Commissioners send BESS ordinance back to planning commission, recommend larger setbacks

Marshall County Commissioners opened a public hearing on Ordinance 2026-7, a draft ordinance to regulate the siting and operation of battery energy storage systems (BESS), then voted to send the draft back to the planning commission with a recommendation to increase residential setbacks to 1,320 feet from property line to property line.

Nick (planning staff) described the ordinance’s major elements: a county technical review committee (including EMA, fire chiefs, sheriff, highway superintendent and building officials), an escrow requirement to provide county-accessible remediation funds and strengthened fire-protection training for jurisdictions that might respond to an incident. "This ordinance requires an escrow, to put funds into an account that can be used at any time," Nick said, summarizing the accountability provision for developers.

Commissioners and staff asked detailed questions about fire suppression agents, best practices and review intervals; staff said the ordinance follows NFPA guidance and that technology and firefighting practices are rapidly evolving. One commissioner noted the draft’s 1,000-foot setback; other commissioners supported widening that spacing to match the county’s CAFO standard. A motion to send the ordinance back to the planning commission with a recommendation to stretch setbacks to 1,320 feet (property line to property line) was made, seconded and approved by voice vote.

The vote does not adopt the ordinance; it directs further review and revision by the planning commission and county staff. Commissioners also noted additional approvals will be required if the planning commission or applicants propose changes to escrow amounts, road agreements or other site-specific requirements.

Next steps: planning staff will coordinate the planning commission review and return a revised ordinance or recommendations to the commissioners for possible first or subsequent readings.