Marshall County Commissioners Review Recommended Moratorium Ordinance on Utility Scale Battery Energy Storage Systems

The Marshall County Commissioners were presented with a Plan Commission resolution recommendation to place a 12-month moratorium on Utility Scale Battery Energy Storage Systems which was drawn up in the form of an ordinance Monday morning.

Plan Director Ty Adley said the proposed moratorium that came from the Plan Commission read that the zoning ordinance makes no provisions for regulations concerning any building, zoning or use regulations on Utility Scale Battery Energy Storage Systems.

Adley stated, “The Marshall County Plan Commission wishes to make certain changes, additions and amendments to the Marshall County Zoning Ordinance as it pertains to Utility Scale Battery Energy Storage Systems.”

The Plan Commission held a public hearing on the matter at the end of September which led to the commission’s recommendation on a moratorium.

Adley continued, “…a moratorium is hereby created and established which specifically provides that no new building permits, land use applications, site development plans, including applications for improvement location permits, special exceptions, variances or rezoning pertaining to Utility Scale Battery Energy Storage Systems will be accepted by the Marshall County Building Commission, Marshall County Plan Commission, or Marshall County Board of Zoning Appeals for a period of 12 months from the passage of this ordinance, while and until the Marshall County Plan Commission and Marshall County plan director can consider and determine appropriate building, zoning and use regulations which should be adopted and incorporated into the Marshall County Zoning Ordinance as the same pertain to Utility Scale Battery Energy Storage Systems.”

In proposing the amendment, Adley stated, as part of the ordinance, that the Marshall County Plan Commission considered the Comprehensive Plan; current conditions and the character of current structures and uses in each district; the most desirable use for which the land in each district is adapted; the conservation of property values throughout the jurisdiction, and; responsible growth and development.

Commission President Stan Klotz noted that the moratorium could be lifted sooner if there are regulations in place if in agreement is reached by legal counsels. 

The commissioners opened a public hearing where there were people who were in favor of the moratorium.  Marshall County Fire Association President John Grolich asked about any reference to the National Fire Protection Association Standard for the installation of energy storage systems and Adley commented it would have to be met as designated by Indiana Code. 

The company Tenaska, headquartered in Nebraska, is developing a proposed battery storage project in Marshall County.  Tenaska Project Development Consultant James Hingston said they have been working with county leaders to bring transparency about the project.  More on the proposed project will be brought forward in a story tomorrow on MAX 98.3 FM. 

Following the public hearing, the commissioners approved the ordinance that puts the moratorium in place for a 12-month period.  The ordinance was unanimously approved on first reading, and then the rules were suspended and the second and third readings of the ordinance were approved with a unanimous vote of all three commissioners. 

Commission President Stan Klotz thought the Plan Commission should consider a moratorium on large scale solar energy systems as well and look at an aspect he called carbon capturing.  Adley said he plans to have amendments for the solar ordinance for consideration by the Marshall County Plan Commission in November.  Commissioners Michael Burroughs and Kevin Overmyer said they would like to wait to see what is recommended by the Plan Commission.