Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-12 was introduced on first reading on August 11, 2025, and a public hearing and second reading was held on September 8, 2025, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on September 22, 2025. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard.
In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225 prior to the day of the hearing.
Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2025-12
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 21 Areas and Activities of State Interest of the Weld County Code
Date of Next Reading: September 22, 2025, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: September 10, 2025
Published: September 12, 2025, in the Greeley Tribune
Changes Made to Code Ordinance 2025-12 on Second Reading
Amend Sec. 21-5-20. Definitions.
In addition to the terms defined in Section 21-1-90 of this Code, the following terms specific to the designation of site selection and construction of Locations and Facilities shall be construed to have the meanings set forth as follows:
Building Unit ("BU"): means a Residential Building Unit, as defined in this Article V, and any building that is used for business or commercial purposes that is normally occupied during working hours.
Insert Class II Well: means a Well that is used only to inject fluids associated with oil and natural gas production as further defined in EPA Regulation 40 CFR § 144.6.
Insert Class VI Well: means a Well that is used for injecting CO2 Stream for geologic sequestration as further defined in EPA Regulation 40 CFR § 146.81.
CO2 Stream: means a gas, liquid or supercritical product stream which contains carbon dioxide (CO2), nitrogen (N2), oxygen (O2), associated substances derived from various source materials authorized under the Class VI Permit, any substances added to the stream to enable or improve the injection process into the Injection Zone, and any combination of these substances.
Insert Deep Geothermal Well: means a hole drilled for exploration for and production of Allocated Geothermal Resources or Geothermal Resources that are deeper than two thousand five hundred (2,500) feet below the surface. Deep Geothermal Well includes Geothermal Injection Wells.
Gas Well: means a Well, the principal production of which at the mouth of the Well is gas, as defined by the Oil and Gas Conservation Act of the State of Colorado ("the Act"), including non-hydrocarbon gases such as Carbon Dioxide and Helium.
Geologic Sequestration: means the long-term containment of CO2 Stream within the Injection Zone.
Delete Geothermal Pad Surface.
Haul Route: means the Weld County approved route that identifies the traffic flow to and from the Location to the nearest County designated arterial roadway or designated highway (State or Federal). The Haul Route shall apply to all vehicles during the Construction Phase including drilling, Completion and Flowback. During the Production Phase or traffic associated with repair and maintenance activities, the Haul Route shall apply to all vehicles with a GVWR (Gross Vehicle Weight Rating) exceeding 10,000 pounds or any vehicle towing equipment. Production Phase exclusions to the Haul Route shall apply to all local hauling. Exceptions to the Haul Route shall apply to any Transport Permits issued pursuant to Chapter 8 Article XV of Weld County Code.
Injection Zone: means a defined geologic formation, group of formations, or part of a formation that is of sufficient areal extent, thickness, porosity and permeability to receive CO2 Stream through a Class VI Well, or fluids associated with oil and natural gas production through a Class II Well.
Insert Noxious Weeds: when used in this Article V, shall have the same meaning as the definition included in Section 15-1-30.
Delete Pore Space.
Produced Water: means water extracted from the earth from an oil or natural gas production Well, or separated from crude oil, condensate, or natural gas after extraction. Produced Water includes Flowback water, excluding proppants returned to the surface.
A. Recycled/Treated Produced Water:
Produced Water that has been treated by approved methods to reduce hydrocarbons and/or volatile organic compounds (VOCs), consistent with all applicable local, state, and federal standards. Such water shall meet environmental, air quality, and carbon emission criteria and be suitable for reuse in oil and gas operations or other applications as may be permitted by law.
Sensitive Area: means an area vulnerable to potential significant adverse Groundwater impacts, due to factors such as the presence of shallow Groundwater or pathways for communication with deeper Groundwater; proximity to surface water, including lakes, rivers, perennial or intermittent streams, creeks, irrigation canals, and Wetlands. Additionally, areas classified for domestic use by the Colorado Water Quality Control Commission, local (water supply) wellhead protection areas, areas within one-eighth (⅛) mile of a domestic water Well, areas within one-quarter (¼) mile of a public water supply Well, Ground Water basins designated by the Colorado Ground Water Commission, and surface water supply areas are Sensitive Areas. When the Operator or OGED Director has data that indicate an impact or threat of impact to ground water or surface water, the OGED Director may require the Operator to make a Sensitive Area determination and that determination shall be subject to the OGED Director's approval. The Sensitive Area determination shall be made using appropriate geologic and hydrogeologic data to evaluate the potential for impact to Ground Water and surface water, such as soil borings, monitoring Wells, or percolation tests that demonstrate that seepage will not reach underlying Ground Water or Waters of the State and impact current or future uses of these waters. Operators shall submit data evaluated and analysis used in the determination to the OGED Director. Operations in Sensitive Areas shall incorporate adequate measures and controls to prevent significant adverse environmental impacts and ensure compliance with the concentration levels in Appendix 21-A of this Code, with consideration to WQCC standards and classifications.
