Elbert County commissioners weigh options for solar and battery‑storage rules

Elbert County commissioners spent a March 12 work session directing staff to draft regulations for utility‑scale solar and battery energy storage systems, focusing on what the county wants to achieve, which review process to use and safety and financial safeguards for long‑term operations.

Staff member Jennifer Jones told the board she had compiled example language from several Colorado counties and proposed discussing (1) the board’s goals, (2) process options, (3) development standards and (4) how solar, battery storage, wind and agrivoltaics should be handled. “I sort of outlined four main topics,” she said, asking for guidance on which approaches to pursue.

Commissioner Dallas Schroeder said the primary aim should be consistency: residents and applicants need clear, predictable standards. “We need to have regulations in place so that it’s consistent for applicants,” Schroeder said, arguing that agreed standards for setbacks, permit length and submittal requirements would reduce ad‑hoc staff negotiations.

Lance Engles, who explained the statutory context, said 1041 regulations (areas and activities of state interest) clarify local authority over state‑level projects but may not be necessary for most solar projects. “1041 regulations are also referred to as areas and activities of state interest,” Engles said, and noted 1041s are typically reserved for projects such as major transmission lines, interchange locations or new communities where state‑level authority is implicated.

That legal distinction framed a larger process discussion. Staff recommended the county consider a special‑use‑review (SUR) process for many solar projects, noting Lincoln and Logan counties typically use SUR‑only approaches and that applying both SUR and 1041 to the same project can duplicate administrative work and compress review timeframes. Staff warned that 1041 reviews have a 90‑day statutory timetable that can feel rushed and reduce opportunities for iterative review with applicants and outside agencies.

The group discussed how to classify projects by size or function (thresholds by acreage, megawatts or footprint), and whether to require separate applications and standards for BESS versus solar arrays. Staff reported that Lincoln County treats BESS and solar as separate SURs (which can be reviewed together), and Logan County has similar parallel requirements.

Commissioners and staff reviewed development standards used elsewhere, including setbacks (examples cited ranged from roughly 70 feet to more than 1,300 feet in scenic corridors), fencing options (balancing security and wildlife impacts), panel‑height allowances to enable agrivoltaics, and decommissioning plans. Staff said most existing 1041 and SUR regulations already require a decommissioning plan and a financial assurance (bond, irrevocable letter of credit or cash), often based on a third‑party removal cost estimate and re‑evaluated every five years.

The board devoted considerable time to BESS safety. County examples noted by staff included a Logan County requirement for a 10,000‑gallon on‑site water tank to protect surrounding structures in some cases; board members questioned the practicality of that in Elbert County where water is limited. Participants also discussed industry guidance that many serious BESS fires cannot be readily extinguished and may be managed by isolation and monitored burnout, and they flagged training for local first responders and applicant‑provided response plans as mitigations.

Staff highlighted other measures used by counties: spacing and containerization of BESS modules to avoid cascading failures, requirements for applicants to provide impact or erosion studies, and soil baseline testing (examples include two test sites and periodic testing during operation and upon decommissioning). Commissioners raised legal concerns about negotiating impact fees on a case‑by‑case basis rather than adopting fees through an advance legislative study and ordinance.

Rather than adopt immediate rules, the commissioners asked staff to prepare draft regulations for a future work session. Staff were directed to use Lincoln and Logan counties as starting points, research whether any solar standards must remain in 1041 under statute, consult neighboring counties’ staff and relevant fire‑response experts, and return with clearer, edited draft language and a list of items that require further board discussion. No votes or formal actions were taken.

The meeting concluded with board members scheduling follow‑up work and the session was adjourned.