Emmons County approves first reading of new conditional-use rules, sets Feb. 3 public hearing for Intermountain Group

Emmons County commissioners on first reading approved a revision to the county's conditional-use permit process and set a public hearing for a utility-scale conditional-use application on Feb. 3, 2026.

The board approved the first reading of Resolution 25-12-01, which consolidates the county's industrial and conditional-use permit tracks into a single conditional-use process, adopts a $750 nonrefundable application fee intended to cover publication and administrative costs, and establishes review timelines for auditor and planning-and-zoning review, Speaker 11 said when introducing the resolution. Speaker 11 moved to adopt the first reading; Speaker 3 seconded, and the motion carried by voice vote.

Speaker 7, who led the staff presentation, said the county sought a clearer, more consistent process so larger projects that require more staff time would be charged and vetted appropriately. Under the proposed process, the county auditor reviews applications for completeness within roughly 10 days; planning and zoning holds a public hearing within 60 days of auditor approval; and the planning commission's recommendation then goes to the county commission for final action.

The meeting featured debate over fees and financial safeguards. County staff had proposed a 3% fee on total project cost as one approach to capture more value from large projects; Speaker 1 and other participants said 3% would be unusually high for projects classified as utilities, with Speaker 1 noting that comparable fees paid elsewhere were often $2,500'$3,000 or lower. "3% on this one would be about $10,500," Speaker 1 said, describing that as high relative to local precedent. Commissioners said the fee structure is still negotiable and that a flat application charge alongside a staged schedule would reduce upfront burdens on applicants.

Commissioners also discussed requiring a surety bond to protect the county against partial-build abandonment or infrastructure removal that leaves the county with cleanup costs. Speaker 7 said state regulators sometimes treat battery storage differently from other projects and may not require a bond; on that basis, county members proposed a county-level bonding requirement with an initial benchmark mentioned during debate of $500,000, although the board did not adopt a final bond amount at this meeting.

Intermountain Group, whose representatives attended the meeting, applied in August and requested the board's guidance about proceeding under the revised rules. The commission agreed to schedule Intermountain Group's public hearing for Feb. 3, 2026, at 5:30 p.m. at the courthouse and said the company would have until that hearing to submit a revised application and the new $750 fee or otherwise comply with the updated requirements. Speaker 7 moved to set the Feb. 3 hearing date; Speaker 3 seconded and the motion carried.

Speakers also debated survey timing and landowner consent. Speaker 8 suggested that surveys be completed after a permit is issued to avoid preemptive entry without landowner permission; commissioners discussed legal limits on surveying without a signed lease and warned the county should not authorize survey access where landowner consent is absent.

The county emphasized that the first reading of Resolution 25-12-01 is amendable before the second reading and the public hearing, and staff said they expect to return a finalized application form and fee schedule for the January meeting so applicants know exact requirements before the February hearing.

Next steps: the county will publish the first-reading materials, accept public comment and amendments at the second reading and a public hearing, and then take a final vote at a subsequent regular meeting. The Intermountain Group hearing remains scheduled for Feb. 3, 2026, unless plans change.