Insert Waters of the State: means any and all surface and subsurface waters which are contained in or flow in or through this state, but does not include waters in sewage systems, waters in treatment works of disposal systems, water in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. Waters of the State include, but are not limited to, all streams, lakes, ponds, impounding reservoirs, Wetlands, watercourses, waterways, wells, springs, irrigation ditches or canals, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the State.
Well: means a Deep Geothermal Well, an Oil Well or Gas Well, a Class II Well, a Class VI Well, a Stratigraphic Well, a Gas Storage Well, or a Well used for the purpose of monitoring or observing a reservoir.
Well Site: means the areas that are directly disturbed during the drilling and subsequent operation of, or affected by, Production Facilities directly associated with any Well and its associated Well pad.
Insert Wetlands: means those lands as defined by the EPA pursuant to Section 404 of the Clean Water Act and based on the Army Corps of Engineers Wetland Delineation Manual.
Amend Sec. 21-5-30.I Applicability and general rules, to read as follows:
I. The review, consideration and issuance of a 1041 WOGLA Permit is an administrative hearing process and is exempt from the definition of Development set forth in the agreements contained in Chapter 19 of the Weld County Code. However, oil and gas exploration and production in Weld County is considered development as that term is defined in Section 24-65.1-102(1), C.R.S. As such, Section 24-65.1-108, C.R.S., is applicable to permitting of oil and gas development in Weld County.
Amend Sec. 21-5-315. Pre-application meeting and 1041 WOGLA notice, to read as follows:
A. Pre-application meeting. Prior to delivery of the 1041 WOGLA notice, the Applicant shall request a pre-application meeting with the OGED Director. This meeting may be conducted through a face-to-face meeting, or a virtual meeting, as determined by the OGED Director. The purpose of the pre-application meeting is to give the Applicant an opportunity to demonstrate, through written and graphic information, how the Location complies with the standards set forth in this Article V, while protecting the health, safety, and welfare of Weld County's citizens, environment, and wildlife. The primary reasons for the pre-application meeting are to discuss comprehensive planning and the pros and cons of alternative sites. The following shall be submitted to the OGED Director as part of the request for a pre-application meeting:
1. – No change.
2. Development Area drawing. The purpose of the Development Area (DA) drawing is to illustrate the surroundings to assist in comprehensive planning and in the discussion of Location siting. The drawing shall identify the DA for which the Wells on the Location are intended to produce, and the preferred site the Applicant is considering.
This drawing shall include, but not be limited to, all property lines, geologic hazards, airport overlay districts, floodplains, floodways, subdivisions, city limits, and county boundaries, within the DA. In the case of a Location with no Wells, the Well(s) producing to that Location shall be identified. In the case of a Location involving a Class II or Class VI Well, the DA shall be considered the Injection Zone. In the case of a Geothermal Well, the DA shall be the 1041 WOGLA Zone.
Remainder of Section – No change.
Amend Sec. 21-5-320. Application requirements for 1041 WOGLA Permit, to read as follows:
A 1041 WOGLA Permit Application shall be submitted to the OGED Director for processing and determination of whether the Application is complete and in compliance with the requirements of this Section. The following shall be submitted as a part of the Application:
A. Weld County Oil and Gas Location Assessment Application. A 1041 WOGLA Permit Application shall be submitted electronically to the OGED Director.
1. through 4 – No change.
5. Required Information. The Applicant shall provide site-specific Best Management Practices (BMPs) illustrating how the health, safety, and welfare of Weld County's citizens, environment, and wildlife will be protected. With the consent of the Surface Owner(s), BMPs may include mitigation measures relevant to the SUA or other agreement.
a. – No change.
b. A thorough explanation of the Site Analysis the Applicant has performed for the Location, as supported by the DA drawing described in Section 21-5-320.B.2. Each alternative site shall include a short narrative of its pros and cons. The Site Analysis, beginning with the pre-application meeting, must describe how the Applicant's proposed location is superior to other alternatives considered by the Applicant in terms of protecting Weld County's residents, resources and infrastructure. Although it is not incumbent upon an Applicant to describe a certain number of alternatives that were considered against the Applicant's chosen site, it is generally expected that the Applicant will provide siting analysis explanations for the Locations that were discussed during the pre-application meeting. The Site Analysis shall include alternatives if the Applicant's chosen site is located within High Priority Habitat or has the following cultural items within two thousand (2,000) feet of the Applicant's chosen site as measured from the Disturbance Area to the cultural item: BUs, HOBUs, DOAAs, Sensitive Areas, local government boundaries, and water resources including lakes, ponds, rivers, and ditches.
c. through e. – No change.
