Battery storage on your James City County land? Look beyond the battery area.

Find the cases that make up the whole proposal

The county’s October 7 hearing materials identify Pelican Energy Storage’s battery proposal at the former BASF property as SUP-26-0019. They identify a separate substation and switchyard case, SUP-26-0029, and subdivision item S-26-0020. Staff recommends approval with conditions; the materials are not a final approval receipt.

For a proposal on your land, ask the developer for every relevant case number and a short explanation of what each application covers. A statement that the batteries are moving forward may leave a connecting facility or a land division unresolved.

Request a drawing that ties the cases together. It should show which parcel contains the batteries, which contains connecting equipment and how crews would reach both. Include any off-site route that the company needs.

Then ask which decisions have actually been issued. Keep recommendations, hearing dates, preliminary approvals and final approvals in separate parts of your records. Ask for the decision document and its conditions when the company reports an approval.

Another project’s special use permit does not establish the classification or review route for yours. Confirm the complete proposed use and parcel with the county before assuming that a similar-looking proposal follows the same process.

Reference: James City County: SUP-26-0019 staff report for the October 7, 2026 hearing · James City County: October 7, 2026 Planning Commission agenda

Land you keep can still be part of the project’s access

The staff report describes BASF retaining southern land, areas subject to restrictions and monitoring, and the property containing the primary access road. It describes the proposed substation as separately platted and owned. Those are details of that proposal, rather than a recommended arrangement for every owner.

If you would retain part of your property, ask whether the battery company needs to cross it for deliveries, maintenance or emergencies. A retained parcel may still carry significant access obligations even though it is outside the battery enclosure.

Identify everyone who would use the entrance. A battery operator, utility and your own tenants may need different access at different times. Ask who controls the gate, who maintains the road and who restores damage after heavy deliveries.

Mark the access you need for your remaining land. Discuss farm equipment, business deliveries and any seasonal restrictions. Make sure the proposed project entrance does not become the only practical route to a part of the property you intended to keep using.

Review permanent access separately from a temporary construction area. Ask for the limits of each right, permitted activities and restoration dates in the agreement. The fact that a route appears on a project drawing does not explain its private terms.

Reference: James City County: SUP-26-0019 staff report for the October 7, 2026 hearing

Ask what stays after the batteries leave

The separate substation staff report describes a proposed utility lot that could serve other properties. Its proposed conditions differ from the battery conditions: the substation attachment does not include the battery document’s removal-plan and surety clauses. These are proposed documents for separate cases, rather than a complete statement of anyone’s restoration obligations.

For your land, ask the developer to list each piece of equipment and the company that would own it. Include the substation, poles, cables, drainage improvements and roads. Ask which items would be removed when the battery lease ends and which might remain in service.

If connecting equipment would stay, have your adviser review the rights that would continue with it. Could crews still cross your remaining land? Would you be able to move an entrance or build near the route? Ask whether ending the battery agreement would also end those rights, or whether a separate document controls them.

Ask who would pay for repairs and eventual removal of each improvement. A promise to restore the battery area may leave another company’s equipment or access road outside that promise. Request a clear boundary drawing and responsibilities that match the actual agreements.

Discuss what happens if the battery company and utility have different schedules. One might finish construction first or continue operating after the other stops. Your payments, access and restoration expectations should be clear for both situations.

Reference: James City County: SUP-26-0029 substation staff report for the October 7, 2026 hearing · James City County: proposed conditions for SUP-26-0029

Check how old restrictions affect new work

The staff report says the former industrial site has restrictive covenants and continuing monitoring associated with remediation. That is a description of the named site. It is not a finding that another industrial property is suitable for batteries or that its restrictions have been cleared.

If your property has cleanup records, monitoring wells or recorded restrictions, collect them before discussing a site layout. Ask the project team to identify which work could affect those obligations, including excavation, drainage, roads and underground cables.

