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Pennington County approves first reading of alternative‑energy ordinance after debate over setbacks and battery storage
Summary
The commission approved the first reading of OA2516 to update setbacks and add restrictions on battery energy storage systems after residents and commissioners debated visual impacts, decommissioning bonds and zoning requirements.
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The Pennington County Board of Commissioners approved the first reading of Ordinance OA2516 on June 16, which updates Section 317 of county code on alternative energy, including setbacks and restrictions on battery energy storage systems.
Britney Han, Planning Director, presented the ordinance and the history of the stakeholder committee that revised the language. Commissioners and members of the public voiced concern about a large solar facility near New Underwood that they said limits residential growth and changes the visual character; Commissioner Ross (and others) said planning committees and neighbors worked for more than a year to tighten standards. Eileen Peterson, a member of the public who testified, asked for three specific corrections: adding an infrasound definition to the ordinance, ensuring setbacks for electrical substations are consistent with wind setbacks and tightening acceptable forms of decommissioning financial assurance (she recommended limiting acceptable assurances to performance bonds, escrow accounts or trust accounts rather than letters of credit or parent‑company guarantees).
Commissioner Hadcock thanked committee members for their long involvement in refining the ordinance. Some commissioners said they would still vote against the ordinance at final reading, calling it “overrestrictive” for certain uses, but the board voted to approve the first reading and scheduled a second reading for July 7.
What the vote means: The first reading advances OA2516 to a second reading where the board can adopt further amendments before final approval. The ordinance as presented will require additional drafting edits the staff flagged (including the electrical substation setback) before the July hearing.

