Adams Conty Colorado Administrative Use by Special Review Permit Oil and Gas Wells
Colorado Canton and Municipal Police force
Read nearly Colorado Governor Hickenlooper's Oil and Gas Evolution Job Force - Governor John Hickenlooper created the Task Forcefulness to identify recommendations regarding bug such as conflicts between local and state regulation, multiple wells product areas, and drilling operations near and within communities. The 21 fellow member group produced 9 recommendations that were submitted to the Governor.
In Colorado, both the land and local governments have interests in regulating oil and gas development. The ability of the state to overrule a local authorities is known as state preemption, and it is currently a hotly debated issue in the regulation oil and gas. Currently, the ability of a local government to regulate oil and gas depends on what type of authorities it is (home rule or statutory, and county or municipality existence the primary distinctions), and whether a particular use of its powers conflicts with state oil and gas regulations.
The Colorado Supreme Court established the current 'ad hoc' (significant case-by-case, on the basis of a fully adult evidentiary record) conflict preemption test for determining the limits of local control in 1992, with its aforementioned-day decisions in Voss v. Lundvall Brothers, Inc., and Canton Commissioners v. Bowen/Edwards and Assembly.
Since 1992 there have been two major legislative amendments to the Oil and Gas Conservation Human action, C.R.South. § 34-60-101 et seq., in 1994 and 2007, requiring the Colorado Oil and Gas Conservation Commission (COGCC) to consider public health, wild animals, and the surroundings when regulating oil and gas, and removing control of the Commission from members of industry. The state Attorney Full general has taken the position that these amendments have expanded the powers of the COGCC to preempt local wellness, safe, and welfare laws, zoning laws, and nuisance abatement laws.
LOCAL CONTROL INITIATIVES
The COGCC has engaged in several rulemaking efforts since 1992 as well, including a major regulatory overhaul in 2007-08. These COGCC regulations and subsequent rulemakings have specifically recognized the role of local governments, including establishing a position of Local Authorities Designee and requiring that they be invited to participate in evolution of Comprehensive Drilling Plans. ii CCR 404-1:214 (2009); ii CCR 404-ane:216(d)(ii (2009). Although Colorado rules also provide that the permit to drill is "binding with respect to any operationally conflicting local governmental let or country utilise approval process. 2 CCR 404-i:303(a)(2) (2009). Several counties and municipalities in Colorado have designated government personnel to serve every bit liaisons with the Colorado Oil and Gas Conservation Committee (COGCC). The list of local regime designees (LGDs) and their contact information tin can exist establish on the COGCC's website (click on "Local Governments," then click on "List of Participating LGDs").
All the same, public opinion confronting oil and gas development has been rising in some areas due to the increase in drilling in heavily populated or suburban locations, and also a growing torso of evidence of environmental or health risks. There are currently estimated to be approximately 41,000 actively producing wells, out of over 100,000 wells overall. Come across hither for the most current data. The "boom" is having major negative effects that are felt at the local level and by individuals who may not be receiving compensatory benefits. Outset in 2012 with the domicile dominion municipality of Longmont, local citizens and their representatives have voted to ban or append some types of oil and gas operations, or restrict areas that may be developed, despite the standing precedent of Voss and Bowen/Edwards and threats of legal action from the state.
Moratoria, statewide and local election initiatives, the Governor's Task Force on Cooperative Strategies regarding State and Local Regulation of Oil and Gas Evolution, and 2 2016 Colorado Supreme Court decisions (Urban center of Longmont v. Colorado Oil and Gas Association and City of Fort Collins v. Colorado Oil and Gas Association on oil and gas moratoria all suggest that local governments and operators take a hard look at state and local regulations and not-regulatory strategies for ensuring that oil and gas development is compatible with their communities. Memoranda of Understanding (MOUs) with operators, also known as Local Regime – Operator Agreements, accept been a non-regulatory alternative or supplement for several Colorado communities since 2005.
For a case study local regime regulation in Colorado, encounter Local Authorities Fracking Regulations: A Colorado Case Report
For more information on MOUs, encounter our Memorandum of Understanding page.
