Commission backs code change to streamline home backup-generator permits, sets 70 dB property-line limit

On June 25, 2026, the Morgan County Planning Commission recommended that the county commission approve a code text amendment to simplify permitting for certain personal power-generation installations and to add clearer noise-measurement language.

Planner Brinley Savage, presenting the proposal, said the amendment removes the conditional use permit step for personal generators and instead allows installations once a building permit is issued. "I am Brinley Savage. I am the planner one for the Morgan County Planning and Development Services Department," Savage said, explaining that the change responds to applicants and residents who found the CUP process unduly complex.

The proposed text removes a portion of §155.082 (use regulations) and updates definitions in §155.008 to add personal power generation as a permitted installation under a building permit rather than a CUP. Staff and commissioners discussed scope and safeguards: commercial-scale generation should not be treated the same as residential backup systems, and some technologies raise distinct concerns (visual impacts, bird strikes, footprint).

Noise standard and enforcement: Commissioners debated decibel standards and measurement location. The draft initially referenced a 70 dB limit; staff noted that some contractors have been designing to 75 dB at 7 meters for equipment specifications. Commissioners agreed to recommend language that sets a maximum of 70 dB as measured at the property line nearest the complainant and to request that this limit be applied across zones.

Scope and exclusions: After discussion, commissioners approved recommending the amendment with these clarifications: the permitted definition will include roof-mounted solar, micro hydrogeneration and diesel or fuel-driven generators; it will exclude wind installations and non-roof-mounted solar from the streamlined building-permit path (those would remain subject to conditional use review). Commissioners also added a requirement that diesel or fuel-driven generators comply with fuel-storage allowances in the local fire code and be approved by the fire authority having jurisdiction.

Public comment and medical concern: Tina Kelly of Mountain Green urged caution so rules are not punitive and emphasized that many residents rely on backup generators for medical oxygen and other critical needs. Staff noted that medical‑need exceptions exist in practice but clarified the amendment would remove the CUP step while still requiring building permit review and inspections.

Vote and next steps: Member Taylor moved to recommend approval with the stated amendments; Member Watt seconded. The motion carried unanimously. The commission will forward the recommendation to the county commission, which will consider final adoption and any ordinance updates needed for nuisance enforcement and measurement processes.

Ending: Commissioners asked staff to ensure the recommended language clarifies enforcement (measurement at property line nearest complainant), applies consistently across zones, and distinguishes personal backup equipment from commercial installations.