Pueblo County approves stormwater maintenance agreements for two solar projects

Pueblo County commissioners on Sept. 1 approved a series of stormwater facility maintenance agreements and related easement dedications for utility-scale solar projects, saying the agreements preserve county access for inspections and set out enforcement steps for noncompliance.

"I'm Steve Boggess, the stormwater permit coordinator for Pueblo County," the county permit coordinator told commissioners while summarizing the agreements and inspection process. He said the agreements grant county access to detention basins and other permanent drainage structures and are standard for large sites. Staff said applicants post bonds to ensure required work is completed and that county inspectors perform periodic reviews during construction and afterward.

Commissioners asked how the county recoups staff time for inspections. Boggess explained a recent permit-fee change introduced a $25-per-acre scope-of-project fee intended to recognize the additional staff time for large developments; he added that each additional inspection for noncompliance carries a $150 charge. Another staff member noted that noncompliant 1041 permits can be brought to a show-cause hearing.

The board moved and approved the related items by voice vote. The approvals covered a maintenance agreement with Highland Solar LLC, acceptance of dedication of easements and rights-of-way for drainage access with Highland Solar LLC, a maintenance agreement with Thunder Wolf LLC, and a corresponding dedication of easements and rights-of-way for Thunder Wolf LLC. Commissioners praised the routine but vital nature of stormwater oversight and emphasized the importance of the 1041 permit framework for watershed protection.

Commissioners and staff said the regulatory and fee framework is intended to reduce downstream impacts and fund county oversight for large-scale site work. The agreements now permit county inspectors to enter sites as needed and rely on posted bonds and fee mechanisms to enforce completion and remedy defects.