TYPES OF LOCAL GOVERNMENTS
Dwelling house Rule
Home rule is the principal that local governments are empowered direct past the people, and practice non crave enabling legislation from the state government to enact regulations. The country may still pre-empt some areas of local regulation, either by limited preemption where "the express language of the statute may indicate country preemption of all local authority over the subject matter," unsaid preemption where "the state statute impliedly evinces a legislative intent to completely occupy a given field by reason of a ascendant state interest" or disharmonize preemption "where its operational effect would conflict with the awarding of the state statute." (quotes from Bowen/Edwards). Municipal governments have exclusive control over issues that are purely local, although where both the state and local government take interests in a affair a local government may not enact regulations that disharmonize with the state regulation.
Home rule was granted to the people of Colorado by constitutional subpoena in 1902, and expanded in 1912 and 1970. See Colo. Const. Art. Xx. The Colorado Supreme Court has interpreted these ramble powers broadly, belongings that "the power of a municipal corporation should be equally broad as possible within the scope of a Republican form of government of the State." Fort Collins v. Public Utilities Comm'n, 69 Colo. 554, 556 (Colo. 1921). Counties were not granted abode rule until 1972, and their form of home rule is a more than limited form that allows contained command of the local regime itself, but no ability to enact functional regulations without state authorization (a 'structural' as opposed to 'functional' habitation rule). Come across Colo. Cost. Art. Fourteen § xvi.
STATUTORY
Governments that exercise not elect home rule status are statutory by default, and are considered political subdivisions of the state (see Dillon'southward Dominion). They require enabling legislation from the state government to empower them to enact local regulations.
COUNTY
Counties that elect home rule condition have a more limited form of domicile rule than exercise municipalities. All the same, the state has enacted many laws that empower counties to control local land use, including the County Planning Act [Biblio: C.R.S. § 30-28-101 et seq.], the Local Government State Apply Control Enabling Act (Land Use Enabling Act) [Biblio: C.R.S. § 29-20-101 et seq.], and the Areas and Activities of Country Interest Act (AASIA) [Biblio: C.R.S. § 24-65-101, et seq.].
MUNICIPALITY
Municipalities in Colorado may have any of five governmental forms, including dwelling house rule, statutory metropolis, statutory boondocks, consolidated city and county, and territorial charter municipality (Georgetown is the just municipality yet operating under Colorado'due south original territorial charter). Municipal rule outside of domicile rule jurisdictions is authorized by the Local Regime Land Use Control Enabling Act (Land Apply Enabling Act) [Biblio: C.R.S. § 29-xx-101 et seq.],
Colorado Counties
Adams | Arapahoe | Boulder | Broomfield | Chaffee | Cheyenne | Delores | Douglas | Elbert | Garfield | Gunnison | Jefferson | La Plata | Larimer | Mesa | Moffat | Morgan | Pitkin | Rio Blanco | Saguache | San Miguel | Weld | Yuma
Adams Canton
Adams County just northeast of Denver is the fifth most populous Colorado canton, growing over 20% between 2000 and 2010 to nearly half a one thousand thousand people, and currently has approximately 40 producing operators and 650 active wells (from a total of almost 4,100). The canton defers all regulation to the COGCC.
Arapahoe County
Arapahoe County, bordering the southern and eastern edges of Denver, is the third most populous county in Colorado. The eastern portions of Arapahoe Canton take experienced increased oil and gas exploration in recent years considering it overlies Niobrara shale. For example, in 2012, the Colorado State Land Lath approved an oil and gas development charter on the 26,000 acre Lowry Range located in Arapahoe County. In 2013, Arapahoe County added an oil and gas section to its Land Development Code (12-1900) for the unincorporated portions of the county.The County also canonical a Memorandum of Understanding, which requires increased county oversight of operations and more stringent standards than country regulations, but allows the oil and/or gas producer to admission a faster, less costly administrative permitting process. The county website addresses oil and gas questions here.
Boulder County
Bedrock Canton is habitation to nigh 300,000 residents and includes some of the almost diverse, natural landscapes and sustainable development along the Forepart Range. Historically, Boulder is home to second-oldest oilfield in Colorado, with the historic McKenzie Well #1 on the National Annals of Historic Places. While in that location is not significant oil and gas development in the county, on February 2, 2012, the Boulder County Board of County Commissioners (BOCC) approved a temporary moratorium on the processing of oil and gas permits in club to update the County's Comprehensive Programme and Land Employ Code. On Baronial 15, 2012, the Boulder County Planning Commission adopted changes to the oil and gas policies in the Comprehensive Plan. The BOCC adopted Resolution 2012-142 blessing the updated oil and gas Land Use Code amendments on Dec 20, 2012 and Resolution 2013-49 to meliorate the transportation sections of those regulations. (For a detailed history of events during 2012, please visit the Land Utilize Department's webpage).
