On the agenda: Kiowa County Commission — flock camera (Sep 23)

ELBERT COUNTY, COLORADO

BOARD OF COUNTY COMMISSIONERS MEETING AGENDA
Regular Meeting Held in the BOCC Meeting Room
September 23, 2026 at 9:00 AM

A. INVOCATION/PLEDGE OF ALLEGIANCE: Bill Anderson
B. CALL TO ORDER AND ROLL CALL
C. APPROVAL OF AGENDA
D. CONSENT AGENDA
1. Approval of CDS Mylars as needed
2. Approval of Vouchers as needed
3. Approval of September 9, 2026 Meeting Minutes
4. Approval of CDS Development Projects Report
E. ELECTED OFFICIALS/DEPARTMENT HEADS/STAFF REPORTS
1. A Presentation from 4-H (CSU Extension)
a. A Proclamation Recognizing National 4-H Week - October 4 through October 10,
2026
F. CITIZEN PUBLIC COMMENT This portion of the agenda is reserved for those who wish to address the

BOCC on issues that are not scheduled for Discussion or Action. Individuals will be limited to one opportunity
to speak for a period of up to five minutes.

G. DISCUSSION ITEMS
1.

A Presentation of the Final Report from Bruce Lytle, Moore Engineering, Inc. —
Countywide Denver Basin Aquifers Evaluation of Extent and Reliability.

H. LIQUOR LICENSING BOARD
1. PUBLIC HEARING — Special Event Liquor Permit for the Elbert County Chamber of
Commerce
I.

ACTION ITEMS

J.

BOARD PLANNING
1. Agenda Items for Next Meeting
2. Workshops/Study Sessions
3. Pending Hearings

K. EXECUTIVE SESSION - IF NECESSARY On rare occasions, the Board may need to hold an executive

session pursuant to the Colorado Sunshine Act and in particular Section 24-6-402(4) C.R.S. This Agenda item

is a placeholder in case an issue comes up during the meeting for which an executive session becomes
necessary. When applicable, the requirements of the statute will be followed to describe the type and
purpose of the executive session, before any executive session will be held.

L. LAND USE HEARINGS 1:00 P.M.
1. Review of the Final Resolutions for Shepherd Solar
a. Consideration of a Resolution Denying the Special Use Review (SUR) for Shepherd
Solar
b. Consideration of a Resolution Denying the Major 1041 Land Use Permit for
Shepherd Solar
2. Consideration of Solar and Battery Energy Storage Systems Regulations
M. ADJOURNMENT

NOTICE:
Meeting minutes will be formatted as Action Minutes and summarize actions taken at the
meeting. The full audio/video and agenda packet is available at https://www.elbertcountyco.gov
NOTES ON PUBLIC COMMENT:
Note 1: Public Comment - This portion of the agenda is reserved for those who wish to address
the BOCC on issues that are not scheduled for Discussion or Action. Individuals will be limited
to one opportunity to speak for a period of up to five minutes.
Note 2: Discussion Items - This portion of the agenda is intended to introduce items that may
require future board action. It allows for shaping of final decisions and allows for public input
to ensure all aspects of the issue are fully considered before decisions are made. After each
item, the chair will offer time for public comment limited to five minutes per person. Discussion
Items may be moved to action items if, in the BOCC discretion, action is warranted.
Note 3: Action Items - This portion of the agenda is intended for items requiring a board
decision. Prior to taking action, the chair will offer time for any final public input, limited to five
minutes per person, prior to a vote.
Note 4: Land Use Hearings - Hearings for Land Use Items will be held at 1:00pm on meeting
days. If all previous agenda items are completed earlier, the chair will recess until this
scheduled time. If previous agenda items are not complete by 1:00pm, the land use hearings
will proceed and adjourn before proceeding with any remaining agenda items. Land use
hearings will follow the following sequence:
•
•
•
•
•
•
•

Open Land Use Hearing
Staff Presents Application and Recommendation of Planning Commission
Applicant Presents
Public Input on Application (five minutes per person)
BOCC Questions and Discussion
BOCC Decision
Close Land Use Hearing

ELBERT COUNTY, COLORADO

BOARD OF COUNTY COMMISSIONERS MEETING MINUTES
Regular Meeting Held in the BOCC Meeting Room
September 9, 2026 at 9:00 AM

A. INVOCATION/PLEDGE OF ALLEGIANCE
Pastor Jim Kimbriel of Redemption Valley Church provided the Invocation and led the Pledge of Allegiance.
B. CALL TO ORDER AND ROLL CALL
The regular meeting was called to order at 9:02 AM. County Clerk Rhonda Braun called the roll.
Dallas Schroeder - Present
Mike Buck - Present
Byron McDaniel - Present
C. APPROVAL OF AGENDA
Motion: Approval of Agenda as presented
Commissioner McDaniel made a motion to Approve the Agenda as presented. Commissioner Schroeder
seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
D. CONSENT AGENDA
Motion: Approval of Consent Agenda as presented
Commissioner Schroeder made a motion to Approve the Consent Agenda as presented. Commissioner
McDaniel seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
1. Approval of CDS Mylars as needed
2. Approval of Vouchers as needed
3. Approval of August 26, 2026 Meeting Minutes
4. Approval of CDS Development Projects Report
5. Approval of Liquor License Renewal for The Patch
6. Approval of Liquor License Renewal for Murphy Express #8796
E. ELECTED OFFICIALS/DEPARTMENT HEADS/STAFF REPORTS

Commissioner Schroeder thanked everyone who came out to the groundbreaking for Drill Tech Drilling and
Shoring's new Regional Office in Elbert County.
1. Staff Recognition
Commissioner Schroeder presented a plaque to the Elbert County Public Trustee/Treasurer, Sherry Hewlett,
congratulating her on 30 years working with Elbert County and recognizing all her hard work and dedication.
F. CITIZEN PUBLIC COMMENT
None
G. DISCUSSION ITEMS
A Presentation regarding Traffic Assessment Cameras - Andrew Nichols, National Data & Surveying
Services
Public Works director Monty Hankins clarified that cameras, located in the northwest corner of Elbert County,
are for traffic assessment cameras. Any new P.U.D. being built is required to provide traffic studies.
1.

