Teller County commissioners voted unanimously Tuesday to make permanent a moratorium on major utility projects — blocking data centers, commercial solar farms, battery storage facilities and potential nuclear plants — while amending the Stage 2 fire ban to allow propane and gas-fueled devices.
The indefinite moratorium, approved as Resolution 0609-2026-19, replaces a six-month emergency measure enacted in December that was set to expire. It remains in effect until the county develops specific permitting standards for projects including commercial battery energy storage, solar energy collection, data centers and nuclear power plants. County planning staff told commissioners they had already received inquiries about several project types and that current land use regulations don’t address them.
Commissioner Paul Williams, who chairs land use and natural resources for Colorado Counties Incorporated, said most of Colorado’s 64 counties have enacted similar moratoriums after out-of-state corporations sought expedited approvals. He stressed the measure doesn’t prohibit residential solar and asked that the moratorium be posted online and incorporated into the county’s land use regulations so planning staff and the Planning Commission have a single set of standards.
Chairman Erik Stone said the moratorium carries added importance because of eminent domain risk. Under current state law, energy producers who build in the county have the right to connect to the grid — a right that carries authority to seize private property along transmission routes, even crossing counties that receive none of the power produced. Stone attended a 1041 powers seminar where attorneys from Elbert County, El Paso County and several Plains counties were unable to discuss their ongoing cases because of active litigation, nearly all of it involving Xcel Energy. A bill that would have given counties a voice before eminent domain is exercised was killed in committee this session.
A resident told the board the county needed regulations in place before accepting any project proposals.
The board also amended the Stage 2 fire ban to allow gas, liquid or propane fire pits, barbecues, stoves and lanterns, effective noon June 9, as Resolution 0609-2026-21. Chief Deputy Kevin Tedesco — recently promoted from commander, the first person to hold the Chief Deputy position in the Teller County Sheriff’s Office — told commissioners fire districts had been requesting a reduction to Stage 1 but that not all districts had submitted fuel moisture data to support it. Adding propane devices while keeping Stage 2 in place would align Teller County with neighboring jurisdictions without increasing fire risk, he said. Tedesco said he would also consult with the sheriff on allowing Flag Day flag retirement ceremonies to proceed with fire trucks on site.
The board, sitting as the Teller County Board of Health, unanimously adopted updated Onsite Wastewater Treatment System regulations, effective July 24. The 210-page update, Resolution 0609-2026-20, brings county rules into compliance with state Regulation 43 and restores a transfer-of-title inspection program the county rescinded about 11 years ago. Under that program, sellers must disclose the condition of an onsite wastewater system at the time of sale. Environmental Health staff said a rollout plan to notify realtors and municipalities was still being developed.
Commissioners accepted the 2026 Road Maintenance and Improvement Plan, covering the county’s 554 miles of roadway — 483 miles of which are gravel. The plan includes resurfacing approximately 50 miles of gravel roads, applying dust suppressant to about 42 miles, and continuing a phased installation of intersection controls countywide. No major asphalt overlay projects are planned due to high oil and asphalt prices. Staff flagged an ongoing trend of unauthorized driveways being cut into county rights-of-way for code enforcement follow-up.
On construction, the board ratified two change orders for the new Central Service Center in Divide: Change Order 12 for $11,830.70 and Change Order 13 for $974,025.33 covering foundation work. County Administrator Ross Herzog said a concrete pour was underway that morning with roughly 80 truckloads scheduled, and crane activity is expected on site within a few weeks. The board also ratified a change order for Fairgrounds Phase 2 that expanded the Page Construction Incorporated contract from $418,417.37 to $900,115.66 after barn replacement was added to the original grandstand seating project, and directed Herzog to negotiate with the contractor on completing the barn before summer fairground events. A professional services agreement with Mid-Colorado Construction, LLP, was approved to investigate deteriorating underground piping beneath the county jail foundation.
Among routine business, commissioners authorized Public Health Director Michelle Wolff to accept a $20,000 grant from the Colorado Centennial Fund for contraceptive care access in rural Colorado, and renewed memoranda of understanding with Teller Park Early Childhood Council and for the FACT family services collaborative. The Human Services and Finance Department services agreement was renewed at a 5% increase, adding $584 per month.
Clerk and Recorder Krystal Keyes reported approximately 19,000 primary election ballots had gone into the mail, with a new drop box added in Florissant joining existing locations in Woodland Park, Divide and Cripple Creek. Bipartisan judges will begin checking all boxes Wednesday. Keyes said 92% of voters in the last election used 24-hour drop boxes, and all boxes are monitored by camera around the clock. She told commissioners she had fielded calls from voters who believed a birth certificate was required to vote — a misunderstanding tied to a federal executive order, not Colorado law. Commissioners publicly backed the clerk’s office and said both parties have representatives present throughout ballot handling.
Stone reported the Region 16 Opioid Abatement Council had distributed a new round of funding, and credited a decision four months ago to hire El Paso County as the council’s facilitator, which cut funding review meetings from five hours to 45 minutes by introducing a scoring rubric.
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