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File #: 24-696    Version: 1
Type: Resolution Status: Passed
File created: 11/26/2024 In control: Board of County Commissioners Business Meeting
On agenda: 12/10/2024 Final action: 12/10/2024
Title: Amendment of the Land Development Code to Revise the Existing Oil and Gas Regulations (Phase 2B), Planning Case No. LDC23-005
Attachments: 1. Board Summary Report, 2. Presentation, 3. Attachment 1 - Draft Oil and Gas Regulation Amendments, 4. Attachment 2 - Stakeholder Comments, 5. Attachment 3 - Financial Assurances Research, 6. Attachment 4 - Planning Commission Minutes and Staff Report.pdf, 7. BOCC Meeting Nov. 4, 2024, 8. BOCC Meeting Oct. 29, 2024, 9. Draft Motions, 10. Resolution
To: Board of County Commissioners

Through: Bryan Weimer, Director, Public Works & Development

Prepared By:
prepared
Ava Pecherzewski, Development Review Planning Manager, Public Works & Development
Jason Reynolds, Planning Division Manager, Public Works & Development
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presenter
Presenter: Jason Reynolds, Planning Division Manager, Public Works & Development
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Subject:
title
Amendment of the Land Development Code to Revise the Existing Oil and Gas Regulations (Phase 2B), Planning Case No. LDC23-005
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Purpose and Request:
recommended action
This County-initiated project proposes amending the Land Development Code (LDC), specifically, Section 5-3.6, Use By Special Review, Oil and Gas Facilities. The proposed changes include increased reverse setbacks with an ability to reduce that amount with property owner's informed consent and recorded notice in the chain of title, additional requirements for air and water quality monitoring, disallowing commercial injection wells, the creation of an inspection program and financial assurance and decommissioning requirements.
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Background and Discussion: In October of 2023, the BOCC directed staff to prepare additional amendments to the Oil & Gas Regulations, including:

- Create requirements for financial assurances;
- Include additional requirements for air and water quality monitoring;
- Disallow commercial injection wells;
- Create an inspection program;
- Increase reverse setbacks (setbacks from new development to oil and gas facilities).

Over the first half of 2024, staff conducted research on best practices to determine the appropriate requirements for Arapahoe County. Staff shared draft changes to the regulations with the BOCC in July of 2023 and the Board directed staff to conduct public outreach and seek comments. These Phase 2B regulations focus on site operations and monitoring; with pending applications, it is important to have additional protections in place before drillin...

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