Chris McGranihan, a civil engineer with LSE Transportation Consultants, introduced Andrew Nichols of
National Data & Surveying Services, who gave a presentation as to what the traffic assessment cameras
collect and how they work. Mr. Nichols emphasized that these are not flock cameras and do not pick up any
facial recognition. They are strictly for traffic assessments as developments are being built. Signs will be
posted to inform the public of the use of traffic study cameras.
The Commissioners and Mr. Nichols discussed data collected and how the information is used.
H. LIQUOR LICENSING BOARD
1. PUBLIC HEARING — Special Event Liquor Permit for the Elbert County Sheriff's Office Foundation
Motion: To Open a Public Hearing for Liquor Licensing Board
Commissioner McDaniel made a motion to Open a Public Hearing for Liquor Licensing Board. Commissioner
Schroeder seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
Public Hearing Opened at 9:33 AM
Executive Admin Assistant Kayleigh Mannering presented the application for the special event liquor
permit. No comments have been received and staff recommends approval. The Sheriff's Office Foundation
event will be held at Messer Arena, September 26, 2026, from 4:00 PM - 10:00 PM.
Public Comment - None
Motion: Approve the Special Event Liquor Permit for the Elbert County Sheriff's Office Foundation
Commissioner McDaniel made a motion to Approve the Special Event Liquor Permit for the Elbert County
Sheriff's Office Foundation. Commissioner Schroeder seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None

Motion: To Close a Public Hearing for the Special Event Liquor Permit for the Elbert County Sheriff's Office
Foundation
Commissioner McDaniel made a motion to Close a Public Hearing for the Special Event Liquor Permit for the
Elbert County Sheriff's Office Foundation. Commissioner Schroeder seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
Public Hearing Closed at 9:34 AM
I.

ACTION ITEMS

1. Consideration of Proposed Fee Agreement for Shepherd Solar
County Attorney Lance Ingalls gave a brief presentation on the fee agreement for Shepherd Solar.
Public Comment - None
Motion: Approve Fee Agreement for Shepherd Solar
Commissioner McDaniel made a motion to Approve the Fee Agreement for Shepherd Solar. Commissioner
Schroeder seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
Consideration of a Resolution Amending Resolution 26-01 Organization Meeting 2026 Appointments
and Reappointments - Adding Time Value Investments as a Designated Depository
Public Trustee/Treasurer Sherry Hewlett provided a background on Time Value Investments (TVI) and why she
would like to add them as a designated depository.
2.

Public Comment - None
Motion: Approve adding Time Value Investments as a Depository
Commissioner Schroeder made a motion to Approve adding Time Value Investments as a
Depository. Commissioner McDaniel seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
J.

BOARD PLANNING
1. Agenda Items for Next Meeting
None
2. Workshops/Study Sessions
A) 9/16/26 at 9:00 AM - County Budget
B) 9/22/26 at 10:00 AM - Willdan - Sheriff's Office Evidence Building Project
3. Pending Hearings

None
K. EXECUTIVE SESSION - IF NECESSARY
None
Recess was called at 9:43 AM to reconvene at 1:00 PM for the Land Use Hearings.
L. LAND USE HEARINGS 1:00 P.M.
The Land Use Hearings were called to order at 1:05 PM. County Clerk Rhonda Braun called the roll.
Dallas Schroeder - Present
Mike Buck - Present
Byron McDaniel - Present
1. The Ridge at Spring Valley Metro District Service Plan: SD-2026-0002
Motion: To Open a Public Hearing for The Ridge at Spring Valley Metro District Service Plan: SD-2026-0002
Commissioner McDaniel made a motion to Open a Public Hearing for The Ridge at Spring Valley Metro District
Service Plan: SD-2026-0002. Commissioner Schroeder seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
Public Hearing Opened at 1:05 PM
Spring Valley Ranch Developer Jim Marshall introduced Carly Olson, Counsel for the applicant, who presented
the service plan to the Commissioners.
Public Comment Larry Gable - Elizabeth
The applicant responded to the public comment concerns. The Commissioners and the applicant had
discussions about the plan.
Motion: Approve the Consolidated Service Plan, Districts 1-5, Case No. SD-2026-0002 to include 2 forms of
notification and also be contingent on an agreement between the Metro District and Elizabeth Parks & Rec
Commissioner Schroeder made a motion to Approve the Consolidated Service Plan, Districts 1-5, Case No. SD2026-0002 to include 2 forms of notification and also be contingent on an agreement between the Metro
District and Elizabeth Parks & Rec. Commissioner McDaniel seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
Motion: To Close a Public Hearing for The Ridge at Spring Valley Metro District Service Plan SD-2026-0002
Commissioner McDaniel made a motion to Close a Public Hearing for The Ridge at Spring Valley Metro District
Service Plan SD-2026-0002. Commissioner Schroeder seconded the motion.

Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
Public Hearing Closed at 1:49 PM
2. Shepherd Solar SUR: SUR-2026-0002 and Shepherd Solar 1041: 1041-2026-0001
Motion: To Open a Public Hearing for Shepherd Solar SUR: SUR-2026-0002 and Shepherd Solar 1041: 10412026-0001
Commissioner Schroeder made a motion to Open a Public Hearing for Shepherd Solar SUR: SUR-2026-0002
and Shepherd Solar 1041: 1041-2026-0001. Commissioner McDaniel seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
Public Hearing Opened at 1:50 PM
Logan Simpson consultants, Mary Geisinger and Jen Garner presented both applications to the
Commissioners.
The applicants representatives from BayWa Renewables, also gave a presentation to the Commissioners:
Natalie Aiello - Permitting Manager
Annaka Eagan - Community Engagement Manager
Cody Ludwig - Director of Construction
Adam Williams - VP of Development
Carolynne White - Land Use Counsel
Brandon Reinhardt - VP Land Entitlements
Analies Ross-Dyjak - Development Manager
Commissioner Buck called for a brief recess at 3:12 PM
Public Comment Janet Brady - Simla
Jim Brady - Simla
Gina Burke - Genwater Consultants
Earth Evans - WSB Consultants
Wayne Brown - Matheson
Christine Brown - Matheson
Rose Marie Ager - Matheson
Danni Hankins - Matheson
Lisa Skidmore - Simla
Lori Saylor - Strasburg
Kris Meredith - Simla
Rick Ager - Matheson
Charlotte Fike - Matheson
Glenda Yarnell - Matheson
Dale Yarnell - Matheson
Jeff Moffett - Gunnison County
Greg Marshall - Ramah

