New code clarifies power plant, battery storage reviews
By North Forty News Staff | NorthFortyNews.com
Weld County has updated its land-use rules for power plants and battery energy storage systems, establishing new standards as energy technology and development continue to evolve.
The Weld County Board of County Commissioners approved Ordinance 2026-04, revising portions of Chapters 2, 21 and 23 of the county code. The changes clarify how energy facilities are classified and reviewed while adding regulations for uses that were not specifically addressed under the previous code.
“Our goal is to have clear, consistent rules that property owners, developers and county staff can understand,” Planning Director David Eisenbraun said. “This ordinance helps remove confusion in the current code and provides specific standards for power plants and battery energy storage systems.”
Power plants generating more than 50 megawatts and providing electricity to a public utility will continue to undergo the county’s 1041 review process under Chapter 21. Plants producing 50 MW or less, or those that do not supply a public utility, will fall under zoning regulations in Chapter 23.
The ordinance also places wind generators under the county’s “power plants” classification rather than listing them separately within individual zoning districts. Solar facilities will continue to be regulated separately.
Battery energy storage systems, commonly called BESS, now have their own regulations in county code. Those provisions include setbacks and other requirements specific to battery storage facilities.
The county also removed the broad “major facilities of public utilities” category from Chapter 23. Uses previously grouped under that designation, including water treatment plants, will instead be listed separately in the appropriate zoning districts.
The change also gives county commissioners a larger role in some land-use decisions. When those facilities require a Use by Special Review, applications will be considered by both the Weld County Planning Commission and Board of County Commissioners, with commissioners making the final decision.
“Weld County has a long history of supporting responsible energy development,” Commissioner Lynette Peppler said. “Updating our code allows us to address new technologies. It ensures we have clear and consistent rules for how these facilities are reviewed.”
More information is available from Weld County.
Source: Weld County
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