§ 18-5-502 — County regulation of wind or solar energy projects; exceptions

(a) It is unlawful to locate, erect, construct,
reconstruct or enlarge a facility without first obtaining a
permit from the board of county commissioners in the county in
which the facility is located.
(b) If a facility is to be located in two (2) or more
counties, a permit shall be obtained in each county in which the
facility is to be located.
(c) No wind energy facility constructed or being
constructed prior to July 1, 2010 shall be required to have the
permit required by this section. No wind energy facility for
which an application for a permit has been made to the
industrial siting council, or that has received findings of
fact, conclusions of law and an order from the industrial siting
council, prior to July 1, 2010 shall be required to have the
permit required by this section.
(d) Any wind energy facility which is not required to have
a permit pursuant to subsection (c) of this section shall be
required to obtain a permit for any enlargement of the facility
after July 1, 2010.
(e) No solar energy facility that has obtained final
county approval where required or that is constructed or being
constructed prior to July 1, 2020 shall be required to have the
permit required by this section. Any solar energy facility that
is not required to have a permit pursuant to this subsection
shall be required to obtain a permit for any enlargement of the
facility after July 1, 2020.