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Henderson County enacts temporary moratorium on Tier 2 battery storage applications
Summary
The Fiscal Court adopted Resolution 26-01 on Jan. 13 directing the Henderson City-County Planning Commission and county zoning officials not to accept or process Tier 2 Battery Energy Storage System (BESS) applications while staff draft text amendments; the resolution cited KRS 100.211.
Henderson County Fiscal Court unanimously adopted Resolution 26-01 on Jan. 13 to institute a temporary moratorium on Tier 2 Battery Energy Storage System (BESS) applications while the county considers zoning-text amendments.
County Judge/Executive Brad Schneider read the resolution, which directs the Henderson City-County Planning Commission, the county codes administrator and the Board of Zoning Adjustment not to accept or process BESS project applications during the hearing and drafting process. The resolution text cited compliance with KRS 100.211 as the legal basis for the referral.
Magistrate Tompkins moved to adopt the resolution and Magistrate Southard seconded; the court approved the measure by voice vote with all present voting in favor. Judge Schneider said the moratorium is a temporary administrative step to allow staff and the planning commission to draft and consider ordinance changes related to BESS projects.
During the public-comment portion of the meeting, Cindy Bickwermert urged testing and monitoring during the moratorium, saying earlier company reports about damaged panels had changed in number and expressing concern about potential leaching of elements such as cadmium and tellurium. Judge Schneider told Bickwermert the county lacks the technical expertise to perform environmental testing and advised her to contact the State Environmental Protection Agency; he offered to provide her with the agency contact information.
The moratorium pauses permit processing for Tier 2 BESS projects while planning staff prepare proposed ordinance changes; the planning commission will hold subsequent public hearings as part of the formal amendment process.
