Fremont County adopts 1041 regulations for public utilities, keeps moratorium until fees set

The Fremont County Board of Commissioners voted to adopt local regulations designating certain public-utility projects as matters of state interest, approving Resolution No. 38, Series of 2024, during its Dec. 10 meeting.

The rules, commonly called “1041” regulations after House Bill 1074 (1974), cover site selection and construction of new — and major expansions of — domestic water and sewage treatment systems and other public-utility facilities in unincorporated Fremont County. County Attorney Bellas said the adoption is part of a process to preserve local review and public hearings for projects that could have broader impacts. "Adoption of these has is not really an event, it's more of a process," Bellas said at the meeting.

County staff and attorneys told the board they revised the draft regulations following public comment to avoid imposing the permitting process on routine, day-to-day utility operations. Under the version adopted, the regulations are intended to apply to establishment of new water or wastewater treatment systems and to major plant modifications that increase hydraulic or treatment capacity; routine line extensions and normal operational activities are not intended to be subject to the 1041 permit process, Bellas said.

The board also clarified scope and geography: the regulations apply only in unincorporated Fremont County and do not take effect inside municipalities. Commissioners said preserving local review was a primary motive. One commissioner framed the change as protection of local control in light of proposed state-level actions and said the county wants residents to retain the ability to comment on siting decisions during public hearings.

The resolution as written originally listed an effective date of Jan. 1, 2025, but commissioners directed staff to finalize a local fee schedule first. At the meeting staff said they needed additional time to research comparable county fees; the board agreed to set the regulations’ effective…