B. Attachments. The following shall be attached to the application:
1. through 4 – No change.
5. Facility Drawing. The purpose of the facility drawing is to identify the positioning of all equipment on the Location. This shall be a scaled drawing illustrating the disturbance area of the Location, as well as the boundaries of the area to be interim reclaimed. The total disturbed acreage and the residual acreage following interim Reclamation shall be stated on the drawing. The drawing shall label or provide a legend used to identify all existing and proposed Well(s), equipment, and Flowline corridors on-location. If the Operator intends to utilize any Telecommunication Antenna Tower as defined in Section 23-1-90 with standards further outlined in Section 23-4-830 the placement and height of such must be identified on the facility drawing. Additionally, the drawing shall depict the placement of any MLVTs within the Location.
The Facility drawing shall also indicate where the proposed access(es) enters the Location.
6. Waste management plan. A waste management plan shall be provided that describes the methods for storing, transporting and disposing of wastes, along with the names of all disposal facilities to be utilized for each waste stream. The plan must include a statement that waste materials will be handled in compliance with and should cite appropriate local, state and federal regulatory requirements. The plan should further provide that wastes stored onsite will be stored in compatible containers that are regularly inspected to ensure they are in good condition and free of excessive wear, structural issues or other defects that may impact their effectiveness. Reports and information regarding the integrity and effectiveness of compatible containers will be made available for review upon request. At a minimum, the waste management plan must address the following waste streams: Drilling Fluids, drill cuttings, Hydraulic Fracturing Fluid, Flowback and Produced Water, oil-stained soils, tank bottoms, general trash, hazardous materials, and other non-hazardous solid wastes.
7. – No change.
C. Additional Attachments. The following items may be required as attachments to the Application, if applicable:
1. – No change.
2. Reclamation plan. If the final Land Use includes residential, industrial, commercial, or cropland, a reclamation plan is not needed. If the final Land Use includes rangeland, forestry, recreation, wildlife habitat, or any other non-excluded Land Use, a Reclamation plan is required. The plan shall include at least the following information:
a. through c. – No change.
3. – No change.
4. Dust Mitigation plan. Operators shall submit a Dust Mitigation Plan for all Locations within the Near-Urban Planning Area. For Locations within the Ag-Rural Planning Area, a dust mitigation plan shall be required if there are receptors (BUs, HOBUs, or DOAAs) within the 1041 WOGLA Zone. For Locations sited within HPH, Operators shall consult with CPW, and on federal lands, the Bureau of Land Management, or the United States Fish and Wildlife Service regarding practical BMPs for dust mitigation efforts specific to the impacted habitat. If no receptors are located within the 1041 WOGLA Zone, the Operator will still be responsible for controlling dust on private access roads and on Location, especially on high wind days.
When required, as an attachment to the 1041 WOGLA Application, the plan shall detail how the Applicant will utilize all practicable BMPs and other methodologies to reduce dust, including practices such as the use of speed restrictions; regular road maintenance; restriction of construction activity during high-wind days; silica dust controls; road surfacing; construction of wind breaks and barriers; soil stockpile stabilization; automation of Wells to reduce truck traffic; and the application of dust suppression. Additionally, the dust mitigation plan should identify all potential sources of dust that are associated with both the Construction Phase and Production Phase of operations.
5. Odor Mitigation plan. Operators shall submit an Odor Mitigation Plan for all Locations within the Near-Urban Planning Area. For Locations within the Ag-Rural Planning Area, an odor mitigation plan shall be required if there are receptors (BUs, HOBUs, or DOAAs) within the 1041 WOGLA Zone. For Locations sited within HPH, Operators shall consult with CPW, and on federal lands, the Bureau of Land Management, or the United States Fish and Wildlife Service regarding practical BMPs for odor mitigation efforts specific to the impacted habitat.
When required, as an attachment to the 1041 WOGLA Application, the plan shall detail how the Applicant will utilize all practicable BMPs and other methodologies to reduce odor, including practices such as the utilization of odor reducing or suppressive additives, utilizing different types of drilling mud, describing processes and equipment used to reduce odors for each odor source or on-site activity. Additionally, the Odor Mitigation Plan should identify all potential sources of odors that are associated with both the Construction Phase and Production Phase of operations, including, but not limited to, drilling fluids and cuttings, flowback and produced fluids, and E&P Waste.
6. – No change
D. Additional Weld County issued permits and agreements. The following permits and agreements may be required either for the issuance of a 1041 WOGLA Permit, or after approval of a 1041 WOGLA Permit:
1. through 4 – No change.
