Ag Land Leveling and Ag Reservoir Dredging

AG LAND LEVELING AND AG RESERVOIR DREDGING PERMIT POLICY

The complete Ag Land Leveling and Ag Reservoir Dredging Permit Policy can be found in the Weld County Code Chapter 8, Article X.

Sec. 8-10-20. Definitions.

A. Ag Land - Land located in the A (Agricultural) Zone District and used primarily for the purpose of farming.

B. Ag Reservoir - A water storage facility used primarily for the purpose of storing water applied through irrigation canals, ditches, laterals, and/or pipes to irrigated farmland.

C. Agricultural Year - From end of harvest in one calendar year to beginning of harvest the immediately succeeding year.

Sec. 8-10-30. Ag Land Leveling and Ag Reservoir Dredging Permit.

A. Issuance of permit. An Ag Land Leveling and Ag Reservoir Dredging Permit shall be issued only upon submission of an application and fee, including the notarized signature of the authorized operator, affirming upon oath that the activity for which the permit is requested is within the purpose and intent of this Article X. Dredged sediment stockpiled for drying on adjacent properties may require assurances that best practices will be utilized to minimize sediment transport and dust emanating there from. The applicant may be required to implement tracking control measures onto public roadways. Other best management practices may be required of the applicant if Weld County receives complaints about noise, dust, or traffic generated by the operations.

B. No exemption without permit. To secure the exemption from Mining Permit requirements provided by the IGA, an Ag Land Leveling and Ag Reservoir Dredging Permit must be obtained by the operator prior to commencement of the activity.

Sec. 8-10-40. Ag Land Leveling and Ag Reservoir Dredging Permit application and permit limitations.

A. Complete application required. Applicants shall file a complete application for an Ag Land Leveling and Ag Reservoir Dredging Permit. Based upon the information provided in the application, additional submittals may be required by Weld County if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, Weld County shall provide notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal.

B. Permit limitations. A Weld County Ag Land Leveling and Ag Reservoir Dredging Permit shall be valid only for the agricultural year in which it is issued. The issuance of the Permit does not exempt the operator from compliance with any other applicable Federal, State or County regulations, such as air quality and/or water quality regulations.

C. Hold harmless. The application and every Weld County Ag Land Leveling and Ag Reservoir Dredging Permit issued shall include the following language: "Applicant/Permit Holder, its agents, employees, subcontractors, contractors and assigns hereby agree to hold Weld County, Colorado, the agencies thereof and their officers and employees harmless from any and all loss and damage or any claims which may arise out of, or be connected with, the construction within the area covered by this permit; excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of Weld County, the agencies thereof, or its officers and employees."