Accomack County planning commission backs BESS zoning changes, urges stronger setback and cleanup assurances

The Accomack County Planning Commission voted to recommend that the Board of Supervisors adopt zoning language to regulate battery energy storage systems, while asking the board to tighten language on setback reductions and to consider a bond or other financial assurance to cover cleanup and remediation after a fire or other incident.

Deputy County Administrator Lee Pambitt told commissioners the staff proposal uses a 200-foot setback tied to industry guidance, noting that the NFPA standard "recommends evacuating buildings within a 200 foot diameter of the battery energy storage system." Staff said setbacks would be measured from the property line to concrete pads that hold battery cabinets or inverters rather than to fences or landscaping.

At the public hearing, resident Glenn Smith described a recent multi-day battery-storage fire elsewhere and urged stronger protections. "They monitored hydrogen cyanide gas at the site of 0.5 parts per million," Smith said, and he recommended that the ordinance address who would be responsible for contaminated water and soil testing after a fire.

Commissioners debated whether to allow the Board of Supervisors to reduce the 200-foot setback to no less than 100 feet in limited cases, and what additional safety measures should be required when a reduced setback is proposed. Staff said the conditional-use-permit process and review by the Department of Public Safety would allow the county and the Planning Commission to require additional mitigation measures such as concrete walls, berms, or other protective features.

To address cleanup risk, commissioners asked staff to recommend options including a cleanup bond or other reserves as part of a decommissioning or remediation plan so taxpayers would not be left to pay for cleanup if an operator failed to cover costs. The Planning Commission's recommendation will be forwarded to the Board of Supervisors for final action.

The commission recorded a motion recommending approval with the conditions that the Board of Supervisors (1) clarify setback verbiage so any reduction in setback would require increased risk-mitigation measures and review by the Department of Public Safety and (2) consider a bond or other financial assurance to cover cleanup and remediation costs. The motion passed on a voice vote.