How to Navigate State and Local Permitting for Battery Energy Storage Projects

By David Weetman, Director, Environmental Permitting

As the demand for renewable energy sources continues to rise, battery energy storage systems (BESS) have emerged as a critical component in the transition to a sustainable energy future. Westwood is at the forefront of environmental permitting in states across the nation, helping clients navigate the complexities of the permitting process. Our team stays updated on changing rules and regulations as they pertain to BESS projects, ensuring our clients are well-prepared to meet the evolving landscape of energy storage development.

The development of battery energy storage projects requires navigating a complex web of state and local permitting processes. Understanding these requirements alongside the battery energy storage system design process is essential for successful project execution. BESS projects typically require a 10-30 percent plan set to assess the potential impact of the proposed project. At Westwood, our BESS design team works in close collaboration with environmental experts to prepare these plans, ensuring a streamlined and efficient permitting process.  

Understanding State and Local Permitting for a Battery Energy Storage System

State and local permitting are crucial steps in the development of battery energy storage projects. Each state has its own regulatory framework, and local jurisdictions may impose additional requirements. California, Minnesota, North Dakota, and Wisconsin are a few examples of states that have robust statewide permitting processes.

State Permitting

State permitting involves obtaining approvals from various state agencies responsible for environmental protection and energy regulation. Key components include:

• Application Submission: Developers submit a comprehensive application detailing project specifics and anticipated environmental impacts.
• Public Notice and Comment Period: A public notice allows community members to review the project and provide feedback.
• Environmental Review: State agencies assess potential impacts on the environment and communities.
• Permit Issuance: After review, the state agency issues the necessary permits, including construction and operational permits.

Local Permitting

Local permitting is managed by city or county authorities and may include:

• Zoning Approvals: Ensuring compliance with local land use regulations, which may require special use permits.
• Building Permits: Obtaining permits to ensure compliance with local building codes and safety standards.
• Site Plan Review: Submitting detailed plans that outline the project layout, including structures and access roads.
• Community Engagement: Supporting developers and engaging with local residents to address concerns and gather feedback.

Permitting Milestones

Permitted the First Solar Plus Battery Storage Project

Westwood helped to permit the first solar plus battery storage project in Minnesota, the Lake Wilson Solar Energy Center Project. This project features an up to 150 MW alternating current photovoltaic solar energy generating facility paired with a four-hour battery storage system, which was approved by the Minnesota Public Utilities Commission (MPUC) in 2024. For more details on the Lake Wilson project, visit the Lake Wilson Solar Energy Center Project page.

Filed the First Battery Storage Projects: Snowshoe and Midwater

Westwood made recent history helping a client file the first battery-only storage projects in Minnesota. The Snowshoe and Midwater energy storage projects both have a nominal power rating of up to 150 MW. Midwater also requires a separate route permit for an associated 161 kV high voltage transmission line (HVTL). Westwood worked with state staff to fashion application content and format that will be used by BESS applicants to follow for years to come. For more details on the Snowshoe and Midwater projects, visit the Snowshoe Energy Storage Project and Midwater Energy Storage Project.

Strategic Permitting and Cost Management Solutions

Streamlined Development Processes

We specialize in optimizing the permitting process for battery energy storage projects. Our approach includes:

• In-House Collaboration: Our team of engineers and planners works together to ensure a seamless permitting experience.
• Efficient Documentation: We help prepare and submit all necessary documentation to regulatory agencies.

Cost-Effective Solutions

We understand the importance of managing project costs. We offer:

• Efficient Studies: Conducting necessary studies (wetlands, cultural, wildlife, noise, etc.) in a timely manner to avoid delays.
• Procurement Specifications: Assisting in the development of specifications that align with budgetary constraints.

Expertise in Navigating Regulatory Landscapes

With extensive experience in managing complex permitting requirements, we are well-equipped to guide developers through the regulatory landscape. Our services include:

• Regulatory Compliance: Ensuring that all aspects of the project meet state and local regulations.

Takeaways

Navigating state and local permitting for battery energy storage projects is a complex but essential process. By understanding the requirements and leveraging our expertise, developers can better prepare for successful project execution.

If you're ready to embark on your BESS project or need assistance with any aspect of the permitting process, contact our permitting team today. We are ready to help you navigate the path to success.

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About the Author

David Weetman is the director of environmental permitting and is known for his expertise in facility permitting. With a keen eye for detail and a commitment to excellence, David has become a go-to resource for complex permitting questions and challenges. His dedication to his work and his ability to navigate intricate regulatory landscapes make him an invaluable asset to the Westwood team. Whether he's working on a large-scale project or providing guidance to his peers, David's contributions are always marked by professionalism and a drive for success.