Vigo Board Approves Battery Storage Amendment

Vigo County Commissioners on Tuesday approved a zoning amendment that would add battery energy storage systems as a special exception in the county's unified zoning ordinance.

The board passed General Ordinance 3-26 as written on a voice vote. No opposition was heard on the official recording when the chair called for nays.

A Nov. 8 Hoosier First report said a public notice scheduled discussion of the amendment for 9 a.m. Tuesday and that the commissioners' posted agenda did not list the item. The board took the ordinance up anyway, after other business.

County planning staff said the amendment came at the request of NextEra Energy, which wants an ordinance in place before seeking permits for a battery energy storage system. Staff said a proposed location, not yet confirmed, would be northwest of Rio Grande Avenue in either Nevins or Otter Creek Township, and that the development would stand alone, not tied to a solar farm. A project would still need a special exception from the Board of Zoning Appeals.

Taylor Christian, a developer for NextEra Energy Resources, said the ordinance would regulate future standalone energy storage projects. He said the systems are air-cooled and would use water only in a rare fire.

Commissioner Mike Morris said a rumor had spread about data centers and that he wanted to address it. "There's no data center project in this community right now," Morris said, adding that he, Commissioner Mark Clinkenbeard and the mayor have been quoted in newspaper accounts of data-center inquiries. "This is just a battery energy storage system," Morris said. "There's no data center being proposed in Sandcut."

Christian said that if the county were to ban data centers, NextEra's energy storage project would still move forward.

Brendan Kearns, director of the Vigo County Soil and Water Conservation District, said residential wells in the area have had water-table problems in recent years, and that Seelyville Water also draws from the area.

Speakers were divided. Kenny McCleary of West Lafayette said the draft was a good start but was not sufficient. Matthew Harvey, a retired U.S. Army sergeant who lives on Green Castle Road, opposed the project, citing farmland, light, noise and groundwater. Kelly Stoltz, a Nevins Township resident, asked how the county would enforce sound and drainage promises after a project is built. A farm owner who gave a Garfield Avenue address argued that a storage project in the southern part of the county was linked to data-center customers. Jason Gibbons of Park Street said the ordinance was a good one.

A commissioner moved at 1:14:47 of the official recording to approve the ordinance as written. Another commissioner seconded the motion after asking Christian to work with the county on possible water contamination after an accident, on lighting and noise, and on using local labor. The seconder said he was "a pro-property rights guy," echoing Commissioner Chris Switzer. A commissioner said the project would increase the tax base and that he would urge the County Council not to grant a tax abatement.

The chair called the vote at 1:16:50. The motion passed. The ordinance does not itself approve a site. Christian said NextEra would hold an open house from 5 to 7 p.m. on Nov. 17 at the Terre Haute Convention Center.