RBC | Last Friday, the Board of County Commissioners held a work session to discuss the moratorium on wind and solar energy projects. No official decisions were made during the session.
County Surveyor Leif Joy attended the meeting and provided the board with options and updates on the status of the moratorium.
He explained that in September 2023, he was tasked with drafting an additional article to the existing land use regulations, known as Article 19. This followed the first moratorium.
“We wrote Article 19 with the help of some industry experts, including NextEra Energy. We also received assistance from Morgan County by using their land use regulations as a model,” Joy said.
“We ran it through NextEra, then back through Morgan County for a quick review with a planner. We also had an internal review with Don Steerman and Eddie Smercina, as well as the board,” Joy added.
Following the reviews, a series of comments were returned. Rio Blanco County Natural Resources Director Eddie Smercina assisted with the emergency management plan for the article. In December 2023, discussions began about moving to a 1041 process, which is now with the legal department. This raised questions about the direction the county would take.
County Attorney Don Steerman provided insight into what a 1041 regulation could mean for Rio Blanco County.
“They are designed to be more extensive than the regular LDRs [Land Development Regulations]. What they do is allow the BOCC to be more involved in larger projects with more impact, such as permits, zoning and regulations,” Steerman said.
He continued by explaining how different counties have approached 1041 regulations. “Some counties have combined their zoning and 1041 regulations, and some have included other areas of state interest that we have not yet considered,” Steerman said.
“The basic idea is that it generally allows the BOCC to have more authority to ask for certain things from companies. It can apply to anything from oil and gas facilities to large-scale operations like solar and wind energy projects,” Steerman continued.
The 1041 process also provides flexibility when new, unforeseen developments arise, such as statewide issues that may require additional regulations.
“The goal is to minimize the impact of large-scale operations to the extent counties want. Some counties, like Boulder, are much more restrictive compared to rural areas, where the regulations differ significantly,” Steerman said.
The commissioners then proceeded to read Article 19 section by section and encouraged input from the community in attendance. The next regular Board of County Commissioners meeting was scheduled for Sept. 10 at 9 a.m. at the courthouse in Meeker, Colorado.
By JARED HENDERSON


