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Planning commission favors Conditional Use Permit approach for utility-scale solar, allows Tier 3 battery storage in industrial zones
Summary
After debate, commissioners voted to use Conditional Use Permits rather than spot rezones for most solar projects (5–2 vote) and unanimously approved allowing commercial solar and Tier 3 BESS to apply for CUPs in Light and Heavy Industrial zones.
The Whitman County Planning Commission on May 20 favored a Conditional Use Permit (CUP) process over mandatory rezoning for utility-scale solar projects, citing site‑specific review and legal defensibility. Consultant Rachel Granrath (Kimley‑Horn) told the commission that CUPs provide flexibility and reduce the chance of spot‑zoning litigation while enabling site-level mitigation and conditions.
Commissioner Bill Myers argued that very large solar arrays should be treated differently from agriculture because of their scale; Commissioner Dave Gibney urged rezones for stand‑alone, industrial-scale BESS but agreed CUPs could work for many solar proposals. The commission voted 5–2 to accept the consultant’s CUP recommendation. Separately, commissioners voted unanimously to allow commercial solar and Tier 3 battery‑energy storage systems to proceed in Light and Heavy Industrial zones under a Conditional Use Permit.
"A CUP gives site‑specific flexibility and control based on location and specifics of a site," consultant Rachel Granrath said. Commissioner Dean Kinzer noted agrivoltaic examples where raised panels can be compatible with grazing. Commissioners said a CUP combined with setbacks and SEPA review would enable mitigation and minimize unexpected impacts while preserving property‑owner options.
