The purpose and intent of this chapter is to establish a process for establishing and maintaining energy production and storage facilities in Lewis County. The standards are intended to protect the health, welfare, safety, and quality of life of the general public, to protect resource lands and rural character, and to ensure compatibility with land uses in the vicinity of these facilities.
(Ord. 1367 (Exh. C), 2025)
This chapter applies to uses listed in Chapter 17.42 LCC Table 2 for the primary purpose of producing or storing energy. Distribution of energy is considered an accessory use to energy production and storage. Noncommercial, on-site energy production and storage is exempt. Energy production and storage facilities that are not listed in Chapter 17.42 LCC Table 2 or prohibited within a specific zoning designation shall obtain a permit through the state of Washington to be sited in Lewis County.
(Ord. 1367 (Exh. C), 2025)
In addition to applicable standards found in Chapter 17.142 LCC, the following general standards shall apply to all energy production and storage facilities:
(1) 
Federal and State Requirements. All applicable federal and state requirements shall be met including but not limited to Water Rights, RCW Title 90; Southwest Clean Air Agency (SWCAA); Emergency Response and Spill Prevention Plan, Chapter 90.56 RCW; Washington State Department of Health; Chapter 70A.388 RCW Nuclear Energy and Radiation; and Geothermal Resources, Chapter 78.60 RCW.
(2) 
Fire Protection. All energy production and storage facilities shall have a Lewis County fire marshal approved fire management plan provided by the applicant prior to any county permit approval. Energy production and storage facilities, when applicable, shall use as zoning reference the following standards: National Fire Protection Association 1: Fire Code; National Fire Protection Association 70: National Electric Code; National Fire Protection Association 855: Standard for the Installation of Stationary Energy Storage Systems; National Fire Protection Association: ESS Fact Sheet; and the International Fire Code in order to ensure that the system installations are meeting safety best practices. Additional requirements may be required by the Lewis County fire marshal.
(3) 
Electrical Housing. All electrical equipment shall be safely and appropriately enclosed from unintentional access by means such as barrier fencing, equipment cabinetry or similar means. All access doors to electrical equipment shall remain locked unless access is necessary. Appropriate warning signage (e.g., electrical hazards) shall be placed on all electrical equipment.
(4) 
Screening. All energy facilities shall meet the screen standards in LCC § 17.142.205, except energy facilities on parcels zoned Major Industrial District (MID).
(Ord. 1367 (Exh. C), 2025)
In addition to the general standards in LCC § 17.127.040 and any other applicable standards, geothermal facilities shall meet the following standard:
(1) 
Any person proposing to drill a well or redrill an abandoned well for geothermal resources shall file with the Washington State Department of Natural Resources a written application for a permit to commence such drilling or redrilling.
(Ord. 1367 (Exh. C), 2025)
In addition to the general standards in LCC § 17.127.040 and any other applicable standards, hydroelectric and hydropower facilities shall meet all of the following:
(1) 
A fish passage plan shall be approved by Washington Department of Fish and Wildlife for all projects affecting stream flow.
(2) 
A flood hazard analysis shall be completed for facilities located within FEMA floodplain.
(Ord. 1367 (Exh. C), 2025)
In addition to the general standards in LCC § 17.127.040 and any other applicable standards, hydrogen facilities shall meet all of the following:
(1) 
All equipment associated with the facility shall be set back at least 1,000 feet from residential property lines, schools, and hospitals, and at least 500 feet from any water body or wetland.
(2) 
Storage tanks shall not exceed 15,000 gallons unless secondary containment is provided.
(3) 
Owners/operators of hydrogen energy production facilities shall complete and maintain an approved hazard materials management plan.
(Ord. 1367 (Exh. C), 2025)
In addition to the general standards in LCC § 17.127.040 and any other applicable standards, natural gas facilities shall meet all of the following:
(1) 
All equipment associated with the facility shall be set back at least 1,000 feet from residential property lines, schools, hospitals, and drinking water sources and at least 300 feet from public roads.
(2) 
Audible sound due to operations shall not exceed 55 dBA during the day and 45 dBA at night at the property line.
(Ord. 1367 (Exh. C), 2025)
In addition to the general standards in LCC § 17.127.040 and any other applicable standards, solar power production facilities shall meet all of the following:
(1) 
All equipment associated with the facility may occupy a single parcel, or combination of parcels under common ownership, of which at least one parcel shall be at least 10 acres in size.
(2) 
All equipment associated with the facility shall be set back at least 100 feet from any adjacent parcel where residential development is permitted.
(3) 
All equipment associated with the facility shall not exceed a maximum of 20 feet in height as measured from grade at the base of the equipment to its highest point during operation, as shown in Figure 1, except substations or transmission lines.
(4) 
Glare-resistant panels shall be required.
(5) 
Any disturbed areas that are not permanently occupied by equipment shall be revegetated.
Figure 1 - Solar Power Production Facility Equipment Maximum Height
(Ord. 1367 (Exh. C), 2025)
In addition to the general standards in LCC § 17.127.040 and any other applicable standards, wind farm facilities shall meet all of the following:
(1) 
In urban growth areas, except Major Industrial Districts (MID), wind turbines shall not exceed a total height of 75 feet as measured from the ground at grade level at the tower to the tip of the rotor blade when extended vertically and rotors shall not exceed 30 feet in diameter.
(2) 
Any tower shall be set back at least 1.2 times the total height, as measured from the ground at grade level at the tower to the tip of the rotor blade when extended vertically, from all outer property lines, unless an easement is secured from the adjacent property.
