Planning Commission Agenda and Packet 2019 09 12

Home Browse Search

• Emergency preparedness • Security • Traffic and transportation impacts • Financial securities, indemnification, and insurance • Other "nuisance type effects" of oil and gas development In order to implement the above authority, SB 181 authorizes local governments to inspect all oil and gas facilities; impose fines for leaks, spills, and emissions; and impose fees on operators or owners to cover the reasonably foreseeable direct and indirect costs of permitting and regulation. Since the passage of the legislation, the Colorado Oil and Gas Conservation Commission (COGCC) has initiated rulemaking proceedings that will incorporate the input of local government delegates from municipalities across the state. The City of Louisville oil and gas designee, Director of Planning and Building Safety Rob Zuccaro, has been tracking this process. Within Louisville, the Louisville Municipal Code Chapter 17.68 regulates oil and gas. The oil and gas code was last updated in 1995 and changed the ordinance to allow oil and gas activities in all zone districts through a Special Review Use, rather than limit such activity to the Agricultural zone district only, which was then required by law. Regulatory requirements include considerations for location and setback, noise, visual impacts, and wildlife along with several other items, including: • Setbacks of 350 ft. from occupied buildings and 75 ft. from rights -of -way • Noise mitigation and acoustic insulation requirements and maximum noise levels per current state statute • Venting requirements away from occupied buildings • Drainage and erosion control plans • Locational requirements to mitigate the visual impacts such as locating away from prominent natural features and away from hilltops and ridges • Use of uniform non -contrasting or reflective colors for equipment and screening • Access road construction standards to limit dust and address drainage issues • Wildlife impact mitigation in coordination with the Colorado Division of Wildlife The current City code does not address all of the regulatory authorities now available to local governments to protect the health, safety, welfare and environment within the City. The permitting process for operators was also changed by SB 181. Previously, operators would apply to the COGCC for a permit to drill a well before applying for any local approvals, such as the Special Review Use required by the City of Louisville. Now, if the local government has requirements for the location and siting of a proposed well, the operator must first apply to the local government and receive either a preliminary or final determination regarding the location and siting application before applying to the Oil and Gas Operator Registration Page 2 of 3 PC — September 12, 2019 7