File #: Ord 2266    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 8/3/2020 In control: City Council
On agenda: 3/15/2021 Final action: 3/15/2021
Title: AN ORDINANCE RELATING TO THE REGULATION AND ENFORCEMENT OF OIL AND GAS DEVELOPMENT BY AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE, INCLUDING SECTION 3-2304 AND ARTICLES III, V, VI, AND XI OF THE COMMERCE CITY LAND DEVELOPMENT CODE, REPEALING AND RESERVING SECTION 21-3216 OF THE LAND DEVELOPMENT CODE, ENACTING A NEW SECTION 21-3235 OF THE LAND DEVELOPMENT CODE, APPROVING AND IMPLEMENTING A BEST MANAGEMENT PRACTICES DOCUMENT, AND ESTABLISHING RELATED PENALTIES AND PROCEDURES
Attachments: 1. Council Communication (Second Reading), 2. Ord 2266 (Approved on First Reading), 3. Council Communication (First Reading), 4. Ord 2266 (Pre-Amended First Reading), 5. Minor Staff Changes (Pre-Amended First Reading), 6. PASSED 2/11/21 - Proposed Amendment 1 to Ordinance 2266 (School Facility Setback), 7. PASSED 2/11/21 - Proposed Amendment 2 to Ordinance 2266 (Noise Regulation), 8. PASSED 2/11/21 - Proposed Amendment 3 to Ordinance 2266 (Community Outreach), 9. PASSED 2/11/21 - Proposed Amendment 4 to Ordinance 2266 (Location Pictures - Reclamation), 10. NOT PASSED 2/11/21 - Proposed Amendment 5 to Ordinance 2266 (PC Recommendation of Revised Exhibit G), 11. NOT INTRODUCED Council Member Noble Proposed Amendment 1 (First Reading) - Setbacks, 12. NOT INTRODUCED Council Member Noble Proposed Amendment 2 (First Reading) - Setback from Plugged and Abandoned Wells, 13. Redline Exhibits (A,B,C,D,E,F,H) (as proposed), 14. Staff Report PC, 15. Planning Commission Letter - Findings of Fact, 16. Presentation ORD 2266, 17. Overview of Changes – Oil and Gas LDC Updates from November 2019 to January 2021, 18. Resources - Publications Reviewed, 19. Written Comments (First Reading) - Received as of 2/11/2021, 20. Written Comments (Second Reading) - Received as of 3/15/2021, 21. Council Member Noble Proposed Amendment 1 (Second Reading) - Setbacks, 22. Council Member Noble Proposed Amendment 2 (Second Reading) - Setback from P&A Wells, 23. Council Member Noble Proposed Amendment 3 (Second Reading) - Financial Assurance Reductions and Releases, 24. Council Member Noble Supplemental Materials, 25. Master
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
3/15/20211 City Council approved on second & final readingPass Action details Meeting details Not available
2/11/20211 City Council introduced by council as seated and approved on first readingPass Action details Meeting details Not available
Title
AN ORDINANCE RELATING TO THE REGULATION AND ENFORCEMENT OF OIL AND GAS DEVELOPMENT BY AMENDING THE COMMERCE CITY REVISED MUNICIPAL CODE, INCLUDING SECTION 3-2304 AND ARTICLES III, V, VI, AND XI OF THE COMMERCE CITY LAND DEVELOPMENT CODE, REPEALING AND RESERVING SECTION 21-3216 OF THE LAND DEVELOPMENT CODE, ENACTING A NEW SECTION 21-3235 OF THE LAND DEVELOPMENT CODE, APPROVING AND IMPLEMENTING A BEST MANAGEMENT PRACTICES DOCUMENT, AND ESTABLISHING RELATED PENALTIES AND PROCEDURES

Body
Summary and Background Information:
In 2012, Commerce City adopted its current set of Oil and Gas regulations, which require any potential operators to obtain an Oil and Gas Permit, and execute an Extraction Agreement. Since of the adoption of these rules, the landscape of oil and gas regulation at the state level has increased significantly. Since 2012, the Colorado Oil and Gas Conservation Commission (COGCC) has conducted a number of rulemaking procedures, which have modified requirements such as school setbacks, flowline regulations, spill reporting, and many other items. Enacted on April 16, 2019, SB19-181 substantially modified the Oil and Gas Conservation Act, C.R.S. §§ 34-60-101 et seq. and related case law, including clarifying the land use and police power authority of local governments, overriding or limiting the effect of recent court rulings, and restructuring the mission, purpose, and authority of the COGCC and its current rules. SB19-181 granted explicit authority to local governments to regulate the surface impacts of oil and gas operations in a reasonable manner to address certain matters and to protect and minimize adverse impacts to public health, safety, and welfare and the environment. See C.R.S. 29-20-104(h) (also defining “minimize adverse impacts” to mean “to the extent necessary and reasonable, to protect public health, safety, and welfare and the environment by avoiding adverse impacts from oil and gas operations and minimizing and mitigating the e...

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