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Morgan County adopts updated rules for solar, battery and wind facilities and approves planning fee changes
Summary
The Board of Commissioners and Planning & Zoning adopted resolution 2025 BCC 29 updating standards, submittal and decommissioning rules for solar, battery energy storage and wind facilities, and approved subdivision and fee schedule amendments (BCC 30 and BCC 31). All three measures passed unanimously, 3-0.
The Board of County Commissioners, sitting as the Planning & Zoning board, adopted a set of regulatory updates July 1 intended to clarify application requirements and decommissioning standards for solar collector, battery energy storage system (BESS) and wind facilities and to amend subdivision rules and planning fees.
Administrator Nicole Hay summarized outstanding items from a continued June 17 hearing, including standards, submittal requirements and decommissioning language proposed in resolution 2025 BCC 29. Public commenters raised process concerns: Jeremiah Garrick of COSSA said the appeals process for BESS facilities appeared redundant in light of existing county emergency powers, and Sarah Murphy of AYPA asked that the regulation include a definitive timeframe for when the Planning Administrator would approve restarting an affected area after an incident. Hay said she would be uncomfortable setting a fixed timeframe because some cases require consultant review and cannot be bound by a strict deadline. Chairman Jon Becker said he favored the proposed language.
Commissioner Kelvin S. Bernhardt moved to approve 2025 BCC 29, a resolution amending Morgan County zoning regulations for solar, BESS and wind facilities. Commissioner Timothy A. Malone seconded; the motion carried 3-0.
The board then resumed a continued hearing on subdivision regulation amendments (2025 BCC 30). Robert Pennington of Fort Morgan urged allowing a longer consecutive timeframe for minor subdivisions—suggesting 10 years—to help long-term planning. Commissioner Malone said he preferred a five-year timeframe; Commissioner Bernhardt agreed it balanced property rights and county regulation. Commissioner Malone moved to approve 2025 BCC 30 and Commissioner Bernhardt seconded; the motion carried 3-0.
Administrator Hay presented proposed updates to the Planning & Zoning and Building Department fee schedule. After discussion, Commissioner Malone moved to adopt 2025 BCC 31 (fee schedule amendments); Commissioner Bernhardt seconded and the motion carried 3-0.
Votes at a glance
- 2025 BCC 29 (zoning regulations for solar/BESS/wind): mover Kelvin S. Bernhardt; seconder Timothy A. Malone; outcome approved, vote 3-0. - 2025 BCC 30 (subdivision regulation amendments): mover Timothy A. Malone; seconder Kelvin S. Bernhardt; outcome approved, vote 3-0. - 2025 BCC 31 (Planning & Zoning and Building fee schedule): mover Timothy A. Malone; seconder Kelvin S. Bernhardt; outcome approved, vote 3-0.
What this means
Supporters of the amendments said clearer submittal requirements and decommissioning rules will streamline review and enforcement of renewable energy projects. Opponents and commenters urged clearer appeal pathways and faster timelines for restoring operations after incidents; county staff cautioned that strict deadlines could impair thorough technical review.
The hearing was adjourned at 10:34 a.m. and the adopted resolutions will be incorporated into the county regulatory code and fee schedule as specified in each resolution.
