Planning Commission narrowly recommends BESS zoning amendment with fire-safety and decommissioning conditions

The Charlotte County Planning Commission on Jan. 21, 2025 narrowly recommended that the Board of Supervisors adopt a zoning amendment governing battery energy storage systems (BESS), voting 7–4 after a public hearing that drew written and oral comments both supporting and opposing the proposal.

The draft ordinance would define two tiers of systems: Tier 1 (600 kilowatt-hours or less) proposed as a by-right use in all zoning districts and Tier 2 (greater than 600 kWh) proposed as a conditional use in General Agriculture, Intensive Agriculture and General Industrial districts. Staff described the draft’s land-use provisions, proposed noise and spacing standards and updates made after the commission’s Dec. 19 recommendations.

Public commenters urged a range of outcomes. Dolores Neumann and others asked that storage be limited to industrial zones or capped at three acres; Benjamin Hadlock of East Point Energy said an acreage cap could limit impacts but that three acres would be too restrictive and recommended a 15-acre cap and sound studies. George Toombs raised worries about PFAS, calling them "forever chemicals" and pointing to litigation elsewhere; Will Stembridge, chief of the Bacon District Volunteer Fire Department, warned that "the County’s fire departments did not have the manpower or equipment to handle an incident at a battery energy storage facility," and raised questions about water and runoff management.

Opponents emphasized fire risk, long-term disposal and loss of agricultural land; supporters, including Cornell "Brick" Goldman, argued that solar and storage can be restored and compared energy production to agricultural production.

On a first motion, Commissioner Belinda Strom moved to recommend denial of the amendment, citing the technology’s infancy, the county’s existing volume of approved energy projects and concerns about decommissioning; that motion failed 4–7 (Strom, Vaughan, Watkins and Adams voted yes). Commissioner Patrick Andrews later moved to recommend approval with three conditions: that the Board of Supervisors consult the county’s seven fire chiefs about fire risk and clarify whether the county or a facility would be responsible for response costs, that Tier 1 systems be referred back to the Planning Commission for separate review, and that decommissioning requirements be carefully reviewed. The motion passed on roll call 7–4: Andrews, Kunath, Wells, W.V. Nichols, Mike Price, Andrew Carwile and James Benn voted yes; David Watkins, Miller Adams, Belinda Strom and Richard Vaughan voted no.

Commissioners debated whether to treat Tier 1 residential-scale systems separately from larger Tier 2 installations. Some commissioners, including David Watkins, favored separate handling of Tier 1 in General Residential districts; Belinda Strom suggested delaying broader allowance for a year, noting evolving technology and citing an existing operational facility she understood to be about three acres.

The Planning Commission’s recommendation will go to the Board of Supervisors; staff confirmed the commission’s Jan. 25 recommendation deadline and that Tier 1 could be revised to a conditional use in some districts without an additional public hearing. Staff also noted Commissioner W.V. Nichols submitted his resignation effective Jan. 31, 2025.