County Transparency
Reading key: Red bold: short notice, no separate notice, or a record not found Bold: who decides, and the key dates and rules Green bold: met the legal requirement, or supports the county's account
Public records on how the Carbon and Emery county governments have handled Valar's projects.
How the decision works
Who decides Valar's county permit: the Carbon County Planning Commission
This rests on the county's Development Code (2023 edition) and on the state's lease memo, which says Valar needs this permit. The record (csite-015) →
Members named in the planners' August 4, 2026 minutes
- Gary TaylorChairman
- Kurt McFarlaneVice-Chairman
- Paul AndersonMember
- Scott BrunoMember
- Lisa SimmonsMember
- Kenzie BurnettMember
- Jade PowellMember
- Todd Thorne (staff)Planning & Zoning Administrator
How the decision works: steps, code, finding, sources
The state's lease memo says Valar must get all required local land use approvals, including a county conditional use permit, before building on the Wellington land. Under the edition of the Development Code that the county's code site gives for download (published August 28, 2023), the Planning Commission approves or denies it: the planners decide conditional uses for 'Large scale industrial projects' and 'Electric Power Generating Plants'. The County Commission does not vote on approving it; it appoints the planners and adopts the rules they apply.
About the member list: the code provides for seven members and two alternates; the August 4, 2026 minutes name seven and do not say which, if any, are alternates. The June 2, 2026 minutes also name Oran Stainbrook; the state notice site's contact list for the Planning Commission, as of October 2, 2026, does not; neither record says whether Stainbrook still serves. One name is spelled 'Kenzie Burnett' in the August minutes, 'McKenzie Burnett' in June and 'Mackenzie Burnett' in the contact list. The County Commission makes the appointments, so membership can change.
Finding
The county's code download is the 2023 edition
- The 'Development Code' button on Carbon County's Planning & Zoning page (carbon.utah.gov) leads to the county's code site on civiclinQ. That site's 'Download Book to PDF' button, as of October 3, 2026, gives the 2023 edition: a printout of the code site made on August 28, 2023, with that date on every page. Its most recent listed amendment is Ordinance 545 (March 17, 2021).
- The County Commission has adopted at least two code updates since (Ordinance 582 in December 2024 and Ordinance 589 in November 2025), so the downloaded copy may not match the code in force. The download's own preface says the online code may not reflect the most current legislation, and that a written ordinance typically governs in a conflict.
- The code site's web version, as viewed October 3, 2026, has section 5.1.7, 'Land Use Authority', with the same wording and history line as the 2023 edition, ending with Ordinance 545 of March 17, 2021. Its section 2.1.5 also reads as in the 2023 edition, history included, and still gives the Planning Commission authority to approve or deny subdivisions, though the county's planner said in December 2024 that final subdivision approval had moved to the administrator. So the web version may not include the 2024 and 2025 updates either.
- In the 2023 edition, section 5.1.7 (page 163 of 298) says the zoning administrator decides conditional use permits, 'except that the Planning Commission shall act as the Land Use Authority' for listed types, among them 'Large scale industrial projects' and 'Electric Power Generating Plants'. Section 2.1.5(D) (page 6) makes the Planning Commission the land use authority for conditional use permit applications, subject to exceptions elsewhere in the code.
- Nothing in the record read shows a change to who decides conditional use permits. The county's planning and zoning administrator described neither update as changing it; in December 2024, speaking about permit extensions, he said conditional use permits are issued by the Planning Commission or by him; and the Planning Commission's October 6, 2026 agenda includes a conditional use permit for another company's project. The December 2024 update did change who approves subdivisions: final approval moved from the Planning Commission to the administrator.
Ask the county whether the download will be updated to the code in force.
- Application. Valar would apply to the county's zoning administrator with detailed site plans and a cost estimate. Plans for the Planning Commission are due 14 days before the meeting that will hear them. No Valar application appeared in the planners' public notices as of October 2, 2026.
- Decision. The Planning Commission (seven resident members and two alternates, appointed by the County Commission) decides at a public meeting, normally its monthly meeting: first Tuesday, 4:30 p.m., 751 East 100 North, Price. The members named in its August 4, 2026 minutes are listed at the top of this card.
- The standard. Under the county code, the planners must approve the permit if the applicant shows, with substantial evidence, that reasonable conditions can reduce the expected harms to neighbors, public facilities and the public welfare, and must deny it if those harms cannot be substantially reduced. A permit may not be issued if the application contains a false or misleading statement. State law sets the must-approve rule for every county; where harms cannot be substantially reduced, state law says the county 'may deny'.