(3) 
Wind turbines shall be painted a nonreflective, nonobtrusive color. Small wind energy towers shall maintain galvanized steel, brushed aluminum, white or gray finish, unless FAA standards require otherwise.
(4) 
No wind turbine shall be artificially lighted, except to the extent required by the FAA or other applicable authority.
(5) 
No wind turbine shall be used for displaying any advertising except for reasonable identification of the manufacturer.
(6) 
Electrical controls, control wiring and power lines shall be wireless or underground after reaching grade from the turbine and extending away from the base of the tower. Wiring may be exposed vertically from the turbine to the base of the tower.
(7) 
Audible sound due to operations shall not exceed 55 dBA for any period of time, when measured at the outer property line of any abutting property. The sound level may, however, be exceeded during short-term events such as utility outages and/or severe windstorms. During operations, the project shall comply with applicable state noise standards.
(8) 
The rotor blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the rotor blades.
(9) 
The following safety requirements shall apply to all facilities:
(a) 
Wind turbine towers shall not be climbable up to 15 feet above ground level.
(b) 
All small wind energy systems shall be equipped with manual and/or automatic overspeed controls to limit rotation of the rotor blades to a speed below the designed limits of the system.
(Ord. 1367 (Exh. C), 2025)
In addition to the general standards in LCC § 17.127.040 and any other applicable standards, battery energy storage system (BESS) facilities shall meet all of the following:
(1) 
BESSs shall be constructed, maintained, and operated in accordance with applicable industry standards and best practices, including but not limited to National Fire Protection Association (NFPA) 855, Standard for the Installation of Stationary Energy Storage Systems, 2020 Edition, and subsequent editions; Underwriters Laboratories (UL) 9540A Edition 4-2019, Standard for Test Method for Evaluating Thermal Runway Fire Propagation in Battery Energy Storage Systems, and subsequent editions.
(2) 
BESS facilities and equipment shall be completely enclosed by a secure fence that consists of a fence at least eight feet high with a locking gate. A clearly visible warning sign shall be placed on the fence informing individuals of potential voltage hazards.
(3) 
BESS facilities and equipment shall not be used to display signs or advertising except for signs at ground level identifying the equipment manufacturer, the facility owner/operator, emergency contact information, and appropriate warnings as required by national, state and local laws.
(4) 
BESS and any related facilities or equipment shall meet all of the following:
(a) 
Be located at least 100 feet from any adjacent parcel and located at least 200 feet away from any adjacent parcel where residential development is permitted. BESS facilities that are adjacent to parcels where a substation is located are not required to be set back from the parcel containing the substation.
(b) 
Areas within 20 feet on each side of any BESS facility or equipment shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted; provided, that they do not form a means of readily transmitting fire.
(5) 
The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 55 dBA as measured at the outside wall of any nonparticipating residence or occupied community building. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard. State noise standards also apply.
(6) 
Operators of BESS facilities with total combined energy storage exceeding 600 kWh must complete a hazard mitigation analysis, utilize fire suppression designs and equipment, conduct fire and explosion testing in accordance with UL 9540A, develop emergency planning, and conduct annual training of maintenance staff.
(Ord. 1367 (Exh. C), 2025)
(1) 
At any time an energy production and storage facility is scheduled to be decommissioned or is abandoned or discontinued, the owner or operator shall notify the Lewis County building official and Lewis County fire marshal, or their designee. Upon discontinuation of use, the owner or operator shall physically remove all related structures and equipment within 90 days from the date of discontinuation of use. This period may be extended at the discretion of the Lewis County building official or their designee. The term "physically remove" shall include, but not be limited to:
(a) 
Removal of all above-grade structures and equipment.
(b) 
Restoration of the location of the energy production and storage facility to its natural condition, except that any landscaping, grading or below-grade foundation may remain.
(c) 
If any energy production and storage facility is not operational for a period of 12 consecutive months, the Lewis County building official or designee will notify the Lewis County code compliance officer, who may issue a notice of abandonment to the owner or operator of the facility. The owner shall have the right to respond to the notice of abandonment within 30 days of the notice receipt date. The Lewis County code compliance officer may withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides sufficient information to demonstrate that the facility has not been abandoned.
(d) 
If the owner fails to respond to the notice of abatement or if after review by the Lewis County code compliance officer it is determined that the facility has been abandoned or discontinued, the owner or operator of the facility shall remove all structures and equipment at the owner's sole expense within three months of receipt of the notice of abandonment. If the owner fails to physically remove the structures and equipment after the notice of abandonment procedure, the county shall have the authority to enter the subject property and physically remove the structures and equipment and to recover costs associated with that removal from the property owner.
(2) 
The site shall be restored within six months of removal. The owner of any energy production and storage facility shall demonstrate decommission assurances to Lewis County in the form of a surety bond or escrow account to cover the cost of removal in the event the facility must be removed by Lewis County. The intent of this requirement is to guarantee performance (not just provide financial insurance) to protect the public interest and the county budget from an unanticipated, unwarranted burden to decommission an energy production and storage facility. The proponent shall submit a fully inclusive estimate of the costs associated with removal prepared by a qualified Washington State licensed engineer that is accepted by Lewis County. The decommissioning funds shall be equivalent to 125 percent of the engineer's estimated cost for the purpose of guaranteeing completion of the work. The decommissioning assurance shall be reevaluated every five years to ensure sufficient funds for decommissioning and, if deemed appropriate at that time, the amount of decommissioning funds shall be adjusted accordingly.
(Ord. 1367 (Exh. C), 2025)