Guide to County Regulation of Renewable Energy and Data Center Projects
The issues and concerns surrounding a county’s role in regulating renewable energy, battery energy storage and data center projects are complex.
From a policy perspective, communities across the state are struggling with questions surrounding whether such projects have a place in their long-term land use plans and, if so, where the projects should be located. From a regulatory perspective, state law has preempted county regulation of large-scale solar and wind projects, but left battery energy storage and data center projects to local governments to regulate.
Finally, from a legal perspective, there is a need to address a county’s regulatory response in a reasonable fashion to ensure that any measure of regulation is legally defensible and avoids difficult litigation.
While the WCA is happy to engage with its member counties on policy issues surrounding these projects and has encouraged the state to work with local governments on a strategic plan for the projects, the WCA’s most immediate concern is ensuring counties are provided with resources to guide the discussion on the appropriate legal means by which to regulate the projects.
Therefore, the WCA and its General Counsel, Attolles Law, s.c., created this Guide to County Regulation of Renewable Energy and Data Center Projects. The Guide consists of the following:
- The issue paper the WCA Board of Directors adopted at its August 28, 2026,
- meeting
- The template Local Operating Agreement
- The template Battery Energy Storage Systems Ordinance
- The template Data Center Notice Ordinance
- The template Data Center Ordinance
Find the full Guide to County Regulation of Renewable Energy and Data Center Projects here.
Questions?
Please contact WCA at 866.404.2700.