- Conditions. The planners may presume that conditions set by federal or state regulators are enough. They may add their own, such as bonds, emergency-response access, protection of groundwater recharge areas or limits on operation, when substantial evidence supports them. Under section 5.1.8, harms that cannot be substantially reduced are the ground for denial.
- Public hearing. The code's conditional-use chapter (2023 edition) does not require a public hearing before a permit is approved. The state's lease memo says the county's process requires published notice, a public hearing and public comment. Ask the county which applies.
- Appeal. The applicant, or an 'adversely affected party' (under state law, someone who owns adjoining property or would suffer harm different from that of the general community), may appeal within 30 days to the county's Administrative Hearing Officer, whom the County Commission appoints. A hearing officer's decision can be appealed to district court.
What the County Commission decides: zoning-map changes and other ordinances, including the code the planners apply; county agreements; appointments to the Planning Commission and of the hearing officer who hears appeals. It signed the June 29 letter backing the Wellington site.
Carbon County Development Code, 2023 edition (the download on the county's code site)
| Section | What it says |
|---|---|
| 2.1.1 | The Planning Commission has seven appointed members and two alternates, each 'a resident of the County'; 'The members of the Planning Commission shall be appointed by the Board of the County Commissioners.' |
| 2.1.5(D) | The Planning Commission acts 'as the land use authority in regard to subdivision and conditional use permit applications, with authority to approve or deny' them. In December 2024 the county's planner said final subdivision approval moved to the planning and zoning administrator. |
| 5.1.7 | The zoning administrator decides conditional use permits, 'except that the Planning Commission shall act as the Land Use Authority' for types including 'Large scale industrial projects' and 'Electric Power Generating Plants'. |
| 4.2.15, use 23 | In the Mining and Grazing zone, where the Wellington land is zoned, a 'Large scale industrial project' is a conditional use. |
| 5.1.8 | The land use authority 'shall approve' a permit if the applicant 'brings forth substantial evidence' that reasonable conditions can mitigate the reasonably anticipated detrimental effects; if they cannot be substantially mitigated, 'the conditional use shall be denied'. |
| 5.1.9(B) | The land use authority 'may presume that the conditions required by any federal or state agency regulating the use' are 'comprehensive and sufficient'. |
| 5.1.9(C) | It may add conditions on substantial evidence, for example a reclamation bond, a financial guarantee, emergency response access, protection of groundwater recharge areas, or limits on hours and manner of operation. |
| 5.1.12, 2.2.1 and 2.2.3 | 'Any party adversely affected' may appeal within 30 days; land use decisions are appealed to an Administrative Hearing Officer, who 'shall be appointed by the Board of County Commissioners' and is the final county appeal authority; then district court. |
This is the code as published on August 28, 2023. The County Commission has adopted at least two annual updates since. In December 2024 (Ordinance 582) the county's planner described the conditional-use change as how permit extensions are handled, with larger changes to subdivisions; in November 2025 (Ordinance 589) he said 'the only changes are in Section 4', the zoning regulations. Neither description changes who decides conditional use permits. The web version is on the county's code site (see the sources); its download button gives this 2023 edition.
Sources
- Carbon County Development Code on the county's code site (the page the county's 'Development Code' button opens); its 'Download Book to PDF' button gives the 2023 edition, dated 8/28/23 (sections 2.1, 2.2, 4.2.15, 5.1 and 5.3) (Carbon County, Utah (civiclinQ code hosting), 2023-08-28)
- Carbon County Planning & Zoning department page (its 'Development Code' button links to the code site) (Carbon County, Utah)
- Utah Code 17-79-506: Conditional uses (Utah State Legislature, 2025-11-06)
- 09.17.2026 TLA Board Packet (Trust Lands; Item 10A memorandum: 'Zoning and Local Land Use Requirements') (Utah Trust Lands Administration (Utah Public Notice Website), 2026-09-17)
- Carbon County Commission minutes, December 18, 2024 (Ordinance 582, the annual Development Code update) (Carbon County Board of Commissioners (Utah Public Notice Website), 2024-12-18)
- Carbon County Planning Commission: meeting notices (Utah Public Notice Website, 2026-10-02)
- Carbon County Commission minutes, November 19, 2025 (Ordinance 589, the annual Development Code update) (Carbon County Board of Commissioners (Utah Public Notice Website), 2025-11-19)
- Utah Code 17-79-102: Definitions ('Adversely affected party') (Utah State Legislature, 2026-05-06)
- Carbon County Planning Commission minutes, August 4, 2026 (members and staff) (Carbon County Planning Commission (Utah Public Notice Website), 2026-08-04)
- Carbon County Planning Commission minutes, June 2, 2026 (members and staff) (Carbon County Planning Commission (Utah Public Notice Website), 2026-06-02)
- Carbon County Planning Commission, October 6, 2026 meeting notice (board contact list) (Utah Public Notice Website, 2026-10-02)
On the record
October 2: the county planners' notice for their October 6 meeting was edited to add Valar Atomics
Valar Atomics was added to the planners' October 6 agenda four days before the meeting, by editing the notice posted on September 23. Anyone who read the agenda before October 2 would not have seen it. The edit was made more than 24 hours before the meeting, the minimum notice in Utah Code 52-4-202, and is logged in the notice's public revision history.
