BESScheck

Battery storage rules: Marion County, OR

Last checked against primary sources: October 23, 2026

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

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

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