RENO COUNTY, Kan. – The Reno County Commission met for a special session Monday evening at the courthouse to discuss potential regulations for Battery Energy Storage Systems (BESS) and Data Centers. Despite lengthy debate, the commission failed to reach a consensus on new policies or conditions for either industry.
As a result, no specific guidance was provided to the Planning Commission, and the status quo remains in place. Future applications for these facilities will continue to be evaluated on a case-by-case basis.
Battery Energy Storage Systems (BESS)
The commission opened discussions on BESS regulations, but efforts to enact a ban in unincorporated, zoned areas failed in a 2-3 vote. Commissioners Randy Parks and Don Bogner voted in favor of the ban, while Commissioners Ron Vincent, Richard Winger, and Ron Hirst voted against it.
During the session, Commissioner Bogner expressed skepticism regarding the long-term effectiveness of regulations without a dedicated enforcement agency, while emphasizing the need for due process to avoid litigation.
Data Center Regulations
The agenda later shifted to data centers, where discussions focused on size limits and infrastructure impacts, including concerns over noise, power usage, and resource management.
Commissioner Parks proposed a motion to prohibit hyperscale data centers-defined for this purpose as facilities exceeding one acre-in unincorporated, zoned areas of the county. The motion failed in a 2-3 vote, with the same split as the BESS discussion. Commissioner Winger noted that data centers in other regions, such as Wichita, operate successfully without significant community disruption, while Commissioner Hirst argued that strict size caps could effectively ban the industry entirely by rendering facilities economically unfeasible.
Jurisdiction and Next Steps
It is important to note that the authority of the County and Planning Commissions is limited to unincorporated, zoned regions of Reno County. Residents within Hutchinson city limits remain under the jurisdiction of the Hutchinson City Council.
With the commission providing no new guidelines, the Planning and Zoning Commission will continue to handle applications on a case-by-case basis. Before any final determination is sent back to the County Commissioners, the Planning and Zoning Commission is required to hold a public hearing. Once a recommendation is submitted, the County Commission retains the power to accept, reject, or amend it, though any modification or rejection would require a supermajority vote.