5. A drainage letter is required for a 1041 WOGLA Permit. At the time of application submittal, a drainage letter shall be provided for review by Weld County pursuant to the applicable criteria established in Section 21-5-446 of this Code. Prior to applying for a Grading Permit, a drainage letter stamped and signed by a Professional Engineer registered in the State of Colorado must be accepted.
6. through 7. – No change.
Renumber remainder of Section.
Additional information may be required by the OGED Director, resulting from consultation with referral agencies, and/or the public. At the discretion of the OGED Director Weld County may accept substantially equivalent plans as accepted by the ECMC.
Amend Sec. 21-5-325. Comprehensive Development Plans (CDPs), to read as follows:
Operators are encouraged to initiate and enter into Comprehensive Development Plan ("CDP") where feasible and with the agreement of Surface Owner(s). CDPs will identify foreseeable oil and gas activities in a defined geographic area, facilitate discussions about potential cumulative impacts, and identify mitigation measures to Minimize Adverse Impacts to public health, safety, welfare, and environment, including Wildlife Resources. The plan shall: (a) identify natural features of the geographic area, including vegetation, Wildlife Resources, and other attributes of the physical environment; (b) describe the Operator's future Oil and Gas Operations in the area; (c) identify potential impacts from such operations; (d) develop agreed-upon measures to avoid, minimize, and mitigate the identified potential impacts; (e) include other relevant information. A Comprehensive Development Plan must be approved by the 1041 Hearing Officer and shall be valid for a period of up to ten (10) years, as recommended by the OGED Director and approved by the Hearing Officer, unless extended by the 1041 WOGLA Hearing Officer.
A. Process milestones for CDPs. The following steps are required for CDP Applications.
1. through 3. – No change.
4. Community Meeting. The Applicant shall hold a community meeting prior to the 1041 WOGLA Hearing. The community meeting shall be held in-person, at a location and time to allow the greatest possible community involvement for those within or around the CDP area. A virtual community meeting may be held in addition to the in-person meeting, to reach additional community members who may not be able to attend in-person. The Applicant shall invite all parties provided notice pursuant to Section 21-5-325.A.2.
5. through 7. – No change.
While many of the aspects of the CDP will be consistent and uniform throughout, CDPs will always be conditioned for the submittal of a Site-Specific 1041 WOGLA Application. These Site-Specific Applications shall be submitted closer to the time of construction (no less than sixty (60) days prior to notice of construction), and may be administratively approved, as long as no major changes are proposed to a Location - see Section 21-5-355.
CDP's will be considered "evergreen" in nature, meaning Operators must adhere to all current and future Code requirements and Development Standards.
B. – No change.
Amend Sec. 21-5-350. Required notification, to read as follows:
A. Notifications to the OGED Director: The following notifications are required on all approved WOGLA and 1041 WOGLA Permits. Notice shall be sent electronically to the OGED Director and shall certify certain Conditions of Approval or Development Standards, which were specified as part of the approved 1041 WOGLA Permit, have been completed. The notification shall list the COA(s) or Development Standard(s) completed, along with any relevant permit number or identification number assigned.
If an Operator does not develop the Location in a single occupation, the following notifications may be required multiple times.
1. Construction Phase notices. The Operator is required to provide notice in a manner approved by the OGED Director for the following:
a. – No change.
b. Site construction completion notice. The Operator is required to provide notice to the OGED Director within two (2) weeks after completion of the site construction of the Location. This notice satisfies the notification requirement of the Grading Permit.
Remainder of Section – No change.
Amend Sec. 21-5-365, to read as follows: Compliance with 1041 WOGLA Permit, Conditions of Approval, Development Standards, and all associated Weld County issued permits and agreements, to read as follows:
An Applicant for a 1041 WOGLA Permit shall comply with the COAs and Development Standards detailed in the 1041 WOGLA Permit and in Division 4 of this Article V (referred to herein as “Development Standards”), as well as all associated Weld County issued permits and agreements. Noncompliance with the 1041 WOGLA Permit, COAs, Development Standards, or associated permits may be reason for revocation of the 1041 WOGLA Permit by the Hearing Officer. Should at any time the Operator be found to be out of compliance, the OGED Director, at his/her discretion, may set a violation hearing before the Hearing Officer pursuant to the provisions of Section 21-5-370, below. A violation hearing shall be scheduled immediately for any compliance issue which Weld County deems to be an immediate threat to public health, safety, welfare, the environment and wildlife.
