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AN ORDINANCE AMENDING SECTIONS 21-3200, 21-3425, 21-3216 AND 21-5266 OF THE LAND DEVELOPMENT CODE OF THE CITY OF COMMERCE CITY RELATING TO THE OIL AND GAS PERMITS AND SUBSURFACE EXTRACTION REQUIREMENTS AND RELATED PROCEDURAL MATTERS
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Summary and Background Information:
Local governments throughout Colorado are seeking 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.
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 to 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 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, amended effective May 1, 2018, and 2 C.C.R. 404-3, amended effective August 21, 2009.
Recent Developments: Since March 1, 2018, Commerce City has been notified of approximately numerous discrete applications to the COGCC relating to proposed oil and gas de...
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