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Southampton supervisors send battery energy storage ordinance to public hearing amid state deadline
Summary
The board moved a 13-page battery energy storage systems ordinance to public hearing after planning staff described setbacks, buffering, bonding and phasing requirements; the county attorney warned that failure to adopt a local ordinance by July 1 would force adoption of a state model ordinance.
Planning staff presented a 13-page battery energy storage systems ordinance May 26 that combines provisions from other Virginia localities (Isle of Wight County, City of Suffolk) and county code to address setbacks, fencing, landscaping bonds, phasing and public-safety concerns related to fire and long-term maintenance.
Mr. Prince, the county staff member who walked the board through the draft, said the ordinance includes a landscaping/buffering section with a required $50,000 landscape bond to ensure plant and buffer maintenance and a commencement requirement so approved projects must begin construction within 12 months of site-plan approval.
County counsel explained the urgency: "If you do not have your own battery energy storage system ordinance in place by 07/01/2026, you will be forced to adopt the state developed ordinance," the attorney said, recommending the county adopt its own local ordinance rather than accept the state model.
Supervisors asked clarifying questions about co-location with solar and whether the ordinance would restrict solar systems connecting to batteries; staff said co-location with solar is allowed and commonly part of modern designs. After discussion the board voted to move the ordinance to a public hearing at the next meeting so the county could adopt its own rules before the state-imposed deadline.
The board instructed staff and the planning commission to continue work on related ordinances (battery storage, solar and, separately, data centers) to ensure local standards are available for review prior to July 1.
Next steps: a public hearing will be advertised and held at the next board meeting; if adopted locally, the county would have its own ordinance in force rather than accepting the state model by default.
