Fauquier planning commission forwards battery storage zoning amendment after narrowing setback language

The Fauquier County Planning Commission on Thursday voted to forward a draft zoning ordinance text amendment on battery energy storage systems to the Board of Supervisors, amending one provision so the 100-foot exterior setback applies only to battery enclosures, not to smaller operations or telecom boxes placed inside a secured fence.

The draft ordinance would establish a tiered definition for battery energy storage systems (BESS): Tier 1 systems under 600 kilowatt‑hours would be permitted by right in all zoning districts as site‑specific supplemental power supplies, while Tier 2 systems of 600 kilowatt‑hours or greater would be treated as utility‑scale and allowed only by special exception in agricultural, industrial park, industrial general and business park districts after a comprehensive plan compliance review. Staff also proposed numerical setbacks of 150 feet from existing residential dwellings, 500 feet from properties with public facilities and 1,000 feet from rights‑of‑way identified as corridors of statewide significance, along with operational and safety standards and a shortened change‑of‑ownership notification period of 30 days.

Planning staff presented the draft ordinance, noting work sessions earlier this year and that staff reviewed other jurisdictions’ ordinances, industry guidance and the county’s requirements for utility‑scale solar in drafting the text. Ms. Marshall, planning staff, said the ordinance includes construction, operation and maintenance standards, an updated emergency response plan requirement and the tiered approach to capacity and technology.

Industry and private proponents who spoke during the public hearing said some parts of the draft could unintentionally shrink workable project footprints. Ron Hart, senior business development manager for Dominion Energy, told the commission that small operations and maintenance (O&M) “connex” boxes — commonly about 8 by 20 feet and typically sited near the fence line — are often placed closer than 100 feet to the property line and that applying an interior setback to those boxes “would require the entirety of the project, to basically shrink.” He urged the commission not to apply an internal setback to components that are not the battery enclosures themselves.

Blake Cox of Energy Right said he supported the county’s careful approach and called the ordinance “very strong,” praising emergency response language and NFPA references included in the draft. Cox told commissioners the technology can make better use of existing grid infrastructure and help delay construction of new transmission lines.

Commissioners discussed fire department access, turning radii and whether interior O&M or telecom boxes would impede emergency response. The zoning administrator noted that site plan review typically addresses access and turning radii for fire apparatus. Commissioners agreed to remove the phrase “and associated equipment” from the clause that had required a 100‑foot setback for “all battery enclosures and associated equipment,” so the adopted forwarding amendment reads: “All battery enclosures shall be set back a minimum of 100 feet from the project’s fence or wall. This area shall be maintained with gravel or another nonflammable surface. Additionally, there shall be no vegetation inside the fence or wall.”

A commissioner noted that the special exception process would still allow the Board of Supervisors to condition how individual elements are sited on a case‑by‑case basis. The Planning Commission approved the motion to forward the amended resolution to the Board of Supervisors by voice vote; the transcript records the motion and a second and indicates approval by voice, but does not record a roll‑call tally.

The amendment was initiated by the Board of Supervisors in May 2024, and staff said the Planning Commission previously held work sessions on the topic in November and February. The commission’s recommendation will now go to the Board of Supervisors, which will conduct its own review and decision on adopting the zoning amendment.

Votes at a glance: The transcript also records routine procedural voice votes to adopt the meeting agenda and to approve minutes; both motions were approved by voice (counts not specified in the record).