Written by Chloe Marie – Research Specialist
On April 16, 2019, Colorado Governor Jared Polis signed Senate Bill No. 19-181 into law, increasing the focus on environmental and public health
concerns in the oil and gas governance process in Colorado. Among other things,
the legislation mandates that the Colorado Oil and Gas Conservation Commission
develop and promulgate a number of rules to ensure that development takes place
in a manner that is consistent with the Commission’s primary interest to
protect people, wildlife, and the environment from the impacts of oil and gas activities.
In addition, the legislation increases the authority of local governments to control
oil and gas development projects, generally independent from the Commission
regardless of whether these projects may have statewide impacts.
The passage of SB 19-181 triggered a wave of action by local governments
throughout the state of Colorado to prohibit oil and gas operations. This
article will provide an overview of such moratoria that were adopted in Boulder
and Adams Counties; the cities of Lafayette and Broomfield; and the towns of
Superior, Erie, Berthoud, and Timnath.
Boulder County Oil and Gas Moratorium on New Oil and Gas Development Applications
On July 16, 2019, the Board of County Commissioners approved a temporary moratorium on new oil and gas development applications and seismic testing
operations in Boulder County. This action followed an emergency temporary moratorium that had been enacted on June 28, 2019. The stated
reason behind the implementation of the temporary moratorium is that it will
allow additional time for the county staff to research and prepare an amendment
to Article 12 of the Land Use Code, Special Review for
Oil and Gas Operations. The desire to
amend the land use requirements was precipitated by the enactment of Senate
Bill No. 19-181 which increased the authority of local governments over the
siting and surface impacts of oil and gas development projects.
In the moratorium, the county commissioners declared that it was
“inconsistent with the Board’s responsibilities to protect the local
environment and population of the County to accept, process and review
applications for new oil and gas development in a piecemeal fashion while it is
developing amendments to applicable portions of the Code based on recent
changes in state law.”
The moratorium prevents the Boulder County Land Use Director from
accepting or processing any new oil and gas development applications or holding
any conferences under Article 12 of the Land Use Code. It does specify,
however, that the Director “may process and approve requests for maintenance
and repair of existing oil and gas operation under Article 12-900.E.” In
addition, the moratorium prohibits seismic testing operations for oil and gas
in Boulder County. The temporary moratorium is to remain in effect until at
least March 28, 2020.
Town of Superior Oil and Gas Moratorium on Oil and Gas Development
Projects
On July 8, 2019, the Board of Trustees of the Town of Superior adopted
an emergency ordinance extending a prior moratorium on the acceptance, processing, and approval of land use applications
for oil and gas development. The extended moratorium will now run through April
13, 2020.
The extension of the moratorium gives the Board of Trustees more time to
prepare appropriate and comprehensive changes to the current regulations
concerning oil and gas activities in light of SB 19-181. According to the
Board, “This Ordinance is deemed necessary for the protection of the public
health, safety and welfare.”
Town of Erie Oil and Gas Moratorium on New Oil and Gas Applications
On June 25, 2019, the Erie Board of Trustees passed Ordinance No. 19-301 to approve the extension of the moratorium on the acceptance,
processing, and approval of any applications for oil and gas development
projects in the Town of Erie. The moratorium previously had been set to expire
on August 13, 2019, but it will now be in place until January 28, 2020. The
Ordinance states that “the Town needs time to analyze its regulatory authority
under SB 19-181, draft amendments to its oil and gas or other land use
regulations, receive and process public input, and revise, finalize, and enact
appropriate regulations.”
City of Broomfield Oil and Gas Moratorium
On May 28, 2019, the Broomfield City Council adopted a 6-month moratorium on processing or approving applications for the operation of oil and
gas wells or facilities within the City and County of Broomfield. According to
the City Council, “In order to develop new regulations to implement SB19-181 in
a thoughtful manner that provides more clarity and certainty to oil and gas
operators about Broomfield’s requirements without trying to simultaneously
review and process applications to develop oil and gas wells, facilities and
projects, a temporary moratorium on processing such applications is necessary.”
This temporary moratorium is set to be effective until November 14, 2019,
and will not apply to existing or previously approved oil and gas operations.
Town of Berthoud Temporary Administrative Suspension on New Oil and Gas
Permit Applications
On May 14, 2019, the Town of Berthoud Board of Trustees mandated staff
to develop draft oil and gas regulations, and also issued a 180-day administrative
suspension of the consideration of new oil and gas permit applications. The
temporary administrative suspension will expire in November 2019 or once the
Town Board of Trustees adopts new oil and gas regulations.
City of Lafayette Moratorium on Oil and Gas Operations
On May 7, 2019, the Lafayette City Council announced a 6-month extension of the
moratorium on the submission, acceptance, processing, and approval of any land
use applications for oil and gas operations within city boundaries. An initial
moratorium was approved in November 2017 and has been repeatedly extended over
the years. In enacting the most recent extension, the City Council explained
that it “believes that maintaining the existing moratorium is necessary until
such time as Council has had an opportunity to carefully consider, and
potentially enact, new regulations that are intended to protect the City and
its citizens from the negative impacts of oil and gas exploration and
extraction.”
The extended moratorium will run at least through November 2019 as the
Ordinance states that this 6-month period will be the minimum amount of time
needed to complete an appropriate review.
Town of Timnath Administrative Suspension and Consideration of Interim Oil
and Gas Regulations
On April 4, 2019, the Town Council of the Town of Timnath adopted an Ordinance
implementing a 90-day administrative suspension of consideration of oil and gas
permit applications. The Council had previously directed its staff to prepare
draft oil and gas regulations, and with the enactment of SB 19-181, the Council
believes that time is necessary to study the new legislation and any related regulations.
The Town Council did not extend this temporary administrative suspension
but instead, on July 9, 2019, considered interim oil and gas regulations that would apply until such time as new
regulations are adopted by the Colorado Oil and Gas Conservation Commission.
Adams County Moratorium on New Oil and Gas Permit Applications
Anticipating the passage of Senate Bill 19-181 and an accompanying rush
in applications prior to the implementation of the bill, on March 20, 2019, the
Board of County Commissioners for Adams County adopted a temporary moratorium for
new applications for oil and gas development. The Board has “estimate[d] that it will take approximately
six months for County staff to evaluate the implementation of Senate Bill
19-181 and develop oil and gas regulations that meet the needs of the Adams
County community under the applicable law.”
References:
Town of Erie Ordinance No. 19-301, An Ordinance of the
Board of Trustees of the Town of Erie extending the Temporary Moratorium on the
acceptance, processing and approval of any applications under the Unified
Development Code related to oil and gas exploration, extraction and related operations; until
January 28, 2020 to adopt updated regulations as authorized under Senate Bill
19-181
Additional Resources:
This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.
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