Sandoval County commissioners on Monday denied appeals and approved a zone map amendment allowing the Diamond Tail Ranch solar and storage project (case ZNCH24005) to proceed, voting 3-2 to uphold the Planning and Zoning Commission ecision.

The case before you this morning is an appeal of the Planning and Zoning Commission's Dec. 10, 2024 approval recommendation of ZNCH24005, the Diamond Tail Ranch solar and storage project, Daniel Beaman, director of planning and zoning, told the board during the meeting.

Why the decision matters: the approval changes the site esignation from rural residential agricultural (RRA) to special use (SU), clearing a statutory step before the applicant can submit development plans and apply for construction permits. The project site is roughly 1,800 acres in southeast Sandoval County, about 2 miles west of State Highway 14 and about 6 miles southeast of an existing PNM substation, Beaman said.

Appellants raised several concerns during a lengthy public hearing. Bill Parsons, president of the Turquoise Trail Regional Alliance, told the commission the project is "not a farm. It's not a park," and he characterized the development as a large industrial facility whose battery-storage component poses fire, environmental and visual risks. Appellants also said the Planning and Zoning Commission had not adequately assessed the proposal's compatibility with the county comprehensive plan, wildfire hazard data and emergency-response assurances.

The applicant and its experts said the project met county requirements and industry safety standards. Todd LaBerge, a fire-safety consultant who said he has worked on battery energy storage code and testing, told commissioners, "I will personally guarantee to you that they will meet all the applicable fire codes and standards." The applicant
lso said it conducted a voluntary visual-impact study, environmental and cultural surveys, and that it is coordinating with San Felipe Pueblo and county fire officials on site layout and mitigation.

On key technical points the record shows conflicting claims: appellants said the battery-storage system would include 114 Tesla Megapacks and estimated very large long-term water needs; the applicant said it will use Tesla Megapack 2 XL technology and estimated about 19,000,000 gallons per year during construction-related activities (applicantstimate as presented to the Planning and Zoning Commission). Appellants disputed those water estimates and urged relocation to the West Mesa solar corridor; the applicant said relocation is not feasible because of an interconnection process with PNM that has been underway for more than two years and because moving the point of interconnection would effectively require starting a new project.

During deliberations Chair Meek moved to uphold the Planning and Zoning Commission recommendation and deny the appeals; Vice Chair Fuentes seconded the motion. The public record shows the vote as: Chair Meek, yes; Vice Chair Fuentes, no; Commissioner Brook, yes; Commissioner Hurd, no; Commissioner Jones, yes, producing a 3-2 majority to approve the zone map amendment and deny the appeals.

Commissioners and staff noted that approval of the zoning change is not the last regulatory step: the applicant still must complete development-plan review, secure building permits, finalize emergency-response and decommissioning plans, and satisfy any additional county, state or utility conditions before construction. County fire staff told the board they have been reviewing the project and will continue to require compliance with applicable codes and additional site-specific measures during permitting.

The board directed county staff and counsel to prepare the final written decision; the county
ttorney asked the board to authorize counsel to sign the final order on behalf of the commission. The vote and the staff direction conclude the county-level public-review step for the rezoning; the record shows appellants may still pursue other administrative or judicial remedies.

The approval authorizes a special-use zone for the site identified in staff materials as ZNCH24005 and incorporates the Planning and Zoning Commission's findings of fact and condition list, which commissioners said must be reflected in permit submittals.

A copy of the county ecision and any required conditions will be posted as part of the final permit records when they are completed, county staff said.

Sources: Sandoval County planning staff presentations and the public hearing transcript, applicants' and appellants' presentations, and remarks by county fire and legal staff recorded during the hearing.