Battery storage rules: Virginia

Last checked against primary sources: October 27, 2026

Your city or county decides where battery storage can go, through its zoning: a locality may grant a special exception for an energy storage project or allow it by right. The Virginia Statewide Fire Prevention Code (2021 International Fire Code) and Uniform Statewide Building Code (2021 International Building Code) have applied since January 18, 2024: the building code applies the International Fire Code's energy storage section when a system is built, and the state fire code covers its operation and maintenance. A 2026 law has the Department of Energy develop model ordinances, "suggested for use by localities," by December 1, 2026, with minimum safety standards based on the most recently published NFPA 855.

No statewide pause

There is no statewide moratorium, and the Code of Virginia sets no zoning setbacks for battery storage; localities decide through their zoning. Ask your city or county what applies.

Fire and building codes in force

Virginia Statewide Fire Prevention Code (2021 International Fire Code) and Uniform Statewide Building Code (2021 International Building Code), both in force since January 18, 2024
The building code applies the International Fire Code's energy storage section when a system is built; the state fire code covers its operation and maintenance; a locality may require an operational permit for energy storage systems
The local building official inspects construction; the local fire official enforces the fire code where the locality has adopted enforcement (in full or in part), otherwise the State Fire Marshal
In Group R-3 and R-4 homes, each individual energy storage unit is limited to 20 kWh unless otherwise approved under the building code (SFPC 1207.11.4)

How a project is permitted

Local zoning: a locality "may grant a special exception ... for an energy storage project" or allow it by right (Va. Code §15.2-2288.8). Storage sized up to the solar nameplate on a parcel that already has a solar special exception is a permitted accessory use needing no further local land-use approval, but must meet all applicable federal, state, and local safety or fire codes and environmental regulations (§15.2-2316.10). Ask your office: is battery storage allowed in my zone, by special exception or by right? Does my locality enforce the fire code itself, and does it require an energy storage operational permit?

Legislation

HB 895 / SB 448 (2026, Acts chapters 694 and 695): model local ordinances for energy storage (enacted): Has the Department of Energy develop model ordinances "suggested for use by localities" by December 1, 2026, with minimum safety standards based on the most recently published NFPA 855 (Va. Code §45.2-2200). The Department of Energy's site showed none as of October 27, 2026. Va. Code §45.2-2200

Storage in this place

Storage targets (Virginia Clean Economy Act, Va. Code §56-585.5 E): each "Phase I Utility" must petition the State Corporation Commission for approval of 780 MW of short-duration storage by December 31, 2040; each "Phase II Utility", 16,000 MW by December 31, 2045 (the statute's terms).
EIA Form 860M (September 2026): 5 operating battery plants in Virginia totaling 230.6 MW, and 13 planned totaling 237.0 MW, 10 of them under construction (EIA covers plants of 1 MW or more).

Places within

Fairfax County, VA — battery storage zoning in effect since March 18, 2026
Chesapeake, VA — a battery storage permit application withdrawn; rules being updated

Sources

Va. Code §45.2-2200 — model ordinances for energy storage Code of Virginia
Va. Code §15.2-2288.8 — special exceptions for solar and energy storage Code of Virginia
13VAC5-52-30 — Statewide Fire Prevention Code adoption Virginia Administrative Code

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.