Harvey County enacts moratorium on commercial battery energy storage; directs Planning Commission review

The Harvey County Board of Commissioners voted unanimously July 8 to adopt Resolution 2025-20, enacting a moratorium on energy-creation and storage systems — specifically including commercial Battery Energy Storage Systems (BESS) — in unincorporated Harvey County until Jan. 1, 2028, while staff and the Planning Commission review the county's zoning regulations.

Planning, Zoning and Environmental Director Karen Rothe told the board staff had received numerous questions about whether current regulations clearly address BESS in rural areas and recommended clarifying both the renewable-energy rules and the Equus Beds overlay. "Protection of the aquifer is of great importance to the planning commission as it is the only source of drinking water for our communities and rural residents," Rothe said. Commissioners unanimously directed the Planning Commission to review regulations for energy creation and storage systems and, if necessary, propose revisions.

Public comment at the meeting underscored the concern that drove the action. Kevin Henderson of Halstead asked the board to return an ordinance petition to the Halstead City Clerk for validation and argued the petitioner relied on state law when assembling signatures: "the Statue utilized in creating the ordinance petition was KSA 12-3013, which doesn't require dates on signatures," he said. Amy Douvier raised safety questions about BESS, saying most systems "only store 2 to 4 hours of power" and referencing a recent overseas battery-plant explosion that prompted shelter-in-place orders.

Commissioner Terry Scott moved to direct the Planning Commission to review the county's regulations concerning energy creation and storage and then moved to adopt Resolution 2025-20 placing a moratorium on such projects; both motions were seconded by Commissioner Becky Reimer and passed unanimously. The moratorium language allows staff or the commission to end it early if the review is completed before the sunset date and requires Planning Commission work and public hearings before any permanent regulatory change is adopted.

County staff told commissioners the Planning Commission meets monthly and that a thorough review could take multiple meetings along with public hearings. The board did not take any immediate land-use approvals for specific projects during the meeting.