Skagit County commissioners deny appeal, affirm hearing examiner on NextEra battery storage project

The Skagit County Board of Commissioners voted 3-0 on June 17 to deny a closed‑record appeal by Stewards of Skagit and to affirm the Skagit County hearing examiner’s decision granting a special use permit to NextEra Energy Resources Development LLC for a battery energy storage facility in the Bayview Ridge Heavy Industrial area off Ovenell Road.

The resolution, read into the record by the board, found that on the closed record the board was “unable to conclude that the hearing examiner’s decision was clearly erroneous,” and therefore affirmed the hearing examiner’s findings and conclusions rather than remanding the matter for additional proceedings or adopting new findings.

The appeal concerned special use permit PL20-3408 for parcels cited in the record as part of the Bayview Ridge industrial zone. The county’s draft resolution cited applicable provisions of the Skagit County Code (SCC) regarding closed‑record appeals and burden of proof, including the standard that an appellant must show the hearing examiner’s decision was “clearly erroneous” (citing the rule as stated in the record and precedent cited in the resolution).

Commissioners discussed portions of the administrative record before the vote. One commissioner said the record — described during discussion as a multi‑thousand‑page closed record — included fire‑protection analysis, decommissioning plans and mitigation materials. The board’s legal counsel reported a detailed review of the record and concluded the hearing examiner had addressed the fire‑safety concerns raised during the appeal. The motion to adopt the resolution was moved and seconded; the commissioners voted in favor and the clerk was provided an original to sign. The motion carried 3 to 0.

Members of the public used the county’s public‑comment period to urge a different outcome. Bonnie Holmes, identified on the record as a Thurston County resident who said she had been affected by other battery energy storage systems in Washington, said the community “was not allowed to be engaged in this process” and raised concerns about public notice, proprietary documents and nondisclosure agreements. Joan Burns, a county resident, said she lives within five miles of the site and expressed concern for volunteer fire capacity and nearby schools. Celeste Frisbie of Cedar Woolley said residents who live closest to the site had limited notice and urged the commissioners to “take time for consideration of what’s at stake.” Additional commenters raised risks they associated with thermal runaway, chemical contamination and inadequate community outreach.

Under the closed‑record standard the board considered only materials in the administrative record and legal arguments presented in the appeal. The board’s resolution explicitly listed three statutory options for such appeals — deny and affirm the examiner, find the decision clearly erroneous and adopt its own findings, or remand — and explained why the board selected denial and affirmation based on the record.

The commissioners concluded the action was governed by existing land‑use code for the Bayview Ridge heavy industrial zone and that the hearing examiner’s review had included analysis of the concerns raised. The resolution denying the appeal was approved; the clerk indicated an original would be signed. The board adjourned the hearing and returned to other scheduled business.

Outcome and next steps: The board’s action affirms the special use permit approval on the closed record. The decision, as recorded, leaves potential legal remedies available to appellants under applicable law but does not itself create a further county hearing or remand.