Chaffee County
Chaffee Canton is on the eastern slope of the Rocky Mountains in primal Colorado. There is not meaning oil and gas evolution in the county, although there is significant mining and gravel extraction. The County is in the process of revamping the state use code for the last several years in order to better serve the needs of the community. The county adopted new country employ lawmaking in 2014, Ordinance 2014-01, although it does not address oil and gas.
Cheyenne County
Cheyenne Canton is located in eastern Colorado on the Colorado-Kansas edge. Cheyenne is one of the top iii leading counties for oil product in Colorado. The county does not accept local regulations specific to oil and gas; rather the county primarily relies on state and federal regulation to control oil and gas development. There was a new oil discovery here in 2013.
Delores County
Delores County is located near the southern end of the western edge of Colorado, and is the seventh least-populous county in the state, with a population of merely about 2000 people as of the 2010 census. However the canton does comprise evolution, peculiarly natural gas evolution, and there is the potential for future oil shale development here. Its Land Use Code is largely silent on specific regulations pertaining to oil and gas development.
Douglas County
Douglas County is located in eastern Colorado between Denver and Colorado Springs. The canton began to see expanded oil and gas leasing in 2011. The County is in the procedure of developing local regulations for oil and gas development, and completed a transportation affect report in 2012. See the County's oil and gas page for more particular.
Elbert County
Elbert County is located in eastern Colorado between Denver and Colorado Springs neighboring Douglas Canton. At that place is not significant oil and gas evolution in the county currently; yet, recently located natural gas deposits are partially located in Elbert Canton generating potential evolution in the county. In January of 2014 the county approved new regulations assuasive an expedited administrative approval process for producers who agree to the county drafted Memorandum of Understanding.
Garfield County
Garfield county is located on the western border of the country and includes the cities of Battlement Mesa, Glenwood Springs, and Rifle. At that place is a significant amount of oil and gas development in the county as much of the County is office of the Piceance Basin. The Canton has a County Oil and Gas Department that serves as a liaison betwixt the citizens of Garfield County and the energy industry and plays a meaning role in the regulation and evolution of oil and gas resources in Garfield County. The Garfield County Free energy Advisory Board was established in 2004 to provide a forum for the oil and gas industry, the public, impacted landowners, and local government entities to prevent or minimize conflict associated with oil and gas development to encourage development of resources within Garfield County. The County has also drafted a Unified Land Use Resolution. The County Commissioners take consistently been pro-manufacture in their arroyo to regulation at the federal, state (see as well), and local level.
Garfield County has issued several oil and gas guidance documents that include:
Typhoon Garfield County Oil and Gas Primer: How to Navigate Garfield Canton Zoning Regulations – This certificate is intended to serve as a guide for operators, contractors, and consultants involved in pursuing projects related to the evolution of oil and gas in Garfield County. It contains the County Zoning Regulations that govern the most common types of oil and gas projects.
Garfield Canton Energy Informational Board's Community Guide: Agreement Natural Gas Evolution – This convenient Guide provides a full general overview of the drilling and processing of natural gas. It besides explains legal bug surrounding split up estates, major applicable country and federal regulations, environmental concerns related to air quality, water quality, and surface impacts, and provides information about the implementation of best management practices.
Gunnison County
Gunnison Canton Oil and Gas Regulations: Gunnison Canton is located in southwestern Colorado. The Piceance Basin (which contains meaning reserves of coal, natural gas, and oil shale) underlies a portion of the county. A high level of oil and gas evolution in Gunnison canton and surrounding areas prompted the County to enact temporary regulations specific to oil and gas in 2003. The Gunnison County Board of Commissioners voted on Baronial 28, 2012 to pass Resolution #2012-25, which amended the regulations.
Discussions regarding Gunnison County oil and gas evolution have to date focused on iii areas: improvements to utilize of the state "local authorities designee" process, improvements to the Gunnison County regulatory procedure, and improved inspections.
