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Charlotte County planners refine battery energy storage ordinance, set June public hearing

Charlotte County Planning Commission · March 1, 2026
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Summary

The planning commission reviewed technical edits to a proposed battery energy storage systems (BESS) ordinance, agreed to further refine safety data sheet language, accepted a two-tier classification (lower tier ≤600 kWh) without subdivision, and supported a 5-acre minimum lot size for larger systems; staff will seek the Public Safety Director and county attorney input before advertising.

The Charlotte County Planning Commission continued work May 15 on a draft ordinance to regulate battery energy storage systems (BESS), agreeing to further edits and to schedule a public hearing in June.

Staff reported that spacing language discussed at a prior meeting had been incorporated into §10-24-7 and that commissioners approved that revision by consensus. Staff also updated a safety data sheet requirement (§10-24-15, Item #7) and commissioners asked staff to refine the wording so operators are not required to submit safety data sheets for routine cleaning supplies; staff said it would consult the county’s Public Safety Director before advertising the ordinance.

On potential cost-recovery for evacuations, staff reported findings from conversations with Appomattox and Mecklenburg staff and the Fire/EMS Training Coordinator and advised against including generic countywide reimbursement rules because enforceability depends on legal responsibility and could be decided by courts. The commission accepted staff’s recommendation to work with the county attorney on project-specific conditions if needed.

Commissioners reviewed three options for tier divisions and by consensus retained the proposed two-tier classification, noting challenges in subdividing the lower tier (units of 600 kWh or less) into separate residential and commercial classes. The commission also accepted draft language modeled on Prince George County establishing a 5-acre minimum lot size for BESS larger than the lower tier.

Staff closed with updates on approved solar projects, pending applications, upcoming public hearing dates, and efforts to schedule a site visit for Twitty’s Creek Solar. The transcript records that the commission will advertise the ordinance after the wording changes and public-safety consultation are completed.