County Commissioners consider stricter setbacks for Battery Energy Storage Systems

The Marshall County Commissioners heard the first reading of an ordinance Monday to regulate Battery Energy Storage Systems (BESS) in the county and voted to send it back to the County Plan Commission for revisions.

County Plan Director Nicholas Witwer said a subcommittee spent nearly a year creating the ordinance, which he described as "very protective of the county, of residents, and our resources, but it also allows BESS to occur within our county in a responsible and reasonable way."

Under the proposed ordinance, every BESS project would be reviewed by a special technical committee including the EMA director, local fire chief, sheriff, highway superintendent, building commissioner, and county surveyor.

Key provisions include requiring developers to maintain an escrow account with the County Treasurer for potential remediation costs, expanded fire protection standards, and mandatory training for fire departments.

The ordinance initially proposed a 1,000-foot setback from residential property lines to BESS facilities—double the original draft. However, Commissioner Jesse Bohannon suggested matching the 1,320-foot setback required for Concentrated Animal Feeding Operations (CAFOs). 

"Earlier this year, we banned carbon sequestration. We are currently under a moratorium on BESS and solar, with four months remaining until that moratorium expires," Bohannon said.

Commissioner Stan Klotz, who sits on the Plan Commission, noted the ordinance addresses concerns about companies "hiding behind penniless LLCs" by making parent companies liable. He said the escrow account is more accessible than requiring a bond.

No public comments were made during the hearing. The commissioners unanimously approved sending the ordinance back to the County Plan Commission to consider increasing setbacks to 1,320 feet. Witwer said the review process would take approximately two months.