Cass County approves ordinance regulating battery energy storage; residents warn of fire, groundwater and notice concerns

The Cass County Commission on Sept. 10 adopted an ordinance amending Cass County Code Chapter 40.40 to create rules for battery energy storage facilities, after residents raised safety, groundwater and notification concerns during public comment.

County staff said the Planning and Zoning Department drafted the regulations because, until now, "we currently don't have any regulations pertaining to battery storage for energy storage." Planning staff told the commission the Planning and Zoning Board recommended approval 6-0 and that there were no current applications for battery storage facilities.

The approval matters because it establishes the county's first local standards for siting and regulating energy storage systems in unincorporated Cass County, where commissioners and staff said the ordinance will apply. The ordinance passed on a 3-0 vote.

Several residents who live in the county's rural unincorporated areas told commissioners they opposed allowing battery facilities near homes and farms. Ed Stamps said he found the public-notice method—he discovered a stapled notice on a fence post—unsatisfactory and said he had concerns about a proliferation of lithium batteries. "It smells funny to me," Stamps said. He asked the county to consider whether permitting batteries scattered around rural yards was wise.

David Tucker, who identified himself as a neighbor in the county's rural area, said he worried about fires and contamination getting into groundwater. "These lithium batteries do catch on fire. You see it all the time on TV," Tucker said, adding concern about effects on cattle and wells in hilly areas.

Other commenters asked whether applicants had submitted updated civil-engineering reports; staff said they were not aware of additional materials filed by applicants since the last meetings. Commissioner remarks and staff comments indicated the ordinance targets unincorporated county land and does not override incorporated cities' zoning; one example discussed was that the City of Belton handles its own zoning.

As part of ongoing land-use review, the commission set a public meeting date to consider two related land applications (3142 and 3143). The hearing is scheduled for Oct. 2 at 6 p.m. at the Cass County Justice Center; the county said it will publish notice in the newspaper, post on the county website and notify property owners within the required range.

The ordinance text and the Planning Board report were described in the staff packet; staff summarized that the change was prompted by inquiries but that, at the time of the Sept. 10 meeting, no battery-storage facility permits had been filed. The commission closed public comment before taking the vote.

Next steps: the Oct. 2 public meeting will allow additional public testimony and staff presentation of the application materials for the two land-use filings noted by county staff. The ordinance is now part of Cass County Code Chapter 40.40 and will be applied to future permit reviews in unincorporated areas.