Xcel Energy must halt work on a utility line replacement project it’s been working on since April after area residents filed an appeal and the Boulder County Board of Adjustment ruled in their favor Thursday.

Area residents Brent Milne and Krista Marks filed an appeal of the Boulder “Community Planning & Permitting Director’s determination to waive Site Plan Review … for a request to perform approximately 133.4 cubic yards of non-foundational earthwork for the replacement of an overhead electric transmission line along a 4.3-mile conductor segment between the NCAR facility and the Boulder Hydroelectric Plan,” according to county records.

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Xcel described the project as involving “the demolition of 26 structures and the construction of 29 new structures and the stringing of 4.3 miles of new transmission line. The proposed new structures range in height from 61’6” to 98’6”,” according to county records.

Certain projects can bypass the more complex review, and public input, standards in Boulder County: “Site Plan Review (SPR) regulations allow for certain types of minor projects, which are likely to be less impacting, to be waived from the full SPR process that would normally be required to approve their construction.”

The planning board ruled in April the Xcel project qualified to be waived from the full process.

“We told Xcel to stop work, and they must come through the process,” said Dale Case, director of the county’s Community Planning and Permitting Department. “It’s the criteria as if they were first coming through the process … The BOA ruled the structures had triggered the review.”

The residents argued in filings: “The work proposed in the Project Narrative and other documents attached to this application could not be further from a ‘minor, less impacting project’.”

Xcel notified area residents of the project before starting work, and there was a public input process, but Milne and Marks said that’s not enough.

“Much of the proposed work will impact Boulder Open Space and Boulder Mountain Park, protected as community open space since 1898,” the residents argued in the appeal. “Boulder OSMP is one of the most visited outdoor recreational areas in the nation, with 5.3 million visitors per year … The proposed work runs through the heart of Boulder OSMP, right alongside the iconic flatiron and through Bear Creek Canyon between Green, Bear, and South Boulder mountains. The proposed work crosses, sits alongside, and is visible from many of the most popular recreational trails in Boulder.”

The residents distributed a press release to media outlets after Thursday’s ruling.

“The precedent-setting ruling could result in Xcel having to undo months of heavy construction it completed without the code-required permits,” the release states. “Xcel elected to take the risk of starting its construction activities despite knowing an appeal of Director Case’s ruling was pending.”

Xcel officials disputed that claim Tuesday, but would not elaborate on next steps for the project or if the company would appeal the ruling, saying the company doesn’t comment on ongoing litigation.

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“The news release issued in this case is incorrect in several material respects. For example, Xcel Energy obtained multiple permits related to the project and we have proceeded within the parameters set forth in those permits. Additionally, throughout the project we have coordinated with the City of Boulder Parks and Open Space, the United States Fish & Wildlife Service and others and will continue to do so as we work to provide safe, reliable and affordable energy to all of our Colorado customers,” according to the emailed statement.

Case said they warned Xcel when the appeal was filed months ago. 

“It’s my understanding they are virtually complete with the project,” Case said, adding “there’s a possibility it might have to be undone.” 

“The issue we kind of have is we’re extrodinarily short staffed,” Case said. “The submittal for new applications is out until early next year. We’re going to have to try and figure out how to fit this in.”

Milne touted the ruling as a victory for area residents and visitors.

“We are pleased to finally see the County told that they must apply the Code evenly and fairly to anyone doing construction in their jurisdiction,” said Brent Milne in a statement.