Battery storage rules: Big Stone County, MN

Last checked against primary sources: October 28, 2026

Big Stone County Renewable Energy Ordinance 26-01 (adopted July 21, 2026) applies to all areas of the county outside the incorporated limits of its cities. Utility-scale battery storage needs a conditional use permit, separate from any solar or wind permit, and is not permitted in the shoreland district or floodplain zones. The ordinance requires a 20-foot clear zone around the storage system enclosure and its screening vegetation and fencing, kept free of combustible vegetation or materials (it may be modified as part of a comprehensive emergency management plan approved by the County Board and local fire departments, and must meet any more restrictive fire and safety code requirements); signs naming the technology, any special hazards, the suppression system and a 24-hour emergency contact; safety data sheets for all components provided to the county; an emergency response plan developed with local emergency services and submitted to the Zoning Administrator; and a decommissioning plan with a bond, cash, letter of credit or escrow. Under state law a battery of 10 megawatts or more needs a Public Utilities Commission site permit unless the developer applies to the local government and receives local approval instead (Minn. Stat. 216I.05, 216I.08); ask the county how its ordinance applies to a battery of that size.

Big Stone County: utility-scale battery storage by conditional use permit (July 2026)

Ordinance 26-01 (July 21, 2026) requires a conditional use permit for utility-scale battery storage in the unincorporated county, keeps it out of the shoreland district and floodplain zones, and sets 1,320-foot setbacks from dwellings and property lines. Big Stone County Ord. 26-01; County Board minutes, July 21, 2026

Fire and building codes in force

State fire code: Minnesota State Fire Code, adopted March 31, 2020, based on the 2018 International Fire Code (Minn. R. 7511.0090). It applies "throughout the state and in all political subdivisions and municipalities therein," and a local government "otherwise authorized by law" may adopt requirements "equal to, in addition to, or more stringent than" it, within limits the same subdivision sets (Minn. Stat. 299F.011 subd. 4). The state fire marshal enforces it "as provided in chapter 299F" (Minn. Stat. 326B.106 subd. 3). An update based on the 2024 International Fire Code is under consideration; its effective date has not been set (Department of Labor and Industry)
Building code: Minnesota State Building Code, based on the 2018 International Building Code (Minn. R. 1305.0011). It requires automatic smoke detection "in areas containing stationary storage battery systems" above set capacities, 20 kWh for lithium batteries of all types (Minn. R. 1305.0907, IBC 907.2.22). Some municipalities are not required to enforce the building code (Minn. Stat. 326B.121 subd. 2(a)); ask your building official
Electrical: 2026 National Electrical Code (Minn. R. 1315.0200), in effect August 17, 2026

How a project is permitted

A battery of 10 megawatts or more (nameplate) needs a Public Utilities Commission site permit (Minn. Stat. 216I.05 subd. 1(a)). The developer may instead apply to the local governments with jurisdiction: "If local approval is granted, a site or route permit is not required from the commission. If the applicant files an application with the commission, the applicant waives the applicant's right to seek local approval for the project" (216I.08 subd. 1(a)). A local government the developer has applied to may request that the Commission assume jurisdiction, within 60 days of the date the developer files an application with any one local government, and jurisdiction then transfers to the Commission (216I.08 subd. 1(b)). A Commission permit "supersedes and preempts all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government" (216I.18 subd. 1), but the permittee "must obtain state permits that may be required" (subd. 2). Below 10 megawatts, no Commission permit is required, and the developer "must (1) obtain any approval required by local, state, or federal units of government with jurisdiction over the project" (216I.10). Ask: is the battery 10 megawatts or more, and has the developer applied to the Commission or to the county or city? If it applied locally, is the county or city asking the Commission to take it? Which local building and fire permits does the developer expect to need? Which fire code and edition does your fire department enforce?

State permits and reporting rules that may apply

Ask whether the project has Minnesota Pollution Control Agency construction stormwater permit coverage. The permit is required for construction activity, including clearing, grading and excavating, that disturbs one acre or more, or less than one acre that is part of a larger common plan of development or sale that will ultimately disturb one acre or more. It is also required where the agency's commissioner determines that a discharge may cause or contribute to a violation of a state or federal water quality rule or regulation. Minn. R. 7090.0080 subp. 4, 7090.2010 subp. 1
Ask whether the site, its access road or its power-line route touches a wetland or public water. Wetlands must not be drained or filled, wholly or partially, unless replaced under an approved replacement plan, administered by the local government unit (outside the seven-county metro area, the county or city); changing the course, current or cross section of public waters, including by filling, excavating or placing materials in or on their beds, needs a Department of Natural Resources public-waters-work permit unless an exception in the statute applies. Minn. Stat. 103G.222 subd. 1(a), 103G.245 subd. 1; Minn. R. 8420.0200 subp. 1
Ask your zoning office whether the site is in a shoreland district or on the flood map. Local governmental units, such as counties, cities and towns, adopt, administer and enforce floodplain management ordinances, and the Department of Natural Resources sets model standards for the use and development of shoreland. Minn. Stat. 103F.121 subd. 1(a), 103F.211 subd. 1
Ask who would report a spill or release at the site, and how. Every person must notify the Pollution Control Agency immediately of a discharge, accidental or otherwise, of any substance under its control that, if not recovered, may cause pollution of waters of the state, and must recover it and act to minimize the pollution. A discharge of five gallons or less of petroleum needs no notice, but must still be recovered. Minn. Stat. 115.061(a)-(b)
Ask whether the site will hold hazardous chemicals at or above federal Tier II reporting thresholds and, if so, whether the annual inventory is filed with the Minnesota Emergency Response Commission, the local emergency planning committee (in Minnesota, the regional review committee for the district, unless a local committee has been set up) and the fire department with jurisdiction. Minn. Stat. 299K.04 subd. 1(a), 299K.08 subd. 1; 42 U.S.C. 11022(a)

Setbacks and spacing

Utility-scale battery storage: 1,320 ft from dwellings (structures, electrical equipment and fencing, not interconnection power lines); 1,320 ft from all other property lines; 1 mile from the city limits of any incorporated city in the county unless the County Board approves otherwise; 200 ft from the centerline of stream corridors and open ditches containing ephemeral flow throughout the majority of an average normal growing season; from airports, at least the area beneath the landing pattern plus 1 mile Local ordinance Big Stone County Ord. 26-01, Sec. 1001.5.B

Sources

Big Stone County Renewable Energy Ordinance 26-01 (adopted July 21, 2026) Big Stone County

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