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Planning commission to hear battery energy storage siting rules Jan. 14 after staff clarifies compensation, setback and fire-safety language

Accomack County Planning Commission · December 10, 2025
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Summary

Staff told the Accomack Planning Commission it followed state code on optional financial compensation, proposed processing battery energy storage through conditional use permits, and proposed a 200-foot setback with a possible reduction to 100 feet for good cause; the commission set a Jan. 14 public hearing on the ordinance.

Accomack County staff presented revised draft ordinance language for battery energy storage facilities and the Planning Commission voted to schedule a public hearing on Jan. 14 to review updated language.

Staff said the draft follows state law on financial-compensation provisions and that any proposed compensation language would be optional. "Financial compensation is optional where the proposed code indicates that a siting agreement may be included, that may include a financial compensation provision," staff said, adding that the draft language was taken from state code. Staff proposed that siting decisions be processed through a conditional use permit so the planning commission would have an opportunity to review any compensation proposals before the Board of Supervisors reviewed them.

Commission discussion focused on the proposed 200-foot buffer between battery facilities and property lines, a staff-proposed allowance for the Board of Supervisors to reduce that distance to no less than 100 feet for good cause, and the mechanics of measurement. Staff said setbacks would be measured to structures (for example, concrete pads and battery cabinets) rather than to fences and recommended clarifying the ordinance text about which feature defines the setback.

Commissioners suggested requiring an industry-standard professional report to justify any reduced setback and asked who would pay for such a report; staff said it would consult the county attorney and bring language back next month. Staff also proposed a requirement that a wet or dry standpipe fire-suppression system be installed unless waived by the Board of Supervisors for good cause and that the Director of Public Safety (C. Ray Prewitt) or designee must approve such fire measures.

Staff reported two battery-energy projects remain active in county files (one by-right project referred to in the discussion and an application with the name Jupiter Scout Energy) and a third rezoning application was withdrawn. The commission authorized a Jan. 14 public hearing on the battery ordinance to consider the updated language.