See the full record: timeline, posting schedule, and the agenda before and after
Timeline
- Sept 23, 2026, 9:36 a.m.Notice posted for the Planning Commission's regular meeting on Tuesday, October 6 at 4:30 p.m., 751 East 100 North, Price.
- Sept 23, 2026, 10:03 a.m.Revision 1: the agenda is attached as a one-page PDF. It has seven items, none about Valar.
- Sept 28, 2026, 8:44 a.m.Revision 2: a map for agenda item 5, a separate permit application, is attached. Still no Valar item.
- Oct 2, 2026, 8:49 a.m.Revision 3: the heading changes from 'AGENDA' to 'AMENDED AGENDA'; a new item 6 is inserted, 'Presentation to the Planning Commission from Valar Atomics regarding their proposed project in Carbon County'; the old items 6 and 7 become 7 and 8. The agenda PDF is removed from the notice, and no new agenda file is attached.
- Oct 2, 2026The Planning Commission's notice list still shows only this one notice for the October 6 meeting; no separate notice of the change had been posted.
Each bar is a notice for a regular Planning Commission meeting since June 2026, or a change to one. Its length, and its color from green (more days) to red (fewer), show how many days before the meeting it was posted on the Utah Public Notice Website; each went up well ahead of Utah's 24-hour minimum. Two agendas were amended after posting: September 1 (headed 'AGENDA-AMENDED', edited August 24, about 8 days ahead) and October 6 (the Valar presentation, added October 2, about 4 days ahead). The July 7 meeting was canceled after its notice went up.
For comparison, the county commissioners meet on the first and third Wednesdays; 7 of their last 9 meeting agendas went up on the Monday before, about two days ahead, and none of those notices shows a revision before its meeting. So the commissioners' agenda for their expected October 7 meeting, not yet posted on October 2, was in line with their usual timing.
The agenda, before and after
Before: the agenda as posted September 23 (PDF)
- Call to Order and Roll Call
- Pledge of Allegiance
- Meeting Minutes
- Conflict of Interest on Agenda Items
- A conditional use permit for a separate company's technology park (no record read links it to Valar)
- Updates on Previous Items and Upcoming Projects
- Adjourn
After: as edited October 2
- Call to Order and Roll Call
- Pledge of Allegiance
- Meeting Minutes
- Conflict of Interest on Agenda Items
- A conditional use permit for a separate company's technology park (no record read links it to Valar)
- Presentation to the Planning Commission from Valar Atomics regarding their proposed project in Carbon County
- Updates on Previous Items and Upcoming Projects
- Adjourn
Item 5 is shortened here and a staff member's name is left out of the updates item; items are otherwise as posted. Neither version lists a public comment item, and the notice says neither electronic nor telephone participation is available. The removed agenda PDF was still on the state site on October 2. The August 4 and September 1 notices also carry no agenda file, and none of the planners' agendas since June lists a general public comment item.
Sources
- Carbon County Planning Commission Regular Meeting, October 6, 2026: notice, amended agenda and revision history (Utah Public Notice Website, 2026-09-23)
- Carbon County Planning Commission agenda, October 6, 2026, as first posted (attached September 23, removed from the notice October 2) (Carbon County Planning Commission (Utah Public Notice Website), 2026-09-23)
- Carbon County Planning Commission: meeting notices, June to October 2026 (the notice list, and each notice's posting date and revision history) (Utah Public Notice Website, 2026-10-02)
- Utah Code 52-4-202: Public notice of meetings (in effect since May 3, 2023) (Utah State Legislature, 2023-05-03)
- Carbon County Board of Commissioners: meeting notices, May to September 2026 (each notice's posting date, agenda upload and revision history) (Utah Public Notice Website, 2026-10-02)
On the record
June 29: Carbon's commissioners sent the state a letter backing Valar's Wellington site; no county agenda shows it
On June 29, 2026, the three Carbon County commissioners signed a letter to the Trust Lands board supporting Valar's plan to locate north of Wellington on state trust land. No Carbon County agenda or minutes from January to mid-September 2026 show the letter, or the Wellington site, being discussed or voted on. The state's staff memo cited the letter when it asked its board to approve the lease.

