Marion County opens code language to clarify battery energy storage not currently allowed in urban and rural zones

Marion County planning staff on June 11 presented proposed amendments to clarify how county zoning applies to commercial battery energy storage systems (BESS). After a public hearing and staff presentation, the board approved amendments to direct staff to prepare ordinance language clarifying that commercial battery energy storage systems are not allowed in Marion County urban or rural zones at this time.

Brandon Reich, Marion County planning director, told the board that battery systems are novel uses not explicitly referenced in county code and that two existing code provisions (utility facility and power generation facility) do not clearly encompass commercial battery storage. Reich cited potential issues including fire risk, release of gases and chemicals, pollution of air and water, loss of farmland, increased demands on emergency response, and decommissioning challenges. Staff recommended clarifying the code to reflect that such commercial systems are not allowed pending development of standards and criteria.

Reich said the relevant criteria for the hearing included citations to Oregon Revised Statutes 195, 197, 215 and 227, Oregon Administrative Rule (OAR) 660 series, and Marion County Code chapters 16 (urban zone code) and 17 (rural zone code). Commissioners asked staff to confirm whether battery systems exist inside city limits; staff acknowledged there may be facilities within Salem city limits that fall under city jurisdiction. No public testimony was offered at the hearing.

Ending: The board approved the amendments directing staff to draft ordinance language clarifying county zoning treatment of commercial battery energy storage systems. Reich said future code amendments could set development standards (setbacks, fire-suppression, emergency-response plans, decommissioning plans) if the board later chooses to allow such facilities under specific criteria.