Douglas County approves one-year extension and funding agreement for Kansas Sky Energy Center solar project

Douglas County commissioners on March 11 approved a one-year extension for a conditional use permit for the Kansas Sky Energy Center solar project and separately approved a funding agreement that lets the county recover third-party inspection costs tied to the permit’s conditions.

Planning manager Becky Pepper told the board the original approval was adopted May 22, 2024, and county code requires implementation or a building permit within two years or the permit expires. Staff received a timely extension request on Dec. 23, 2025, and recommended setting a new expiration date of May 22, 2027. “Staff does recommend approval of the approval extension request,” Pepper said.

Commissioners asked how the board’s action would interact with an ongoing court order; legal counsel said the judge’s order prevents the applicant from entering the property and making permanent changes but does not, by itself, bar submission of a building permit. Counsel and staff noted outstanding conditions must be completed before a building permit can be granted, including a road use/maintenance agreement and additional technical items in the CUP’s findings of fact.

Applicant representatives described the project ownership and permitting path. Matt Goff, attorney for the applicant, said staff’s description was “fair and accurate.” Brianna Bako, director of development for Savon, said Free State Solar LLC holds the CUP and related documents and that Savon has a purchase-sale agreement with EverG (Evergy) for EverG to purchase, build and operate the project pending regulatory approvals. “We have an agreement with EverG to purchase the project and then build and operate the project,” Bako said. EverG project manager Damon Ray told the board that geotechnical and field testing were in progress and that the team expects to finish lab work and be prepared to submit engineering packages and a building permit after the testing is complete.

The board approved the extension motion by a 4-1 vote; the extension sets a new CUP expiration of May 22, 2027. Commissioners then considered a funding agreement (a condition of the CUP) that creates a mechanism for the county to recoup costs for third-party inspections related to CUP conditions — for example bond review, vegetation plan compliance and ag-protection oversight. Staff said the agreement would be with Free State Solar LLC. County staff estimated the building-permit fee portion of the funding calculation at roughly $270,000, subject to change once the permit value is finalized.

After additional discussion about process and ratepayer implications, the commissioners approved the funding agreement by a 4-1 vote.

Public speakers and commissioners raised concerns about corporate structure, transparency and who ultimately bears costs. One commenter tied the project’s developer and ownership transfers to broader corporate conduct and urged accountability; others, including nearby farmers, urged caution because of floodplain and local farming impacts. Staff and applicants identified three primary outstanding items that must be completed before a building permit can be issued: the funding agreement, a road use/maintenance agreement, and required engineering packages tied to the building permit application.

The commission’s action allows the applicant additional time to complete those conditions and pursue the building permit process while the county preserves the permit through May 22, 2027.