Marion County Commission narrows moratorium language, agrees on one-year term after battery and data center briefing

Marion County Commission · February 9, 2026

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Summary

After a presentation from a regional electric cooperative, the Marion County Commission agreed on a one-year moratorium framework to allow planning and zoning to draft rules on data centers, battery storage and major renewable projects; staff will refine language and consider targeted exemptions for regulated utilities.

The Marion County Commission agreed on a one-year initial moratorium framework Wednesday to give staff and planning and zoning time to draft rules for data centers, battery energy storage systems and large renewable projects.

The move followed a presentation by Chuck Gakel, general manager of White House Rural Electric Cooperative, and representatives from Flint Hills, who urged the commission to limit the moratorium’s scope so that regulated utilities or small fiber-related facilities would not be unintentionally blocked. Gakel described battery units the cooperative would consider for load management as roughly "the size of a small flat‑bed truck" and urged exemptions for systems owned or operated by regulated electric utilities and rural electric cooperatives used for local load management and grid reliability.

Commissioners debated safety, local impacts and legal defensibility. Flint Hills representatives described typical deployed systems as having roughly 1–2 megawatts of discharge capacity and a storage profile designed to manage peak demand; they noted leasing options and said a summer peak can represent about "a $100,000 expense to us per megawatt" in their estimates. Commissioners asked about fire training, highway safety for moving units, whether units would be on wheels or skidded into permanent sites, and how conditional‑use permitting should apply.

Supporters of the moratorium argued a pause was needed so planning and zoning can draft specific rules—potentially using size, power or geographic overlays to make the policy defensible—while opponents warned that an overly broad moratorium could block small businesses or fiber/head‑end installations that enable rural broadband. Flint Hills recommended a short, modifiable term (90 days to one year was discussed) and urged carve‑outs for small systems; after discussion the commission expressed consensus for a one‑year term with the ability to amend or narrow language.

The commission asked staff and county counsel to return with refined verbiage and to propose objective thresholds (for example, discharge capacity, total megawatt storage, or acreage) and potential exemptions for regulated utilities and small, non‑commercial installations. The moratorium framework is intended to apply to unincorporated portions of Marion County; commissioners noted that industrial parks within incorporated cities would be treated differently.

Next steps: staff will refine the moratorium resolution language, consult with planning and zoning and check legal issues about exemptions and equitable administration. The item will return for formal action once a draft resolution and specific thresholds are ready.