Planning staff reports rise in code cases and permitting; proposed BESS setback increase discussed

Planning staff presented the department's 2025 annual report to the Marshall County Plan Commission on Feb. 26, citing higher enforcement activity, continued case work and strong permitting demand.

Staff said roughly 70 new code cases were opened in 2025, some cases remain open and the county has pursued legal action in four matters. The report referenced fines and judgments previously recorded (staff cited a total near $174,000 in 2024 fines) and noted the county paid approximately $19,700 to clean one problem property. Staff said it is exploring options to control cleanup costs, including working with community corrections and assembling a vendor list to encourage competitive bids.

Permitting activity was strong: staff reported 1,119 improvement-location permits issued and a total valuation near $174.5 million for the reporting period, a high in the last 15 years. Staff said the office is working to consolidate putative cleanup properties into bid packages and expand notice to potential contractors beyond the classified notice currently used.

Commissioners also previewed a proposed amendment to the county's BESS (battery energy storage system) ordinance. Staff said the commission would be asked to consider increasing a proposed setback between BESS facilities and neighboring residences; the draft change under discussion would raise the setback to about 1,320 feet, up from a 1,000-foot proposal. One commissioner noted the county's expert committee had recommended setbacks in the 500'to'750-foot range and questioned the rationale for the larger buffer.

Staff emphasized the annual report was for review and not action by the Plan Commission. The BESS ordinance modifications will return to the commission next month for further consideration and formal action after appropriate advertisement and review.