A. COAs. If there are any “Prior to Recording” COAs, the Hearing Officer shall, after hearing and upon issuing a preliminary order granting the 1041 WOGLA Permit, schedule a return date when the Operator shall present evidence to the Hearing Officer that all "Prior to Recording" COAs have been satisfied. Upon providing such evidence, the Hearing Officer shall issue a final order granting the 1041 WOGLA Permit. If no "Prior to Recording" COAs exist, the Hearing Officer shall issue a final order granting the 1041 WOGLA Permit and no return date shall be necessary. Any additional COAs shall be satisfied upon the timing outlined within the 1041 WOGLA Permit.
B. Enforcement. The enforcement of the 1041 WOGLA Permit, the COAs, Development Standards, and any associated Weld County issued permits and agreements shall be conducted by the OGED Director in the following manner:
1. Upon discovery of an alleged violation of any COA, Development Standard, or associated Weld County issued permit or agreement, the OGED Director shall notify the Operator of the alleged violation and require Operator investigation and response within 24 hours. Failure to respond shall result in the immediate scheduling of a violation hearing.
2. Following initial response from the Operator, if there has not been immediate resolution, the OGED Director shall establish a required timeframe, in which the Operator shall correct the violation and inform the OGED Director of such correction. If the Operator is unable to achieve the required correction within the stated timeframe, the Operator shall inform the OGED Director of the circumstances and the anticipated date of correction, and the OGED Director may modify the stated timeframe.
3. If the OGED Director does not receive a written response from the Operator within the stated timeframe saying the violation has been corrected, or if upon inspection there is probable cause to believe the violation persists, the OGED Director shall set a violation hearing before the Hearing Officer pursuant to the provisions of Section 21-5-370, below.
Amend Sec. 21-5-370. Violation procedures, to read as follows:
The OGED Director will inform the Operator that a hearing has been scheduled before the Hearing Officer to determine if there is a violation of the 1041 WOGLA Permit and/or any associated Weld County issued permits or agreements. The Operator shall have the right to participate and present information at the hearing.
A. OGED process for violation hearing before the Hearing Officer.
1. – No change.
2. Prepare staff comments addressing all aspects of the proposed violation or non-conformance with the Weld County Code and/or the Development Standards contained in Division 4 of this Article V or the Hearing Officer’s final order or any associated Weld County issued permits or agreements. Such comments shall be provided to the Hearing Officer for consideration of evidence in the hearing.
3. The Hearing Officer shall hold a hearing to determine if the Operator of the Location has failed to comply with the terms of the 1041 WOGLA Permit, the COAs, and/or the Development Standards set forth in this Article V or any associated Weld County issued permits or agreements. Upon such a finding, the Hearing Officer may suspend or revoke the 1041 WOGLA Permit, and order the Operator to cease the use of the Facility immediately. In lieu of suspension or revocation, the Hearing Officer may order the Operator to submit a compliance plan and set a timeframe for return to present evidence of compliance or develop an alternative course of action which may be deemed appropriate due to the specific violation(s).
4. If the Hearing Officer finds the Operator in violation of the terms of the 1041 WOGLA Permit, the COAs, and/or the Development Standards set forth in this Article V or any associated Weld County issued permits or agreements, he or she may also assess fees to the Operator, pursuant to Appendix 5-D of the Weld County Code, as further described in Section 21-5-468.
5. – No change.
Amend Sec. 21-5-404. Visual impact mitigation, to read as follows:
Production Facilities, regardless of construction date, observable from any public roadway shall be painted with uniform, non-contrasting, non-reflective color tones (similar to the Munsell Soil Color Coding System), and with colors matched to, but slightly darker than, the surrounding landscape.
When Locations encroach upon urban development enhanced visual mitigation may be necessary. Weld County may require Operators to install mitigation to visually screen the Location from the general public in addition to the paint color requirements described above.
Remainder of Section – No change.
Amend Sec. 21-5-416. Noise, to read as follows:
As part of the application for a 1041 WOGLA Permit, an Operator shall describe noise mitigation measures that demonstrates their capability to meet the maximum permissible noise levels as described in this Section 21-5-416.A.
A. – No change.
Table 416 A.1 – No change.
1. through 9. – No change.
B. To demonstrate compliance with the standards set forth in Section 21-5-416.A, sound levels shall be measured according to the following standards:
1. Pursuant to both A-scale and C-scale complaint:
a. Sound level measurements shall be taken twenty-five (25) feet from the exterior wall of the impacted BU, or at a location determined to be sufficient in obtaining representative noise levels as approved by the OGED Director.
Remainder of Section – No change.
Amend Sec. 21-5-438. Setbacks, to read as follows:
A. General Requirements.
1. At the time of initial drilling, a Well shall be located not less than two hundred (200) feet from a surface property line, existing buildings, the current or future Right-of-Way line of public roads, railroads, or above ground utility lines. The setback from above-ground utility lines is intended solely for safety and risk mitigation and does not apply to utility infrastructure that is owned, operated, used, or installed by the Operator and directly used for the implementation or compliance with the approved 1041 WOGLA Permit.
