Battery storage rules: Oregon

Last checked against primary sources: October 23, 2026

Oregon's fire code moved to the 2024 International Fire Code (IFC) on October 1, 2025 (State Fire Marshal order OSFM 6-2025). Siting runs through county or city land-use review by default; since HB 4015 (2024), a developer, or a local government after consulting the developer, may instead send a battery project to the state Energy Facility Siting Council (EFSC) (Oregon Laws 2024, ch. 25). There is no statewide pause. Marion County's zoning code says commercial battery storage is not allowed in any zone; in August 2026 the state Land Use Board of Appeals (LUBA) reversed the county's denial of a 199 MW project on farmland (LUBA No. 2026-030). Hillsboro paused new data center and battery projects in July 2026 (city page).

No statewide pause: Marion County bans battery storage; Hillsboro has a moratorium

There is no statewide pause. Siting runs through county and city land-use review, or, by election, the state Energy Facility Siting Council, so the local rules decide. LUBA No. 2026-030, p. 7; City of Hillsboro, Data & Energy Storage in Hillsboro; Oregon Laws 2024, ch. 25

Fire and building codes in force

State: 2025 Oregon Fire Code (OFC), which is the 2024 IFC as amended by the State Fire Marshal, effective October 1, 2025 (OAR 837-040-0010; OSFM 6-2025). For new-construction plan review the 2022 OFC stayed available until March 31, 2026, as directed by the local building official (OSFM 6-2025).
IFC Section 1207: the State Fire Marshal's 2025 OFC executive summary lists no Oregon amendment to Section 1207; its only Chapter 12 amendment is Section 1205.5 (solar farm maintenance) (2025 OFC Executive Summary, Rev. 6/12/25, Part II item 19). The State Fire Marshal's 2025 OFC errata page likewise lists only a Section 1205.5.3 correction under Chapter 12 (OSFM errata page).
NFPA 855: not named in the adopting order, which adopts only the IFC (OSFM 6-2025). Ask your fire code official which NFPA 855 edition they apply through the IFC's references.
Homes: the 2023 Oregon Residential Specialty Code (ORSC) carries the IRC energy storage rules as Section R329: UL 9540 listing; location limits (none in sleeping rooms); 20 kWh per unit and 40 kWh in total in utility closets, basements and storage spaces, 80 kWh in garages, accessory structures, on exterior walls or outdoors; 3 ft between units. Units listed to UL 9540 and marked "For use in residential dwelling units" (installed per the manufacturer and the Electrical Code) and units under 1 kWh are exempt from the section, and larger systems go to the Building Code (BCD summary of amendments, p. 84). The 2026 ORSC, based on the 2024 IRC, took effect October 1, 2026 and becomes mandatory April 1, 2027 (BCD); until then ask your building department which edition, and which energy storage section, applies to your permit.
Electrical: 2026 Oregon Electrical Specialty Code, based on the 2026 NEC, effective October 1, 2026 (BCD). Building: 2025 Oregon Structural Specialty Code, effective October 1, 2025, mandatory April 1, 2026 (BCD).
Local: fire agencies adopt the OFC with local amendments. Ask your fire agency whether its local amendments change Chapter 12.

How a project is permitted

Three tracks. (1) County or city land use by default. On farmland zoned Exclusive Farm Use, a battery has been reviewed as a "utility facility necessary for public service" (ORS 215.283(1)(c)); LUBA reversed a county denial on that question in August 2026 (LUBA No. 2026-030). Washington County approved a battery storage facility as a public utility special use on a 9.52-acre site in the AF-5 (Agriculture and Forest) district on December 17, 2025 (hearings officer order). (2) State opt-in: under ORS 469.320(8), the developer, or the local government after consulting the developer, may defer a battery project to EFSC for a state site certificate. There is no size threshold; the choice is final, and a local government cannot make it after a permit application is submitted (Oregon Laws 2024, ch. 25). (3) Part of a state-sited project: a battery covered by another energy facility's site certificate needs no separate certificate (ORS 469.320(5)). No EFSC rulemaking on battery storage found (ODOE rulemaking page and 2026 calendar).

Setbacks and spacing

IFC Section 1207 spacing rules: the State Fire Marshal's amendment summary and errata list no Oregon change to them. Fire / building code 2025 OFC Executive Summary; OSFM OFC errata page
Homes (ORSC R329): 3 ft between units unless large-scale fire testing supports less; outdoor units at least 3 ft from doors and windows into the home; approved repurposed vehicle batteries at least 5 ft from exterior walls, lot lines and public ways. Fire / building code 2023 ORSC summary of amendments, R329.2–R329.4

Legislation

HB 4015 (2024) — battery storage defined; state siting opt-in (enacted): Defines "battery energy storage system" (ORS 469.300(5)) and lets a battery project opt into EFSC review (ORS 469.320(8)). Effective June 6, 2024 (Oregon Laws 2024, ch. 25, §9). Oregon Laws 2024, ch. 25, §§ 1, 2, 9; ODOE staff report to EFSC, May 2, 2025
SB 83 (2025) — wildfire hazard mapping and code standards (enacted): Eliminates certain wildfire building code standards and mapping requirements, voids the state forestry orders that assigned property to wildfire hazard zones, and directs the State Fire Marshal to develop a model defensible space code. Section 1 repeals ORS 477.490, the statute for the statewide wildfire hazard map. Relevant where a site sits in wildland-fire terrain. SB 83 (2025) enrolled, §1; OLIS 2025R1, ch. 590

Storage in this place

Deployment (EIA, June 2026): 6 operating battery plants, 523.0 MW nameplate (EIA Form 860M, June 2026, Operating sheet). The 100 MW battery at Pachwáywit Fields (Gilliam County), named by ODOE, isn't in that list yet.
Portland General Electric: Seaside (200 MW, July 2025), Sundial (200 MW) and Constable (75 MW, December 2024) add 475 MW; with Coffee Creek (17 MW) its large-scale battery capacity is 492 MW (PGE news release, August 7, 2025, company statement).
Chemistry in Oregon's pipeline: the approved Obsidian Solar Center (Lake County) plans a 50 MW vanadium flow battery, and Sunstone Solar received permission to use lithium or zinc batteries (ODOE staff report, May 2, 2025).

Places within

Marion County, OR — Marion County zoning does not allow commercial battery storage
Hillsboro, OR — Hillsboro moratorium on new battery storage applications

Sources

OSFM 6-2025 — adoption of the 2025 Oregon Fire Code (OAR 837-040-0010) Oregon State Fire Marshal
2025 Oregon Fire Code — Executive Summary Oregon State Fire Marshal
Oregon Fire Code (OSFM page) Oregon State Fire Marshal
Oregon Fire Code errata (OSFM) Oregon State Fire Marshal
2023 Oregon Residential Specialty Code — summary of amendments (R329 energy storage) Oregon Building Codes Division
Oregon adopted building codes (BCD) Oregon Building Codes Division
2026 ORSC adoption — notice of permanent rule Oregon Building Codes Division
Oregon Laws 2024, ch. 25 (HB 4015) — battery energy storage systems Oregon Legislature
ODOE staff report to EFSC — Overview of Battery Energy Storage Systems (May 2, 2025) Oregon Department of Energy
ODOE rulemaking (EFSC) Oregon Department of Energy
SB 83 (2025) — enrolled text Oregon Legislature
Washington County — hearings officer final order L2500161-SU/D/PLA (battery facility) Washington County
EIA Form 860M — operating generators, June 2026 U.S. Energy Information Administration
PGE energizes 475 MW of battery energy storage (2025-08-07) Portland General Electric — company statement

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