Diana Edstrom - Elbert
Julie Pfost - Matheson
Karlie Beuck-Galliher - Agate
Valorie Meyer - Calhan
Lori Ellefson - Simla
Vicki Sparks - Matheson
Beth Hinds - Matheson
Clint Buhring - Matheson
Terry Ashcraft - Matheson
Bill Howell - Kiowa
Scott Seela Harrison Phillips - Denver
Donna Maranville - Matheson
Trevor Smith - Kiowa
Tony Plesha - Denver Foundation Solutions
Commissioner Buck called for a brief recess at 5:10 PM.
Chris Stacy with BayWa Resources replied to the public comment concerns and questions.
The Commissioners and representatives from BayWa discussed the project and concerns.
Commissioner McDaniel presented his concerns, including water, wildlife impact and light pollution with the
applicant. The applicant addressed each concern.
The applicant responded to Commissioner Schroeder’s inquiries concerning heat domes and agriculture use
on the site. The applicant responded that the goal is to have sheep grazing under the solar panels.
Commissioner Buck presented his concerns about traffic studies, emergency response plans and timelines for
construction. The applicant addressed these concerns. The applicant must receive approval for the SUR and
1041 prior to construction and traffic studies will be conducted upon approval. Commissioner Buck
requested additional information on water usage, road use, decommissioning, housing for workers and
property values for surrounding properties. The applicant addressed the concerns.
Commissioner Schroeder outlined the conditions of approval and asked if the applicant was agreeable to the
conditions. The applicant responded that they agreed to the conditions.
Commissioner Buck requested that the applicant increase the setbacks for the project. The applicant agreed
to add larger setbacks as an additional condition to the SUR.
Commissioner McDaniel asked CDS Director Jen Jones if all criteria had been met for the 1041 application.
Ms. Jones confirmed that everything was in order.
Commissioner Schroeder found that everything was in order and all criteria had been met with the
application for the Shepherd Solar SUR.
Motion: Approve Shepherd Solar SUR: SUR-2026-0002

Commissioner Schroeder made a motion to Approve Shepherd Solar SUR: SUR-2026-0002 with conditions as
discussed.
Due to a lack of a second, the motion failed.
Motion: Denial of Shepherd Solar SUR: SUR-2026-0002
Commissioner Buck made a motion to Deny Shepherd Solar SUR: SUR-2026-0002, Elbert County Zoning
Regulations Article 3, E5, A, C and F. Commissioner McDaniel seconded the motion.
Aye - Mike Buck, Byron McDaniel
Nay - Dallas Schroeder
Motion: Denial for Shepherd Solar 1041: 1041-2026-0001
Commissioner Buck made a motion to Deny Shepherd Solar 1041: 1041-2026-0001, Article 17-M1, BC, M2F
and Appendix A1, C4. Commissioner McDaniel seconded the motion.
Aye - Mike Buck, Byron McDaniel
Nay - Dallas Schroeder
County Attorney Lance Ingalls requested that the BOCC direct staff to bring a written decision to deny
Shepherd Solar SUR and 1041 at the next regular business meeting. Commissioner Buck agreed to the
request.
Motion: To Close a Public Hearing for Shepherd Solar SUR: SUR-2026-0002 and Shepherd Solar 1041: 10412026-0001
Commissioner McDaniel made a motion to Close the Public Hearing. Commissioner Schroeder seconded the
motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
Public Hearing Closed at 6:35 PM
M. ADJOURNMENT
Motion: To Adjourn
Commissioner McDaniel made a motion to Adjourn. Commissioner Schroeder seconded the motion.
Aye - Dallas Schroeder, Byron McDaniel, Mike Buck
Nay - None
The meeting Adjourned at 6:35 PM
NOTICE:
Meeting minutes will be formatted as Action Minutes and summarize actions taken at the meeting. The full
audio/video and agenda packet is available at https://www.elbertcounty-co.gov

COMMUNITY & DEVELOPMENT SERVICES - Development Projects Report
Status Key:
9/16/2026

CDS CASE NO.

Community Meeting
Formal Application
Hearing/Decision
Post-Approval Tracking
Project Name

Status

Community Meeting has been scheduled and/or held but no additional steps have been completed.
Formal application has been received, deemed complete, and is in-process.
Hearing or Administrative Decision has been scheduled.
Approved and pending recordation of final exhibits.
Description

1041

Buffalo Grass Solar 1041

Community Meeting

Utility scale solar project with 398 megawatt generation capacity, a
200 megawatt battery energy storage system and ancillary facilities

Special Use by Review

Buffalo Grass Solar SUR

Community Meeting

Utility scale solar project with 398 megawatt generation capacity, a
200 megawatt battery energy storage system and ancillary facilities

Minor Plat

Buffalo Ridge Minor Plat

Community Meeting

Subdivide 48 acres into two 13 acre lots and two 10 acre lots

Rezone

Buffalo Ridge Rezone

Community Meeting

Rezone from A to AR or RA

Minor Plat

Gross Minor Plat

Community Meeting

Subdivide into two lots

Rezone

Gross Rezone

Community Meeting

Rezone from A to AR

SUR Amendment

Healing Pines Recovery SUR Amendment

Community Meeting

Increase from eight beds to possibly fourteen

Minor Plat

Heideman Minor Plat

Community Meeting

Subdivide into four 10 acre lots

General Location
Parcel #s 2903100184;
2903200042; 2904300106;
2905300007; 2910100153;
2910100154; 2910100155;
2910100156; 2910200125;
2910400076; 2910400077;
2910400079; 2911200157;
2913200088; 2916200162;
2917300091; 2923100137
Parcel #s 2903100184;
2903200042; 2904300106;
2905300007; 2910100153;
2910100154; 2910100155;
2910100156; 2910200125;
2910400076; 2910400077;
2910400079; 2911200157;
2913200088; 2916200162;
2917300091; 2923100137
24820 County Rd 41, Elbert, CO
80106
24820 County Rd 41, Elbert, CO
80106
27580 Rainbow Cir, Elizabeth, CO
80107
27580 Rainbow Cir, Elizabeth, CO
80107
5550 County Rd 124, Elizabeth, CO
80107

Community
Meeting Date

7/22/2026

7/22/2026

8/19/2026

4/6/2026
9/16/2026

Parcel # 8416200412
Rezone

Heideman Rezone

Community Meeting

Rezone from A to AR

Parcel # 8416200412

Minor Plat

Jensen Minor Plat

Community Meeting

Divide 40 acres into four 10 acre lots

Parcel # 8527200178

Rezone

Jensen Rezone

Community Meeting

Rezone from A to AR

Parcel # 8527200178

Minor Plat

O'Connell Minor Plat

Community Meeting

Rezone

O'Connell Rezone

Community Meeting

Rezone

Pike View Farm Rezone

Community Meeting

Final Plat
Final Plat

Prominence FP Filing 2
Prominence FP Filing 3

Community Meeting
Community Meeting

28505 County Road 5, Elizabeth,
CO 80107
28505 County Road 5, Elizabeth,
Rezone from A to AR
CO 80107
28515 Pike View Farm Circle,
Request to rezone 10-acre property from AR to RA-1 for a Minor Plat
Elizabeth, CO 80107
Final Plat for Filing 2
Parcel #6327102010
Final Plat for Filing 3
Parcel #6327102010

12/9/2025

6/10/2026

Divide 40 acres into four 10 acre lots

9/23/2026
5/14/2025
11/12/2025
11/12/2025

Planning
Board of County
Commission Date Commissioners Date

Board of
Adjustment
Date

Admin Decision
Date

Community
Meeting Date

CDS CASE NO.

