Battery storage rules: Marion County, OR
Marion County (Salem area) adopted Ordinance 1480 on July 9, 2025, banning battery storage facilities in all county zones (LUBA No. 2026-030, p. 7); the proposed text exempted personal battery storage (LA25-001). A 199 MW lithium-ion project next to PacifiCorp's Parrish Gap Substation, applied for before the ordinance, was denied by the county; on August 26, 2026 LUBA reversed, finding that "as the decision and record stands, the county has no basis to deny the application" (LUBA No. 2026-030, p. 44). LUBA decisions can be appealed to the Oregon Court of Appeals; check the case's current status.
Marion County zoning does not allow commercial battery storage
Ordinance 1480 (adopted July 9, 2025) bans battery storage facilities in every county zone, with no end date. The proposed text exempted personal systems that don't mainly store power for public use or sale. A separate case: in August 2026 Oregon's Land Use Board of Appeals (LUBA) reversed the county's denial of the Remington battery project on farmland. That application came before the ordinance and was decided without it; LUBA did not rule on the ordinance, and its decisions can be appealed to the Oregon Court of Appeals. LUBA No. 2026-030 (August 26, 2026), p. 7; Marion County LA25-001 proposed amendments; AR 25-015 decision, finding 7
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
Remington BESS (AR 25-015): applied June 30, 2025 for a 15-acre site on farmland zoned Exclusive Farm Use. Denied by the planning director (August 1, 2025), a hearings officer, and the Board of Commissioners (final decision April 8, 2026); the county found a battery is not a "utility facility necessary for public service." Ordinance 1480 was not applied because it came after the application. LUBA sustained every challenge to the bases for denial, including that finding and the county's farm-impacts requirement, and reversed (LUBA No. 2026-030, August 26, 2026). LUBA decisions can be appealed to the Oregon Court of Appeals. Under HB 4015 a local government cannot opt a project into state siting after its permit application is filed (ORS 469.320(8)(d)).
Sources
- LUBA No. 2026-030 — Remington BESS, LLC v. Marion County (final opinion, 2026-08-26) Oregon Land Use Board of Appeals
- Marion County — LA25-001 proposed code amendments (battery storage) Marion County
- Marion County — LA25-001 staff report (May 16, 2025) Marion County
- Marion County — AR 25-015 notice of decision (Remington BESS) Marion County
- Stoel Rives — LUBA confirms standalone battery storage qualifies as a utility facility in the EFU zone Stoel Rives
- Capital Press — LUBA ruling on the Marion County farmland battery facility (2026-09-04) Capital Press
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.