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AN ORDINANCE ENACTING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF OIL AND GAS PERMITS AND OTHER LAND USE APPLICATIONS RELATED TO THE USE OF PROPERTY FOR EXPLORATION FOR AND EXTRACTION OF OIL AND GAS WITHIN THE CITY OF COMMERCE CITY, COLORADO
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Summary and Background Information: Local governments throughout Colorado are struggling to address the potential adverse impacts of proliferating oil and gas exploration and extraction uses in urban and suburban environments on their citizens’ health, safety, and welfare, their communities, and their public infrastructure. On May 21, 2018, the City Council voted to direct staff to prepare an ordinance for consideration at the June 4 regular meeting to impose a 6-month moratorium on oil and gas development in Commerce City.
Authority & Existing Regulation: Commerce City, as a home rule municipality, has broad authority to exercise zoning and police powers to promote and protect the health, safety, and welfare of the community and its citizens, including with respect to oil and gas exploration and extraction activities and land uses. Through Ordinance 1891, Commerce City enacted regulations relating Oil and Gas Permits and Subsurface Extraction in 2012, which regulations were codified primarily at Section 21-3216 and 21-5266 of the Land Development Code. All subsurface extraction activities in the city require an Oil and Gas Permit. Commerce City also has established generally applicable regulations relating to zoning and land use, building safety, nuisances, streets and public rights-of-way, storm drainage, and motor vehicles and traffic.
Oil and gas development, production, and utilization is also regulated by the State of Colorado through by the Department of Natural Resources, Oil and Gas Conservation Commission (“COGCC”) under the authority of the Oil and Gas Conservation Act, C.R.S. §§ 34-60-101 et seq. (“Act”). The COGCC has implemented regulations, 2 C.C.R. 404-1, ...
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