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Bourbon County planning commission unanimously recommends one‑year moratorium on utility‑scale energy and certain industrial uses

December 11, 2025 | Bourbon County, Kentucky


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Bourbon County planning commission unanimously recommends one‑year moratorium on utility‑scale energy and certain industrial uses
The Bourbon County Planning Commission on an unanimous voice vote recommended that the Bourbon County Board of Commissioners enact a temporary, one‑year moratorium on new utility‑scale energy generation and related industrial uses while the county finishes a comprehensive plan.

The recommendation, read into the record by the planning commission, asked the county commissioners to “adopt a temporary moratorium slash moratoriums for a period of 1 year to allow the planning commission time to develop a comprehensive plan and zoning for the unincorporated areas of Bourbon County, Kansas. The moratorium should apply to the following uses: utility level power generation storage systems, including but not limited to wind, solar, battery systems, nuclear fission, crypto mining, data centers, and waste disposal.” The commission voted to send that draft text to the county counselor for legal review and to the County Commissioners for action.

Why it matters: commissioners and a contracted consultant told the planning body the pause is intended to give the county time to update its comprehensive plan and create zoning and conditional‑use standards so that large projects come through a predictable public‑review process. The consultant warned that adopting zoning after major projects arrive can leave counties vulnerable to litigation and inconsistent outcomes, and said a moratorium can preserve the county’s ability to study potential impacts and craft enforceable rules.

What was discussed: the consultant who presented to the commission described experience advising counties on wind and solar conditional uses, comprehensive‑plan procurement and moratoria. He cited examples from neighboring counties where moratoria, conditional‑use rules and fee schedules were used to manage project review; he advised involving the county counselor to ensure the moratorium is defensible in court.

Commissioners debated scope and wording for several months in the meeting: some members advocated a narrowly worded moratorium that lists renewables and battery systems by name; others recommended broader language that would capture “utility‑grade” energy production to prevent loopholes. Commissioners also discussed potential carve‑outs and grandfathering for existing projects and the practical need to define terms such as “utility grade” and “data center” before sending language to the County Commissioners.

Other matters raised during the meeting included a complaint about a company identified in the meeting as “Denali,” described by a speaker as taking agricultural byproducts and processing them into a fertilizer product; the planning board asked staff to gather more data and legal guidance on whether those operations fall under KDHE or agricultural exemptions and whether they should be covered by a moratorium or separate regulation.

Next steps: the planning commission approved the recommendation unanimously and will forward the draft moratorium language to County Counselor Bob Johnson for legal drafting and to the Bourbon County Board of Commissioners for consideration. The commission suggested a one‑year effective period for the moratorium (with possible extension) and asked staff to return with refined text and definitions for terms such as “utility‑grade” and “waste disposal.”

The commission adjourned after concluding scheduling details for upcoming meetings and public notice procedures.

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