Provisions of particular interest include: § ane-103 (categorizing oil and gas operations), 104 (application requirements, including site planning and analysis of environmental impacts and emergency responses), and 108 (operation standards, including not-deposition, mitigation, and financial surety requirements). The county as well put out a Best Management Practices Field Guide for the Construction of Low-Volume Service Roads – a guide to building remote roads that aims to help build ameliorate, more than cost-effective roads and to minimize adverse environmental impacts and protect water quality.
Jefferson County
Jefferson County is the fourth well-nigh populous county in Colorado, and lies immediately westward and southwest of Denver, and includes the Metropolis of Gold. Jefferson Canton currently has only 65 wells and historically has non been a producer of oil except for i marginal well completed in 1955 and abandoned in 1962. Jefferson County does contain coal deposits, from which coalbed methane may be extracted. Its country use lawmaking indicates that "oil or natural gas drilling operations or the extraction of minerals" is conditionally permitted (see Tabular array iii.3.3) in agricultural areas with lot sizes of 40 acres or more than.
La Plata Canton
La Plata County is located in the southwest corner of Colorado and includes the city of Durango. Both the Paradox Basin and the San Juan Basin prevarication inside the county, which leads to a meaning amount of oil development and especially natural gas evolution. La Plata County is one of the meridian 3 natural gas producers in the state. La Plata Canton enacted its Oil and Gas Regulations (select Chapter 90, Article II) "to facilitate the evolution of oil and gas resource within the unincorporated expanse of the county while mitigating potential state use conflicts between such development and existing, as well as planned, country uses." The regulations are generally intended "to protect and promote the health, prophylactic, morals, convenience, gild, prosperity, and general welfare of present and future residents of the county." (§ninety-17). The La Plata County regulations were adopted as office of the La Plata Canton Code and are administered by the La Plata County Board of Commissioners. The regulations were updated in Nov 2008 and again in 2010 (specifically the country use code). Provisions of particular involvement include § 90-19 (definitions), 41 (application requirements including site and operating plans and mitigation measures), 108 (let review criteria), 123 (environmental quality standards), and 124 (surface impact standards). The county provides an oil and gas FAQ available here. The planning process for the county'south oil and gas regulation can be found here.
Larimer County
Larimer County is the 7th most populous canton in Colorado, and includes the cities of Fort Collins and Loveland. It borders Wyoming just due east of the Rocky Mountains. Larimer County is not a major producer of oil and gas, with less than 200 currently producing wells. The county'due south Land Use Lawmaking § iv.iii.7(F) defines oil and gas evolution as an industrial apply and requires an access fee.
Mesa County
Mesa County lies on the Western border of Colorado and overlies the Piceance Basin, a major gas bearing formation. V municipalities sit down within its boundaries, including the city of M Junction and the town of Palisade. There has been significant oil and gas evolution in Mesa County, although production has been declining with the low price and arable supply of natural gas. The local land use code regulating oil and gas can exist accessed from the Mesa County Website. The canton Country Use Lawmaking § 5.2.16, regulates oil and gas drilling and may crave environmental restoration, financial sureties, visual mitigation, and weed and pest command.
Mesa County
Moffat County is the northwestern nigh Colorado canton, and also the second largest. It has over two,200 wells, nearly 400 of which are currently producing. Moffat County requires permits for certain oil and gas related activities such as rig movement, but generally does not impose additional regulations higher up state requirements.
Montezuma Canton
Montezuma County lies on the Western border of Colorado but south of Mesa Canton, and similarly overlies the Piceance Bowl. Drilling in Montezuma County is for carbon dioxide besides as natural gas. The county Land Employ Code does non address oil and gas evolution.
Morgan County
Morgan County is a largely rural, agronomical county that lies halfway on the diagonal between Denver and the northeast corner of Colorado. Because the petroleum-bearing geological formations sparse as they motion eastward across Colorado, most of the evolution is concentrated west of Morgan County.
Pitkin County
Pitkin County is located in central-western Colorado and includes the city of Aspen. The Piceance Basin runs forth the western edge of Pitkin Canton. Chapter Four of the Pitkin County Code, last updated past the Board of County Commissioners in 2006, covers permitted and special review uses and addresses oil and gas development. Pitkin Canton Oil and Gas Regulations are institute at Chapter 4 of its State Utilise Code. Oil and gas development is classified every bit a special review utilize, and requires review (described at § two-twoscore-xx(a)-(e)) by the Canton Commissioners in certain areas. Performance standards include emergency response, fire and floodplain protections, agriculture and irrigation protections, site security, and numerous mitigation measures including waste removal, weed control, and visual impact mitigation. At that place are besides requirements for pipeline and gathering systems. These requirements may not be waived for technological infeasibility and the burden is on operators to demonstrate compliance. See generally § 4-10 through 4-30 for provisions of annotation.
