Dickinson council adopts battery energy storage rules, requires upfront third‑party review fees

The Dickinson City Council approved an ordinance to regulate battery energy storage systems (BESS) in the Unified Development Code and adopted an amendment requiring applicants to pay third‑party review fees before a review begins.

Staff told council the ordinance had been recommended by the Planning & Zoning Commission and that utilities permitting would require conditional use review under the UDC. Council members questioned how costly a third‑party review might be; staff said the ordinance includes a $5,000 fee and that developers would reimburse the city for third‑party review costs, though the exact amount had not been priced. A council member successfully moved to amend the ordinance to require that fees for third‑party reviewers be paid up front so the city would not need to chase reimbursement.

The motion to adopt the ordinance as amended passed on a voice vote. During debate, council asked staff and legal counsel to confirm that the UDC and conditional use permit process would be applied consistently across zones and to consider a clarifying text amendment if needed to require an up‑front retainage.