Battery storage rules: Indiana
In Indiana, your county or city decides where battery storage goes, through zoning. A utility-scale system (one that can store and release more than 1 MW for at least one hour) also needs the Indiana Department of Homeland Security's approval before it is installed, before any expansion of more than 10% of its original capacity, and, for a system installed after June 30, 2023, before it operates (IC 22-14-8, added by House Enrolled Act 1173 of 2023, in effect July 1, 2023). The law makes the Department "the sole authority with respect to the regulation and approval of the installation or expansion" of these systems and limits separate local approvals, permits, licenses and fees, but it does not "affect the ability of a local unit to exercise zoning, land use, planning, or permitting authority otherwise allowed under law" (IC 22-14-8-4(f)–(g)).
No statewide pause; some counties have paused or written battery storage rules
There is no statewide moratorium. Some counties have adopted battery storage rules or a pause; ask your county or city what is in effect now. e.g. Boone County Ord. 2025-18; Marshall County Ord. 2026-7; Huntington County Ord. 2026-04
Fire and building codes in force
- 2014 Indiana Fire Code (2012 IFC), effective December 1, 2014; an update to the 2024 IFC is in rulemaking with no effective date
- Utility-scale systems: NFPA 855, 2023 edition, by statute (IC 22-14-8-2, -6), unless the Fire Prevention and Building Safety Commission amends it by rule (none adopted); the Indiana Department of Homeland Security is the authority having jurisdiction (IC 22-14-8-1)
- 2014 Indiana Building Code (2012 IBC); 2020 Indiana Residential Code (2018 IRC, effective December 26, 2019); Indiana Electrical Code 2009 (2008 NEC)
How a project is permitted
Local zoning decides where battery storage goes. A system that can store and release more than 1 MW for at least one hour also needs the Department of Homeland Security's approval: the application includes plans, an emergency response plan and a training plan, with a $250 fee; the Department must give notice of approval or disapproval within 30 days of receiving the application and fee, and must approve an application that complies. Approval to operate needs a commissioning plan and test that comply with NFPA 855. The operator gives the final emergency response plan to the local fire department and offers that department training every year (IC 22-14-8-4, -5, -9). The law exempts a system "used for the purpose of providing electricity to meet or offset all or part of a host operation's energy needs", battery recycling facilities and the manufacturing or storage of batteries by an automobile manufacturer (IC 22-14-8-3(b)). Ask: does my county or city allow battery storage in this zone, and is a pause in effect? Has the Department approved this project, and has the fire department received the emergency response plan and been offered training? Which fire code edition does the fire department enforce here?
Setbacks and spacing
- State law for utility-scale systems (not a distance setback): no more than 10 MWh of batteries in a single enclosure unless Commission rules allow more; within half a mile of a FEMA 100-year flood plain, all equipment at least 2 ft above the 100-year flood elevation Fire / building code IC 22-14-8-7, -8 (HEA 1173, 2023)
Legislation
- HEA 1173 (2023): utility-scale battery energy storage systems (IC 22-14-8) (enacted): In effect July 1, 2023 (P.L. 217-2023). State approval to install, expand and operate; NFPA 855 (2023); the emergency response plan to the fire department and yearly training; the 10 MWh enclosure and flood-elevation rules. HEA 1173 (2023), enrolled act; IC 22-14-8
Storage in this place
- EIA Form 860M (September 2026): 9 operating battery generators in Indiana totaling 587.3 MW, and 1 planned, 20 MW, due in 2027 (EIA covers plants of 1 MW or more).
Places within
- Boone County, IN — grid-serving battery storage only at a regulated utility substation; on-site storage allowed in all districts
- Marshall County, IN — battery storage ordinance passed April 2026 (1,320 ft setback)
- Huntington County, IN — moratorium on battery storage, data centers and carbon sequestration adopted February 2026, no end date
Sources
- Indiana Department of Homeland Security — Battery energy storage systems (application and registration) Indiana Department of Homeland Security
- HEA 1173 (2023) — enrolled act (IC 22-14-8) Indiana General Assembly
- Fire Prevention and Building Safety Commission — rules in effect Indiana Department of Homeland Security
- Indiana Office of Energy Development — BESS siting handout Indiana Office of Energy Development
- Indiana Office of Energy Development — BESS regulatory steps handout Indiana Office of Energy Development
Check a specific system
For a proposal or a system you're evaluating, answer a few questions in BESScheck: you get the rules that apply here, a checklist of what to ask, and the sources behind each line.