Elbert County commissioners give staff direction on draft solar and battery rules, send red lines to planning commission

Elbert County staff on July 16 asked the Board of County Commissioners for general direction on where to allow solar energy facilities and battery storage and what development standards to write into the county’s land-use code. No votes were taken and no public comment was allowed.

Jennifer Jones, the county’s Community Development and Services director, told commissioners staff intends to rely on the county’s existing 1041 and Special Use Review (SUR) processes for procedure and to add substantive development standards as supplemental standards in Article 5 and in the definitions section. "From previous work sessions, the goals that I had heard and made note of was consistency between applications that come in and safety," Jones said.

Why it matters: The direction will determine whether future projects must apply for changes in zoning, whether batteries are regulated with panels, how close projects can be to roads and homes, and what fencing and fire-safety measures will be required. Those choices affect project siting, visual impact, emergency access and potential costs for applicants.

Major guidance and specifics - Zoning: Staff said the land-use table currently lists 'solar or wind farm' as an SUR in A or A2 (ag) districts. Commissioners directed staff to keep solar in agricultural zoning but to consider allowing solar in commercial and industrial districts and to separate wind into a distinct line item. Jones summarized the emerging guidance: "keep it in ag, also allow it maybe in commercial and industrial, probably take out the A2 as an allowable zoning district," and to add the battery component.

- Setbacks and fire safety: Jones relayed input from the Elizabeth Fire District (Kara) focusing on setbacks and defensible space. Jones reported Kara "recommended 350 feet from property lines and or roads ... and 1000 feet from any occupied structure." Commissioners discussed tailoring setbacks by context (roads, utilities, homes) and using defensible-space language so fire apparatus can operate.

- Land-ratio limits and panel height: Staff noted some counties use a land-ratio formula (an example cited in discussion was 1:8) to limit the proportion of a section covered by solar; some commissioners worried such ratios can force wider land use and unintended consequences. Panel-height standards ranged across examples staff reviewed (20–35 feet) and several commissioners cautioned against overly prescriptive height limits because agrivoltaics and terrain may require flexibility.

- Fencing and wildlife: Commissioners and staff debated security fencing versus visual screening. Jones cited referrals to Colorado Parks and Wildlife for wildlife corridor considerations and noted that NFPA/fire standards may also affect fencing and access. Commissioners favored requiring security fencing near panels (not necessarily at the property line) so typical setback areas remain vegetated and to reduce total fence length for applicants.

- Battery storage focus: Staff and commissioners emphasized that many projects will include battery storage and that the board should ensure any standards address battery-specific safety concerns; Jones said she would follow up with the Elizabeth Fire District to confirm how setbacks and fencing should apply to battery components.

Legal and process notes Staff discussed next steps and process timing. Lance (planning staff) said the county can either hold another internal work session to review red lines before public notice or send red lines directly to the planning commission for hearings; both approaches were presented as options with tradeoffs for schedule. Lance also raised a legal point for consideration: "I think it is possible to ban facilities, but only for non utility, entities," noting bans can be legally complicated and may not apply to public utilities. The board did not adopt a ban in the meeting; instead, commissioners favored pursuing red lines and public process.

What happens next Staff will prepare draft red-line regulations that add supplemental development standards and definitions, send them to the planning commission for public hearings, and then return to the board. Jones said she can invite Kara from the Elizabeth Fire District to a follow-up work session or provide direct comment when the red lines are circulated. No final action was taken at the July 16 session.

Attributions Quotes and attributions in this report come from participants in the Elbert County work session: Jennifer Jones (CDS director), Mike Buck (chair), Lance (planning staff), Byron McDaniel (commissioner, on the line) and Dallas (commissioner).