer memory chips, with construction expected to begin later this year.

Erroneous Legislative Action Requires Reassessment

The Clay Town Board faced a significant setback when it realized that the section of the town law they aimed to amend did not exist. This oversight has invalidated their previous attempts to exempt Micron Technology’s construction activities from local noise ordinances. The board must now revisit the issue and follow the correct legal procedures to achieve their goal. This includes holding a public hearing to gather input from residents and stakeholders before proceeding with any legislative changes.

During the initial meetings in October and November, the board repeatedly referred to section 154-4 H, unaware that this section did not exist within the town codes. Instead, the relevant section should have been 152-2. The misidentification of the law means that the changes made by the board are not legally binding. To correct this mistake, the board has scheduled a new public hearing for early February. The agenda notes acknowledge the error and outline the steps required to pass Local Law No. 1 of the Year 2025. Supervisor Damian Ulatowski and town attorney Robert Germain have not commented further on the matter, despite multiple attempts to reach them for clarification.

Construction Plans Amid Regulatory Uncertainty

Despite the legal hiccup, Micron Technology remains committed to its ambitious construction plans in Clay. The company aims to develop a complex of up to four fabrication plants to manufacture millions of computer memory chips. These chips are essential components in various technologies, including smartphones, vehicles, data servers, and artificial intelligence applications. The construction is slated to commence later this year, potentially benefiting from substantial taxpayer subsidies to support the development of the first two facilities.

At a public hearing held in November, the town attorney highlighted potential noise issues arising from Micron’s construction activities. Exempting the project from the noise ordinance was proposed as a solution to mitigate anticipated problems during the construction phase. However, the attorney did not provide specifics on what these noise-related challenges might entail. The board members did not raise any questions or comments during the hearing, and the approval process proceeded without discussion. Micron’s attorneys reportedly requested the change, though the company has not confirmed this detail. As the board prepares to address the legal discrepancies, the community awaits further developments on how the construction will proceed under the revised regulations.