Kiowa County adopts $11,788-per-megawatt fee for renewable-energy projects

Kiowa County commissioners adopted a renewable-energy impact fee of $11,788.39 per megawatt on Sept. 24, setting charges for applicants seeking county permits for renewable-energy projects. The fees are intended to help pay for added public services and infrastructure needed for development.

The adopted resolution and fee schedule allocate $2,579.80 per megawatt to transportation and roads, $1,046.70 to law enforcement, $2,473.71 to fire protection, $1,190.28 to hospital and ambulance services, $3,700 to landfill and waste management, $763.35 to public facilities, and $34.55 to administration, project management, community planning and services. Water and sewer fees are negotiable.

The fee adoption came 10 days after the county executed a separate development agreement with Adobe Creek Solar LLC for its proposed solar project. The agreement lists up to $2,277,150 in fixed mitigation obligations, including a conditional $40,000 payment to Colorado Pacific Railroad. It also requires a $15,000 landfill administration payment and a separate $304.68-per-ton charge for waste sent to the county landfill. The fixed obligations include a $270,000 fire-response escrow, with unused principal refundable to the developer after construction. Specified payments or proof of payment are required before construction begins.

Both documents limit duplicate mitigation. The agreement credits generally applicable county fees or contributions only when they are directly related to and duplicative of mitigation for the same service. The resolution bars a separate site-specific dedication or improvement for a capital-facility need already covered by a fee. It also allows applicants to propose substitute contributions for county consideration and provides for additional consideration of project-specific impacts not included in the fee study.

Neither document specifies whether Adobe Creek’s project would owe the new schedule in addition to its agreement.