Sheridan County declines to approve two MDU overhead power-line permits after sustained public opposition

The Sheridan County Board of County Commissioners on Sept. 16 declined to approve two license applications from Montana Dakota Utilities (MDU) to install overhead transmission lines along County Road 111 (also known as Fox Cross Road/Box Cross Road).

Public commenters and several residents urged the board to require MDU to demonstrate it had explored alternate routes or burying the lines rather than placing new poles adjacent to existing homes. Mike Lansky, a longtime resident, cited court precedent and urged the board to send questions to the Wyoming Public Service Commission about whether alternative routes had been adequately considered. "I would ask that you guys have the power to send that on behalf of the citizens, letter to public service commission saying, will you check out the alternative routes?" Lansky said.

Other speakers described missing easements along proposed alternate routes, said poles would encroach on private property and urged the board to deny the permits. A resident who said she recently moved to the Sandstone area told commissioners she had purchased her home believing utilities were buried and asked them to "please vote against this." Laurie Goodman, a local resident with experience in energy policy, told the board she would offer pro bono assistance if the county sought to pursue buried alternatives used in other states.

Board members repeatedly referenced Wyoming statutory limits on county authority in these matters. Commissioners and county counsel discussed the legal framework and whether the board's denial could be overturned by the Public Service Commission. One commissioner noted the county "does not have the authority to regulate the type of construction within a right of way," saying the PSC typically has regulatory control.

Commissioner(s) moved to approve a county license agreement authorizing the overhead work and later to approve a second similar license; both motions were called and recorded as failing. The record shows the board debated the policy and legal tradeoffs and heard multiple public objections but did not adopt either permit.

Because the Wyoming Public Service Commission retains permitting authority over public utilities, commissioners said their options are limited and that any denial could be appealed or reviewed by the PSC. No final administrative appeal to the PSC was recorded in the meeting minutes; the board's recorded choice was to decline approval of the two license applications.

What’s next: The PSC, MDU or affected property owners may pursue further regulatory or legal steps. The board did not adopt written conditions requiring MDU to pursue alternate buried routes or to produce additional routing evidence before the meeting ended.