Bluff planning commission finalizes renewable-energy ordinance draft; flags BESS safety, conditional-use and decommissioning questions

On Sept. 26, 2025, the Town of Bluff Planning and Zoning Commission met in a hybrid work session at the Bluff Community Center to finalize edits to a draft renewable-energy ordinance and prepare it for a public hearing on Oct. 28, the commission’s chair, Amanda Podmore, said.

The commission focused on several substantive issues: how to treat battery energy storage systems (BESS), which safety standards to require, whether and how to use conditional-use permits for larger projects, and whether the town should require a decommissioning bond for abandoned or unsafe projects.

Why it matters: the ordinance will set local rules for siting and operating solar arrays, wind turbines and associated batteries in and near town. The draft will affect where larger utility-scale projects and smaller residential systems may be built, what safety standards developers must demonstrate, and what financial assurances the town can demand if projects are later abandoned.

Most of the commission’s drafting changes were editorial and definitional, participants said. The commission clarified definitions related to vegetation, agrivoltaics (combinations of agricultural use and solar), and rooftop systems so rooftop solar remains permitted by right. Commissioners also removed a previous blanket ban on BESS in residential zones and replaced it with conditional allowances: small, residential-scale battery systems would be allowable but larger systems would be subject to conditional review.

Town staff and commissioners said the draft now points explicitly to fire- and building-code compliance for battery systems and references NFPA 855 as the safety standard for BESS. Erin Nelson, the town manager, said the town added SolSmart-recommended fire-safety language after input from the SolSmart contact the commission had consulted. The commission left the text so applicants must demonstrate compliance rather than listing every technical requirement in the ordinance.

Commissioners discussed moving certain safety items into the conditional-use section rather than keeping them in the general list that applies to all projects. They also agreed to a project-specific safety requirement recorded in the draft: for wind turbines, project-mounted ladders must begin at least 12 feet above the ground to reduce access and injury risk.

Decommissioning. The draft requires applicants to plan for decommissioning — removing equipment and restoring the site if a project becomes unsafe or abandoned. Commissioners debated whether the town should require a performance bond or similar secured funding for decommissioning. Staff said the ordinance can state the town may require bonding but that the town council and legal counsel must decide whether bonding will be required and the form or amount of such a guarantee.

Conditional use and enforcement. The commission inserted conditional-use language based on common Utah practice and model guidance from the Utah League of Cities and Towns. Draft language emphasizes compatibility with safety, aesthetics, environmental protection and decommissioning; permits would be conditioned to mitigate adverse impacts and could be denied if concerns cannot be mitigated. The draft also sets time limits: a conditional-use permit would expire if work has not started within one year of issuance, with two years allowed for construction completion. Enforcement language largely mirrors the town’s building ordinance: violations can lead to withholding permits, revocation, injunctions or penalties after notice and an opportunity to cure.

Other practical items clarified in the draft include: signage must comply with the town’s local sign ordinance; noise standards remain the town’s regular noise requirements; and the ordinance will encourage agrivoltaics and other vegetation management on solar sites where appropriate.

Next steps and remaining items. Commissioners directed staff to clean up the draft and circulate it to legal counsel, Chris McEnany, for guidance on how to implement conditional use within the town’s existing permitting framework. The commission plans to bring the ordinance to a vote to recommend it for a public hearing at the next regular meeting and to post the ordinance for public review ahead of the Oct. 28 hearing. The commission also asked staff to coordinate with SolSmart to ensure changes support Bluff’s SolSmart accreditation path.

The work session ended with routine adjournment.