Colorado County and Municipal Law
This section includes links to Colorado city and county codes
and materials related to oil and gas surface operations.
According
to the Colorado Petroleum Association, oil and gas wells are located
in 42 of Colorado's 63 counties. The top 3 counties in oil production
are Rio Blanco, Weld, and Cheyenne. La Plata, Weld, and Garfield
counties lead the state in natural gas production. A number of
county and municipal governments in Colorado have enacted local
regulations to supplement the applicable federal and state laws
and regulations in order to further manage oil and gas development
in their areas. Not every county or city in Colorado has chosen
to implement such regulations, but among those that have, some
are more stringent than others in terms of recognizing environmental
concerns and including environmental protection provisions. The
following are provided as examples of the variety of local oil
and gas regulations currently in place throughout Colorado. Links
to the full text of each county’s regulations or city’s ordinances
are provided below, but provisions of particular interest are
identified as well.
Also, in 2003, the Oil and Gas Accountability Project (OGAP),
a Colorado-based organization that raises awareness about the
environmental impacts of oil and gas development and promotes
positive industry reform, drafted the Colorado
County Model Regulations in an effort to assist local
governments in enacting or improving their oil and gas regulations.
Because 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.
Lastly, several counties and municipalities in Colorado have
designated government personnel to serve as liaisons with the
Colorado Oil and Gas Conservation Commission (COGCC). The list
of local government designees (LGDs) and their contact information
can be found on the COGCC’s
website (click on "Local Governments," then click on "Listing
of Participating LGDs").
Colorado Counties
Gunnison County |
San Miguel County |
La Plata County |
Garfield County |
Pitkin County
Gunnison County
Gunnison
County Oil and Gas Regulations: Gunnison County is located in southwestern Colorado. The Piceance
Basin underlies a portion of the county. A high level of oil and
gas development in surrounding areas as well as in Gunnison county
prompted the County to enact temporary regulationd specific to
oil and gas in 2003 as part of the County Land Use Planning Code
by the Gunnison
County Board of Commissioners. Those temporary regulations
are still in effect. Visit the Gunnison County website.
Provisions of particular interest include:
§1-103(E) Classification of Oil and Gas Facilities
– categorizes oil and gas operations for permitting purposes:
No Significant Impact Oil and Gas Operation
– the operation, without mitigation, in its proposed location
is unlikely to have any significant adverse impact to the
county (taking into consideration the standards in §1-107)
Minor Oil and Gas Operation – the operation
consists of the installation or construction by a single operator
of 3-5 wells, flowlines, or gathering lines, all within a
square mile of each other during the same calendar year
Major Oil and Gas Operation – all remaining
types of operations; a public hearing is required as part
of the application review process for all major oil and gas
operations before an operation permit is granted
§1-104 Application Submittal Requirements for Oil and
Gas Permits – establishes the requirements for an application
to drill, which in part, include:
A Site Plan Map – identifies all proposed
facilities (structures, pipelines, tanks, wells, pits, flow
lines, impoundment facilities, storage areas, and equipment);
identifies all site features (floodplains, water bodies, drainage
patterns, aquatic habitat, vegetative cover, wildlife migration
routes, and significant wildlife habitat); describes an operation
plan with the method and schedule for drilling, completion,
transporting, production, and post-operation activities; and
describes a reclamation plan.
Wildlife and Wildlife Habitat Analysis –
requires an applicant to consult with the Colorado Division
of Wildlife and the U.S. Fish and Wildlife Service and provide
an analysis of existing wildlife and sensitive wildlife habitat
at the operation site, an evaluation of the impacts of operations
on wildlife and habitat, and proposed mitigation plans.
Vegetation Analysis – requires a written
description of the type, character, and density of existing
and proposed vegetation at the operation site, a summary of
the impacts of the operations on vegetation, and proposed
mitigation plans.