Rio Blanco County
Rio Blanco County is located in rural northwestern Colorado. The two communities of Meeker and Rangely are located within the County. Approximately 75% of county lands are federally owned and include parts of the White River and Routt National Forests. The County has nearly seven,000 wells, of which over 2,100 are currently producing. The local permitting requirements can be located on the Rio Blanco Canton website. Local regulations can be found at Article X, Department 410 of the county Land Employ Code.
Saguache County
Saguache County is located in the Rocky Mountains in South, Central Colorado. Over seventy% of the land in Saguache County is publicly endemic with the bulk being national forest, national park, or BLM managed lands. There is some oil and gas development in the County and extensive regulations accept been adult to control development that incorporates BMPs and regulation of hydraulic fracturing. The County's regulations can be found at Article XXI of its Land Development Code.
San Miguel County
San Miguel County is located on the southwestern border of Colorado. The County includes the metropolis of Telluride and the Uncompahgre National Forest. The Paradox Basin underlies almost of San Miguel County. The San Miguel County Oil and Gas Regulations (select Article 5, so come across § v-26): are intended "to provide for the development of oil and gas resources within the unincorporated area of San Miguel County while mitigating potential land use conflicts between such development and existing, as well as planned, state uses and the natural environment." The San Miguel County regulations were adopted every bit an amendment to the County Land Use Code in 2006 by the San Miguel County Board of Commissioners. Additionally, San Miguel County "encourages the apply of directional drilling, the placement of multiple wells on a unmarried site, the utilise of evaporation pits rather than water injection stations, and other innovative techniques, and provides for the supplemental use of the Bureau of Land Management Gold Book (Surface Operating Standards for Oil and Gas Exploration and Development), the Gunnison Sage-grouse Rangewide Conservation Plan, and the San Miguel Basin Gunnison Sage-grouse Conservation Plan every bit guidance for the land apply evolution and review process and the required mitigation of potential impacts. San Miguel County also encourages the avoidance of disquisitional wildlife habitat areas, wetland areas, floodplains, and geohazard areas." (§5-2601(A)).
Weld County
Weld County is located in northern-central Colorado, extending to the Wyoming edge just east of Fort Collins. The County boasts the largest number of oil and gas wells in the state with nearly half the total, at over 20,000 wells, and in 2013 accounted for nearly 80% of the state'southward total oil output. Weld County generally opposes oil and gas regulation. The County has issued permitting guidance, just more often than not does non impose any college standards than the state requires.
Yuma County
Yuma Canton is located at the northern edge of Colorado'south eastern edge, and has some major development with over iii,700 currently producing wells (from a total of nearly 6,200). Being at the eastern edge of the DJ basin, the wells hither produce mainly natural gas. The County Land Apply Code can exist accessed from the Yuma County website. Oil and Gas Development is considered a Major State Use under the Yuma Land Use Lawmaking (§ x-101), and the allow application and review procedures can be found at § 4-104 and v-103 & 104.
Colorado MUNICIPALITIES
Alma | Aurora | Boulder | Broomfield | Cedaredge | Collbran | Durango | Fort Collins | K Junction | Jamestown | Lafayette | Longmont | Louisville | Manitou Springs | New Castle | Rico | Thornton
The post-obit are provided as examples of the diverseness of municipal oil and gas regulations currently in place throughout Colorado. Information technology is not intended to be a comprehensive list. Delight contact usa to add additional municipalities: Go to the Add INFO page.
Click on the link to view the city'south ordinances; choose the specific affiliate or department indicated in parentheses.
Boondocks of Alma
In 2011, the Boondocks of Alma updated Article 4 of its municipal code, which covers Alma's Watershed District. Pursuant to Article four, information technology is unlawful for any person to engage in drilling operations and surface and subsurface mining operations inside the Watershed District unless the person obtains a permit. If the Town makes a finding of "minor impact," the Town must upshot a permit for the proposed impact. If the Town finds more than than a minor impact from the proposed activity, the permit goes through a public hearing process. A permit will be issued upon a finding that the bidder has proved that the proposed activeness does non present or create a foreseeable chance of pollution to Beaver Creek or the Boondocks waterworks or any water tributary sources for five miles above whatsoever point from which h2o is diverted for use by the Town. The Town retains the correct to finish the permitted activeness if information technology finds that the activity is existence done in a contrary manner to the provisions of the Ordinance. The town of Alma may assess penalties of $300 a mean solar day per violation.
