Your BESS Permit Is Approved. Your Trucks Still Can't Get In

Getting the building permit approved does not mean you can build. On two Texas BESS sites this fall, the fire marshal signed off and crews still could not roll, because a second approval, the driveway permit, controls how trucks reach the site. Here is what actually releases a start date, and how to schedule around it.

Where do BESS permits actually come from in Texas?

They come from several offices, not one, because most BESS sites sit in unincorporated county land. Texas counties have no zoning, so developers go outside city limits, and then work with the county, the fire marshal and whoever owns the road.

The building permit is usually issued by the county fire marshal, or by the county and fire marshal together. It covers what you build, fire access and water.

The driveway permit covers the access point onto the road. It comes from the county or from TxDOT, depending on which road your site touches.

Some counties also require a separate permit for grading, drainage and erosion control. Some do not. Find out early which kind of county you are in.

A fire water tank is often a separate approval from the fire marshal, even when the building permit is already in hand.

What does an approval "with comments" actually let me do?

It can let you start, but only when someone tells you so in writing. On one site the fire marshal approved the plans with conditions attached: a 30,000 gallon water tank, an all-weather fire lane, a Knox padlock and 48 hour notice before inspection.

The developer wanted to hold an equipment delivery date in mid November, so the question went back in writing. Must revised plans be approved before we build, or can the comments be checked at inspection?

The answer came back by email: yes, start construction. The permits were active and the as-builts were to be uploaded later.

That email is the thing that protects you. Until it exists, an approval with comments is not a release.

Which permit sets the date my crews can mobilize?

The road owner sets it. That is the county for a county road and TxDOT for a state highway, and on our two sites the two tracks were weeks apart.

The county road site was approved: concrete, 24 feet wide, with a pre-pour inspection. Filing that request early paid off.

The state highway site was still in review. Comments covered spacing, ditch drainage, a traffic form and a survey, and any temporary access had to sit inside the final driveway footprint.

On a TxDOT permit, expect to explain trip generation. These are remote controlled sites with less than one trip per day on average, but TxDOT needs that spelled out. They will not assume it.

A residential driveway next to the site does not count. Texas permits commercial driveways differently, and one site solved it by moving 450 feet down the road to a new access point.

We cover the access question in more detail in a separate post on getting from BESS permit approval to construction and in our work on site assessment before construction starts.

Typical review times, so you can back into an equipment date: county driveway permits run 2 to 4 weeks, TxDOT state highway permits 4 to 8 weeks, fire tank approvals 4 to 8 weeks. A fire marshal deep in the code can hold a building permit past 12 weeks. County grading review ranges from about 2 weeks to 12 or more.

What happens if the batteries ship before the driveway is approved?

The EPC carries it first, with trucks and no legal way in. Those crews and that equipment sit on standby, and standby turns into change orders.

The developer pays in the end: change orders, idle equipment and schedule. The delivery date may be fixed, but the access date was never checked against it.

The fix is not a race to the finish line. Put permit issuance into the construction schedule beside the equipment delivery, not after it.

What do I do about water if the site has no service?

Plan for a tank. Neither of our sites had water service, and the fire marshal required an aboveground tank holding 30,000 gallons at each one.

The batteries are self contained and have their own internal fire suppression, regulated at the state level. The tank is the fire marshal's call, usually an NFPA 1142 tank, and he has the discretion to require it even where there is no automatic refill.

That means hauled water, a monthly level check by contract and a written log. Give the tank a spot and truck access on the plan.

We recommend planning the tank in rather than asking for it, and not offering it if the fire marshal does not raise it. Start the conversation early so you know what applies. On most sites, the cost of the tank is cheaper than the weeks lost arguing about it.

How do I keep the whole sequence straight?

Write it on one page. List every approval: building, driveway, water and grading, with the office that issues each.

For each one, note issued or pending, and the conditions that came with it.

Beside your start date, name the office that confirmed it in writing.

Two questions decide your start date. Which road does the driveway touch, county or state, and who reviews it? Who confirmed your start date, and was it in writing?

Watch the full episode

The full episode is on YouTube: https://www.youtube.com/watch?v=nuV2OtZvUck (opens in a new tab)

Frequently asked questions

Does a county fire marshal building permit allow me to start building?

Not on its own, if the permit came with comments. Ask in writing whether revised plans must be approved first or the comments can be checked at inspection. If the answer is yes, start construction and expect to upload as-builts.

Does a farm to market road need a county driveway permit?

No. Farm to market roads are almost always owned by TxDOT, so that access is a TxDOT permit, not a county one. Confirm which office owns the road before you design the driveway.

I am developing a 200 MW battery storage site on a state highway in West Texas, and my EPC has a delivery date in six weeks. What should I be asking the road owner right now?

Ask whether temporary access can be permitted inside the final driveway footprint, and what TxDOT needs on spacing, ditch drainage, the traffic form and the survey. Ask in writing for a start date. State highway reviews typically run 4 to 8 weeks.

Can I use the existing residential driveway on the property for construction access?

Treat it as a separate question with its own rules. Texas permits commercial driveways differently from residential ones, so it is not a shortcut to a start date.

Why would a fire marshal require a 30,000 gallon tank on a BESS site with no water service?

He has the discretion to require an NFPA 1142 fire tank, usually around 30,000 gallons, even where there is no automatic refill. Without fill, plan for hauled water, a monthly level check and a written log.

I am a developer with two BESS sites in Texas, one on a county road and one on a state highway. How far apart should I expect the two driveway approvals to land?

County driveway permits usually take 2 to 4 weeks after design goes in. TxDOT state highway permits typically take 4 to 8 weeks, sometimes longer. Treat them as two tracks, not one.

Related Resources

• What drainage and detention rules apply to a battery energy storage (BESS) site in a Texas county?
• 210E Public Notice Requirements: What TCEQ Actually Requires Before Approval
• Does Test Water Volume Trigger a Different Permit Tier? What TXG670000 Actually Requires for Pipeline Tests

Does your equipment date depend on a permit nobody has tracked?

We get Texas BESS sites through county, fire marshal and TxDOT reviews and put every approval into the schedule beside your delivery date. If your start date is still resting on a verbal yes, we can help you pin it down.

We specialize in:

• Pre-construction site assessment
• Permit sequence and schedule planning for BESS sites
• Driveway and access design for county and TxDOT roads
• Fire water tank planning and site layout
• Grading and drainage plan support
• Construction administration through mobilization

Modern Engineering Solutions, McKinney, Texas. Contact: (214) 833-6748 or mod-eng.com