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Commission defers PMD-3 text amendment amid questions about battery energy storage systems
Summary
Sullivan County commissioners postponed action on proposed PMD-3 zoning language after extended debate over whether battery energy storage systems (BESS) should be treated as an accessory use to data centers or allowed as a principal use. The motion to defer carried 14–4 with six absent.
The Sullivan County Commission voted to defer consideration of a text amendment to Planned Mixed Development (PMD-3) regulations after a multi-hour exchange about battery energy storage systems (BESS) and where they should be allowed in county zoning.
Commissioners, planning staff and the county attorney debated whether the draft language— which lists battery energy storage systems among PMD-3 uses—would mean those systems could be permitted as a principal use or only as an accessory to data centers and other high-intensity facilities. Commissioner King described reports that outside companies have been buying land for energy storage sites and asked whether standalone BESS facilities would be permitted under the proposed code changes.
County Attorney Street and planning staff both addressed the drafting tension: staff said the intent was to list BESS as an accessory use that supports data centers, while Attorney Street warned that spelling the term into the PMD-3 provisions could make it difficult to argue in court that BESS are only accessory uses. Several commissioners said they received the packet late or found copy errors, and others asked for technical briefings from TVA and other utilities about safety, siting and community impacts.
Commissioner Ward moved to defer the PMD-3 amendment for one month to give commissioners, staff and regional planning authorities time to review the language and consult experts; Commissioner Cole seconded the motion. The roll call recorded 14 yes, four no and six absent; the motion carried and the item was deferred to the next month’s calendar for additional study.
The deferral preserves the status quo while staff and commissioners pursue clarifications on: the intended regulatory classification of BESS (accessory versus principal use), required setback and siting protections, interactions with utilities, and any necessary additional text amendments to the county development resolution. Presenters noted the county’s moratorium timeline gives several months to address these issues before a final decision is required.
