Kingman County: Resolution No. 2026-R10

RESOLUTION NO. 2026-R10

A RESOLUTION ESTABLISHING A MORATORIUM AND PROVIDING FOR THE     SUSPENSION OF CERTAIN TYPES OF USE APPLICATIONS AND CONSIDERATION ON ANY LAND WITHIN THE UNINCORPORATED AREA OF KINGMAN COUNTY; AND DIRECTING THAT LAND USE REGULATIONS CONCERNING COMMERCIAL BATTERY ENERGY STORAGE SYSTEMS BE REVIEWED AND CONSIDERED FOR MODIFICATION OR DEVELOPMENT. 

WHEREAS, Kansas statutes authorize counties to establish land development regulations to address local development concerns and needs; and 

WHEREAS, the Kingman County Zoning Code “Zoning Code” currently allows for the development of a Commercial Battery Energy Storage System “CBESS”, subject to a Special Use Permit “SUP” that is obtained after procedures, regulations and standards are met as outlined in the Zoning Code; and 

WHEREAS, a Battery Energy Storage System is defined as “an electrochemical device that is capable of absorbing and storing electrical energy and discharging such energy at a later time;” and 

WHEREAS, a Commercial Battery Energy Storage System is defined as “a battery energy storage system that can store and then discharge one megawatt or more of electrical energy over a one-hour duration; and 

WHEREAS, the Kingman County Planning and Zoning boards have requested a review of all Kingman County Zoning codes pertaining to CBESS and SUPs issued for CBESS the Board of County Commissioners have also heard concerns expressed by the public about current regulations pertaining to CBESS; and 

WHEREAS, a substantial amount of time is needed for the reconsideration and modification of codes concerning CBESS, and consideration of use applications for any BESS during this time could be detrimental to the welfare of the citizens of Kingman County and slow down the review process; and 

WHEREAS, pursuant to K.S.A. 12-741, et seq., and K.S.A. 19-101, et seq., Kingman County has the statutory authority to regulate the conduct of development through this Resolution as legislative action. 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF KINGMAN COUNTY, KANSAS that:

1) The consideration and issuance of a SUP or other zoning or use modification allowing for the development of a CBESS submitted after this Resolution’s effective date is temporarily suspended as outlined herein. 

2) The moratorium imposed by this Resolution shall be for a period of eighteen (18) months from the effective date of this Resolution. The length of this moratorium may be reduced or extended upon approval of the Board of County Commissioners. 

3) During the moratorium, the Board of County Commissioners, the Kingman County Planning and Zoning Boards, applicable Kingman County Employees, and assigns shall use best efforts to consider amendments and additions to all Kingman County Zoning Codes that address BESS use applications and guidelines.

4) If any section of this Resolution shall be judged invalid or held unconstitutional, the same shall not affect the validity of this Resolution as a whole or any part or provision thereof, other than the specific section(s) declared invalid or unconstitutional. 

5) This Resolution shall take effect and be in full force and effect after its adoption and publication in the official county newspaper. The County Clerk is directed to publish this Resolution once in the official county newspaper. 

Adopted by the Board of County Commissioners of Kingman County, Kansas this 9th day of February 2026. 

BOARD OF COUNTY COMMISSIONERS 

KINGMAN COUNTY, KANSAS 

______________________________________ 

Julie Lyon, Chairwoman and Commissioner 

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Jeff Young, Commissioner 

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Jack Thimesch, Commissioner 

ATTEST: 

______________________________               

Carol Noblit, County Clerk                       

Approved as to Form: 

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Brandon T. Ritcha, County Counselor