What land rights would an El Paso County battery project need?

Confirm which offices cover your actual tract

An El Paso mailing address does not tell you whether the property is inside a city or in an unincorporated area. Start with the parcel and proposed equipment location. Ask the company to identify the municipality, county responsibilities and fire district for that location, including the access route.

The county permit page directs owners to confirm municipality boundaries and points to Emergency Services Districts 1 and 2 for building guidance. Its statement that the county does not issue building permits does not settle every approval needed for work on the land.

Both fire districts publish review procedures. ESD 1 describes an appointment before plan-review intake. ESD 2 describes review of plans before a fire-code permit and a final inspection process. Ask the district covering the tract how the proposed outdoor battery equipment, access and any buildings would be reviewed. The general building guidance is not a complete battery checklist.

The current county Planning and Development page lists (915) 273-3330. Give the office the actual location and scope of work when confirming routing. Have the company keep the applicable guidance and approvals with the project records, rather than relying on a statement that the site is “outside the city.”

Reference: El Paso County: Planning and Development · El Paso County: permit responsibilities and district routing · El Paso County ESD 1: fire plan review and construction · El Paso County ESD 2: Fire Marshal Division

Understand why the company wants exclusive land rights

If El Paso Electric is the proposed transmission provider, ask the company to explain how its land request fits the utility’s site-control requirements. The posted document describes exclusive rights to develop, construct, operate and maintain a generating facility. It recognizes ownership, leasehold rights, an option and other evidence that meets its conditions.

The document addresses battery storage specifically. It also discusses the expected operating term, connected tracts or access easements between them, and a map showing the proposed connection point and facility within the controlled land. These requirements concern evidence for the utility process; they do not determine the rent or other commercial terms you should accept.

Ask which company would hold the rights and which company would submit the interconnection request. The posted requirements address that relationship and say the utility is not obliged to accept site-control documents held in a different entity’s name. Understand any proposed assignment and who remains responsible for payments and restoration.

Put the exact area on the agreement’s map. Identify whether access, drainage, a switching station or an electrical route needs additional land. Ask what exclusivity prevents you from doing during an option period, when the company must decide to proceed and what happens if it does not.

A utility acreage allowance is not a finished site layout or a county fire-safety standard. Ask for a drawing that accounts for the proposed equipment and all supporting work. Review the rights being requested with your own adviser before granting them.

Reference: El Paso Electric: posted site-control requirements · El Paso Electric: transmission generator interconnection

Treat the county-road entrance as a separate question

The posted driveway order applies to access to public county roads in unincorporated areas. It describes permit requirements for driveways and associated review. If the company plans a new entrance or changes an existing one, ask who owns the road and which authority must approve that work.

The order also addresses circumstances where continued access can be restricted, including traffic problems and damage or interference within the road right of way. It refers to owners and lessees. Ask how construction deliveries, tracked dirt, drainage changes and road repairs would be handled before heavy vehicles arrive.

The accompanying drawing distinguishes residential and commercial or industrial entrances. The actual battery proposal needs its own engineering and authority review. Do not rely on a residential driveway detail as proof that an entrance is suitable for the project.

Have the company map the complete route from the public road to the equipment. An entrance permit does not establish private access rights across neighboring land. Keep your own access, gates, fencing and repair arrangements clear in the land agreement.

Reference: El Paso County: posted driveway permit order and drawing · El Paso County: permit responsibilities and district routing

Ask what is required after the county agrees with the drawings

The county’s improvement-plan flowchart shows several stages: completeness review, comments, revised submissions and a concurrence letter for construction drawings. It then shows additional documents and different routes toward starting construction. Agreement on a drawing should not be described as permission to begin all work.

The chart asks whether improvements will be dedicated to the county. That answer changes the next steps. It also shows a branch for minor improvements approved by the county engineer, and a preconstruction meeting for the other dedication branch. Ask the project engineer which route applies and what written authorization remains necessary.

The flowchart also shows a floodplain permit before concurrence where applicable. Separate state or other required documents appear later in the process. Ask for a list of outstanding items, who will provide them and how they affect the planned construction date.

If the layout changes, ask whether the engineer must revise the county plans or other approvals. Your agreement should also explain when an enlarged equipment area, a different entrance or new drainage work needs your approval. County review and your consent serve different purposes.

Reference: El Paso County: improvement-plan approval flowchart · El Paso County: Development Services

Look at the drainage work beyond the battery fence

The county’s posted floodplain application asks for the size and location of the proposed development, a site plan, the flood-map zone and panel, and whether the work is in an identified floodway. Filling is one of the listed work types. Ask the engineer to show the proposed grading and drainage as well as the equipment.

The form is marked as revised in 2012 and refers to a separate Flood Damage Prevention Order. Confirm current requirements with the county for the actual work. This guide does not determine a parcel’s flood status, an allowable elevation or whether a proposed battery layout can be approved.

For your own review, ask where water would go after the work, which parts of your retained land would be affected and whether another owner’s land or a recorded drainage right is involved. Establish who obtains any additional rights and maintains the improvements.

The application expressly says it does not create county liability for flood damage resulting from reliance on it or a lawful administrative decision. County paperwork should not replace the company’s commitments about damage, repair and ongoing maintenance on your property.

Reference: El Paso County: posted floodplain development permit application · El Paso County: Development Services

Keep ordinary utility service separate from the battery connection

The county’s posted certificate-of-plat-compliance procedure specifically addresses residential properties outside incorporated municipalities and their utility service. It discusses water, sewer or septic evidence before residential electrical or gas service. Those instructions should not be copied into a battery project connection checklist without confirming what applies.

El Paso Electric has separate transmission generator-interconnection and distribution-interconnection pages. Its transmission page includes application routes, a queue and site-control requirements; its distribution page includes a pre-application route and Texas technical requirements. Ask the company which utility and process cover its proposal.

An existing household meter or a nearby line does not prove that the proposed battery can connect at the requested size. Ask for the proposed connection point, current study stage and any line, station or easement work that could change the land needed or schedule.

Before accepting a deadline based on a queue window or study, ask what the company actually needs from you at that stage. Agree on option payments, extension limits and the outcome if the connection does not proceed. A county certificate or signed land agreement does not guarantee grid capacity.

Reference: El Paso County: residential certificate of plat compliance procedure · El Paso Electric: transmission generator interconnection · El Paso Electric: distribution interconnection · El Paso Electric: posted site-control requirements

Send the property location to begin a conversation

Use the form here to send Sunland your contact information and the El Paso County property location. A parcel reference, address or map location can help us understand the tract. Tell us whether you would consider a lease or sale and which area you have in mind.

Mention a shared entrance, a private road, known easements, flood or drainage concerns, or an existing agreement with another company. Tell us which land and uses you want to keep. You do not need to prepare engineering drawings or file a permit before making an inquiry.

An inquiry starts a discussion about the property. It grants no access or exclusive rights and does not approve a project. Any later land proposal would need its own review of the layout, terms, local requirements and electrical connection.

Reference: El Paso County: Planning and Development