See the full record: timeline, and how other support letters were handled
Timeline
- June 29, 2026Commissioners Tony Martines, Jared Haddock and Larry Jensen sign a letter on county letterhead to the 'SITLA Board of Trustees' supporting Valar's desire to locate 'north of Wellington on SITLA lands'. It says the county 'has been working with Valor Atomics for over one year'.
- July 1 to September 16, 2026Carbon County Commission meetings on July 1, July 15, August 19, September 2 and September 16 (August 5 was canceled; September 16 minutes not yet posted): no agenda item or motion on the letter or the Wellington site. Valar comes up in commissioners' remarks on July 1; in an August 19 agenda item, 'Valor Atomics presentation', on its Orangeville operation and planned public events, where commissioners 'highlighted the tax benefits the plant will bring' (the minutes do not say where); and in a September 2 announcement of public events.
- August 20, 2026The packet for the August 20 Trust Lands board meeting prints the letter (page 34), the first public copy found. The three commissioners speak in favor of the lease at that meeting.
- September 17, 2026The Trust Lands board approves the lease. Its packet prints the letter again (page 28), and the staff memo tells the board the Carbon County Commission is 'strongly supportive of the proposed project' and 'has provided a letter of support to the Board'.
How other support letters reached the public record
| County | Date | Letter for | On a public agenda | Vote |
|---|---|---|---|---|
| Carbon | October 16, 2024 | a Division of Wildlife Resources land exchange (state land) | Yes | Approved; chair authorized to sign |
| Carbon | December 18, 2024 | a conservation district (raised when it was not on the agenda) | No | No vote that day; the deputy county attorney said 'they can offer a letter of support' |
| Emery | February 17, 2026 | Valar Atomics | Yes | Approved 3-0 |
| Carbon | June 29, 2026 | Valar Atomics, Wellington site (state trust land) | No agenda item found | No motion found |
On December 18, 2024, when a conservation district asked Carbon's commission for a support letter on an item that was not on the agenda, the deputy county attorney said the commission could not act on it that day, 'but they can offer a letter of support'. Whether a vote was needed for the June 29 letter is a legal question; the county clerk's records may show whether and how it was authorized.
Sources
- 09.17.2026 TLA Board Packet (Trust Lands; Item 10A: SULA 2095 memorandum, Carbon County letter, page 28) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-09-17)
- 8.20.2026 TLA Board Packet (Trust Lands; Carbon County letter, page 34) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-08-20)
- Carbon County Board of Commissioners: meeting notices, agendas and minutes, January to September 2026 (Utah Public Notice Website, 2026-10-03)
- Carbon County Commission minutes, October 16, 2024 (letter of support for a Division of Wildlife Resources land exchange) (Carbon County Board of Commissioners (Utah Public Notice Website), 2024-10-16)
- Carbon County Commission minutes, December 18, 2024 (deputy county attorney on letters of support) (Carbon County Board of Commissioners (Utah Public Notice Website), 2024-12-18)
- Emery County Commission Meeting, February 17, 2026 (notice and agenda: letter of support to Valar Atomics) (Utah Public Notice Website, 2026-02-17)
- Emery County Commission Meeting Minutes, February 17, 2026 (Emery County Commission (Utah Public Notice Website), 2026-02-17)
- 09.17.2026 TLA Board of Trustees Meeting Audio Transcript (auto-generated): the lease approved (Utah Trust Lands Administration (Utah Public Notice Website), 2026-09-17)
- 2026-08-20 TLA Board of Trustees Meeting Audio Transcript (auto-generated) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-08-20)
Agendas and notices
- 7 Oct 2026Oct 7 (expected): the Carbon County Commission's next regular meeting (first Wednesday, 4:30 p.m.); no agenda was found on the state notice site as of 2 OctCarbon County Board of Commissioners: notices (June to Sept 2026) (Utah Public Notice Website) The record (dir-016) →
- As of 2 Oct 2026On the recordCarbon County's planners added a Valar Atomics presentation to their October 6 agenda on October 2Carbon County Planning Commission Regular Meeting, October 6, 2026 (notice; amended agenda, last edited October 2, 2026 08:49 AM) (Utah Public Notice Website, 2026-10-02) The record (loc-037) →