Water Quality Impacts – requires an applicant
to identify all wells and springs at the operation site, provide
baseline water quality analysis, describe potential impacts
to surface water, wells, and groundwater quality within one
mile of operations, and proposes measures to avoid and minimize
water quality impacts.
§1-107 Oil and Gas Operation Standards – this
section establishes standards and criteria for oil and gas operations,
such as:
- Operations must not cause significant erosion or sedimentation
- Operations must not cause significant impact to wildlife
or sensitive wildlife habitat
- Operations must not cause significant degradation in the
quality or quantity of recreation activities in the county,
such as hunting, hiking, skiing, or related activities
- Operations must not cause significant degradation to quality
or quantity of surface waters
- Operators are required to bear the proportionate cost of
mitigating the impacts caused by oil and gas operations
- Operators are required to provide financial security to
cover any mitigation required by the county
San Miguel County
San Miguel County Oil and Gas Regulations (select Article 5):
San Miguel County is located on the southwestern border of Colorado.
The County includes the city of Telluride and the Uncompahgre
National Forest. The Paradox Basin underlies most of San Miguel
County. The San Miguel County regulations 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,
land uses and the natural environment." The San Miguel County
regulations were adopted as an amendment to the County Land Use
Code in 2006 by the San
Miguel County Board of Commissioners. Visit the San Miguel County website.
Additionally, San Miguel County "encourages the use of directional
drilling, the placement of multiple wells on a single site, the
use 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 as guidance for the land
use development and review process and the required mitigation
of potential impacts.
San Miguel County also encourages the avoidance of critical wildlife
habitat areas, wetland areas, floodplains, and geohazard areas."
(§5-2601(A))
Provisions of particular interest include:
§5-2601 Definitions of Minor and Major Facility
– establishes criteria for categorizing facilities as minor
or major oil and gas operations for the purposes of permitting:
Minor Oil and Gas Facility – an individual
well site or multiple well sites on a single pad or water
injection stations and their associated facilities used by
a single operator servicing a single oil and gas field; the
cumulative horsepower rating of all auxiliary equipment does
not exceed 200 hp.
Major Oil and Gas Facility – any facility
related to the production of oil and gas, including compressor
stations and associated facilities which serve a single well
or multiple wells, water injection stations serving more than
one operator or more than one field, or storage yards that
occupy more than one acre; the cumulative horsepower rating
of all auxiliary equipment is 200 hp or more.
§5-2602(J) Reclamation – requires a facility
plan for interim and final reclamation that provides for a reasonable
reclamation schedule in light of the specific surface use and
surrounding land uses and possible recontouring and revegetation
of the surface to pre-disturbance conditions equivalent to adjacent
undisturbed areas; requires the construction of pipelines, flowlines,
and reserve pits to be consistent with the standards provided
by the Bureau of Land Management "Gold Book".
§5-2602(K) Surface Damages and Surface Use Agreements
– requires an operator to submit documentation of any surface
use agreement, written waiver, or written consent of the surface
owner for operations located on split estates.
§5-2602(L) Air Quality – requires air contaminant
emissions to be in compliance with the permit and control provisions
of the Colorado Air Quality Control Program and any local air
quality regulations if and when the county adopts such regulations.
§5-2602(N) Siting Criteria for Minor and Major Oil
and Gas Facilities – establishes criteria for the siting
of oil and gas operations, for example:
- Facilities should be sited in locations that maximize the
amount of natural screening available
- Facilities should be sited to minimize the amount of cut
and fill needed to construct the facility
- Facilities should be sited away from prominent natural features,
such as distinctive rock and landforms, vegetative patterns,
river crossings, and other landmarks
- Facilities should be sited to avoid crossing hills and ridges
or silhouetting
- Facilities should be sited to minimize the impact on wildlife
habitat as identified or mapped by the Colorado Division of
Wildlife, including raptor proofing any potential perching
structures in mapped Occupied Gunnison Sage-grouse habitat
§5-2603 Development of Minor Oil and Gas Facilities
– establishes application requirements for minor facility
permits, including drilling plans, surface use plans, surface
owner notification, descriptions of potential impacts on surface
lands, and proposed reclamation and mitigation measures.
