Morgan County delays decision on solar, battery storage and wind rules after industry, stakeholders raise concerns

Morgan County postponed final action on new regulations for solar collector facilities, battery energy storage systems (BESS) and wind energy facilities at a May 28 public hearing after staff presentations and stakeholder comments raised technical and practical concerns.

Planning Director Nicole Hay summarized a package of proposed edits that would alter submittal requirements, require photographs and descriptions of fencing, clarify decommissioning timing, require updated decommissioning plans periodically, adjust how salvage value is treated for surety, and add BESS incident reporting and minimum fencing and defensible‑space standards. For wind energy facilities the draft included expanded setbacks and options for road‑agreement timing.

Stakeholder commenters stressed the practical consequences of the draft language. Jeremiah Garrick of COSSA urged language revisions to preserve the County's intent while addressing concerns around incident reporting and noted that a 100‑foot vegetation‑management defensible space aligns with fire‑code practice. Hans Rodvik of Xcel Energy warned that the cumulative regulatory burden could complicate future projects and limit local job growth. Ash Moore of Nextera Energy said a requirement that an entire facility be shut down for an incident “would not be a financeable project.” Industry representatives also asked the Board to consult Colorado Parks and Wildlife on fence and wildlife considerations.

Commissioners and the County attorney discussed the balance between safety and practicability. Attorney Kathryn Sellars clarified that decommissioning notices would require action within a defined period (she referenced a 60‑day initiation period in the draft), and Chairman Jon Becker and others asked staff to address how fire districts would be included if a project is outside an established fire protection district.

After discussion, Commissioner Timothy A. Malone moved to continue the public hearing (with public comment) to the June 17, 2025 Board meeting to allow staff to revise draft language and gather additional stakeholder and interagency input; Commissioner Kelvin S. Bernhardt seconded and the motion carried 3‑0.

What was unresolved: The record shows continuing disagreement about defensible‑space distances for BESS (staff referenced prior practice of 200 feet while Planning Commission suggested 100 feet), whether incident reporting and public hearing triggers should be publicly posted and how shutdown requirements should be structured to avoid making projects unfinanceable, and how decommissioning surety should treat salvage value. The Board asked staff to return with revised language and supporting materials at the June 17 meeting.

Next steps: Planning staff will prepare revised code language addressing stakeholder concerns and legal counsel will assist in clarifying enforcement and financial‑assurance mechanics ahead of the June 17, 2025 hearing.