Planning Commission approves battery energy storage use in Lincoln zoning regulations

On June 11, 2025, the Lincoln-Lancaster County Planning Commission convened to discuss a significant amendment to the Lincoln Municipal Code regarding battery energy storage systems (BESS). This proposed amendment aims to define BESS as a distinct land use, establishing specific conditions for its implementation in various zoning districts.

The proposal, presented by George Wesselhaw from the planning department, seeks to categorize BESS as a conditional use in agricultural (AG), public (P), industrial (I), and heavy (H) zoning districts. Key conditions include proximity to substations, size limitations of 25 acres, and a maximum height of 20 feet. Additionally, a decommissioning and emergency response plan would be required for these systems.

Wesselhaw emphasized that BESS is a relatively new land use type, emerging from advancements in the electrical energy sector. He noted that while public utilities like Lincoln Electric System (LES) are exempt from zoning regulations, private entities would need to adhere to the proposed conditions. The structures associated with BESS are typically low-profile, resembling shipping containers, and can occupy multiple acres.

The discussion highlighted concerns regarding the appropriateness of allowing BESS as a conditional use in AG districts. Some commissioners expressed that landowners in these areas might not expect such developments, which could resemble storage facilities rather than agricultural uses. The planning department recommended a special permit process for AG districts to ensure public input and address potential community concerns.

The applicant, represented by David Levy and Justin Adams from Eolian Energy, argued for the conditional use designation, asserting that BESS would not significantly alter the existing land use, especially when located near substations. They emphasized the safety and regulatory standards governing battery systems, which have proven effective in stabilizing the electrical grid.

After extensive deliberation, the commission ultimately voted to approve the planning department's alternative proposal, which requires a special permit for BESS in AG districts while allowing conditional use in other zones. This decision reflects a cautious approach, prioritizing community engagement and safety while accommodating the growing demand for renewable energy solutions.

The approval marks a significant step in adapting local regulations to emerging technologies in energy storage, with the potential for future amendments as the community gains experience with these systems. The planning commission's decision underscores the importance of balancing innovation with public interest, setting a precedent for how similar developments may be handled in the future.