Battery storage rules: Audubon County, IA

Fire and building codes in force

• State fire code: 2024 International Fire Code with state amendments, in effect September 10, 2025, administered by the Department of Inspections, Appeals, and Licensing (481 IAC 280.8(1)); the state amendments do not address energy storage. A city or county may enforce its own fire ordinance that adopts any edition of the International Fire Code or NFPA 1 (or the 1997 Uniform Fire Code); a building there is "deemed to comply" with the state rules when, among other conditions, the local code is enforced through plan review and regular inspections (481 IAC 280.11(1))
• Electrical: 2023 National Electrical Code with state amendments, in effect July 1, 2025 (481 IAC 404.3)
• State building code: 2024 International Building Code (481 IAC 301.3), which applies to state-owned and state-funded buildings, to local governments that have accepted it by ordinance, and to cities over 15,000 without a comparable local code (Iowa Code 103A.10(2))

How a project is permitted

Local zoning decides where battery storage goes: the county outside city limits, the city inside them. A facility whose electric storage units total 25 megawatt-hours or more at one site also needs an Iowa Utilities Commission certificate before construction starts (Iowa Code 476A.1(5), 476A.2(1)). The Commission serves notice on the county and city zoning authorities and on owners of property within 1,000 feet of the site, holds the hearing in the county, and must find that the construction, maintenance and operation of the facility will be "consistent with reasonable land use and environmental policies" (476A.4(2), (4); 476A.6). Once a certificate issues, "a regulatory agency, city or county shall not require any further approval, permit or license for the construction of the facility" (476A.8). The Commission "may waive any of the requirements of this subchapter" if it determines that the public interest would not be adversely affected (476A.15). Ask: is this project 25 megawatt-hours or more, and has it applied to the Iowa Utilities Commission for a certificate or a waiver? Ask the Commission how a certificate and Iowa Code 476A.8 apply to a county pause or ordinance. Does my county or city have a pause or a battery storage ordinance, and is the site zoned for it? Which fire code does my local fire department enforce, and does it cover an outdoor battery yard? Ask your local fire official or the Department of Inspections, Appeals, and Licensing.

State permits and reporting rules that may apply

• Ask whether the project has Iowa DNR coverage under NPDES General Permit No. 2 for construction stormwater. Construction that disturbs one acre or more (pads, roads, trenches, grading), or less if it is part of a larger plan that will disturb one acre or more, needs it before work starts. 567 IAC 60.13(2); NPDES General Permit No. 2, Parts I.B.1.a and II.A
• Ask whether the battery site, its access road or its power-line route is in a floodplain or floodway, and if so whether Iowa DNR has approved it. DNR approval is needed where the stream drains 10 or more square miles at the downstream end of the site in rural areas, or 2 or more in urban areas, unless it is approved under a city or county floodplain ordinance that DNR has approved, or an exemption applies. Iowa Code 455B.275(3); 567 IAC 71.1
• Ask who would report a spill or release at the site, and how. Anyone storing or handling a hazardous substance must report a hazardous condition (an actual, imminent or probable spill, leak or release of a hazardous substance that creates an immediate or potential danger to public health, safety or the environment) to Iowa DNR and the local police or county sheriff as soon as possible and within six hours; the responsible party then sends DNR a follow-up report within 30 days of the first report. Some small spills cleaned up within 24 hours are exempt. Iowa Code 455B.381(4), 455B.386; 567 IAC 105.4, 105.5
• Ask whether the site will hold hazardous chemicals at Tier II reporting levels and, if so, whether the chemical inventory is filed by March 1 with Iowa DNR, the local emergency planning committee and the local fire department. 605 IAC 102.22(4)

Sources

• Audubon County Board of Supervisors minutes, May 5, 2026 (Res. 2026-25) Audubon County