Charlotte County supervisors refer battery energy storage rules back to planning commission for more study

2393963 · February 18, 2025

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Summary

The Board of Supervisors voted to send draft regulations on battery energy storage systems back to the planning commission for further review, citing concerns about decommissioning, tiers for smaller systems and fire-safety input from volunteer chiefs.

The Charlotte County Board of Supervisors voted to refer draft regulations for battery energy storage systems (BESS) back to the planning commission for additional study and recommendations.

The planning commission had reviewed draft zoning text amendments prepared after an application from East Point Energy. The commission approved a findings report and a draft regulation by a 7–4 vote but asked the board to allow more time to examine several issues, including decommissioning bonds, tier 1 (smaller-scale) systems near town boundaries and consultation with volunteer fire chiefs about fire risks. The board moved to send those items back to the planning commission for further consideration and the motion passed by voice vote.

The planning commission’s report notes the original applicant withdrew its zoning amendment and the commission requested staff draft regulations that would allow BESS in the zoning ordinance. Commissioners and supervisors expressed particular concern about realistic decommissioning cost estimates because no projects have yet been decommissioned, and about whether landowners should be named co-obligees on decommissioning bonds. Several supervisors urged caution and recommended a site visit to an operating BESS to see current construction and safety measures.

The planning commission also asked staff to reach out to the county’s seven volunteer fire chiefs to determine whether identified fire risks should be addressed by county policy or by project-specific conditions. Options for the board included scheduling a joint work session with the planning commission, referring tier 1 systems back to the commission for separate consideration, or moving forward with the draft amendments as written.

The board gave the planning commission additional review time, directing that the commission return with more detailed recommendations before the board acts. A public hearing will be required before adoption; the board must act by Oct. 17 to meet the statutory review timeline identified in staff materials.

Supervisors emphasized a cautious, deliberate approach and noted the county has roughly seven months before the statutory deadline to continue the work.

The item remains under study; no zoning text amendment was adopted at the meeting.