§5-2604 Development of Major Oil and Gas Facilities
– proposals for major facilities undergo a two-step review process,
including a public hearing and issuance of a Special Use Permit
before commencement of construction and operation:
- application requirements for major facility permits include
surface owner notification, public notice, detailed site maps,
site plans, and operation plans, analysis of the potential
impacts on surface lands, vegetation, wildlife, wildlife habitat,
and water quality, proposed reclamation plans, and proposed
mitigation measures
- major facility applications are reviewed for general consistency
with applicable land use plans and standards set forth in
the Bureau of Land Management "Gold Book"
§5-2604(F) Water – all approved or conditionally
approved facilities must comply with all applicable state water
quality standards and classifications established by the Colorado
Water Quality Control Commission.
La Plata County
La
Plata County Oil and Gas Regulations
(select Chapter 90, Article II):
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 lie within the county, which leads to a significant
amount of oil development and especially natural gas development.
La Plata County is one of the top three natural gas producers
in the state. La Plata County enacted its oil and gas regulations
"to facilitate the development of oil and gas resources within
the unincorporated area of the county while mitigating potential
land use conflicts between such development and existing, as well
as planned, land uses." The regulations are generally intended
"to protect and promote the health, safety, morals, convenience,
order, prosperity, and general welfare of present and future residents
of the county." (§90-17)
The La Plata County regulations were adopted as part of the La
Plata County Code and are administered by the La
Plata County Board of Commissioners. The regulations
were updated in November 2008.
Provisions of particular interest include:
§90-19 Definitions of Major and Minor Oil and Gas Facility
– establishes criteria for categorizing operations as either
major or minor oil and gas facilities for the purposes of permitting:
Major Oil and Gas Facility – compressor
stations and associated facilities and gas treating facilities
serving multiple wells, water injection stations and associated
facilities, and storage yards occupying more than one acre;
the cumulative horsepower rating of all auxiliary equipment
is 200 hp or more.
Minor Oil and Gas Facility – an individual
well site built and operated to produce petroleum or natural
gas and all auxiliary equipment, the cumulative horsepower
rating of which does not exceed 200 hp.
Minor Oil and Gas Facility Requiring Special Mitigation
Measures – any facility not categorized as a major
oil and gas facility that does not meet all applicable standards
and requirements set forth for a minor facility.
§90-41 Submittal Requirements for Facility Permits
– establishes application requirements, such as site plans,
operating plans, and mitigation measures, for facility permits
based on the type of facility.
§90-108 Permit Review Criteria – facility
permit applications are reviewed by the board of county commissioners
according to criteria such as the demonstrated need for the
facility in the proposed location, the suitability of the proposed
location given its size, design, and operational characteristics,
the potential impacts of the facility on air and water quality,
wildlife, aesthetics, and public safety, and the compatibility
of the facility with existing uses.
§90-123 Environmental Quality Standards –
establishes environmental standards for both major and minor
oil and gas facilities, such as:
Facility Siting Criteria – maximizing the
amount of natural screening available, minimizing the amount
of cut and fill needed to construct the facility, avoiding
prominent natural features, such as distinctive rock and landforms,
vegetative patterns, river crossings, and other landmarks,
and avoiding crossing hills and ridges or silhouetting.
Wildlife Requirements
- Applicants must consult with the Colorado Division of
Wildlife to obtain recommendations for appropriate site
specific and cumulative impact mitigation procedures when
a facility is located within a "moderate" or "high impact"
habitat zone as determined by the Division
- Examples of site-specific wildlife mitigation procedures
include:
Triple indent
- Avoiding drilling and construction activities during wildlife
critical use periods (i.e., near eagle nests during nesting,
and on big game winter ranges during winter)
- Avoiding onsite operation and maintenance activities during
wildlife critical use hours
- Conducting work in streams in a manner that minimizes
siltation and erosion and at a period of little or no flow
- Completing the fueling and lubrication of construction
equipment away from aquatic environments
- Impacts from oil and gas operations that threaten endangered
species are considered nonmitigable and will result in denial
of a permit
Water – onsite containment and disposal
of water must be in accordance with applicable federal, state,
and county regulations.
