Commissioners extend Battery Energy Storage System moratorium to Dec. 31, 2024

During the Public Comment portion of Monday's County Commissioner meeting, county resident Deb VanDeMark reminded the commissioners that the current moratorium on Battery Energy Storage Systems (BESS) enacted last October will expire next month. 

VanDeMark reminded the commissioners that the Plan Commission worked for several months to establish regulations for BESS in the county.  Just two months ago the commission created a task force to establish the rules and regulations through a zoning ordinance for battery energy storage systems in the county including zoning, setbacks, fencing, lighting, security, and safety along with other regulations.  

VanDeMark said companies are poised to move before the regulations are established when the moratorium expires next month. She said many members of the community still have concerns with battery energy storage systems.  

VanDeMark said there has been another option agreement recorded in the recorder's office just this month for another battery storage facility in addition to the one currently being planned in Burr Oak.  

Katie Lewallan of East Shore Drive in Culver also commented during the public comment session of the Commissioner's meeting.  She too wanted to encourage the commissioners to extend the moratorium.  

Commissioner Mike Burroughs said the task force has met once and will meet for their second meeting on Tuesday, morning September 17th but he can't attend because of a Marshall Starke County joint Drainage Board meeting.  He affirmed that it will take several meetings to create recommendations for regulations of battery storage facilities and that the current moratorium will expire before that point. 

Commissioner Burroughs asked County Attorney Jim Clevenger for some advice, asking if a battery energy storage company applied for a permit and the county doesn't have an ordinance what would happen?  

Clevenger said there is a county ordinance with some regulations, but the commissioners felt it would be better to have all the provisions in place before moving forward with any BESS facilities. While there are some checks the commissioner would prefer many more.

Commissioner Burroughs made a motion to extend the BESS moratorium until December 31, 2024, when his term expires and it was approved with two yes votes, Burroughs and Commissioner Stan Klotz, and one abstention from Commission Kevin Overmyer.