Saline County sends battery energy storage zoning language back to planning commission after public concerns

Saline County commissioners on April 1 directed staff to return a proposed resolution that would add battery energy storage systems (BESS) to the county zoning code to the planning commission for further review.

The measure would amend chapter 13 to permit BESS in unincorporated Saline County through the conditional use permit process and sets baseline standards including a maximum single-site area of 20 acres adjacent to an electrical substation, setbacks based on NFPA 855 chapter 9, a $1,000,000 general liability requirement and a conditional-use duration tied to a typical 25-year project life. Tim Hamilton, the county planning and zoning administrator, told commissioners that the planning commission recommended approval after public input and that staff supported the resolution as drafted.

The vote to send the resolution back to the planning commission followed more than an hour of public comment. Dozens of residents urged revisions to the draft ordinance, saying the 20-acre limit was excessive and asking for larger setbacks and stronger environmental and safety protections. "Allowing 20 acres of battery development, next to every substation is excessive by any standards," resident Carolyn Sichle said, adding that smaller sites reduce fire and environmental risks. Several speakers cited the recent Moss Landing fire in California as a reason to require larger buffers and mandatory air, soil and water testing after any thermal event.

Hamilton summarized key elements of the draft: caps on site acreage, limits that would prevent BESS on NRCS capability class 1 or 2 soils, setback and buffering requirements tied to NFPA 855 chapter 9 (with the planning commission able to increase setbacks for particular sites), requirements for first-responder training, and a decommissioning plan addressing reclamation and disposal. He said the resolution is primarily procedural — establishing standards and the conditional-use review path — and that specific applications would be reviewed case by case.

Speakers from the public pressed for specific changes: lowering the maximum site size to 10 acres, requiring at least a half-mile setback from homes, schools and wetlands, specifying immediate public notification procedures for extraordinary events, annual owner-funded testing of soil, water and air, and higher liability insurance limits. Several commenters asked that the draft reference the full NFPA 855 standard rather than only chapter 9. The Audubon Society of Kansas warned of risks to insects and birds if adjacent lands are altered.

Commission discussion emphasized that the draft came from a year-long planning process and public input, but that several commissioners agreed the planning commission should reconsider language on acreage, notification, testing, insurance amounts and lighting/visual impacts. A motion to direct staff to pursue alternative 2 — return the draft to the planning commission to address those concerns — passed by voice vote.

The planning and zoning department will receive the commission's direction and may return a revised resolution to the commission for final action. Any future conditional-use application for a BESS would be considered separately, with site-specific conditions and potential additional public hearings.

Votes at a glance: the commission voted to send the proposed zoning amendment back to the planning commission for further consideration; the motion carried on a voice vote after a second.

Context: Planning staff said the draft aims to provide a local review path for BESS while referencing national codes and standards. Multiple residents recommended benchmarking other jurisdictions and noted recent state and federal attention to battery storage safety, including a California bill (Assembly Bill 303) mentioned by a commenter as the Battery Energy Safety and Accountability Act in development after the Moss Landing incident.