Gillespie County has issued formal Stop Work Orders against the Rogers Draw Battery Energy Storage System (BESS) project in Harper, Texas. The county determined that construction began without necessary approvals and failed to comply with local, state, and fire safety regulations.
Key Violations Cited
- Floodplain Violations: The County Engineer halted construction because work began inside a floodplain without required studies, permits, or FEMA reviews.
- Fire Code Non-Compliance: The County Fire Marshal ordered all work to stop due to a lack of fire safety plans and failure to comply with NFPA 1 and NFPA 855 standards. No battery deliveries are permitted in the county until these requirements are met.
- Public Safety Resolution: The Commissioners Court passed a resolution requiring detailed technical documentation on fire risks, toxic smoke, and hazard mitigation. Officials highlighted concerns regarding prevailing winds carrying potential toxic smoke toward Harper ISD and a local preschool, as well as the project’s proximity to the Pedernales River.
Continued unauthorized work faces daily fines, misdemeanor charges, or potential felony liability.
Community Impact & Next Steps
- Immediate Halt: All site work, utility installation, and equipment deliveries must stop legally.
- Local Enforcement: Local authorities are actively enforcing public safety standards and floodplain laws rather than deferring to developers.
- Shifted Burden of Proof: The developer must now provide extensive engineering studies and fire modeling to prove the facility’s safety before moving forward.
- Precedent for Future Projects: This enforcement establishes a strict regulatory framework for any future large-scale energy storage projects in Gillespie County.