University of Colorado at Boulder
BMP of Oil and Gas Development

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BMP ID: 11257
Title: Legal Non-Conforming Uses and Setbacks
Text: "2.4 Legal Non-Conforming Uses and Setbacks. Section 90-122(b) of LPLUC establishes certain setback requirements. In some instances, existing minor oil and gas facilities which initially met such requirements would not meet the requirements if a current application were filed due to (i) the encroachment of other development into the setback area, (ii) because the regulation was not in effect when the original installation occurred or (iii) because a waiver previously was obtained. . . . the County agrees that in those instances where the setback requirements of Sections 90-122 (b)( l ) and (2) cannot be met currently, the County will consider the use of the existing Well Pad site a legal nonconforming use not subject to the requirements of Sections 90-122 (b)( l ) and (2), provided that the degree of the nonconformity is not in any way increased by the placement of the Infill Well on the existing Well Pad site."
Source Publication Name: Memorandum of Understanding Between the Board of County Commissioners of La Plata County, Colorado and Black Hills Exploration and Production, Inc, 2010
Citation Section: Article II: Density and Use of Existing Well Pads and Facilities
Citation Page: 6
Supplemental Documents:  
Usage Type: Required
Timing: • Planning / Environmental Review
• Production / Operation / Maintenance
Oil / Gas Field:  
Surface Ownership: • Federal
• State
• Private
Mineral Ownership: • Federal
• State
• Private
Primary Contact: Victoria Schmitt
La Plata County
1060 E. 2nd Ave.
Durango, Colorado  81301  USA
Phone:     Alt. Phone:
Fax:     E-mail: 
Alternate Contact: Black Hills Exploration and Production, Inc
1515 Wynkoop, Suite 500
Denver, CO  80202  USA
Phone:     Alt. Phone:
Fax:     E-mail: 
Categories: Community
Location: Colorado
Species:
Vegetation Types:
• Suburban / urban
General Comments: Local Government - Operator MOU
Cost-Benefit Analysis:
BMP Efficacy: Reasoning: "the County believes that the policy of utilizing existing well pads is critical to the mitigation of the overall impact of the Infill Wells on the county as a whole"
Date Entered: 2016-05-27 20:25 UTC
Last Updated: 2016-06-01 16:39 UTC