Safety risks, noise and location are top concerns as Douglas County gathers input for battery energy storage rules
photo by: Josie Heimsoth/Journal-World
Community members attend the community battery energy storage event on Friday, Nov. 11, 2026.
As Douglas County weighs rules for battery energy storage facilities, residents raised questions about fire hazards, toxic gases and risks to nearby communities.
The county held the drop-in event on Friday afternoon to gather feedback from the community about battery energy storage systems, or BESS, to figure out where they should be allowed in unincorporated Douglas County and at what point should it require a permit.
While BESSes can be installed in homes occupying residential solar systems, the county is interested in implementing regulations of the larger-scale facilities – whether they consist of rows of large, weatherproof shipping containers or metal enclosures packed with interconnected battery models.
A BESS is not currently defined in the county’s zoning regulations, but it is addressed only as an accessory to a solar development.

photo by: Josie Heimsoth/Journal-World
County Commissioner Patrick Kelly and Kevin Kelley, CEO of Peaslee Tech, attend the community battery energy storage event on Friday, Nov. 11, 2026.
When it came to some of the biggest concerns about BESS, community members pointed to fire safety. If a large facility caught on fire, people wondered about the methods firefighters would use to extinguish it.
One attendee also questioned whether water could safely be used to fight a battery fire, adding that some fires could burn for days and potentially release harmful gases.
County planner Karl Bauer said as the department continues research, they will explore requirements such as defensible perimeters, containment systems, adequate setbacks and plume analysis studies that could help determine whether evacuations would be necessary in certain situations.
Where the facilities should be allowed in unincorporated Douglas County and how their presence could affect the surrounding land also prompted questions.
While some preferred BESS installations to only be allowed with industrial developments, some said they could be allowed in areas with agricultural or residential zoning.

photo by: Josie Heimsoth/Journal-World
A community member answers a question about battery energy storage facilities on Friday, Nov. 6, 2026.
Bauer said the county will also be exploring decommissioning requirements, requiring the developers to restore the property and address its future use.
There was no draft language presented to attendees at Friday’s event, as the purpose was to answer questions and hear concerns. Among the topics discussed were what size BESS installation should require a permit and how large the notification area should be for a proposed installation.
With the technology rapidly evolving, county commissioners initiated a text amendment in July 2024 so staff could begin drafting potential regulations for battery energy storage systems, data centers and cryptocurrency mining operations.
“These technologies are advancing rapidly,” Bauer said. ” … They’re constantly changing … It might be a different landscape a few years from now, and that is one of the challenges with regulations. You’re always playing catch up with those.”
Former County Commissioner Nancy Thellman said oftentimes, data centers and BESS are discussed together. Thellman also said that it was making it difficult to discuss regulations for one without the other.

photo by: Josie Heimsoth/Journal-World
County planner Karl Bauer meets with community members on Friday, Nov. 6, 2026.
Thellman suggested that the county should take a more holistic approach to planning for the two uses so their regulations are consistent and account for how they could operate together.
However, after county commissioners received an update on the regulation process in May, as the Journal-World reported, it decided for staff to begin working on regulations for BESS first.
The county commissioners wanted to save more detailed conversations about data centers and digital asset retrieval until after the county’s zoning diagnostic review was completed.
Bauer said Douglas County has not received any applications for a BESS installation.
“The whole reason this is being done is to get ahead of any kind of development that may come forward,” Bauer said.
A draft of BESS regulations is currently scheduled to be shared with Lawrence-Douglas County Planning commissioners during their meeting on Dec. 16. The proposed regulations would then require final approval from the Douglas County commissioners, which is anticipated for early 2027.
People who did not attend the community drop-in session can still provide input on BESS by contacting Zoning and Codes staff on the county’s website at https://www.dgcoks.gov/zoning-and-codes/contact.

photo by: Josie Heimsoth/Journal-World
Community members attend the community battery energy storage event on Friday, Nov. 11, 2026.

photo by: Josie Heimsoth/Journal-World
Community members attend the community battery energy storage event on Friday, Nov. 11, 2026.

photo by: Josie Heimsoth/Journal-World
County Commissioner Erica Anderson attends the community battery energy storage event on Friday, Nov. 11, 2026.