Project Name

Status

Description

General Location

Minor Plat

Radi Minor Plat

Community Meeting

Subdivide 40 acres into four 10 acre lots

Parcel # 8426200539

Rezone

Radi Rezone

Community Meeting

Rezone from A to AR

Parcel # 8426200539

Minor Plat

Rollin Minor Plat

Community Meeting

Subdivide 44.878 acres into three 14.93 acres lots

46540 Commanche Creek Rd,
Bennett, CO, 80102

RZ

Rollin Rezone

Community Meeting

Rezone from A to AR or RA

46540 Comance Creek Rd, Bennet,
CO 80102

8/13/2024 &
5/26/26

Rezone

Serenity PUD

Community Meeting

Rezone to PUD - Age restricted residential

Parcel #7511200130 and Parcel
#7510400012

1/27/2026

Special Use by Review

Soaring Heights Kennel SUR

Community Meeting

Small dog boarding facility

MP-2026-0005

Hayhurst Minor Plat

Formal Application

Creation of one 10-acre lot

PA-2026-0001

Hayhurst Plat Amendment

Formal Application

Revise lot lines to combine two 10-acre lots

RZ-2026-0006
PP-2026-0002

Hayhurst Rezone
CoyoteRidge Preliminary Plat

Formal Application
Formal Application

Rezone 10 acres of Parcel A from A to AR
221 residential lots with parks and open space on 112 acres

FP-2025-0003

Crescence (FKA EC West) Final Plat - Filing 3

Formal Application

Final plat for roadways and residential lots

FP-2026-0001

Crescence Filing 4 Final Plat

Formal Application

Final Plat for improving roadways and establishing 93 single family
residential lots

MP-2026-0004

Deerpoint Ranch Lot 2A Minor Plat

Formal Application

Subdivide 49 acres into four 12 acre lots

RZ-2026-0005

Deerpoint Ranch Lot 2A Rezone

Formal Application

Rezone from A to AR or RA

EDZS-2026-0001

Evans EDZ SDP

Formal Application

Garden center and farmers market

RZ-2026-0001

Huey Rezone

Formal Application

Rezone from I to R-2

FP-2026-0004

Independence Filing 6 Final Plat

Formal Application

Platting of all additional Independence property

FP-2026-0005

Independence Filing 7 Final Plat

Formal Application

Platting of all additional Independence property

FP-2026-0006

Independence Filing 8 Final Plat

Formal Application

Platting of all additional Independence property

SUR-2026-0001

Iron Horse SUR (FKA Magdalen)

Formal Application

Veterinary Clinic

SE-2026-0001

Mazerall Subdivision Exemption Plat

Formal Application

Subdivision Exemption for an illegally subdivided property

FP-2025-0004

Nellessen Final Plat

Formal Application

Creating 16 residential lots and one industrial lot

RZ-2025-0009

Nellessen Rezone

Formal Application

Rezone from PUD to AR and Industrial

FP-2026-0008

Prominence FP Filing 1

Formal Application

Final Plat for Filing 1

MP-2025-0003

Scott-Humphrey Minor Plat

Formal Application

Subdivide and create two additional lots

RZ-2025-0010

Scott-Humphrey Rezone

Formal Application

Rezone from A to AR

13390 County Road 182, Bennett,
CO 80102
Parcel #9534401001 and Parcel
#9534400089
Parcel #9534400089 & Parcel
#9534401001
Parcel #9534400089
Parcel # 6419300264

7/15/2026

6/29/2026

8/11/2026
6/23/2026

41800 County Road 29, Elizabeth,
CO 80107
Intersection of County Rd 29 and
County Rd 174
39540 County Road 13, Elizabeth,
CO 80117
39540 County Road 13, Elizabeth,
CO 80107
3074 County Road 166, Elizabeth,
CO 80107
Parcel # 0915400040
Parcel # 7515201001 and Parcel #
7515301001
Parcel # 7515201001 and Parcel #
7515301001
Parcel # 7515201001 and Parcel #
7515301001
650 Morning Sky Place, Elizabeth,
CO 80107
31980 Hwy 24, Simla, CO 80835
Parcel 9429300194/4501/4735 CR
102
Parcel 9429300194/4501/4735 CR
102
Parcel #6327102010
159 County Road 118, Elizabeth,
CO 80107
159 County Road 118, Elizabeth,
CO 80107

5/12/2026

2/18/2026
11/20/2025
11/20/2025
11/20/2025
1/28/2026

1/29/2025
1/29/2025
11/12/2025

8/25/2025

Planning
Board of County
Commission Date Commissioners Date

Board of
Adjustment
Date

Admin Decision
Date

CDS CASE NO.

Project Name

Status

Description

MP-2026-0003

Stovall Minor Plat

Formal Application

Subdivide one 35 acre parcel to create three separate lots

RZ-2026-0004

Stovall Rezone

Formal Application

Rezone from A to either AR or RA

FP-2026-0007

Tailwind Crossing Final Plat

Formal Application

General Location
9600 Private Road 192, Elizabeth,
CO 80107
9600 Private Road 192, Elizabeth,
CO 80107

Subdividing 176 acres into 14 10-acre lots and open space

6236 County Rd 132, Elizabeth, CO
80107

Moorstead PUD - CR 21 and CR
174
ROW deeded by plat

PP-2026-0001

The Ridge at Spring Valley Preliminary Plat Filing I (FKA Moorstead PUD)

Formal Application

VAC-2026-0001

Indy Delbert-Declaration ROW Vacation

Formal Application

Preliminary Plat for filing I of the Moorstead PUD, consisting of 633
single-family residential units only
Delbert-Declaration ROW Vacation

MP-2025-0004

Open Sky (FKA Brewer 2) Minor Plat

Hearing/Decision

Proposal to subdivide one 40 acre parcel to four 10 acre parcels

Parcel # 6435200290

RZ-2025-0011

Open Sky (FKA Brewer 2) Rezone

Hearing/Decision

Proposal to rezone a 40 acre parcel from A to RA

Parcel # 6435200290
Parcel #'s 8832200050,
8833100001, 9803000005 &
9805100001

Community
Meeting Date

Planning
Board of County
Commission Date Commissioners Date

9/17/2025

3/24/2026

11/5/2025

10/20/2026

11/10/2026

11/4/2026

11/18/2026

Intersection of County Road 154
and County Road 29

12/2/2024 &
3/4/2026

10/6/2026

10/28/2026

PUD-2026-0001

Colorado Plains Ranch (FKA Thompson Ranch PUD)

Hearing/Decision

Master planned agricultural/industrial park

PUD-2024-1542

Blue Sky Ranch FKA Miller Ranch PUD

Hearing/Decision

PUD for residential development

RZ-2026-0003

Maciunskas Margaret Trust Rezone

Hearing/Decision

Rezone from A to RA

32875 CR 33, Kiowa, CO 80117

3/9/2026

10/20/2026

11/10/2026

CR 21 and Pronghorn Ave (East of
CR 21 and south of Pronghorn)

11/19/2025

10/20/2026

11/10/2026

FP-2025-0006

Phantom Creek Final Plat

Hearing/Decision

Final plat for seven 10-acre lots zoned AR. Project also includes
approximately 33 acres of open space

1041-2026-0001

Shepherd Solar 1041 (PKA Grey Wolf)

Hearing/Decision

Construction and operation of an approximately 199-Megawatt
alternating current (Mwac) solar facility with an associated
100MW/400MWh battery energy storage system (BESS).