2. through 4. – No change.
B. Building Unit. Location shall be located a minimum of five hundred (500) feet from Building Units, excluding any like kind energy infrastructure operations. For an exception from the Building Unit setback, the Operator may submit a waiver from each Building Unit owner and/or tenant within five hundred (500) feet of the proposed Location to be approved by the Hearing Officer. Alternatively, the Hearing Officer may approve an exception by determining that potential locations outside the 500-foot setback are technically infeasible or economically impracticable and sufficient mitigation measures including, but not limited to, those BMPs listed in Section 21-5-440, shall be employed to protect public health, safety and welfare.
Remainder of Section – No change.
Amend Sec. 21-5-446. Stormwater management, to read as follows:
As part of the application for a 1041 WOGLA Permit, an Operator shall provide proof of a valid stormwater discharge permit issued by CDPHE. Additionally, the Operator shall submit a drainage letter that addresses water quality in addition to a stormwater management option described below or an approved exception, pursuant to Chapter 8, Article XI of this Code. Additional requirements for Municipal Separate Storm Sewer System (MS4) areas may be applicable pursuant to Chapter 8, Article IX of this Code.
A. Drainage letter minimum criteria. In addition to water quality criteria, the drainage letter shall include hydrologic and hydraulic calculations documenting on-site impacts as well as any potential impacts to adjacent properties, irrigation canals, ditches and/or infrastructure. Based on the calculations provided in the drainage letter, the project site’s location and topography in relationship to urbanized/developed areas, downstream infrastructure, and other constraints, Weld County engineering staff will determine the need for any additional drainage and stormwater mitigation.
B. Stormwater management options. The following standards shall only apply to the development of oil and gas exploration and production in the Weld Mineral Resource (Oil and Gas) Area, and shall be supported by calculations signed and stamped by a Colorado Licensed Professional Engineer and accepted by the Weld County engineering staff. Detention/retention requirements will be applied where surface impacts are identified, unless the Operator has obtained a waiver from the impacted adjacent landowners, stakeholders, agencies, etc. utilizing the Weld County approved waiver form which may be used in place of detention/retention requirements. Stormwater management measures will be based on site-specific conditions, alternatives to the options below may be considered when unique circumstances arise.
1. Documentation and waiver of impacts. Operators shall provide proof through calculations that the Location creates no impacts to any adjacent landowner, stakeholder, agency, etc. Impacts shall mean any flow which leaves the property in a manner or quantity different than historic flows. In lieu of utilizing an approved method of detention/retention, as described below, Operators may submit a Consent, Waiver and Indemnification on a form supplied by Weld County, signed by all owners of adjacent properties who, because of the topography of the Location and lands adjacent thereto, will be accepting stormwater flowing from the Location, that waives the owner’s rights to collect compensation for any and all injuries or damage sustained by them which is caused by such stormwater, and that specifically indemnifies the Operator and “Weld County, the Board of County Commissioners of Weld County, its officers and employees,” from any and all liability associated with or resulting from the owner’s acceptance of said stormwater. If a Consent, Waiver and Indemnification is not signed by any impacted owner and/or accepted by Weld County engineering staff, then an approved method of detention/retention described below shall be utilized.
2. Detention pond. In non-urbanizing areas during the Construction Phase, detention ponds shall be sized to store the stormwater runoff generated by the 1-hour, 100-year storm falling on the developed site and release of the detained water at the historic runoff rate of the 1-hour, 10-year storm falling on the undeveloped site or at five (5) cubic feet per second, whichever is greater. Historic is defined as an undeveloped site (before any development) with an assumed 2.0% imperviousness maximum. During the Production Phase or in urbanizing areas, detention ponds shall adhere to Section 8-11-100.A.1. of this Code.
3. Retention pond. Retention facilities shall be allowed without a variance only during the Construction Phase. Retention facilities that are proposed for the Production Phase require the issuance of a variance requested by the Applicant and accepted by the Weld County engineering staff. Retention ponds shall have sufficient area to allow infiltration to occur within the time frames specified in C.R.S. 37-92-602 (8). An emergency spillway must also be provided per the above requirements.
4. Use of pad as detention/retention. This detention/retention option is the preferred method for Facilities because of the reduced land disturbance and shall be designed per Chapter 8, Article XI of this Code.
a. through b. – No change.
C. The following criteria shall only apply specifically to the development of oil and gas exploration and production in the Weld Mineral Resource (Oil and Gas) Area:
1. Secondary containment. When calculating the Location imperviousness and pervious areas, secondary containment areas may be excluded from the total site imperviousness and pervious calculations provided that the secondary containment area is appropriately sized to hold the originally designed safety containment volumes plus the 100-year storm rainfall.
