This page provides local governments and state agencies with resources to understand energy siting and permitting pathways, their authority to act, and ordinance best practices.
Planning and ordinance resources
Facing a battery energy storage system (BESS) application, or drafting an ordinance? Start with the three things that determine who has authority and use the checklist as standards below
The three permitting pathways
- Local government-led: Your city or county, through its own zoning, conditional-use permitting, SEPA review, and fire code.
- Department of Ecology Clean Energy: Washington’s coordinated clean-energy permitting and environmental review process
- Washington State Energy Facility Site Evaluation Council (EFSEC): Standalone BESS may opt into EFSEC’s “one-stop” certification based on RCW 80.50.
What to include when building a BESS ordinance
City and county planners can use this information as a framework or checklist for drafting or updating their jurisdiction’s ordinances to confirm nothing essential has been overlooked. Not every item is a local choice. Some requirements, such as the fire-safety standards, are set by Washington’s building and fire codes. A local ordinance references the codes and builds on them to create an ordinance that is genuinely local. There’s no single correct ordinance. Jurisdictions weigh these elements differently based on their local needs.
Expand each category below to see what it covers.
These requirements determine where a facility can be built and under what type of permit it needs.
- Siting and zoning approach: Identify where BESS are allowed, where they require a conditional use permit and where they are not allowed. Requirements may vary based on the size and type of system, such as residential, commercial or utility-scale.
- Setbacks and separation: Set minimum distances between a facility and nearby homes, schools, parks, waterways and property lines. Some Washington jurisdictions, for example, require utility-scale facilities to be at least 500 feet from residentially zoned property. Appropriate distances depend on local conditions and other safety measures required by the ordinance.
These requirements help keep the facility safe and prepare the community to respond if an emergency occurs. Some are already required by state law or national safety standards, even if they are not included in a local ordinance. See the codes and standards section on this page for more information.
- Fire and life safety: Require the facility to meet the Washington State Fire Code (WAC 51-54A-1207) and applicable national safety standards, including NFPA 855, UL 9540 and UL 9540A. Many of these requirments are already part of state code.
- Emergency response plan: Require a site-specific emergency plan developed with the local fire authority. The plan should address emergency access, water supply, responder training and how to safely shut down the system.
- Hazard mitigation analysis: Require the applicant to identify how the system could fail, the potential risks and the safety measures that would prevent an incident from spreading.
These requirements help keep a facility safe, insured, and properly maintained throughout its life from approval through removal.
- Planning for removal: Require a plan and funding to safely remove the facility when it’s no longer in use. This prevents the community from having to pay removal costs if ownership changes or the owner abandons the project.
- Insurance and liability: Require enough insurance to cover the potential costs of an accident or other incident.
- Operations, maintenance and monitoring: Require regular inspections, monitoring and reporting to help ensure the facility continues to operate safely.
These requirements cover environmental protection and the public’s role in the process.
- Environmental review: Applies a State Environmental Policy Act (SEPA) review, critical areas protections, and considers wildfire risk when deciding where to locate a project.
- Public notification and engagement: Defines who receives public notice and when and how often the community is engaged throughout the process.
Codes and standards
Local governments and state agencies can use these state codes and national standards when developing or updating requirements for battery energy storage systems (BESS).
Washington Building Code – Electrical Energy Storage Systems
Installation, operation, and commissioning of energy storage systems.
WAC 51-54A-1207
Washington Building Code – Lithium batteries
Lithium-in / lithium-metal battery provisions.
WAC 51-54A, Sec. 322
UL Solutions – Energy Storage System Testing and Certification
The Standard for Energy Storage Systems and Equipment
UL 9540
Model ordinances and external guidance
These model ordinances and guidance documents can help local governments develop or update BESS siting, permitting and safety requirements based on established practices and standards.
- Municipal Research and Services Center (MRSC)
- WA Energy Facility Site Evaluation Council (EFSEC)
- American Clean Power (ACP) Model Ordinance (2026)
- Pacific Northwest National Laboratory (PNNL)
Training and resources
Build local capacity
- Washington Department of Commerce – Energy Resilience Technical Assistance
- State Fire Marshal’s Office – First Responder Clean Energy Research and Training