Battery storage rules: Delta County, CO
Delta County paused battery storage on October 21, 2025, and on September 15, 2026 adopted battery storage land use rules (Resolution 2026-R-23), repealing the moratorium. The draft adopted that day sends utility-scale systems through a conditional use permit and ties their setbacks to "the latest Edition of NFPA 855." Ask the county for the adopted text and its current status.
Delta County: battery storage rules adopted September 2026; the pause ended
Resolution 2026-R-23 (September 15, 2026, 3–0) adopted battery storage land use rules and repealed the moratorium resolutions (2025-R-43, 2026-R-06). Delta County Board minutes, September 15, 2026 (draft, on the October 6, 2026 agenda)
Fire and building codes in force
- No statewide fire code edition for ordinary sites: ask your county or city building department and your fire protection district which edition applies
- The state Division of Fire Prevention and Control adopts the 2021 IFC only for buildings it oversees, such as public schools and health facilities (8 CCR 1507-101)
- A fire protection district's fire code applies in a county or city only if that county or city adopts it by resolution (C.R.S. 32-1-1002(1)(d))
How a project is permitted
Local: the county's zoning (in unincorporated areas, C.R.S. 30-28-113) or the city's or town's, with the permit type set locally (often a special use or conditional use permit). A local government may ask the Energy and Carbon Management Commission for technical support (SB24-212). Ask your county or city: is battery storage an allowed use in your zone, by what permit, is it paused, and which fire code applies?
Check a specific system
For a proposal or a system you're evaluating, answer a few questions in BESScheck: you get the rules that apply here, a checklist of what to ask, and the sources behind each line.