St. Clair County adopts health-driven rules for solar and battery storage; ordinance takes immediate effect

St. Clair County commissioners voted unanimously to adopt the St. Clair County Solar Energy and Battery Energy Storage Facilities Regulation, a health-department–authored ordinance that sets noise, visual and decommissioning standards for large solar and battery projects, and requested it take effect immediately.

The measure, introduced for final action by county counsel and carried by a motion to approve the resolution, drew hours of public comment earlier in the meeting from residents and health professionals who urged the county to impose stricter protections on projects sited near homes and waterways.

County Health Department Director Liz King and the health department’s researcher, Dr. Nevin, drafted the regulation after public meetings and a departmental review, commissioners said. The ordinance focuses on three areas the health department identified as most likely to affect residents: sound, visual impact and site decommissioning.

"You want a measurement when it's fully operational," County Controller Gary Fletcher told the commission during discussion, explaining the county engaged an independent sound engineer to guard against misleading tests. He said the ordinance requires decibel testing at the property line of nonparticipating properties when systems are running and sets a maximum of 45 decibels at those property lines.

The ordinance also bars tonal noise characteristics that residents and experts testified cause the greatest annoyance, Fletcher said, and requires operators to post bonds or other financial assurances sufficient to fully remove array supports, fencing and foundations if a site is abandoned.

Supporters at the public hearing — including physicians, township planning commissioners and residents living near proposed projects — repeatedly cited anxiety, sleep disruption and property-value concerns. Several speakers asked the board to act quickly; commissioners moved for immediate effectiveness to reduce the risk that developers could claim grandfathered status after breaking ground.

Opponents at public comment argued the health department was exceeding its jurisdiction, raised concerns about duplication with township zoning and warned about regulatory costs and legal challenges. Commissioner discussion acknowledged those legal risks but emphasized the county had framed the ordinance narrowly as a public-health review and minimum standards focused on noise, visual impacts and decommissioning.

In a roll-call vote, every commissioner present voted "yes." The resolution text requests the ordinance be effective immediately so that any new filings or construction begun after adoption must meet the standards.

The ordinance directs the health department to review applications under the new rules and to require monitoring and enforcement steps if developers propose projects that could affect nonparticipating residences. Commissioners also discussed the possibility the department will need additional staff to perform noise monitoring and follow-up inspections as the ordinance is implemented.