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Greeley County pauses renewable-energy permits and directs counsel to challenge NextEra road use
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Summary
The Greeley County Board voted this spring to place a three-year moratorium on new renewable-energy permit applications and asked the county attorney to send a cease-and-desist letter to counsel for NextEra over road-use and permit conditions. The actions followed public concern about decommissioning and road impacts.
The Greeley County Board of Commissioners voted to impose a three-year moratorium on accepting new renewable-energy development applications and permits, and separately directed the county attorney to notify counsel for NextEra to cease specified uses of county roads.
At the April 9 meeting the board approved Resolution 2024-1, which the board stated is intended to give county planning staff and the Planning & Zoning Commission time to review and update the county Comprehensive Plan and zoning regulations. County Attorney Cindy Bassett introduced the resolution; Commissioner Dennis Wadsworth moved for approval and Joe Leslie seconded. Roll call: all yes; the moratorium becomes effective April 23, 2024.
The moratorium followed months of public comment and earlier meetings in which NextEra representatives described project planning and road and switch-yard work in the county. On March 12 the board voted to have the County Attorney send a cease-and-desist letter to counsel for NextEra, a step commissioners said was necessary after reviewing NextEra’s use of county roads and outstanding conditions the county required before construction could proceed.
Residents and local landowners spoke at several meetings raising concerns about decommissioning plans and potential impacts to the county road fund and right-of-way. In public comment at the Jan. 23 and Feb. 13 meetings, community members urged the board to ensure road and decommissioning protections; on April 9 supporters of the moratorium spoke in favor of pausing new permits.
Board members said the actions do not reverse prior approvals that have already met county conditions; rather, the moratorium pauses intake of new applications while the county’s comprehensive plan and zoning regulations are updated. The County Attorney will handle communications with counsel for NextEra and report back to the board on any legal developments.
Next steps: Planning & Zoning will be asked to update county zoning regulations and the Comprehensive Plan; the board directed staff to solicit proposals and to coordinate legal follow-up on NextEra road-use issues. The board will revisit the moratorium only after the Planning & Zoning review is complete.