Big Horn County, MT — Solar Development Risk Assessment

No Moratorium

No Montana state-mandated solar setback floor for sub-250 MW facilities. Standard agricultural district setbacks apply (typically ≥25–50 ft from property line, ≥50 ft from road ROW) where no county solar ordinance exists. County-specific setbacks may apply if local ordinance adopted.

Conditional Use Permit (CUP) or Special Use Permit (SUP) in Agricultural (A) or Rural zoning district; administered by county planning board or zoning board of adjustment. Process varies by county; most counties lack solar-specific ordinance.

Cautious/complex — Crow Nation tribal lands require separate federal/tribal permitting pathway

Crow Nation reservation covers majority of county; MDU territory; federal land overlap; oil/ag economy

Stable

Sub-250 MW: county-level CUP or SUP in agricultural/rural zone; county planning board or BZA approval; process and timelines vary by county (typically 60–180 days). Facilities ≥250 MW nameplate: Montana Major Facility Siting Act (MCA 75-20) — requires BER siting certificate; full environmental review. MPSC regulates net metering interconnection for qualifying facilities. No state preemption statute; counties retain full authority for sub-250 MW.

Montana: No binding RPS. Voluntary 15% renewable goal (expired 2015). Net metering: available under MPSC rules (≤50 kW residential, up to 5 MW commercial). Property tax exemption: renewable energy systems exempt from state property tax (MCA 15-6-225). No state solar production tax credit or SREC market. Federal ITC (30% under IRA 2022) and USDA REAP grants apply. NorthWestern Energy community solar program limited in capacity.

No confirmed utility-scale solar projects on public record as of 2025.

No confirmed county board rejections or moratorium actions on record.