Oregon appeals board overturns ban on farmland battery project

The Oregon Land Use Board of Appeals (LUBA) has overturned a decision by Marion County that blocked a proposed 15-acre battery energy storage system (BESS) on farmland. The ruling determined that the county incorrectly applied legal requirements, stating it “has no basis to deny the application.”

The project, developed by RWE Clean Energy, was intended to support PacifiCorp’s renewable energy needs by storing electricity for use during peak demand in the Willamette Valley. Marion County had previously argued the system did not qualify as a “utility facility” under state land use law because it does not directly transmit or distribute electricity. However, LUBA disagreed, finding the system is more akin to a storage facility that “furnishes” electricity to users.

While the county had recently passed an ordinance banning such systems in exclusive farm use zones, the ruling noted the prohibition did not apply to this project because the proposal was submitted before the ordinance was enacted.