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OIL AND GAS REGULATIONS UPDATE

UPDATE: City staff have revised the regulations to include desired changes based on feedback from public comment, the Environmental Advisory Board, the Planning Commission, and City Council.

The changes include:

•    Increased the setback to 2,000 feet from property lines from occupied building units.
•    Changed the approval authority from Planning Commission to City Council.
•    Changed the notification to include tenants of residential and commercial properties.
•    Changed the financial assurances to requiring bonding through the life of the well until abandonment and reclamation.
•    Prohibits drilling on City owned open space, parks, and golf courses.
•    Added regulations for compliance with the Colorado Air Pollution and Prevention Control Act.
•    Added specific variance procedures for well setbacks.

You can watch the 10/27/2020 Planning Commission Presentation here.
You can watch the 11/16/2020 City Council Study Session presentation here.

The City of Westminster is reviewing its existing oil and gas regulations and preparing to update the regulations to meet the City’s best interests. Currently the City does not have any active oil and gas wells. The last active well, near Saint Anthony’s North Hospital Campus, was shut down in 2020. However, there is still potential for drilling within the City’s municipal limits as the City is located within both the Niobrara and Denver Oil and Gas Basins.

In May of 2019, the State Legislature and the Governor amended the Oil and Gas Conservation Act to allow local municipalities to exercise limited regulatory authority over oil and gas facilities within their jurisdiction. The new legislation also changed the mandate of the Colorado Oil and Gas Conservation Commission (COGCC) from a mission of “fostering” oil and gas development to one of “regulating” oil and gas development.   

The City has hired Elizabeth Paranhos of Delone Law Inc. to advise the City in revising its regulations. Ms. Paranhos has worked for many local governments across the State to advise them with oil and gas issues. Most recently, she helped the City and County of Broomfield with their new regulations, adopted in May of 2020. The City is working with the COGCC and Colorado Department of Public Health and Environment (CDPHE) to understand how their new regulations will affect oil and gas operations in the City. The City will also continue to communicate with oil and gas industry trade groups, like the Colorado Oil and Gas Association (COGA), on the revised regulations.

The City encourages citizen participation and actively seeks input from the community on new development regulations. You can provide comments or questions by contacting the City staff at the phone number and email address below.

FACTS

Why update our regulations?

  • The current oil and gas regulations were last adopted in 1997.
  • New technologies, like horizontal drilling, have been developed that the existing regulations do not address.
  • Applications for Oil and Gas Wells, like the ones near Standley lake in late 2018, brought concerns about how future Oil and Gas Wells might affect the community.
  • A new state law, commonly called SB19-181, now allows local governments to regulate oil and gas within their jurisdiction.

How are these new regulations being drafted?

  • The City is looking at surrounding jurisdictions, such as the City and County of Broomfield, Adams County, and Thornton, for examples of best practices.
  • The City has hired a legal consultant to guide the creation of the regulations to ensure that they protect and minimize adverse impacts to public health, safety, and welfare, the environment, and wildlife resources.

ADDITIONAL RESOURCES

To learn more about the regulations of the COGCC and our neighboring communities, please use the links below:

 

STAFF CONTACT

Should you have questions or would like more information, please contact our Staff Contact below:

Jacob P. Kasza, Senior Planner
4800 W. 92nd Avenue
Westminster, Colorado 80031
303-658-2123
jpkasza@westminsterco.gov