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Board continues review of battery‑energy‑storage ordinance; setbacks, emergency plans and RCAs spark debate
Summary
County staff presented a revised BESTS ordinance that would bar stand‑alone battery energy storage systems outside existing solar sites and add notification, emergency‑response and setback rules; supervisors debated a proposed 0.25‑mile shelter/wetland buffer, site‑specific water/containment plans, and whether the county has the capacity to evaluate root‑cause analyses.
Amy Ring presented a redlined draft of the battery energy storage systems (BESTS) ordinance and summarized the principal changes: a scoping statement clarifying the section applies to battery storage and solar facilities, decommissioning and landscaping requirements, a 30‑calendar‑day notice of ownership change, a requirement to submit a draft emergency response plan with applications, a fiscal analysis requirement, and revised setbacks (100 feet from a fence, 250 feet from property lines and a proposed 0.25‑mile buffer from county emergency shelters). "We added a scoping statement... and requiring the draft emergency response plan with the application, not afterwards," Ring said.
Supervisors pressed staff on lease protections for landowners and whether existing solar leases would allow retrofitted batteries without owner consent; staff said owners generally must sign an owner's affidavit and site plans would need revision. Several supervisors objected to a quarter‑mile buffer from wetlands or shelters, saying that in a county with many wetlands it could effectively ban new BESS projects. One supervisor said a 0.25‑mile setback "would mean there would not be any BESS at all in Isle of Wight County." Emergency‑services staff described the county’s use of WISER hazmat modeling and after‑action reports to size exclusion zones and recommended site‑specific containment plans. Board members also discussed root‑cause analyses (RCA): supervisors proposed a 60‑day RCA submission for major incidents, while staff cautioned the county lacks in‑house technical capacity to evaluate complex engineering RCAs and suggested RCAs be submitted to planning and zoning for board consideration with confidentiality protections where appropriate.
No final vote was taken; staff was asked to revise language on wetland setbacks and technical requirements and return the ordinance for action at a regular meeting.
