Anne Arundel Council weighs zoning rules for battery energy storage amid fire-safety and siting concerns
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Summary
The County Council reviewed Bill 9-26 to add battery energy storage systems to the zoning use chart. Sponsors and staff discussed required firefighter access, NFPA standards, water needs for large battery fires and whether expedited local review would conflict with state Public Utilities law.
Councilmembers on Feb. 10 reviewed proposed zoning language to allow battery energy storage systems (BESS) as a new use in the county code.
Sponsor Councilmember Fiedler said the bill would add the use to the county’s use chart and that she was working with administration and planning staff on technical language. “The bill is pretty self explanatory,” she said, while indicating she would accept edits to address administration and fire-department concerns.
Administration staff and the Fire Department urged specific safety measures. Ethan Hunt, speaking for the administration, outlined two recommended additions from the Fire Department: a Fire Department–approved Knox-style entry system for secured gates and a requirement that installations meet National Fire Protection Association (NFPA) maintenance standards and include a written, site-specific emergency response plan and training for emergency personnel. The sponsor said those changes were reasonable.
Fire Marshal Kathy McGuire warned council members that large lithium-ion battery fires require sustained responses. “Copious amounts of water is the is the is the where we're at right now to fight these, unfortunately,” she said, describing current practice across the U.S. of placing burning batteries in water-filled containers and waiting days for fires to abate.
Councilmembers pressed on siting and infrastructure. Councilman Volke asked why the proposal allowed siting in RA (residential agricultural) zones and warned that many peninsula locations lack public water and would require bringing large volumes of water to a site. The sponsor said she would revisit siting language to reduce unintended consequences while preserving locations that make sense for the technology.
A separate point of contention concerned a clause in the draft that would require OPZ to “expedite” reviews for qualifying projects. Planning staff said they generally do not include such language and had raised operational concerns. Councilman Volke cited state Public Utilities Code §7‑219(f)(2), which directs expedited review for certain front‑of‑meter energy storage projects that meet statutory conditions; administration staff said they would review the statute’s wording to ensure the local clause did not conflict with state law.
Several council members and staff described private-sector interest in siting facilities in Maryland and framed the zoning update as part of a longer-term strategy to build local storage capacity. No vote was recorded at the work session; staff said they would follow up with edits, state-law review and additional information before public hearing.
What’s next: OPZ and the Fire Department will refine the bill language on access, maintenance and siting; administration staff will check the interaction between the proposed expedited-review language and state Public Utilities Code.