- Sep 2026No Valar permit item was found in Carbon County Planning Commission notices, 5 May to 6 October 2026Carbon County Planning Commission: notices (May 5 to Oct 6, 2026) (Utah Public Notice Website) The record (csite-012) →
- 29 Jun 2026On the recordCarbon commissioners signed a June 29 support letter; no Carbon County agenda from May to mid-Sept shows it or the site09.17.2026 TLA Board Packet (Notification Item 10A: SULA 2095-OBA memorandum, Carbon County letter, lease map) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-09-17) The record (mine-013) →
- 17 Feb 2026Feb 2026 Emery County agenda: support letter for Valar and an MOU for site testing on a county parcelEmery County Commission Meeting (notice, February 17, 2026) (Utah Public Notice Website (Emery County Commission), 2026-02-17) The record (orig-046) →
- 20 Dec 2023Carbon County backed nuclear power in a public 2023 vote; no county agenda or minutes found name Valar's Wellington siteDecember 20, 2023 Commission Meeting (Carbon County Board of Commissioners minutes; scanned) (Carbon County (Utah Public Notice Website), 2023-12-20) The record (csite-026) →
Letters and nondisclosure
- 19 Aug 2026Carbon County kept a 'strict' NDA on a $600M factory prospect until Aug 2026; no NDA with Valar was found in records readAug 19, 2026 Commission Meeting Minutes (Carbon County Board of Commissioners; scanned) (Carbon County Commission, 2026-08-19) The record (loc-036) →
- 12 Aug 2026Aug 12, 2026: a Carbon commissioner said project nondisclosure agreements are usually the companies' demandLeaders look to coal, nuclear and new industry for growth at local energy summit (Kevin Butler) (ETV News, 2026-08-14) The record (loc-002) →
What county officials said in public, beside the record
- Checked 2 Oct 2026Officials praised Valar as open and 'not hiding anything', citing its public education; Carbon County's agendas and minutes read did not name the site2026-08-20 TLA Board of Trustees Meeting Audio Transcript (auto-generated) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-08-20) The record (disc-031) →
- Checked 2 Oct 2026A Carbon commissioner told the state board no coal has been mined in Carbon County for about four years: it holds09.17.2026 TLA Board of Trustees Meeting Audio Transcript (auto-generated) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-09-17) The record (disc-049) →
- 17 Sep 2026Carbon commissioners: with Valar 'since the beginning'; county agendas read did not name the site2026-08-20 TLA Board of Trustees Meeting Audio Transcript (auto-generated) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-08-20) The record (ppl-020) →
- 17 Sep 2026Official claim holds: Carbon commissioner said no county coal output for ~4 years; state data show none after 201909.17.2026 TLA Board of Trustees Meeting Audio Transcript (auto-generated) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-09-17) The record (mine-039) →
- 1 Jul 2026As reported, Carbon commissioners called Ward 250 a 'commercial reactor' and the planned data center waterless; Valar calls Ward 250 a research reactor and has called the data center both waterless and low-waterCarbon County Commissioners urge safety ahead of July 4th, reflect on freedom and democracy (Stephanie Olsen) (ETV News, 2026-07-03) The record (loc-005) →
- 17 Jun 2026June 17, 2026 minutes: Carbon commissioners called the rate change a state-mandated adjustment to keep taxing entities whole, not a county tax increaseCarbon County Commission final minutes, 17 June 2026, item 7 (certified tax rates), PDF p.3 (Carbon County Commission (Utah Public Notice Website), 2026-07-02) The record (ptax-012) →
- 2024Valar says it met Carbon County and state offices in 2024, initially about making fuels from coal-plant exhaust; a public agenda first named Valar for the Wellington site in Aug 20262026-08-20 TLA Board of Trustees Meeting Audio Transcript (auto-generated) (Utah Trust Lands Administration (Utah Public Notice Website), 2026-08-20) The record (ppl-027) →
Economic development
- 19 Aug 2026Carbon and Emery move to share a $60,000 consultant to chase coal, gas, nuclear and manufacturing dealsAug 19, 2026 Commission Meeting Minutes (Carbon County Board of Commissioners; scanned) (Carbon County Commission, 2026-08-19) The record (loc-029) →