Urban center of Aurora
City of Aurora Building and Zoning Lawmaking (Ch. 146, art. 12, sec. 7)
Metropolis of Boulder
In November of 2013, the City of Boulder was one of four local governments with oil and gas questions put on the ballot. Voters approved Question 2H with nearly fourscore% approval. The mensurate extends a moratorium on new oil and gas exploration, and the utilise of hydraulic fracturing, for v years. No lawsuit has been filed against Bedrock over this issue.
Broomfield (City and County)
The incorporated city and canton of Broomfield operates equally a home dominion municipality under Art. XX § x-13 of the Colorado Constitution, after beginning equally a municipality it became its own county in 2001. In 2013, the metropolis and county of Broomfield voted past a narrow margin to suspend the use of hydraulic fracturing as well as the disposal or storage of fracking wastes for five years.
Town of Cedaredge
In July of 2008, the Town of Cedaredge signed a Memorandum of Understanding with the U.S. Department of Agriculture Forest Service. Pursuant to the Memorandum of Understanding, the Town will take an opportunity to review and comment on applications to the Forest Service concerning oil, gas, and mineral exploration, evolution, production and reclamation plans. The Forest Service will be afforded the opportunity to review and annotate on a diverseness of applications which may impact public lands, including zoning regulations.
Boondocks of Collbran
In October of 2010, the Town of Collbran approved an Ordinance adopting new regulations apropos Watershed Protection. Pursuant to Championship 9 of Collbran's regulations, it is unlawful for whatever person to appoint whatever surface or subsurface mining or mineral resource extraction, including whatsoever and all oil and/or natural gas drilling, extraction, or mining without first obtaining a permit. If the Town makes a finding of "no bear on," the Town must issue a "no impact" let. If the Boondocks finds an impact from the proposed activity, the permit goes through a public hearing procedure. A permit volition be issued upon a finding that the applicant has proved that the proposed activeness does not present or create a foreseeable risk of damage or injury to or pollution of the Town of Jamestown waterworks. The town of Collbran may assess penalties of $1,000 a twenty-four hour period per violation.
City of Durango
Urban center of Durango Code of Ordinances (Ch. 27, sec. 10-12)
City of Fort Collins
In November of 2013, the City of Fort Collins (a home rule municipality) was ane for iv local governments with oil and gas questions on the ballot. Voters canonical Question 2A with 55% approval. The measure established an ordinance prohibiting for 5 years the use of hydraulic fracturing or storing fracking waste inside city limits. COGA filed a lawsuit against the metropolis ordinance in December of 2013. For groundwork on the issues in Fort Collins, come across a 2013 proposal by the Urban center to ban fracking within the city boundary.
Urban center of Grand Junction
City of Thousand Junction
Town of Jamestown
In June of 2011, the Town of Jamestown approved an Ordinance concerning the town waterworks and watershed. Pursuant to the Ordinance, it is unlawful for any person to engage in drilling operations within the Watershed District unless the person obtains a permit. If the Town makes a finding of "no impact," the Town must issue a "no impact" permit. If the Town finds an impact from the proposed activity, the permit goes through a public hearing procedure. A permit will exist issued upon a finding that the bidder has proved that the proposed activity does not present or create a foreseeable gamble of damage or injury to or pollution of the Town of Jamestown waterworks. The Town retains the right to stop the permitted activity if it finds that the activity is being done in a contrary manner to the provisions of the Ordinance. The boondocks of Jamestown may assess penalties of $1,000 a day per violation.
City of Lafayette
In Nov of 2013, the City of Lafayette (a dwelling rule municipality) was 1 for iv local governments with oil and gas questions on the election. Voters canonical Question 300 with 60% approving, and banned all oil and gas development and related activities inside the city. COGA filed suit against Lafayette in December of 2013. Metropolis of Lafayette Code of Ordinances (§ 26.22-1)
City of Longmont
Longmont is a dwelling rule municipality. In July of 2012, the Longmont Urban center Council voted to approve new oil and gas regulations (Ordinance 2012-25), limiting oil and gas development within the city. A lawsuit against the metropolis was filed in the same calendar month past COGA, and joined by the COGCC. In November of 2012, the citizens of Longmont passed Ballot Question 300, which bans hydraulic fracturing within the city.
