County updates power plant, battery storage rules
Published on August 26, 2026
The Weld County Board of County Commissioners (BOCC) approved changes to the county code related to power plants, battery energy storage systems and other similar uses.
The changes, approved through Ordinance 2026-04, update parts of Chapters 2, 21 and 23 of the Weld County Code. They are intended to make the county’s regulations easier to understand and apply. They also address uses not previously covered by the code.
“Our goal is to have clear, consistent rules that property owners, developers and county staff can understand,” said David Eisenbraun, Director of Planning. “This ordinance helps remove confusion in the current code and provides specific standards for power plants and battery energy storage systems.”
What is changing?
- Power plants: Power plants that are more than 50 megawatts (MW) and provide power to a public utility will continue to be reviewed through the county’s 1041 process under Chapter 21.
Power plants that are 50 MW or less, or that do not provide power to a public utility, fall under the county’s zoning rules in Chapter 23.
- Wind generators: Wind generators are listed under “power plants” instead of separately in each zoning district. Solar facilities will continue to be regulated separately.
- Battery energy storage systems: The county code now includes specific regulations for battery energy storage systems, also known as BESS. These regulations include setbacks and other requirements specific to these facilities.
The code update also removes the broad category of “major facilities of public utilities,” which includes various uses like water treatment plants, under Chapter 23. These uses will now be listed separately in the appropriate zoning districts. Previously, the Weld County Planning Commission was responsible for considering and approving these uses without review by the BOCC. Where these uses require approval of a Use by Special Review, they will now be reviewed by both the Planning Commission and BOCC with the Commissioners having the final say.
“Weld County has a long history of supporting responsible energy development,” said Commissioner Lynette Peppler. “Updating our code allows us to address new technologies. It ensures we have clear and consistent rules for how these facilities are reviewed.”
For more, visit www.weld.gov or contact Long Range Planner Jim Flesher at jflesher@weld.gov or (970) 400-3552.