Fairfax County, Virginia, advanced a zoning ordinance amendment that would for the first time define and regulate large-scale battery energy storage systems (BESS). The Board of Supervisors scheduled public hearings on the measure for Feb. 25, 2026, (Planning Commission) and March 17, 2026, (Board of Supervisors). Businesses considering a potential BESS site should be aware of the specifications of the proposal.
The proposal would create a BESS use definition, add new submission and operational standards, and narrow where principal-use BESS can locate. Most principal BESS facilities would require a special exception, while smaller or in-building systems tied to another primary use would be treated as accessory uses. The county’s staff summary and draft text are available on the BESS amendment page.
Substantively, the amendment would apply to facilities over 600 kW and would add countywide standards such as minimum setbacks and a required noise study before site plan approval. Principal-use BESS would generally proceed by special exception and would be prohibited in residential and mixed-use districts unless co-located with solar panels or an electrical substation. Systems below the threshold or located inside a building to serve another primary use, such as a data center, would be regulated as accessory uses. For the county’s staff report, see the “Revised Staff Summary & Draft Text” posted on the BESS amendment page.
McGuireWoods can help assess applicability to specific parcels, permitting pathways and strategies for public hearing readiness. Businesses evaluating a potential BESS site, co-location with solar or substations — or assessing whether an in-building system remains accessory under the 600 kW threshold — can contact the McGuireWoods data centers and land use teams.