Metropolis of Louisville
City of Louisville Code of Ordinances (Ch. 17.68)
Town of Manitou Springs
In June of 2011, the Boondocks of Jamestown approved an Ordinance that concerned the boondocks waterworks and watershed. Pursuant to the Ordinance, information technology is unlawful for any person to engage in drilling operations within the Belch Surface area of the Watershed District unless the person obtains a allow. Further, any activity that may foreseeably cause seismic damage to Manitou Springs' water supply is illegal without a permit. Seismic damage is defined as "the effect of blasting construction or other purposes causing the opening of fractures and the onset of water flowing from the celebrated springs aquifer.
If the Town makes a finding of "no impact," the Town must immediately upshot a "no bear on" permit. If the Town finds an bear upon from the proposed activity, the permit goes through a public hearing process. A allow volition be issued upon a finding that the applicant has proved that the proposed activity does non present or create a foreseeable risk of impairment or injury to or pollution to the historic mineral springs.
Boondocks of New Castle
In June of 2011, the Town of New Castle updated Chapter thirteen.40 of the Municipal Lawmaking regarding New Castle's Watershed Protection Commune. Pursuant to Chapter 13.40, it is unlawful for any person to engage in drilling operations within the Watershed District unless the person obtains a permit. If the Boondocks engineer makes a finding of "de minimis bear upon," the Town must immediately event a "de minimis impact" permit. If the Town finds an bear upon from the proposed action, the permit goes through a public hearing process. A permit volition be issued upon a finding that the bidder has proved that the proposed activity does not nowadays or create a foreseeable risk of impairment or injury to or pollution of the Town of New Castle's waterworks. The Town retains the right to cease the permitted activity if it finds that the activity is existence done in a contrary manner to the provisions of the Ordinance. The town of New Castle may assess penalties of $1,000 a day per violation.
Town of Rico
In June of 2011, the Town of Rico approved an Ordinance apropos the boondocks waterworks and watershed. Pursuant to the Ordinance, information technology is unlawful for whatever person to engage in drilling operations within the Watershed District unless the person obtains a allow. If the Town makes a finding of "no impact," the Town must issue a "no touch on" let. If the Boondocks finds an impact from the proposed activity, the permit goes through a public hearing process. A allow will exist issued upon a finding that the applicant has proved that the proposed action does not present or create a foreseeable risk of material injury to the Boondocks's waterworks, water supply, or any water tributary sources for five miles above any point from which water is diverted for use by the Town.. The Boondocks retains the correct to end the permitted activeness if information technology finds that the activity is being done in a contrary mode to the provisions of the Ordinance. The town of Rico may appraise penalties of $40 to $1,000 a day per violation; the boondocks may also assess jail fourth dimension equally appropriate.
City of Thornton
City of Thornton Code of Ordinances (Ch. 18, art. VI)
Additional Resources
Protecting Source Water in Colorado During Oil and Gas Development - This guide, released Baronial 2016, is intended for water providers and community members interested in learning more about regulatory and non-regulatory measures to protect water quality. The focus of the report is how water providers and local governments can work with regulators and the oil/gas industry to negate potential impacts from oil and gas development to drinking water sources.
Colorado County Model Regulations -- In 2003, the Oil and Gas Accountability Project (OGAP), a Colorado-based system that raises awareness nigh the environmental impacts of oil and gas development and promotes positive industry reform, drafted model regulations in an effort to assist local governments in enacting or improving their oil and gas regulations. Considering local governments are often limited in what they can regulate, the OGAP Model Regulations provide guidance on what aspects of oil and gas development counties can and cannot regulate.
The Colorado Department of Local Affairs is revising their publication, A Guide for Local Governments, which provides a detailed overview of the statutory authority for local regulation and discusses preemption and mitigation strategies (contact DOLA for more than data).
Water Quality and the Interaction of Federal, State and Local Regulation of Oil and Gas Development in Colorado uses stormwater and other h2o quality issues to explore canton authorisation and preemption issues.
Source: http://www.oilandgasbmps.org/laws/colorado_localgovt_law.php
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