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. A public hearing and final reading were completed on September 22, 2025, with changes being made as listed below, and on motion duly made and seconded, was adopted. The effective date of said Ordinance is listed below.
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
Effective Date: October 1, 2025
Board of County Commissioners
Weld County, Colorado
Dated: September 24, 2025
Published: September 26, 2025, in the Greeley Tribune
Changes Made to Code Ordinance 2025-12 on Final Reading
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. through B.5 – No change.
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.
Weld County will accept substantially equivalent waste management plans as accepted by the ECMC.
C.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.
Weld County will accept substantially equivalent reclamation plans as accepted by the ECMC.
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.
Weld County will accept substantially equivalent dust mitigation plans as accepted by the ECMC.
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.
Weld County will accept substantially equivalent odor mitigation plans as accepted by the ECMC.
6. through 7. – No change.
D.1 through D.7 and subsequent sections – No change.
Additional information may be required by the OGED Director, resulting from consultation with referral agencies, and/or the public.
Amend Sec. 21-5-350. Required notification of operations, 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. Construction notice. The Operator is required to provide written notice to the OGED Director two (2) weeks prior to beginning the Construction Phase of the Location. This notice satisfies the notification requirements of the Road Maintenance Agreement, the Access Permit, the Emergency Action Plan, and the Grading Permit.
b. Post-construction notice. The Operator is required to provide written 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 Access Permit and the Grading Permit.
c. Spud notice. At least 48 hours prior to any drilling rig mobilization onto the Location, the Operator shall provide written notice of such activity to the OGED Director. Should the Operator preset surface casing, this may require more than one notification. This notification satisfies the requirements outlined in the Emergency Action Plan.
d. Completions notice. At least one (1) week prior to commencement of Completions activity on a Location, the Operator shall provide written notice of such activity to the OGED Director. This notification will meet the requirements outlined in the Emergency Action Plan.
e. Turn-in-Line notice. The Operator is required to provide written notice to the OGED Director within two (2) weeks of a Well or facility being turned to sales. Operators should include the drawings and certification letter stamped and signed by a Professional Engineer registered in the State of Colorado for any equipment requiring an engineered foundation. This notification satisfies the notification requirements of the Road Maintenance Agreement and the Emergency Action Plan.
2. Production Phase and Reclamation notices. The Operator is required to provide notice in a manner approved by the OGED Director for the following:
a. Interim Reclamation post-construction notice. The Operator is required to provide written notice to the OGED Director within two (2) weeks pursuant to the requirements of Section 21-5-464.B, documenting that surface disturbing activities associated with interim Reclamation have been finalized. This notice satisfies the notification requirement of the Grading Permit.
b. Interim Reclamation revegetation notice. When established the Operator is required to provide written notice to the OGED Director pursuant to the requirements of Section 21-5-464.D, documenting the successful revegetation of the interim Reclamation area. This notice satisfies the notification requirement of the Grading Permit.
c. Routine maintenance notice. At least 48 hours prior, the Operator shall provide written notice to the OGED Director for any routine maintenance such as refracs, recompletions, routine Well Site operations, normal repairs and maintenance of an existing Facility, like kind replacement of equipment, setting Temporary equipment, and repairs or maintenance of a Facility as required by a county, state, or federal compliance order.
d. Final abandonment notice. The Operator is required to provide written notice to the OGED Director at least one (1) week prior to plugging the final Well on a Location or final decommissioning of a Facility. This notice will begin the final Reclamation requirements outlined in Section 21-5-466.
e. Final Reclamation release request. The Operator must submit a written release request to the OGED Director as outlined in Section 21-5-466.E, documenting the completion of the final Reclamation. Upon acceptance the Operator shall then be released of any further obligations on the Location. This notice satisfies the notification requirement of the Grading Permit.
Remainder of Section – No change.