Commission approves rezoning for Husky Howl solar project despite split on whether solar is ‘commercial’

On July 27 the Fremont County Planning and Zoning Commission approved an amendment to the Official Zoning Map, changing the Husky Howl site from Rural Base to Agriculture (application #25-062). The motion, made by Commissioner Eric Pauly and seconded by Commissioner Dennis Forbush, passed with two dissenting votes from Commissioners Shellie Blanchard and Colby Crapo.

Commissioner Blanchard said she believes the proposal is commercial in nature and therefore not appropriate for the Ag Zone: "So, I've read and reread number four, and to me, this solar facility is a commercial venture. It's being developed. It's going to be sold. It's a commercial solar facility," she said during deliberations. Planning staff member Tom Cluff told the commission the code language is ambiguous: the Ag Zone both disallows commercial uses and—elsewhere—lists "commercial/industrial, wind or solar energy facilities" as permissible by conditional use, leaving the interpretation to the commission.

Supporters argued that the zoning table specifically references wind and solar facilities in the Ag Zone and noted that the applicant proposed bonding and decommissioning measures to avoid long-term site abandonment. Following the vote, staff will continue to work with the applicant on CUP requirements if the commission eventually considers the conditional-use application.