Amelia County planners recommend new battery storage rules to meet July 1 state deadline

At a joint meeting of the Amelia County Board of Supervisors and Planning Commission, county staff presented a proposed zoning text amendment to regulate battery energy storage and the Planning Commission voted to recommend the measure to the Board of Supervisors.

The proposed ordinance updates existing code to implement a change in state law that becomes effective July 1, county staff said. "This ordinance is proposing adding additional regulation to battery energy storage that's already in the code," staff told the joint meeting, and stressed the county must act before the statutory deadline to preserve local regulatory authority.

Why it matters: the new state law makes battery energy storage an accessory use by right at approved solar facilities beginning July 1, meaning the county cannot block energy storage from being added to previously approved solar farms unless local rules are in place. The amendment seeks to preserve local safety and siting controls by spelling out setbacks, containment and inspection obligations.

Key provisions discussed include a 5,000-foot minimum setback from public roads and property lines for battery storage facilities, more explicit firewalls and separation requirements, and decommissioning and inspection rules. One member read from the packet: "all battery storage facilities shall maintain a minimum of 5,000 ft setback from public roads and property line." Staff noted that an existing solar facility on Route 616 would not meet that setback and that adopting the ordinance could prevent a battery component from being added there unless other property is acquired or an exception is obtained.

Fire safety and emergency response drew extended discussion. Staff said the ordinance strengthens fire-suppression and containment language and includes detailed design requirements for firewalls and separation distances. Participants and staff observed that industry practice in some cases is to design battery installations so that, if a fire occurs, it can be contained and allowed to burn rather than fought internally. County staff said outside defense by local fire responders is the likely practice: "We handle outside defense," a responder told the meeting, describing a prior small fire in which crews defended the perimeter rather than entering the fenced facility.

Inspection and end-of-life provisions also featured: the ordinance would require a bond and Engineer inspection every five years to recalculate decommissioning costs, and the packet states solar facility operators must perform on-site inspections of battery units and submit a written report on condition at least once every six months.

Public comment was invited but no members of the public spoke during the hearing. After a brief round of final questions from Planning Commission members, a commission member moved to approve the battery energy storage text "as it's written," the motion was seconded and carried on a voice vote. The commission voted to forward its recommendation to the Board of Supervisors for consideration.

Next steps: the Board of Supervisors will receive the Planning Commission's recommendation; staff indicated they will return later in the year with separate updates to solar facility provisions that are not subject to the July 1 deadline. The Planning Commission continued with its own meeting after the joint session adjourned.