§90-124 Surface Impact Standards – the purpose
of this section is to encourage minimal damage to surface activities
and surface conditions; it requires that, where a facility reduces
or destroys existing vegetation, an applicant consult with the
Soil Conservation Service and develop a revegetation plan, specifying
particular species as well as appropriate planting schedules
and methods.
Garfield County
Garfield
County Oil and Gas Department: Garfield county is located on the western border of the state
and includes the cities of Battlement Mesa, Glenwood Springs,
and Rifle. There is a significant amount of oil and gas development
in the county as much of the County is part of the Piceance Basin.
Over the last five years, Garfield County has been working to
implement oil and gas regulations. Recently the County drafted
a Unified
Land Use Resolution. Additionally, the County has a County
Oil and Gas Department that serves as a liaison between
the citizens of Garfield County and the energy industry and plays
a significant role in the regulation and development of oil and
gas resources in Garfield County. Additionally, the Garfield
County 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 through positive
and proactive communication and actions that encourage responsible
and balanced development of resources within Garfield County.
Visit the Garfield County website.
Garfield County has issued several oil and gas guidance documents
that include:
Draft
Garfield County Oil and Gas Primer: How to Navigate Garfield County
Zoning Regulations – This document is intended to
serve as a guide for operators, contractors, and consultants involved
in pursuing projects related to the development 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
County Energy Advisory Board’s Community Guide: Understanding
Natural Gas Development – This user-friendly Guide
provides a general overview of the drilling and processing of
natural gas. It also explains legal issues surrounding split estates,
major applicable state and federal regulations, environmental
concerns related to air quality, water quality, and surface impacts,
and provides information about the implementation of best management
practices.
A
County’s Role in Oil and Gas Development (One County’s Perspective)
– This presentation created by the Garfield County Oil
and Gas Department describes current oil and gas activity in Garfield
County and proposes what the County considers to be the appropriate
role for local government to play in the regulation of oil and
gas development.
Pitkin County
Pitkin
County Oil and Gas Regulations:
Pitkin County is located in western Colorado and includes the
city of Aspen. The Piceance Basin runs along the western edge
of Pitkin County. Chapter Four of the Pitkin County Code, last
updated by the Board
of County Commissioners in 2006, covers permitted and special
review uses and addresses oil and gas development.
Provisions of note include:
§ 4-10-10(b) Special Review Uses – indicating
that, when a particular land use is classified as a special review
use in a given zoning district, it is allowed only after a permitting
and review by the Board of County Commissioners. This process
is described at
§ 2-40-20(a)-(e) and involves a permit requirement, an annual
reporting requirement for operators, a site visit by the County
Development Commission, and other requirements.
§ 4-20 Permitted Use Table – classifying oil
and gas extraction as a special review use in certain rural zoning
districts and prohibiting extraction in most rural and urban zoning
classifications.
§ 4-30-20(h) Oil and Gas Extraction – setting
various performance standards that oil and gas surface operations
must comply with in order to be permitted. These standards will
not be waived even on the basis of technological infeasibility,
and the burden is on the operator to show compliance. Oil and
gas surface operations must be compatible with current and projected
surrounding uses. Compatibility is to be determined on the basis
of a operator’s ability to mitigate the impacts of oil and gas
development on surrounding uses.
§ 4-30-20(h)(2)(b) Emergency
Response Requirements – requiring that operators file
an emergency response plan that includes emergency contact information
and site specifications. Operators also must provide any necessary
equipment and training to Fire District and Pitkin County Hazardous
Material Team personnel. Additionally, this provision requires
that all storage tanks be bermed subject to COGCC rules and regulations.
