Marshall County Plan Commission Recommends Moratorium

The Marshall County Plan Commission voted to place a 12-month moratorium on battery energy storage systems in the county when they met Thursday night.

The Commission plans to use the time to look further into the battery systems and their safety in order to do “…due diligence…” to protect the county and its citizens.

During the next year, there will be no new construction, building permits, site plans or site improvements for the structures until the Commission can gather information to make their decision on a zoning ordinance that adequately addresses concerns about the systems.

The moratorium includes any plans for a battery storage system on the site of a current solar array.

Plan Director Ty Adley put together the moratorium citing in the wording the need to consider the county’s comprehensive plan, safety concerns, land usage, and property values affected by the battery systems.

Adley told the Plan Commission that the county’s Technical Review Committee (TRC) had recommended the moratorium to the board.

One major concern for those who oppose the systems is safety and emergency response to any problems for utility-scale battery systems.

Decommissioning of the facilities is also a concern as to who is responsible for any cleanup and expense when the systems become obsolete.

The Plan Commission will look at the current zoning ordinance regarding such facilities to try to address any concerns and craft a specific set of standards that fit the needs of Marshall County.

Those opposed to the structures suggested special attention to setbacks for property lines and utilities, wells to monitor any groundwater issues, concrete containment of the structures, fire hydrants at all such sites, and emergency response plans put in place.

Dan Straka of the Land and Liberty Coalition also spoke before the board as a voice opposed to the moratorium citing the private property rights of those who own land to use that land in a different way to maximize its profitability for their needs.  While speaking against the moratorium he did applaud the Commission for doing their due diligence in doing what is best for Marshall County.

One concern for the Plan Commission is the interpretation of a new ordinance passed by the state legislature regarding the systems that uses the wording that local authorities can only place “reasonable” restrictions on the development of the facilities and the definition of just what “reasonable” is.

The moratorium will prohibit any action that involves a utility-scale battery storage unit in the county for the next 12 months.

The positive recommendation for the measure was passed 6-0 with one abstention. That recommendation moves forward to the Marshall County Commissioners who can pass it, reject it, or send it back to the Plan Commission for further refinement.