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Harvey County directs review and imposes moratorium on unincorporated battery energy storage systems

July 08, 2025 | Harvey County, Kansas


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Harvey County directs review and imposes moratorium on unincorporated battery energy storage systems
The Harvey County Board of Commissioners on July 8 directed the county planning and zoning commission to review regulations governing energy creation and storage in unincorporated Harvey County and adopted a moratorium on new facilities, including battery energy storage systems, effective immediately and until Jan. 1, 2028, subject to staff review.

The move followed public comments from Halstead residents and a presentation from Karen Rosie, director of Harvey County Planning and Zoning, who said rapid change in battery energy storage technology and local concerns about environmental risks and zoning gaps warrant a pause. "I am asking for a moratorium until January, so that my planning commission has time to look it over, do some research," Rosie said.

Resident Kevin Henderson told the commission that 252 Halstead residents had signed a petition under Kansas statute KSA 12-3013 seeking a city ordinance and asked county officials to return the petition to the Halstead city clerk for validation. "Since the county publicly stated on April 29 that the battery energy storage system issue in Halstead is a city issue and not a county issue,... I would like to publicly and politely request that the Harvey County officials return the... signatures to the Halstead city clerk for validation as required by KSA 12-3013," Henderson said.

Another resident who spoke during public comment cited out‑of‑state examples of community resistance and an overseas battery recycling fire to underscore safety concerns; that speaker urged the commission to consider a ban while local rules are drafted.

County Counselor Brad (county counselor) reviewed the proposed moratorium wording with commissioners and advised broadening the text to reduce legal exposure. He recommended language covering "including but not limited to storage, production, generation, distribution, and related activities" so the moratorium would not be evaded by narrowly framed permit applications. The commissioners approved a directive for the planning and zoning commission to study the issue and then voted to adopt Resolution 25-20 enacting the moratorium "subject to staff review." Both motions passed with aye votes.

The moratorium applies only to unincorporated Harvey County; city jurisdictions retain home‑rule authority and are not covered. Planning and zoning will review the county comprehensive plan and existing regulations and may return recommended ordinance or regulatory language to the commission. The county attorney noted the moratorium can be extended or shortened by future resolution as the review proceeds.

Commissioners said the pause is intended to allow staff and the planning commission to draft enforceable rules that address rapidly changing technologies and to protect county resources such as groundwater in sensitive areas. No immediate ban within city limits was enacted by the county; the commission did not take separate formal action on the Halstead petition during the meeting.

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