Commissioners review county rules after citizen asks about battery storage ban; county administrator cites aquifer protection regulation

A commissioner asked whether Harvey County could explore banning battery storage similar to an installation in Halstead and asked whether the matter should be brought back for further discussion.

County Administrator Shannon responded that the county’s regulations already include a restriction in the aquifer protection rules: "In article 13, ECWISPeds Aquifer Protection District, EBP, there is section 13 o 3 prohibited uses, and that includes storage and primary electrical battery processing and reprocessing." She noted the county’s authority is limited in incorporated cities: "But we don't have jurisdiction over Halsted. Yeah. Cities can still do what they want."

The exchange followed a citizen’s request that the county consider a ban on battery storage countywide. Commissioners and staff discussed whether the issue should go to planning and zoning and asked to have Karen from planning and zoning brief the board on the regulations and whether the county’s current rules apply outside the protection district. One commissioner suggested placing the topic on the next agenda and Shannon said she could do that.

Why it matters: Commissioners were asked to consider local controls on energy storage; staff identified an existing aquifer-protection regulation that would prohibit battery processing within the specified protection district but acknowledged the limitation that county regulations generally do not apply inside city limits. The board directed staff to obtain regulatory language and a planning briefing before any formal policy action.

Details: Shannon described the coverage of the protection area and the source of the rule: "The EquisBeds protection... starts at about West Street probably and runs all the way to the county line. And it encompasses all of Harvey County from that point, from north to south... it came with recommendation from the groundwater management." Commissioners emphasized they needed more information before taking formal steps and asked that planning and zoning (Karen) come to the next meeting to brief the board on what, if anything, the county regulations already prohibit and whether city-level actions (such as Halstead’s) would be affected by county measures.

Ending: Commissioners did not take formal action to adopt or draft a countywide ban. They directed staff to place a briefing by planning and zoning on a future agenda so the board can decide whether further study or a formal proposal is warranted.