Parcel #'s 1926300138,
1936000044, and 1831000038

12/8/2025 &
4/1/2026

9/1/2026

9/9/2026

SUR-2026-0002

Shepherd Solar SUR (PKA Grey Wolf)

Hearing/Decision

Construction and operation of an approximately 199-Megawatt
alternating current (Mwac) solar facility with an associated
100MW/400MWh battery energy storage system (BESS)

Parcel #'s 1926300138,
1936000044, and 1831000038

12/8/2025 &
4/1/2026

9/1/2026

9/9/2026

SUR-2026-0004

Silver Buckle Ranch Tower SUR

Hearing/Decision

Freestanding wireless facility

4/28/2026

9/22/2026

10/14/2026

The Ridge at Spring Valley Metro District Service Plan 1-5

Hearing/Decision

Metro District Service Plan

8/4/2026

9/9/2026

MP-2026-0002

Vail Minor Plat

Hearing/Decision

Subdivide into three lots

SD-2026-0001

Coyote Ridge Metro District Service Plan

Post Approval (Tracking)

Metro District Service Plan

7/7/2026

8/26/2026

FP-2025-0005

Freedom Valley Ranch Pre/Final Plat

Post Approval (Tracking)

7/7/2026

7/22/2026

7/7/2026

7/22/2026

Subdivide five 40-acre parcels into twenty 10-acre lots

9/9/2026

1001 CR 174, Elizabeth, CO, 80107

RZ-2025-0008

Freedom Valley Ranch Rezone

Post Approval (Tracking)

Rezone five 40 acre parcels from A to RA

1001 CR 174, Elizabeth, CO, 80107

MP-2026-0001

Ptarmigan Ranch North

Post Approval (Tracking)

Subdivide 43.4 acres into four 10/11 acre lots

PA-2025-0003

Snell Plat Amendment (PKA Gowler)

Post Approval (Tracking)

Building envelope adjustment

RZ-2026-0002

Vail Rezone

Post Approval (Tracking)

Rezone from A to AR

FP-2026-0003

Vigil Final Plat

Post Approval (Tracking)

Development of five 10 acre lots

Parcel # 6525100219
222 High Meadows Loop,
Elizabeth, CO 80107
43248 Meadowbrook Cir,
Elizabeth, CO 80107
30951 Private Road 23, Elizabeth,
CO 80107

Admin Decision
Date

2/13/2024 &
12/17/25

2/25/2026 &
5/11/2026

44502 County Road 29, Elizabeth,
CO 80107
CR 21 and CR 174
43248 Meadowbrook Cir,
Elizabeth, CO 80107
Parcel # 6419300264

Board of
Adjustment
Date

7/16/2025

6/10/2026
2/9/2026
2/3/2026

8/4/2026

8/12/2026

7/7/2026

7/22/2026

Recognition of the Annual
National 4-H Week
October 4 - 10, 2026
Whereas, this year’s National 4-H Week theme, “Beyond Ready,” reminds us that
4-H is building a ready generation in a world of change and equips young people
with skills for the future while meeting them where they are today;
Whereas, 4-H is America’s largest youth development organization, supporting six
million youth across the country; and
Whereas, 4-H programs are delivered by the Cooperative Extension System – a
community of more than 100 public land-grant colleges and universities across
the Nation – that provides experiences for young people to learn by doing;
Whereas, 4-H is in every city and county in the United States and helps 6 million
youth become engaged, successful and independent; and
Whereas, 4-H connects young people and adults to their communities, preparing
them for work and life through experiential and inquiry-based learning while
providing emerging research for positive youth development; and
Whereas, expanding from its strong agricultural roots, 4-H helps young people
explore the world around them and grow into productive adults; and
Whereas, supporting future leaders in science, agriculture and community
leadership is an important imperative for U.S. Department of Agriculture National
Institute of Food and Agriculture 4-H program; and
NOW, THEREFORE, be it proclaimed by the Board of Elbert County
Commissioners that we: do hereby officially recognize and designate October 4,
through October 10, 2026 as NATIONAL 4-H WEEK and encourage our citizens to
recognize 4-H for the significant impact it has made and continues to make by
empowering youth with the skills they need to lead for a lifetime.

_________________________________
Mike Buck
Chair, Commissioner
__________________________________
Byron McDaniel
Vice Chair, Commissioner
__________________________________
Dallas Schroeder
Commissioner

ELBERT COUNTY GOVERNMENT
STAFF SUMMARY
For
BOCC MEETING PRESENTATION
Date of Presentation: 9/23/2026
Staff Lead: Kayleigh Mannering, Liquor Licensing Clerk
Effected Departments and Offices Effected: BOCC
Topic: PUBLIC HEARING - Special Event Liquor Permit for the Elbert County Chamber of
Commerce
Agenda Item #: 2026
1. Purpose: To grant a Special Event Liquor Permit to the Elbert County Chamber of
Commerce on October 10, 2026, from 10 a.m. to 3 p.m., to be held at 39101 Hancock Way,
Elizabeth, CO 80107.
2. Background: Event put on by the Elbert County Chamber of Commerce
3. Key Points:
a. Key Point 1: All required forms and fees have been submitted
b. Key Point 2: Public notice was placed on property and in Elbert County News
c. Key Point 3: No concerns have been submitted
4. Impact on County:
a. Fiscal: N/A
b. Services: N/A
c. Infrastructure: N/A
5. BOCC Action Required: Staff recommends approval of the Special Event Liquor permit for
the Elbert County Chamber of Commerce
6. Required Decision Date:
7. Enclosures:
a. Enclosure 1: Elbert County Chamber of Commerce SEP App 2026_Redacted

STATE OF COLORADO }
} ss
COUNTY OF ELBERT
}
At a regular meeting of the Board of County Commissioners for Elbert County, State of
Colorado, held at the Elbert County Fairgrounds Agriculture Building in Kiowa, Colorado on
Wednesday, the 23rd day of September 2026, there were present:
Mike Buck
Byron McDaniel
Dallas Schroeder
Rhonda Braun