§ 4-30-20(h)(2)(d) Fire Protection
– requiring compliance with fire management planning regulations
for facilities in severe or low to moderate wildfire hazard areas.
§ 4-30-20(h)(2)(e) Floodplain
– Requiring compliance with floodplain regulations for facilities
in flood hazard areas.
§ 4-30-20(h)(2)(f) Impact
on Agriculture – prohibiting oil and gas operations from
interfering with agricultural operations or irrigation ditches
without the written consent of the affected parties.
§ 4-30-20(h)(2)(i) Off-Site
Staging Area – requiring that off site staging areas
be maintained and constructed in the same manner as the oil and
gas operation’s access road, and placing additional permitting
requirements if the county road must be used to travel between
the staging area and the well site.
§ 4-30-20(h)(2)(j) Roads and
Access – requiring that road use permits be obtained,
requiring a bond to cover any potential road degredation, and
requiring that operators repair damaged roads. This provision
also requires operators to avoid scheduling heavy traffic between
Oct. 1 and May 2, due to the possibility of muddy conditions that
could increase rut formation, and requires operators to minimize
dust creation and provide the county with a drainage plan.
§ 4-30-20(h)(2)(k) Security – requiring security
measures, such as fencing and locking gates, as agreed upon by
the operator and the surface owner. Also requiring that discharge
valves on pipelines, storage tanks, and other containers be secured
when the facility is unattended.
§ 4-30-20(h)(2)(l) Trash and Waste Removal –
requiring that liquid and solid waste be confined to the site
or disposed of in compliance with county regulations and in a
manner that avoids impacts on surrounding land.
§ 4-30-20(h)(2)(n) Visual
Impact Mitigation – giving the county authority to require
vegetative screening and other visual impact mitigation for facilities
visible from scenic byways or within 200 feet of a maintained
public road, 350 feet of a residence, or 1,000 feet of a public
facility. These visual impact mitigation measures include requirements
that facilities be located away from scenic areas, avoid crossing
ridgelines, and be situated at the base of hills where possible,
and also require that cleared vegetation lines be feathered or
thinned and that cutting and filling be minimized. Buildings must
be of minimal size and painted flat, non-reflective colors slightly
darker than the surrounding land.
§ 4-30-20(h)(2)(o) Noxious
Weed Control – requiring that operators control noxious
weeds during construction and operation of facilities using methods
recommended by the Pitkin County Weed Coordinator.
§ 4-30-20(h)(3) Oil and Gas Gathering Systems and Transmission
Pipelines – placing various requirements on the construction,
siting, and operation of oil and gas gathering systems and pipelines.
These include measures for emergency response, erosion control,
fire protection, floodplain regulation compliance, agricultural
operation protection, road damage mitigation, visual impact mitigation,
noxious weed control, and wildlife protection.
Colorado Cities
The following is a sampling of municipal oil and gas ordinances
enacted by cities throughout Colorado. In general, city ordinances
are more limited in scope than county regulations, and they tend
to echo many county provisions both in form and substance. Due
to this similarity, links to the municipal codes are provided,
but provisions of particular interest are not additionally highlighted.
One noticeable distinction between regulations at the county and
municipal levels, however, is that many municipal codes include
restrictions on specific oil and gas activities permitted in urban
areas of a city and those permitted in nonurban areas.
Click on the link to view the city's ordinances; choose the specific
chapter or section indicated in parentheses.
City
of Aurora Building and Zoning Code (Ch. 146, art. 12, sec.
7)
City
of Durango Code of Ordinances (Ch. 27, sec. 10-12)
City
of Lafayette Code of Ordinances (§ 26.22-1)
City
of Louisville Code of Ordinances (Ch. 17.68)
City
of Thornton Code of Ordinances (Ch. 18, art. VI) |