Considering battery storage on your Fayette County land?

Find out what the county letter does—and does not—settle

Fayette County’s zoning information letter says it does not have zoning authority over the private use of property in unincorporated areas, while noting exceptions. It also places responsibility on the owner or designated representative to research deeds, subdivision rules, recorded restrictions and easements.

That is a reason to check the property records, not a reason to skip development review. The same letter says owner applications and fees may be required for new or existing structures under applicable regulations. Its statement that the county does not issue occupancy letters should not be treated as permission to build.

First confirm whether the proposed equipment and any supporting work are within a city or in the unincorporated county. A Fayette County mailing address is not enough to settle that question. The line route or entrance may also involve land outside the proposed battery area.

Give the company copies of restrictions or easements you already have, and ask it to explain any rights it still needs. A county determination cannot supply a private access right that the developer does not hold.

Reference: Fayette County: zoning and occupancy information letter · Fayette County: information for landowners outside municipal boundaries

Understand your part in the development application

The posted development instructions specifically call for the property owner, rather than an agent or representative, to contact the floodplain office before development in the unincorporated county. Their examples go beyond buildings: driveways, poles, fencing, culverts, fill and certain creek-clearing work are included.

Before signing, ask for one description of the complete project. It should show the equipment, roads, grading, drainage work and electrical route. An application describing only the containers can leave you unsure what the company intends to do elsewhere on the property.

The packet distinguishes Class A work outside the identified flood area from Class B work within it. The scanned order also describes another permit class for certain development. Have the floodplain administrator confirm the classification for the proposed work; the paperwork reviewed here is not a battery-specific approval checklist.

The application has owner acknowledgments about flood risk and inspections. It also incorporates the submitted plans into the permit. Read those statements and attachments as part of the project, and have the company explain who prepares accurate information, pays for studies and handles changes.

An early conversation about your land does not require you to sign this packet. Keep permission for a particular site visit or study separate from a permit signature, construction permission or a long-term option.

Reference: Fayette County: proposed development application and instructions · Fayette County: flood damage prevention regulations effective July 3, 2017

Settle responsibility for the entrance before it is changed

The county’s posted driveway standards, effective June 3, 2019, cover access to private and commercial properties in unincorporated areas. They say driveway and culvert installation must wait for a signed permit from the commissioner of the precinct where the property is located.

These standards put installation, maintenance and repair costs on the property owner. They also allow the county to require changes for road maintenance, drainage or public safety. An existing driveway is not automatically a county-maintained entrance.

The attached permit asks the grantee to accept continuing compliance and hold-harmless terms. Have the company explain whose name will be on that permit and how its agreement will cover project construction, damage, upkeep and required modifications. A promise by the company to pay does not erase obligations in county paperwork.

If you use the entrance for farming, a residence or another part of the property, show those uses on the plan. Discuss delivery traffic, a widened entrance, gates and how you will get through during construction. Identify who repairs damage and what happens if the project is delayed or sold.

The standards also allow removal of an installation that causes a road, drainage or traffic problem, with corrected replacement at the owner’s expense. That makes the design and the company’s continuing responsibility worth settling before the first truck arrives.

Reference: Fayette County: driveway standards and county right-of-way permit

Review runoff and access together

Mark the places where water collects or crosses your property, including the entrance and any low crossing. Have the developer assess the effects of its fill, roads and drainage work on the proposed site and the land around it.

The reviewed flood order considers access for ordinary and emergency vehicles during flooding, possible harm to other land and changes to natural drainage. Keeping equipment on a high area does not settle whether its entrance will remain usable or whether runoff will be redirected.

The order preserves existing easements, covenants and deed restrictions. It also warns that land outside mapped flood hazards and permitted uses are not guaranteed free from flooding. Ask for the actual review of the proposed work rather than rely on a general map or a statement that the parcel is outside the floodplain.

The development packet requests plans, survey information or engineering documentation as applicable. Agree who obtains and pays for what the county requires. The retained land, shared route and drainage features should stay part of that discussion as the layout changes.

Reference: Fayette County: floodplain management and current document links · Fayette County: flood damage prevention regulations effective July 3, 2017 · Fayette County: proposed development application and instructions

Have a proposed land division and utility needs checked

If the deal would divide the tract, take that proposed arrangement to the county before assuming an exception applies. The posted subdivision rules, revised June 25, 2026, contain conditions for platting and exceptions. They also address access to resulting tracts and documentation of roads, drainage and utilities.

The two-page subdivision fact sheet asks about new roads, public or private use, existing infrastructure, agriculture or ranching, tax status and deed restrictions. It asks the subdivider to sign. These questions should reflect the actual arrangement, including the property you plan to retain.

The reviewed rules require a written determination of plat approval or inapplicability before a utility serves or connects subdivided land. That determination is separate from the studies and permission a battery needs to connect, charge and discharge. Ask the company to identify the proposed connection and any additional line or easement route.

Where public infrastructure is to be dedicated, the rules call for drainage review at the applicant’s cost. They also describe a particular private-road arrangement with a recorded warning about county acceptance and maintenance. Find out which arrangement is proposed and who will maintain the road; do not assume dedication or a plat transfers every upkeep duty to the county.

Tell the company about existing wells, pipelines and lines, even if they are outside the fenced area. If it proposes using a well or adding water or wastewater facilities, ask it to obtain the applicable review. The county’s landowner letter flags well registration and permits, but no determination about a particular well has been made here.

Reference: Fayette County: subdivision regulations revised June 25, 2026 · Fayette County: subdivision plat application fact sheet · Fayette County: information for landowners outside municipal boundaries · Fayette County: wastewater and subdivision document links

Tell us where the land is and what you need to keep using

Send Sunland the property location and your contact details through the form on this page. A street address, parcel reference or a description using nearby roads can start the conversation. Let us know whether you would consider a lease, a sale or a portion of the property.

Include anything that matters to the way you use the land: a shared driveway, drainage problem, well, existing line, farm road or recorded restriction. You do not need to commission a survey or fill out a county application before asking about the property.

We can discuss the possible area and the checks a proposal would need. Sending an inquiry does not authorize a site visit, sign owner paperwork or commit you to a deal. Those permissions and terms would be addressed separately.

Reference: Fayette County: information for landowners outside municipal boundaries · Fayette County: subdivision plat application fact sheet