Kenosha County board adopts ordinance setting conditional use rules and decommissioning requirements for on-site battery energy storage systems

The Kenosha County Board approved Ordinance 13 on second reading to amend the county zoning code to add on-site battery energy storage systems as a conditional use, with newly adopted amendments requiring clearer operator responsibility and a 12-month timeline for site restoration after operations cease.

Supervisor Brown moved the ordinance and Supervisor Brookhouse seconded. Supervisor Morrissey proposed two amendments — clarifying that responsibility for equipment and performance obligations rests with the developer/owner/operator, and adding: "The site is to be restored to its pre-construction condition to the maximum extent possible within 12 months of ceasing operations." The amendment was seconded and discussed. Planner Andy M. Bueller told the board applicants must submit a decommissioning plan as part of the conditional use permit submittal and that the change adds a 12-month time limit for removal of equipment and containers.

The ordinance applies to on-site systems over 5 megawatts and under utility-scale thresholds; Bueller cited a notional lifespan of about 20 years for such systems and offered examples including retail sites that may install on-site backup battery storage. After discussion, the clerk announced Ordinance 13 passed unanimously.

Safety concerns were raised during debate: Supervisor Stocker stated, "These batteries will catch fire. It's not a matter of if. It's a matter of when," and asked that that risk be part of the record. County staff said applicants will be required to include decommissioning plans for approval under the conditional use permit process.

The ordinance and the adopted amendments set permitting conditions, require procedure-level review of decommissioning plans, and establish a 12-month restoration timeline after operations cease.