2. Emergency spillway. To prevent damage to downstream infrastructure (roads, roadside ditches, bridges, culverts, etc.) and adjacent properties, a cutoff wall is required on all privately maintained detention ponds and retention ponds. The cutoff wall permanently defines the emergency spillway opening. The emergency spillway elevation must be tied back into the top of the embankment using a maximum slope of 4:1. The cutoff wall shall extend a minimum of five (5) feet into the embankment on each side of the emergency spillway opening. Below is a list of acceptable cut-off wall options:
a. Concrete cut-off walls adhering to Section 8-11-100.A.7 of this Code.
b. Steel sheet pile cut-off walls comprised of hot dipped galvanized steel, designation PZ-22 or SZ-22, extending a minimum of three (3) feet below the bottom of the pond, downstream ground elevation, or per manufacturer’s recommendation, whichever is greater. If steel sheet pile is proposed for the cut-off wall, the native soils must be tested for sulfate levels. If the sulfate levels are greater than 1.0%, the sheet pile shall be coated with a corrosion resistant epoxy.
c. Articulating block may be used as an overflow weir. The block shall cover the earthen berm on both sides, a minimum of three (3) feet below the toe of slope. The open cells of the block shall be seeded per manufacturer’s recommendations.
3. Outlet Structure. Detention ponds may be designed with a concrete outlet structure or utilizing a PVC pipe with water quality and pond release.
a. Concrete outlet structures shall be constructed as specified in Section 5.10.2.3., of Appendix 8-Q, of this Code.
b. PVC pipe used for pond outlet and standpipe shall be C900 PVC material.
c. The minimum detention pond outlet pipe size is 12-inches in diameter (or equivalent). Orifice/restrictor plates may be required to reduce flows from the minimum pipe sizes.
d. Provide a 90-degree bend at the upstream end of the horizontal discharge pipe. An orifice(s) to be drilled into the side, below the WQCV elevation for the water quality release. Provide a waterproof plug/cap into top of 90-degree bend. An orifice for pond release to be drilled into the top of the plug or into side of bend (above WQCV elevation). Provide one tee post on each side of the vertical portion of the 90-degree bend, wire/strap bend to tee posts.
Amend Sec. 21-5-452. General operating requirements regarding Wildlife Resources, to read as follows:
Subject to exception by the OGED Director for site specific reasons and BMPs, the operating requirements identified below shall apply in all areas.
A. To Minimize Adverse Impacts to Wildlife Resources, Operators shall plan new transportation networks and new Facilities to minimize surface disturbance and the number and length of oil and gas roads and utilize common roads, rights-of-way, and access points to the extent practicable, consistent with these rules, an Operator's operational requirements, and any requirements imposed by federal and state land management agencies, Weld County's regulations, and SUAs and other Surface Owner requirements, and taking into account cost effectiveness and technical feasibility.
B. Establish new staging, refueling, and Chemical storage areas outside of riparian corridors, Wetlands, surface Waters of the State and Floodplains.
C. Use minimum practical construction widths for new rights-of-way where Pipelines cross riparian corridors, Wetlands, surface Waters of the State and Floodplains.
Amend Sec. 21-5-460. Site preparation and stabilization.
A. through C. – No change.
D. Surface disturbance minimization.
1. – No change.
2. Operators shall avoid or Minimize Adverse Impacts to riparian corridors, Wetlands, surface Waters of the State and Floodplains to the degree practicable.
3. – No change.
4. Access roads. Existing roads shall be used to the greatest extent practicable to minimize erosion and minimize the land area devoted to Oil and Gas Operations. Roadbeds shall be engineered to avoid or Minimize Adverse Impacts to riparian corridors, Wetlands, surface Waters of the State and Floodplains to the extent practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be designed and constructed to allow fish passage, where practicable and appropriate. Where feasible and practicable, Operators are encouraged to share access roads in developing a Field. Where feasible and practicable, roads shall be routed to complement other Land Usage. To the greatest extent practicable, all vehicles used by the Operator, contractors, and other parties associated with the Well shall not travel outside of the access road boundary. Repeated or flagrant instance(s) of failure to restrict lease access to lease roads which result in unreasonable land damage or crop losses shall subject the 1041 WOGLA Permit to suspension or revocation by the 1041 WOGLA Hearing Officer pursuant to Section 21-5-370.
Amend Sec. 21-5-468. Fees, to read as follows:
The OGED Director shall utilize Appendix 5-D when assessing fees pursuant to Chapter 21, Article 5.
Failure to comply with any items contained in the approved 1041 WOGLA Permit final order, the Conditions of Approval, the Development Standards contained herein or any associated Weld County issued permits and agreements shall be subject to a financial fee, assessed daily from the date of notification by the OGED Director, pursuant to Appendix 5-D of the Weld County Code. The OGED Director shall also utilize Appendix 5-D when assessing fees due to enforcement actions.
