A recent Oregon Land Use Board of Appeals (LUBA) decision could significantly affect the siting of standalone battery energy storage systems (BESS) on exclusive farm use (EFU) land. In Remington BESS, LLC v. Marion County, LUBA reversed Marion County’s denial of a proposed 199 MW BESS project and provided important guidance on how Oregon counties must evaluate these facilities under state land use laws.
Summary
The central issue was whether a standalone BESS qualifies as a “utility facility necessary for public service” under ORS 215.283(1)(c). LUBA rejected Marion County’s position that a utility facility must directly deliver electricity to customers, concluding that a standalone BESS can qualify because of its role within the utility system.
The decision also provides guidance on the reasonable alternatives analysis under ORS 215.275(2), emphasizing that the focus is on whether a viable non-EFU alternative exists. In addition, LUBA held that the farm impacts test under ORS 215.296 does not apply to utility facilities that are permitted outright under ORS 215.283(1).
Key Takeaways
- A standalone BESS can qualify as a “utility facility necessary for public service” under ORS 215.283(1)(c).
- Counties must evaluate reasonable alternatives by determining whether a viable non-EFU site exists, rather than simply questioning the suitability of the proposed EFU site.
- The farm impacts test under ORS 215.296 does not apply to utility facilities permitted outright in the EFU zone.
Read the full article for additional analysis of LUBA’s decision and its potential impact on BESS siting and utility facility approvals on EFU land across Oregon. You can read the full case here: Remington BESS, LLC v. Marion County, LUBA No. 2026-030.