Have your adviser compare the proposed rights with the documents that govern the land. A developer’s statement that a battery project is a low-impact use does not answer whether a particular disturbance or activity is allowed.

Discuss who would coordinate monitoring access while construction is underway. A fence or new road should not leave you unable to meet a continuing obligation. Ask who would pay if the design needs to change to preserve that access.

Keep the existing obligations distinct from promises about future project restoration. Removing the batteries may not end a separate monitoring or cleanup responsibility. Ask which party remains responsible after construction, a project transfer and eventual closure.

Reference: James City County: SUP-26-0019 staff report for the October 7, 2026 hearing

Preliminary plan approval still leaves work to finish

The county’s site-plan page explains both administrative and Development Review Committee review. It describes conditions or deficiencies that must be addressed before final approval. Its submission guidance includes the site layout, drainage, utilities, landscaping and other applicable information.

Ask which review route the county has assigned to your proposal and what remains unfinished. Request the latest comments and a plain explanation of any design changes they require.

Compare those changes with the area described in the land agreement. A revised drainage design, access route or buffer may use additional land. Ask whether the company needs your approval to expand the requested area and how that change would be documented.

Check who handles required notices and correspondence. Ask for copies of submitted plans and official responses so you can track what is being proposed in your name or on your land.

A condition requiring another plan before final approval is still an open task. Ask who prepares it, who approves it and whether that work fits inside the option period the developer is requesting. Do not assume a favorable preliminary review means construction can begin.

Reference: James City County: site-plan review and approval stages

County removal funding and your private protection need separate review

The proposed battery conditions call for a removal plan, an enforceable agreement and surety posted with the county before final site-plan approval. They also address later cost reviews, removal after prolonged inactivity and an exception for repowering. These are proposed terms for SUP-26-0019, not established countywide requirements or evidence that funding has been posted.

For your agreement, ask who is responsible for removal and what land condition must be restored. Include underground components, drainage facilities, access roads and improvements you may want to retain.

Ask your adviser how county security would work alongside your private agreement. Who can make a claim? What work does it cover? What happens if the project company fails, and would you have a separate right to require repairs or removal?

Discuss how the estimate would be updated. Removal costs can change as the layout or equipment changes. Ask who pays for revised estimates and whether a project transfer could leave a gap in the promised security.

If the operator plans to replace or upgrade equipment, ask what that means for your agreement. Would there be another construction period, a new lease term or different access needs? The ability to continue a project should not leave you guessing about payments and restoration.

Reference: James City County: proposed conditions for SUP-26-0019

A county construction deadline does not set your rent

The proposed conditions define construction commencement by land disturbance under a county permit and contemplate a deadline after SUP issuance. They also require construction traffic and mitigation planning before final site-plan approval. These are proposed public conditions, not a definition of when a private lease payment starts.

Compare the developer’s construction explanation with the event named in your agreement. Clearing, grading, utility work, delivery of batteries and operation can happen at different times. Ask which event starts the lease term and the payment you expect.

If another facility or approval delays the batteries, ask what you receive while your land remains committed. Discuss paid extensions and a definite ending point rather than relying on a forecast in the application.

Ask for a construction access plan that covers your own use of the property. Identify delivery routes, staging, parking and the person who will resolve access problems. Discuss repairs after deliveries as well as restoration at the end of the project.

When the company requests more time, ask which task caused the delay, who is responsible and what the revised plan is. A longer county deadline does not by itself change your option deadline, and a county extension is not an explanation of the private terms you are being asked to accept.

Reference: James City County: proposed conditions for SUP-26-0019

Send the location and tell us what you would keep using

Start with your name, email and phone number, then the property location. James City County and Virginia are selected in the form and can be corrected. Acreage and a parcel number are optional for the first inquiry.

Mention the current use, any existing offer or application and the land or access you would want to retain. If you have a drawing or case number, include its name in your message.

You can contact Sunland America before you have engineering plans. The first inquiry gives us a starting point for further review; it does not establish approval, connection capacity or a commitment to lease or sell.