RESOLUTION NO. 2026-10

A RESOLUTION ADOPTING THE RENEWABLE ENERGY 1041 DEVELOPMENT IMPACT FEE NEXUS STUDY AND ADOPTING AN IMPACT FEE SCHEDULE FOR LOCAL GOVERNMENT SERVICES

WHEREAS, Kiowa County ("County") expects to host a large number of renewable energy projects that will require a substantial expansion of capacity of County services and facilities to accommodate such growth while maintaining existing levels of service; and

WHEREAS, the County desires that renewable energy projects bear a proportionate share of the cost of the provision of County facilities and capital improvements required by such development; and

WHEREAS, Kiowa County is a local government authorized to impose impact fees pursuant to C.R.$. § 29-20-104.5 and is authorized to collect impact fees on behalf of the Kiowa County Fire District and the Kiowa County Hospital District pursuant to C.R.S. §29-1-803; and

WHEREAS, Kiowa County commissioned a Renewable Energy 1041 Development Impact Fee Nexus Study dated September 18, 2026 ("Nexus Study") to evaluate the nexus between new renewable development in the County and the projected impacts that such development will have on County facilities and services; and

WHEREAS, the Nexus Study quantified an impact fee schedule with fees "at a level no greater than necessary to defray such impacts directly related to proposed development," pursuant to C.R.S. § 29-20-104.5(2)(a) ("Fee Schedule"); and

WHEREAS, the Nexus Study quantifies impacts of renewable development projects on the County facilities as well as the Kiowa County Fire District and the Kiowa County Hospital District, at the request of each District; and

WHEREAS, the County intends to collect impact fees for County facilities and for the Districts; and

WHEREAS, the County has adopted Guidelines and Regulations for Areas and Activities of State Interest in Kiowa County pursuant to C.R.S. 24-65.1-101 et seq. ("1041 Regulations"), and intends that the impact fees, as shown in the Fee Schedule in Attachment A, will generally be adequate mitigation to comply with Section 6.304(6) of the County 1041 Regulations; and

WHEREAS, the Kiowa County Board of County Commissioners has considered all written and oral evidence on the record before it and determined that it is in the best interest of the public health, safety, and welfare of the people of Kiowa Couty to adopt the Nexus Study and the Fee Schedule as shown in Attachment A.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF KIOWA COUNTY THAT:

Section 1. Findings. The Kiowa County Board of County Commissioners ("Board") finds that the impact fees as calculate in the Renewable Energy 1041 Development Impact Fee Nexus Study dated September 18, 2026 are fair and reasonable, and that the fee is roughly proportional both in nature and extent to the impact of renewable projects in the County.

Section 2. Adopt Nexus Study. The Board hereby adopts the Renewable Energy 1041 Development Impact Fee Nexus Study dated September 18, 2026 ("Nexus Study").

Section 3. Adopt Fee Schedule. The Board hereby adopts the Fee Schedule as set forth in Attachment A to this Resolution.

Section 4. 1041 Regulations and Relationship to Impact Fees:

A. An Applicant for a Permit pursuant to the County 1041 Regulations ("Applicant") is subject to the County 1041 Regulations in addition to applicable impact fees according to the Fee Schedule in Attachment A, consistent with Section 1.106(4) of the 1041 Regulations.

B. The County shall generally presume that Applicant's payment of the impact fees according to the Fee Schedule is adequate mitigation to comply with Section 6.304(6) of the County 1041 Regulations, unless the applicant or County identifies Project- specific impacts that are not accounted for in the Nexus Study.

Section 5. No Duplicative Fees. No Applicant is required to provide any site-specific dedication or improvement to meet the same need for capital facilities for which a fee is imposed pursuant to the Impact Fee Schedule.

Section 6. May Identify Mutually-Agreeable Alternative. If an Applicant owes an impact fee, the Applicant may propose for the County's consideration an in-kind contribution or substitute contribution in lieu of paying all or part of the Impact Fee.

Section 7. Effective Date. This resolution shall take effect as of the date of the adoption of this resolution by the Board.

PASSED, APPROVED, AND ADOPTED THIS 24th Day of September, 2026, by the Board of County Commissioners of Kiowa County, Colorado.

/s/Donald Oswald

Donald Oswald, BOCC Chair Sept 24 2026

/s/Howard “Butch” Robertson

Howard Robertson, Commissioner

/s/Michael Lening

Michael Lening, Commissioner

ATTEST:

/s/Adrienne Yates

Clerk of the Board

Date ATTEST: 9-24-2026

Published October 2, 2026

In the Kiowa County Press.