Chair
Vice Chair
Commissioner
Clerk to the Board

When the following proceedings, among others, were had and done, to wit:
APPROVE
RESOLUTION 26-___________
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ELBERT
COUNTY, COLORADO DENYING THE SPECIAL USE BY REVIEW (SUR) FOR
SHEPHERD SOLAR (SUR-2026-0002)
WHEREAS, Elbert County, Colorado (the “County”) is a duly and regularly created, organized
and existing political subdivision and public body corporate and politic, existing as such under
and by virtue of the Constitution and laws of the State of Colorado; and
WHEREAS, the members of the Board of County Commissioners of the County have been duly
elected and qualified; and
WHEREAS, the applicants requested an SUR permit to construct and operate a solar energy
facility across approximately 1,990 acres with a battery energy storage system (BESS) and
operations & maintenance building (O&M), in southeastern Elbert County; and
WHEREAS, at a duly noticed public hearing on September 1, 2026, the Planning Commission
held a public hearing on the proposed Shepherd Solar SUR. At the hearing there were
presentations by Staff and the applicant, public comment was solicited, and the Planning
Commission voted for and forwarded a recommendation of denial to the Board of County
Commissioners for consideration; and
WHEREAS, the Board of County Commissioners, having found that the original hearing was
properly noticed, and having reviewed the recommendation of the Planning Commission and
having reviewed the documentation of the applicant, and having listened to all public comment,
moved to deny the SUR permit for failing to meet one or more of the approval criteria; and
WHEREAS, after a motion and a second, the Board voted 2 in favor and 1 opposed to deny the
SUR permit and then directed the County Attorney to prepare a written resolution of denial to be

1

presented to the Board at their next regularly scheduled business meeting for final determination;
and
WHEREAS, this resolution was prepared and presented to the Board as the proposed form of
denial of the SUR permit as further set forth herein.
NOW THEREFORE, BE IT RESOLVED, the proposed Shepherd Solar Special Use by
Review fails to satisfy the Board that it meets all review criteria found in the Elbert County
Zoning Regulations Article III.E.5, thus the Board of County Commissioners of the County of
Elbert, State of Colorado does hereby deny the Shepherd Solar Special Use by Review (SUR),
Case No. SUR-2026-0002 based upon the following findings:
1. Subsection A, the proposed use is not in harmony and compatible with the surrounding
area and neighborhood; and
2. Subsection C, the use will likely unduly increase traffic congestion or burden the
existing road system; and
3. Subsection F, the proposed use will not be adequately landscaped, buffered, and
screened.
Upon a motion duly made and seconded, the foregoing resolution was adopted by the following
vote:

______________________________________AYE/NAY
MIKE BUCK, CHAIR

______________________________________AYE/NAY
BYRON MCDANIEL, VICE CHAIR

______________________________________ AYE/NAY
DALLAS SCHROEDER, COMMISSIONER

ATTEST:

RHONDA BRAUN
COUNTY CLERK

BY:____________________________________
CLERK TO THE BOARD

2
Resolution No. 26- ____

STATE OF COLORADO }
} ss
COUNTY OF ELBERT
}
At a regular meeting of the Board of County Commissioners for Elbert County, State of
Colorado, held at the Elbert County Fairgrounds Agriculture Building in Kiowa, Colorado on
Wednesday, the 23rd day of September 2026, there were present:
Mike Buck
Byron McDaniel
Dallas Schroeder
Rhonda Braun

Chair
Vice Chair
Commissioner
Clerk to the Board

When the following proceedings, among others, were had and done, to wit:
APPROVE
RESOLUTION 26-___________
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ELBERT
COUNTY, COLORADO DENYING THE MAJOR 1041 LAND USE PERMIT FOR
SHEPHERD SOLAR (1041-2026-0001)
WHEREAS, Elbert County, Colorado (the “County”) is a duly and regularly created, organized
and existing political subdivision and public body corporate and politic, existing as such under
and by virtue of the Constitution and laws of the State of Colorado; and
WHEREAS, the members of the Board of County Commissioners of the County have been duly
elected and qualified; and
WHEREAS, the applicants requested a Major 1041 land use permit to construct and operate a
solar energy facility across approximately 1,990 acres with a battery energy storage system
(BESS) and operations & maintenance building (O&M), in southeastern Elbert County; and
WHEREAS, at a duly noticed public hearing on September 1, 2026, the Planning Commission
held a public hearing on the proposed Shepherd Solar Major 1041 land use permit. At the
hearing there were presentations by Staff and the applicant, public comment was solicited, and
the Planning Commission forwarded a recommendation of denial to the Board of County
Commissioners for consideration; and
WHEREAS, the Board of County Commissioners, having found that the original hearing was
properly noticed, and having reviewed the recommendation of the Planning Commission and
having reviewed the documentation of the applicant, and having listened to all public comment,
moved to deny the Major 1041 permit for failing to meet one or more of the approval criteria;
and

1

WHEREAS, after a motion and a second, the Board voted 2 in favor and 1 opposed to deny the
Major 1041 permit and then directed the County Attorney to prepare a written resolution of
denial to be presented to the Board at their next regularly scheduled business meeting for final
determination; and
WHEREAS, this resolution was prepared and presented to the Board as the proposed form of
denial of the Major 1041 permit as further set forth herein.
NOW THEREFORE, BE IT RESOLVED, the proposed Shepherd Solar Major 1041 permit
fails to satisfy the Board that it meets all review criteria found in the Elbert County Zoning
Regulations Article XVII.M. (Approval Criteria), thus the Board of County Commissioners of
the County of Elbert, State of Colorado does hereby deny the Shepherd Solar Major 1041
Land Use Permit, Case No. 1041-2026-0001 based upon the following findings:
1. Paragraph 1, Criteria (b), the proposed project has not adequately demonstrated that it
protects water quality and supply according to the relevant provisions of any existing
water quality plans; and
2. Paragraph 1, Criteria (c), the proposed project has not satisfactorily satisfied the Board that it
is not subject to significant risk from natural hazards; and
3. Paragraph 1, Criteria (g), the Board is not satisfied that the proposed activity will not
significantly degrade the environment, specifically, Appendix “A,” 1(c)4 “changes in short or
long term housing availability, location, cost or condition;” and
4. Paragraph 2, Criteria (f), the Board is not persuaded that the benefits accruing to the County
and its residents from the proposed activity do not outweigh the losses of any resources
within the County or the losses of opportunities to develop such resources.
Upon a motion duly made and seconded, the foregoing resolution was adopted by the following
vote:
______________________________________AYE/NAY
MIKE BUCK, CHAIR

______________________________________AYE/NAY
BYRON MCDANIEL, VICE CHAIR

______________________________________ AYE/NAY
DALLAS SCHROEDER, COMMISSIONER

ATTEST:

RHONDA BRAUN
COUNTY CLERK

2
Resolution No. 26- ____

BY:____________________________________
CLERK TO THE BOARD

3
Resolution No. 26- ____

MEMORANDUM
To:

