Fauquier supervisors adopt zoning rules for battery energy storage, 5-0 vote

The Fauquier County Board of Supervisors voted 5-0 on April 10 to adopt a zoning ordinance text amendment establishing rules and special‑use approval criteria for battery energy storage systems (BESS).

The ordinance creates a two‑tier approach that treats smaller, site‑specific systems differently from utility‑scale facilities and adds construction, operational and safety standards including a 15‑foot maximum enclosure height, a minimum six‑foot perimeter fence with a 50‑foot landscape strip, setbacks from property lines and sensitive resources, underground utilities where new lines are required, and an emergency response plan approved annually by Fauquier County Fire & Rescue.

Planning staff told the board the amendment was drafted after work sessions, a public hearing and consultation with industry guidance and other jurisdictions. Miss Marshall, Planning Department staff, said the planning commission considered industry standards and recommended a tiered definition consistent with national guidance. The ordinance sets 600 kilowatt‑hours (kWh) as the threshold between the tiers: Tier 1 systems (≤600 kWh) are permitted as accessory uses by right in most zoning districts; Tier 2 systems (>600 kWh) are subject to special‑use approval and are limited to certain industrial and utility districts under the adopted text.

Supporters at the public hearing argued the rules balance safety and local needs. Dylan Taylor, a representative of Energy Right, said, “Battery storage is more than technological upgrade. It's an investment in the long term health, safety, and sustainability of your community.” Chris Meyer, representing Eastpoint Energy, said the proposed fire‑safety codes and requirements “do adequately address the need to design the projects to reduce the chance of a fire incident in the first place and if for the very unlikely probability that 1 would occur, such a fire would be contained in a manner that protects any and all neighbors human health and property.”

Board members discussed gaps in the draft related to non‑utility facilities that might require more than 600 kWh but serve a single user, such as schools or community centers. Staff said an alternate definition uploaded before the meeting would allow systems that serve a single user to be treated differently than multi‑user utility projects; supervisors agreed the county can return to amend the ordinance if needed when specific proposals arise. The planning commission recommended the ordinance unanimously after public comment and industry input, staff said during the hearing.

The vote to adopt the text amendment carried 5‑0. The county noted one application for a proposed utility‑scale facility had been filed and then withdrawn prior to the meeting; that application was not approved at this hearing.

The ordinance requires operators to follow applicable building, electrical and fire codes and to submit an emergency response plan to Fauquier County Fire & Rescue that must be updated and reapproved annually. It also requires notice to the zoning administrator within 30 days of any change in ownership or operation of a facility. County staff said additional refinements can be made through later text amendments if case‑specific needs arise.