Prairie County sets hearing on Big Sheep Mountain zoning after developer's attorney warns of legal risks

The Prairie County Board of Commissioners on Sept. 30 voted to publish a resolution of intent to receive public feedback on a citizen-initiated zoning district for Big Sheep Mountain and set a public hearing for Oct. 22, 2025, at 7 p.m.

The hearing was set after sustained public comment and legal correspondence related to a proposed Glendive/NextEra wind development in the county. Commissioner Christine Keltner made the motion to publish the resolution of intent; the motion was seconded and passed by voice vote with all commissioners indicating “all in favor.”

County Attorney Dan Rice provided commissioners with a letter from Lucas H. Forcella, an attorney representing the Glendive project. Forcella’s letter argues that Montana law protects preexisting or “nonconforming” uses and that the developer has taken “substantial steps” toward implementation, from land rights and surveys to engineering and contractual agreements. The letter states, “Any ambiguity or uncertainty in the zoning regulations as to whether a nonconforming use is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the nonconforming use,” and warns that retroactive zoning that would block the project could expose the county to legal liability.

Residents at the meeting criticized the letter as a threat and pressed the board for a formal county response. Public comment included sharp concerns about perceived informal communications between the county attorney and the developer’s counsel and requests for a litigation-hold on relevant records. Shane Eaton asked publicly, “who's the puppets and who's the puppet masters?” expressing suspicion about outside influence. Other residents raised finance and long-term liability questions about project decommissioning bonds, noting that state rules and the project's own projections could leave local taxpayers exposed if towers are abandoned or ownership changes.

Commissioners and several commenters urged procedural clarity: who may provide written or video testimony at the Oct. 22 hearing, whether commenters may cede speaking time to others, and whether the county will extend comment periods. Commissioner Todd Devlin described the next steps for the county’s consideration of the zoning petition and public hearing logistics.

The board did not take a final zoning vote on Sept. 30. The Oct. 22 hearing will be the next formal opportunity for public comment and for the commission to consider potential zoning language and any legal implications identified by counsel.

What happens next: The commission will accept testimony at the Oct. 22 public hearing. The county attorney has the developer’s letter on file; commissioners may request additional legal analysis before taking final action.