Elbert County Board of County Commissioners

From:

Jennifer Jones, AICP, Community & Development Services Director

Date:

September 23, 2026

Re:

Solar & Battery Energy Storage Systems Regulations

CDS and Legal staff have had several work sessions with the Board of County Commissioners (BOCC)
regarding potential solar and battery energy storage systems (BESS) regulations. Following work session
discussions, staff prepared draft regulations for consideration by the Planning Commission (PC). The draft
regulations were heard by the PC on August 18, 2026. The draft regulations presented to the PC are
included as Attachment A. The PC recommended 7-0 to forward the draft regulations to the BOCC for
approval with several revisions. Staff has incorporated the recommended revisions from the PC into the
draft regulations, which is included as Attachment B.
Kara Gerczynski, a local fire protection expert, has provided comments on the draft regulations. These
comments are included as Attachment C-1. Staff has incorporated revisions to address the comments in
Attachment C.
These regulation updates were noticed in the Elbert County News on September 10, 2026, as required per
ECZR Art. II E. The affidavit of publication is included as Attachment D.
Attachments
Attachment A – Original draft text presented to the Planning Commission
Attachment B – Planning Commission Recommendations
Attachment C – Fire Recommendations
Attachment C-1 – Comments from Kara Gerczynski
Attachment D – Affidavit of public notice publication

Page 1

ATTACHMENT A
ORIGINAL DRAFT TEXT PRESENTED TO PLANNING COMMISSION
Changes / additions to existing regulations are presented in red text.
ZONING REGULATIONS
ECZR Art. V.D.
 Revise land use categories in the land use table to include BESS; separate solar and wind
 Modify allowable zoning districts
 Indicate supplemental standards are applicable
Land Use Table Redlines:

ECZR Art. V.E.
 Insert Solar Farm, with or without Battery Energy Storage Systems (BESS) alphabetically
between Shooting Gallery, Private and Storage and Distribution; adjust all numbering
accordingly
Draft Supplemental Standards Text:
Solar Farm, with or without Battery Energy Storage Systems (BESS)
(a) Required Setbacks
Required Setbacks

Solar Panels

BESS

Residential Structure
Non-Residential Structure Intended for
Human Occupancy (such as an office)
Non-Residential Structure NOT Intended
for Human Occupancy (such as a barn or
shed)
Public Road
Private Road

500-ft

1,000-ft

500-ft

1,000-ft

50-ft

350-ft

500-ft
350-ft

1,000-ft
1,000-ft

(b) Battery Energy Storage System units shall be located internal to the site and should not
be located at the perimeter of the site.
(c) Battery Energy Storage System units shall be spaced a minimum of ten-feet apart.
(d) A defensible space buffer of least 50-ft in width shall be maintained around the outer

boundary of the site to main a safety zone. The buffer may be located within the
required setback.


Modify Wind Farm. Reserved.

Draft Supplemental Standards Text:
Wind Farm, with or without Battery Energy Storage Systems (BESS)
(a) Required Setbacks for Battery Energy Storage Systems associated with wind farm.
Required Setbacks

BESS

Residential Structure
Non-Residential Structure Intended for
Human Occupancy (such as an office)
Non-Residential Structure NOT Intended
for Human Occupancy (such as a barn or
shed)
Public Road
Private Road

1,000-ft
1,000-ft
350-ft
1,000-ft
1,000-ft

(b) Battery Energy Storage System units shall be located internal to the site and should not
be located at the perimeter of the site.
(c) Battery Energy Storage System units shall be spaced a minimum of ten-feet apart.
(d) A defensible space buffer of least 50-ft in width shall be maintained around the outer
boundary of the site to main a safety zone. The buffer may be located within any
required setback.
ECZR Appendix A.
 Insert additional definitions needed for solar and Battery Energy Storage Sytems
 Adjust Appendix A alphabetically as necessary
Draft Definitions:
Battery Energy Storage Systems (BESS): A rechargable energy storage system consisting of
batteries, battery chargers, controls, power conditioning systems and assocaited electrical
equipment designed to provide electrical power to a building or to provide electrical gridrelated servcies. Battery energy storage systems designed and operated for a single residential
household shall not be included in the definition.
Defensible Space Buffer: A managed zone of cleared or thinned vegetation and combustible
materials established around a site or structure.
Solar Farm: An electricity generating facility consisting of one or more solar panels under
common ownership or operating control, and includes substations, cables/wire and other

buldings accessory to the facility, whose main purpose is to supply electricity to the utility grid
and/or off-site customers.

ATTACHMENT B
PLANNING COMMISSION RECOMMENDATIONS
Planning Commission recommended changes are presented in blue text.
ZONING REGULATIONS
ECZR Art. V.D.
 Revise land use categories in the land use table to include BESS; separate solar and wind
 Modify allowable zoning districts
 Indicate supplemental standards are applicable
Land Use Table Redlines:

ECZR Art. V.E.
 Insert Solar Farm, with or without Battery Energy Storage Systems (BESS) alphabetically
between Shooting Gallery, Private and Storage and Distribution; adjust all numbering
accordingly
Draft Supplemental Standards Text:
Solar Farm, with or without Battery Energy Storage Systems (BESS)
(a) Required Setbacks
Required Setbacks*

Solar Panels

Residential Structure
500-ft
Non-Residential Structure Intended for
500-ft
Human Occupancy (such as an office)
Non-Residential Structure NOT Intended
for Human Occupancy (such as a barn or
10050-ft
shed)
Public Road
500-ft
Private Road
350-ft
Outer Boundary of Project Site
500-ft
*The greater of the required setbacks shall apply.

BESS
1,000-ft
1,000-ft
350-ft
1,000-ft
1,000-ft
1,000-ft

(b) Battery Energy Storage System units shall be located internal to the site and
shouldshall not be located at the perimeter of the site.

(c) Battery Energy Storage System units shall be spaced a minimum of ten20-feet apart.
(d) A defensible space buffer of least 50-ft in width shall be maintained around the outer
boundary of the site to main a safety zone. The buffer may be located within the
required setback.
(e) Only non-combustible materials shall be used within the BESS area, including for
ground surfacing, between units, and including a 20-ft permiter around the outside of
the BESS area.


Modify Wind Farm. Reserved.

