Greeley County says Greeley Wind II special-use permit expired; developer asks to continue as appeal moves to Board of Adjustment

Chairman Jordan Foltz told the Greeley County Board of Commissioners on June 23 that the county’s zoning rules caused the Greeley Wind II special-use permit to expire as a matter of law on Aug. 8, 2025, and the Board said it has no authority to extend the construction period.

David Levy of Baird Holm LLP, speaking for Greeley Wind II and NextEra Energy Resources, said the company is disappointed, has spent substantial sums on the project and believes it has satisfied the conditions of approval that can be satisfied “at this juncture,” including securing a power-purchase agreement with Nebraska Public Power District. Levy asked the Board to allow the company to continue under its permit and to work with the county to complete the project and compensate local landowners.

The Board did not reverse the county’s legal position. Foltz read the county’s interpretation of Section 6.2 of the Greeley County Zoning Regulations, which provides that special-use permits are valid for up to two years from the effective date to allow project completion and that, once completed, a permit is perpetual unless placed under reconsideration. The Board said the permit’s two-year construction timeline expired on Aug. 8, 2025 and therefore expired automatically; a separate permit condition requiring a power-sales agreement within 36 months did not extend the construction deadline under that regulation.

County counsel had previously sent a June 9 courtesy letter notifying the permittee that the permit had expired; the Board confirmed that letter’s substance and noted the permittee has appealed to the Greeley County Board of Adjustment, which will hold an independent hearing.

Public comment at the meeting reflected a split in community views. Supporters told the Board the project would add tax revenue, diversify the tax base and provide payments to participating landowners; opponents raised concerns about visual impacts, road effects, subsidy-driven benefits to outside companies and potential effects on county tax revenues if Nebraska Public Power District became involved. Several commenters urged the Board to uphold the original permit conditions; others urged the Board to allow the project to move forward to generate revenue.

The Board took a procedural vote to deliver a prepared statement on the topic but otherwise took no further action at the meeting. The matter will proceed through the Board of Adjustment process for an independent determination. The Board adjourned at 10:41 a.m.; its next regular meeting is scheduled for July 14, 2026.