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Monroe County adopts development ordinance changes; small modular nuclear reactors banned, battery storage permitted conditionally

Monroe County Board of Commissioners · May 15, 2026
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Summary

The board unanimously adopted Ordinance 2026-15 to update the County Development Ordinance: correcting scrivener errors, aligning with state code, permitting schools in all zones, banning small modular nuclear reactors, and creating conditional standards for battery energy storage systems including decommissioning, noise and drainage requirements.

The Monroe County Board of Commissioners approved a package of text amendments to the County Development Ordinance on May 14 that revise use tables, correct scrivener errors and add new standards for certain energy technologies.

Kirben, acting director of the Planning Department, presented the amendments and said the Plan Commission had recommended the changes 6–0. She told commissioners the edits range from minor text fixes to substantive policy changes: the amendments will allow schools as a permitted use in all zones to align county code with state law, remove a sidewalk requirement tied to an outdated alternative-transportation map for certain subdivision segments, and create a new, separate treatment for energy facilities.

"We are gonna go ahead and make small modular nuclear reactors... not a permitted use in Monroe County," Kirben said, explaining the county will expressly exclude small modular reactors from permissible development. The draft also creates a definition and a conditional permitting path for battery energy storage systems (BESS). Under the amendments, BESS would be allowed in defined zones (for example, the institutional public zone, mineral-extraction zones and the airport zone) subject to Board of Zoning Appeals review and conditions addressing transportation plans, drainage, screening, noise‑compliance statements, setbacks and a decommissioning plan.

Commissioners discussed the reasoning behind the provisions. One commissioner noted the need to address concerns about waste, decommissioning and potential environmental impacts from large energy facilities; staff said the moratorium on small-reactor cases was lifted only after these amendments were prepared.

The board voted to adopt Ordinance 2026‑15 by voice vote.

What to expect: permit applications for battery storage systems will require additional site‑specific plans and board review; the ban on small modular nuclear reactors is now reflected in county code language, and staff said they will update maps and two‑pager materials to align with the ordinance changes.