Draft Supplemental Standards Text:
Wind Farm, with or without Battery Energy Storage Systems (BESS)
(a) Required Setbacks for Battery Energy Storage Systems associated with wind farm.
Required Setbacks

BESS

Residential Structure
Non-Residential Structure Intended for
Human Occupancy (such as an office)
Non-Residential Structure NOT Intended
for Human Occupancy (such as a barn or
shed)
Public Road
Private Road

1,000-ft
1,000-ft
350-ft
1,000-ft
1,000-ft

(a) Battery Energy Storage System units shall be located internal to the site and
shouldshall not be located at the perimeter of the site.
(b) Battery Energy Storage System units shall be spaced a minimum of ten20-feet apart.
(c) A defensible space buffer of least 50-ft in width shall be maintained around the outer
boundary of the site to main a safety zone. The buffer may be located within any
required setback.
(d) Only non-combustible materials shall be used within the BESS area, including for
ground surfacing, between units, and including a 20-ft permiter around the outside of
the BESS area.
ECZR Appendix A.
 Insert additional definitions needed for solar and Battery Energy Storage Sytems
 Adjust Appendix A alphabetically as necessary
Draft Definitions:
Battery Energy Storage Systems (BESS): A rechargable energy storage system consisting of
batteries, battery chargers, controls, power conditioning systems and assocaited electrical
equipment designed to provide electrical power to a building or to provide electrical grid-

related servcies. Battery energy storage systems designed and operated for a single residential
household shall not be included in the definition.
Defensible Space Buffer: A managed zone of cleared or thinned vegetation and combustible
materials established around a site or structure.
Solar Farm: An electricity generating facility which generates over 1 megawatt (MW) of
electricity, consisting of one or more solar panels under common ownership or operating
control, and includes solar panels/solar array, substations, cables/wire, and other buldings
accessory to the facility, whose main purpose is to supply electricity to the utility grid and/or
off-site customers.

ATTACHMENT C
FIRE RECOMMENDATIONS
Revisions to address expert fire recommendations are presented in green text.
ZONING REGULATIONS
ECZR Art. V.D.
 Revise land use categories in the land use table to include BESS; separate solar and wind
 Modify allowable zoning districts
 Indicate supplemental standards are applicable
Land Use Table Redlines:

ECZR Art. V.E.
 Insert Solar Farm, with or without Battery Energy Storage Systems (BESS) alphabetically
between Shooting Gallery, Private and Storage and Distribution; adjust all numbering
accordingly
Draft Supplemental Standards Text:
Solar Farm, with or without Battery Energy Storage Systems (BESS)
(a) Required Setbacks
Required Setbacks*

Solar Panels

Residential Structure
Non-Residential Structure Intended for
Human Occupancy (such as an office)
Non-Residential Structure NOT Intended
for Human Occupancy (such as a barn or
shed)
Public Road
Private Road
* Setbacks applicable only to off-site structures.

BESS

500-ft

1,000-ft

500-ft

1,000-ft

50-ft

350-ft

500-ft
350-ft

1,000-ft
1,000-ft

(b) Battery Energy Storage System units shall be located internal to the site and should not
be located at the perimeter of the site.
(c) Battery Energy Storage System units shall be spaced a minimum of ten-feet apart or as

otherwise required per manufacturer specifications and approved by the local fire
district.
(d) A defensible space buffer of least 50-ft in width shall be maintained around the outer
boundary of the site to main a safety zone. The buffer may be located within the
required setback.
(e) In the event an applicant believes there is a safer manner to consturct facilities in
accordance with specific technology and manufacturer performance standards, the
Board may consider alternatives not withstanding any setbacks or spacing
requirements herein.


Modify Wind Farm. Reserved.

Draft Supplemental Standards Text:
Wind Farm, with or without Battery Energy Storage Systems (BESS)
(a) Required Setbacks for Battery Energy Storage Systems associated with wind farm.
Required Setbacks*

BESS

Residential Structure
1,000-ft
Non-Residential Structure Intended for
1,000-ft
Human Occupancy (such as an office)
Non-Residential Structure NOT Intended
for Human Occupancy (such as a barn or
350-ft
shed)
Public Road
1,000-ft
Private Road
1,000-ft
* Setbacks applicable only to off-site structures.

(b) Battery Energy Storage System units shall be located internal to the site and should not
be located at the perimeter of the site.
(c) Battery Energy Storage System units shall be spaced a minimum of ten-feet apart or as
otherwise required per manufacturer specifications and approved by the local fire
district.
(d) A defensible space buffer of least 50-ft in width shall be maintained around the outer
boundary of the site to main a safety zone. The buffer may be located within any
required setback.
(e) In the event an applicant believes there is a safer manner to consturct facilities in
accordance with specific technology and manufacturer performance standards, the
Board may consider alternatives not withstanding any setbacks or spacing
requirements herein.

ECZR Appendix A.
 Insert additional definitions needed for solar and Battery Energy Storage Sytems



Adjust Appendix A alphabetically as necessary

Draft Definitions:
Battery Energy Storage Systems (BESS): A rechargable energy storage system consisting of
batteries, battery chargers, controls, power conditioning systems and assocaited electrical
equipment designed to provide electrical power to a building or to provide electrical gridrelated servcies. Battery energy storage systems designed and operated for a single residential
household shall not be included in the definition.
Defensible Space Buffer: A managed zone of cleared or thinned vegetation and combustible
materials established around a site or structure.
Solar Farm: An electricity generating facility consisting of one or more solar panels under
common ownership or operating control, and includes substations, cables/wire and other
buldings accessory to the facility, whose main purpose is to supply electricity to the utility grid
and/or off-site customers.

ATTACHMENT C-1
COMMENTS FROM KARA GERCZYNSKI
Hi Jennifer,
Thanks for sending this over. I do have some concerns with the draft resolution, which I have
outlined below. I would be happy to discuss these further with you.
· Technology-Specific Requirements
The current separation requirements appear to be primarily based on the hazards associated with
lithium-ion battery energy storage systems (BESS). However, other energy storage technologies may
be deployed within the county that pose significantly di erent fire and thermal-runaway risks. NFPA
855 recognizes that hazard characteristics can vary by technology; therefore, it may be appropriate
to tailor separation requirements to the specific energy storage technology and its demonstrated
performance, rather than applying a single standard to all systems.
· Internal vs. External Site Exposures
The code should distinguish between structures and infrastructure that are internal to the energy
storage facility and those that are external exposures. Certain buildings, access roads, and
operational facilities located within the site are necessary for maintenance, monitoring, security,
and overall facility operations. Applying the same setback requirements to both internal and
external site features may create unintended operational challenges without providing a
corresponding increase in life safety or property protection.
· Separation Distances Between BESS Enclosures
Separation distances between BESS units should be based on manufacturer-specific testing and
system design. NFPA 855 relies on large-scale fire testing, typically conducted in accordance with
UL 9540A, to evaluate thermal runaway propagation, fire spread, and the adequacy of separation
distances between energy storage units. As a result, the required spacing can vary considerably by
manufacturer and technology. I recommend revising this requirement to either establish a
minimum separation distance of 10 feet or that the required spacing shall be determined by
approved large-scale fire testing and the manufacturer's installation requirements in accordance
with locally recognized standards.
Best regards,
Kara Gerczynski