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Commission recommends against proposed Chapter 11 that would confine large energy projects to Heavy Industrial zones
Summary
Staff presented a BOCC‑sponsored draft that would restrict large energy projects and large BESS to Heavy Industrial zoning; the commission recommended denial, citing concerns about spot zoning, property‑rights impacts, and the ability to site projects near transmission where they are most efficient.
Jerome County staff summarized a proposed new Chapter 11 (Energy Facilities) that would impose zoning‑level limits on where large‑scale energy projects and battery energy storage systems (BESS) can be placed. Under the draft, large‑scale generation and large BESS would be permitted only in Heavy Industrial zones via Conditional Use Permit; medium BESS would be allowed in Light Industrial via Conditional Use Permit.
Public commenters and industry representatives warned the rezoning requirement could induce spot zoning and lasting Heavy Industrial designations after decommissioning, and that the approach could be a de facto ban in practice by limiting projects to locations that are not close to transmission. "Restricting these types of projects to heavy industrial is a de facto ban," said a representative for ENGIE. Developer representatives and Idaho Power recommended using conditional or special‑use processes to review projects case‑by‑case, retain flexibility, and avoid blanket exclusions.
Commissioners concluded the draft was overly restrictive, could adversely affect private property rights, and would limit Jerome County’s ability to host energy projects near transmission infrastructure. Trish Heath moved to recommend denial of the proposed Chapter 11 as written; Becky Dean seconded and the motion carried unanimously. The commission asked staff and the BOCC to consider a CUP framework with clear standards as an alternative to mandatory rezoning.
