KILGORE, Neb. - The developers behind a proposed wind farm near Kilgore are pushing back against findings from Cherry County’s zoning administrator, arguing that a recent investigation into their project is inaccurate.

As previously reported by News Channel Nebraska, Cherry County Zoning Administrator Jane Stolzenburg was tasked with investigating BSH Kilgore’s compliance with its conditional use permit (CUP) after a formal zoning complaint. That complaint claimed the permit had expired as of Oct. 15, 2024, and alleged the company had failed to meet all 12 conditions outlined in the permit, which is required before construction can begin.

Following her investigation, Stolzenburg issued a letter stating that the CUP had, in fact, expired and that BSH Kilgore had not demonstrated compliance with the required conditions. She also noted that the company had not received formal approval from county commissioners to begin construction.

But officials with BSH Kilgore are disputing those claims.

In a statement issued by the company, officials said it “strongly refutes the findings of a letter issued by the Cherry County Zoning Administrator regarding the Kilgore wind energy project,” calling the administrator’s assertions “factually inaccurate and unsupported by the public record.”

According to BSH Kilgore, the company submitted documentation to the Cherry County Board of Commissioners in October 2024 showing it had complied with all 12 conditions of approval. Company officials say the county did not raise any objections at the time, and later that month, construction began.

“BSH Kilgore continues to follow the process outlined by the Cherry County Board of Commissioners,” said Michael Knapp, Senior Vice President of Operations. “BSH Kilgore stands by the accuracy of the submissions and the compliance of the Kilgore project. The claims made in this recent zoning letter do not reflect the facts or the official permitting record.”

The company also criticized the zoning administrator for not contacting BSH Kilgore prior to issuing the letter or asking for documentation.

“BSH Kilgore fully expects the County to follow due process. That process will confirm that the permit remains in good standing,” said BSH Kilgore President Eric Johnson.

News Channel Nebraska attended the October 2024 county commissioner meeting, during which BSH Kilgore announced its intention to begin construction on the project. However, two of the three commissioners publicly stated they believed the permit had expired.

“I feel very strongly that you don’t have a permit come October 15,” said Commissioner Nina Nelson.

“It’s moot because you don’t have a permit as of Tuesday,” said Commissioner Mike McConaughey.

No formal board action was taken at that time.

Cherry County Attorney Eric Scott noted during the same meeting that the company’s involvement in ongoing litigation over the past few years may have paused the timeline on the CUP, potentially extending its validity.