Elbert County planning commission backs three meteorological towers for Bijou Hills LLC with conditions

The Elbert County Planning Commission recommended approval Tuesday of three special-use review (SUR) applications to install meteorological towers for wind-resource data collection, finding the towers meet local zoning standards with conditions.

Planning staff presented the applications for three towers — SUR-2024-0109 (Worrell tower, 60 meters), SUR-2024-0114 (Hurtnecki tower, 81.3 meters) and SUR-2024-2490 (Chambers tower, 60 meters) — and said the structures would be used only to collect wind and atmospheric data and would not broadcast signals. Danny Klebanner, land use planner with Elbert County Community Development Services (CDS), said the tallest tower would be about 266 feet and the other two about 197 feet, that each would be placed on agricultural parcels, and that setbacks and FAA referrals had been addressed. “The FAA provided the determination of no hazard on 08/27/2024,” Klebanner said during his presentation.

The towers would be mounted on small platforms and stabilized with guy wires; CDS staff said anchor points and the base of each tower would be protected by exclusionary fencing and that applicants proposed bird-friendly measures from the U.S. Fish and Wildlife Service guidance. Applicant representatives said the towers are intended to be temporary and used for resource assessment; Matthew Pagan of Bijou Hills LLC told the commission the company expects the new towers would likely be deployed for about five years. “These towers are intended to be temporary towers,” Pagan said. “I can't imagine it would be more than 7 years.”

Why it matters: Meteorological towers are the first step in assessing whether a site is suitable for a utility-scale wind project; commissioners and residents raised concerns about wildlife impacts, decommissioning and the potential for future development if transmission is nearby.

Commission discussion focused on wildlife protections, fencing, FAA lighting and paint requirements, and the length of time SUR entitlements should remain in place. Commissioners asked the applicant about existing MET towers in the county and whether Bijou Hills operates wind-generation projects; the company said it has deployed MET towers in eastern Colorado in the past and that it also develops and operates multiple energy technologies elsewhere. Applicant representative Tyler Streb, who identified himself as a wildlife biologist, said the contractor team will monitor for birds, and the applicant agreed to add bird diverters to guy wires and to follow FAA/FCC rules during the towers’ existence.

The commission’s recommendation included three conditions: that the SURs not become effective until fees are paid, conditions are met and the SUR exhibit is recorded; that recording occur within 180 days of Board of County Commissioners approval; and an explicit requirement that applicants adhere to applicable FAA and FCC regulations for the life of each tower. Commissioners also added recommended conditions to the packet forwarded to the BOCC: an updated deed for the Worrell property to be included in the BOCC packet, a decommissioning requirement to remove the towers within 120 days after project completion, lease termination or project cancellation, and a suggested five-year time limit for the SURs with the option for extensions if needed.

The Planning Commission voted 6–1 to recommend approval. Commissioner Diana Edstrom voted no and said she would have supported the project absent a time-frame stipulation on how a private company conducts its business; other commissioners voted aye.

Proposed next steps: The Planning Commission forwarded its recommendation to the Elbert County Board of County Commissioners, which is scheduled to hear the cases June 11. Staff and applicant said any remaining referral responses and the corrected deed will be provided for the BOCC packet.