Amend title of Article VI - Regulations for Pipelines - Petroleum Products in the Unincorporated Area of Weld County (Division 1).
Amend Sec. 21-6-10. Definitions, as follows:
The following terms specific to the designation of site selection and construction of Pipelines - Petroleum Products shall be construed to have the meanings set forth as follows:
Delete Applicant.
Delete Application.
Delete Authority Having Jurisdiction.
Delete Best Management Practices (BMPS).
Delete Board of County Commissioners.
Delete CDPHE.
Delete Construction Phase.
Delete CPW.
Delete Crop Land.
Delete Floodplain.
Delete High Priority Habitat.
Delete LAP Permit.
Delete Local Government.
Delete Minimize Adverse Impacts.
Delete Non-Crop Land.
Delete Operation and Maintenance Phase.
Operator: means any person who exercises the right to control the conduct of pipelines - petroleum products.
Delete Overlay Zoning Districts.
Delete Pipeline Routes.
Delete Reclamation.
Delete Reference Area.
Delete Sundry Form.
Delete Surface Owner.
Delete Weed.
Delete Wildlife Resources.
Amend Sec. 21-6-20. Applicability and general rules, to read as follows:
A. Beginning October 1, 2025, construction of a Pipeline – Petroleum Products is a Use by Right in all zone districts. No permit is required for the construction or modification of any Pipeline.
B. No new Pipeline – Petroleum Products may be constructed without an approved Emergency Action Plan (“EAP”) on file with the Weld County Office of Emergency Management (“OEM”).
C. The County may not issue a building permit or Right-of-Way use permit for a Pipeline – Petroleum Products without the Operator having an approved Emergency Action Plan on file with OEM.
D. Beginning October 1, 2018, all easements obtained for a Pipeline shall be located outside the existing and future road right-of-way as depicted on the Weld County Functional Classification Map, except at approved right-of-way crossings. A Pipeline permitted after February 1, 2019, which is erroneously located within an easement obtained on or after October 1, 2018, and within an existing and/or future right-of-way, shall be moved at the expense of the Operator upon receipt of notice by Weld County of its intent to improve or construct a roadway within the right-of-way.
Amend title of Sec. 21-6-30. Relationship of Pipeline – Petroleum Products regulations to other county, state, and federal requirements, to read as follows:
A. Nothing in these Pipeline – Petroleum Products Regulations shall be construed as exempting an Operator from any other requirements and/or permits of this County including but not limited to Right-of-Way Use Permits, MS4 Permits, Access Permits, or Flood Hazard Development Permits.
Amend title of Sec. 21-6-40. Operator registration and notification, to read as follows:
Prior to construction or operation of a Pipeline – Petroleum Products, an Operator shall submit an Operator Registration form to the OGED Director, on the form provided by the OGED. Operator Registration Forms shall be updated and submitted to the OGED Director annually, within the month of January. Within sixty (60) days of any ownership changes due to sales, mergers, or acquisitions, a new Operator Registration Form shall be submitted to the OGED Director.
All persons or entities desiring to locate, construct, expand or operate a Pipeline shall have a valid Operator Registration Form on file with OGED.
Add Sec. 21-6-50. Emergency Action Plan.
An Operator shall complete an Emergency Action Plan on the template provided by OEM. OEM will consult with the local fire district on behalf of the Operator.
Add Sec. 21-6-60. Spills and Releases.
Operators shall maintain a Spill prevention plan for each project with measures to adequately protect any and all critical receptors, in compliance with local, state and federal regulations. If required, the Operator shall remain in compliance with the requirements of US EPA Spill Prevention, Control, and Countermeasure Plan (SPCC).
Operators shall notify the Weld County Office of Emergency Management of the occurrence of Spills and Releases, as required by the terms of the approved Weld County Emergency Action Plan.
Prior to conducting remediation work on a Spill or Release within or impacting the County ROW, Operators shall contact the Department of Public Works to determine if any permits maybe necessary.
Add Sec. 21-6-70. Fees.
An Operator who fails to comply with the registration and notification requirements contained herein, or fails to have an approved Emergency Action Plan on file with the Office of Emergency Management, shall be subject to a financial fee, assessed daily from the date of notification by the OGED Director, pursuant to Appendix 5-D of the Weld County Code. The OGED Director shall utilize Appendix 5-D when assessing fees due to enforcement actions.
Delete Article VI - Regulations for Location Assessment for Pipelines - Petroleum Products in the Unincorporated Area of Weld County (Divisions 2 and 3), in their entirety.
Delete Pending Ordinance Doctrine request.