{"id":102402,"date":"2026-06-10T14:31:32","date_gmt":"2026-06-10T20:31:32","guid":{"rendered":"https:\/\/www.kcnonline.com\/wp\/?p=102402"},"modified":"2026-06-10T14:31:34","modified_gmt":"2026-06-10T20:31:34","slug":"harper-county-resolution-2026-10","status":"publish","type":"post","link":"https:\/\/www.kcnonline.com\/wp\/2026\/06\/10\/harper-county-resolution-2026-10\/","title":{"rendered":"Harper County: Resolution 2026-10"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><strong>BOARD OF COUNTY COMMISSIONERS HARPER COUNTY COURTHOUSE ANTHONY, KANSAS<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>RESOLUTION 2026-10<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>DATE ADOPTED: 6\/1\/2026<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>DATE PUBLISHED: 6\/11\/2026<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A RESOLUTION PROVIDING FOR A TEMPORARY MORATORIUM ON COMMERCIAL BATTERY ENERGY STORAGE SYSTEM (B.E.S.S.) INCLUDING ACTIVITIES INVOLVING SUCH SYSTEMS FOR STORAGE, RELATED PRODUCTION OR GENERATION, DISTRIBUTION AS WELL AS RELATED ACTIVITIES WITIDN THE UNINCORPORATED AREAS OF HARPER COUNTY, KANSAS; DIRECTING THE REVIEW OF THE HARPER COUNTY COMPREHENSIVE PLAN CURRENTLY IN EFFECT WITH RESPECT TO COMMERCIAL BATTERY ENERGY STORAGE SYSTEM (B.E.S.S.) PROJECTS BE REVIEWED AND REVISED TO INSURE EFFECTIVE REGULATION AND ENFORCEMENT IN THE INTEREST OF PUBLIC HEALTH, SAFETY AND WELFARE.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">WHEREAS, questions and concerns about the regulation governing the development of stand-alone commercial battery energy storage systems (B.E.S.S.) including activities involving such systems for storage, production or generation, energy distribution as well as related activities in the unincorporated areas of Harper County have been raised. Harper County Planning and Zoning Regulations do not specifically address regulation in the areas of unincorporated Harper County; and&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">WHEREAS, due to the unknown number of impacts that Commercial Battery Energy Storage System Projects (B.E.S.S.) including activities involving such systems for storage, production or generation, energy distribution as well as related activities might have on property for both current and future property owners, the Board of County Commissioners recognize that a need exists to review, consider potential changes and potentially adopt land development regulations and\/or standards that may pertain to such property uses; and&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">WHEREAS, the Board of County Commissioners desires to provide adequate time for the Harper County Planning Commission to properly evaluate and implement the aforementioned actions by providing for the suspension of applications for Conditional Use or Special Use Permits for Commercial Battery Energy storage System Projects (B.E.S.S.) including activities involving such systems for storage, production or generation, energy distribution as well as related activities and for the suspension of construction and erection of Commercial Battery Energy Storage System Projects (B.E.S.S.) including activities involving such systems for storage, production or generation, energy distribution as well as related activities in the interim; and<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">WHEREAS, in accordance with K.S.A. 12-741 et seq. and K.S.A. 19-101 et seq., the County has police power and statutory authority to regulate the conduct of rural development through Zoning Regulations.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HARPER COUNTY, KANSAS, that:&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">1. The Harper County Planning and Zoning Department are hereby directed to suspend acting upon any application received for the issuance of any Conditional Use or Special Use Permit, or for permits for the erection and construction of any Commercial Battery Energy Storage System (B.E.S.S.) including activities involving such systems for storage, production or generation, energy distribution as well as related activities or components associated with a stand-alone facility.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">2. The establishment of any Commercial Battery Energy Storage System (B.E.S.S.) including activities involving such systems for storage, production or generation, energy distribution as well as related activities in the unincorporated area of Harper County is hereby suspended and prohibited and the same is hereby declared to be a violation of the public interest of Harper County so long as this Resolution shall remain in effect.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">3. The Harper County Planning and Zoning Department and the Harper County Planning Commission, with the assistance of any consultant retained for that purpose, are directed to review and update Harper County Comprehensive Plan to provide additional guidelines with respect to Commercial Battery Energy Storage System Project (B.E.S.S.) including activities involving such systems for storage, production or generation, energy distribution as well as related activities development in the unincorporated area of Harper County, Kansas; to draft and consider text amendments to the Harper County Zoning Regulations to ensure and in the interest of promoting public health, safety, and welfare.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">4. The Moratorium imposed by this Resolution shall be limited to the stated prohibition applicable to Commercial Battery Energy Storage System Projects (B.E.S.S.) including activities involving such systems for storage, production or generation, energy distribution as well as related activities and not to individual systems in existence or subsequently developed for personal, private property owner use and not intended to be a commercial enterprise of any kind or character.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">5. The Moratorium imposed by this Resolution may be extended, terminated earlier than its expiration date or otherwise amended by a properly adopted subsequent resolution of this Board of County Commissioners.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">6. This Resolution shall take effect and be in full force and effect from and after its adoption and publication in the official county newspaper and shall remain in effect until 6\/11\/2027.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF HARPER COUNTY,&nbsp; KANSAS, this 1 day of June, 2026.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">_____________________<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Melinda McCurley, Chair<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Did not sign, voted against<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Brian Waldschmidt<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">_____________________<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Darrin Struble<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ATTEST:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Ami Delacerda, County Clerk<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">SEAL<\/p>\n","protected":false},"excerpt":{"rendered":"<p>BOARD OF COUNTY COMMISSIONERS HARPER COUNTY COURTHOUSE ANTHONY, KANSAS RESOLUTION 2026-10 DATE ADOPTED: 6\/1\/2026 DATE PUBLISHED: 6\/11\/2026 A RESOLUTION PROVIDING FOR A TEMPORARY MORATORIUM ON COMMERCIAL BATTERY ENERGY STORAGE SYSTEM (B.E.S.S.) INCLUDING ACTIVITIES INVOLVING SUCH SYSTEMS FOR STORAGE, RELATED PRODUCTION OR GENERATION, DISTRIBUTION AS WELL AS RELATED ACTIVITIES WITIDN THE UNINCORPORATED AREAS OF HARPER COUNTY, [&hellip;]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8371],"tags":[3595],"class_list":["post-102402","post","type-post","status-publish","format-standard","hentry","category-publicnotices","tag-harper-county"],"_links":{"self":[{"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/posts\/102402","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/comments?post=102402"}],"version-history":[{"count":1,"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/posts\/102402\/revisions"}],"predecessor-version":[{"id":102403,"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/posts\/102402\/revisions\/102403"}],"wp:attachment":[{"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/media?parent=102402"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/categories?post=102402"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.kcnonline.com\/wp\/wp-json\/wp\/v2\/tags?post=102402"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}