(1) Except as expressly provided in section 29-20-104.5, the power and authority granted by this section does not limit any power or authority presently exercised or previously granted. Each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by:
Regulating development and activities in hazardous areas;
Protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species;
Preserving areas of historical and archaeological importance;
Regulating, with respect to the establishment of, roads on public lands administeredby the federal government; this authority includes authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477) but does not include authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized for mining claim purposes by 30 U.S.C. 21 et seq., or under any specific permit or lease granted by the federal government;
Regulating the location of activities and developments which may result in significant changes in population density;
Providing for phased development of services and facilities;
Regulating the use of land on the basis of the impact of the use on the community orsurrounding areas;
Regulating the surface impacts of oil and gas operations in a reasonable manner toaddress matters specified in this subsection (1)(h) and to protect and minimize adverse impacts to public health, safety, and welfare and the environment. Nothing in this subsection (1)(h) is intended to alter, expand, or diminish the authority of local governments to regulate air quality under section 25-7-128. For purposes of this subsection (1)(h), "minimize adverse impacts" means, 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 extent and severity of those impacts that cannot be avoided. The following matters are covered by this subsection (1)(h):
Land use;
The location and siting of oil and gas facilities and oil and gas locations, as thoseterms are defined in section 34-60-103 (6.2) and (6.4);
Impacts to public facilities and services;
Water quality and source, noise, vibration, odor, light, dust, air emissions and airquality, land disturbance, reclamation procedures, cultural resources, emergency preparedness and coordination with first responders, security, and traffic and transportation impacts;
Financial securities, indemnification, and insurance as appropriate to ensure compliance with the regulations of the local government; and
All other nuisance-type effects of oil and gas development; and
(i) Otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights.
(2) To implement the powers and authority granted in subsection (1)(h) of this section, a local government within its respective jurisdiction has the authority to:
Inspect all facilities subject to local government regulation;
Impose fines for leaks, spills, and emissions; and
Impose fees on operators or owners to cover the reasonably foreseeable direct andindirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and to enforce local governmental requirements.
(3) (a) To provide a local government with technical expertise regarding whether a preliminary or final determination of the location of an oil and gas facility or oil and gas location within its respective jurisdiction could affect oil and gas resource recovery:
Once an operator, as defined in section 34-60-103 (6.8), files an application for thelocation and siting of an oil and gas facility or oil and gas location and the local government has made either a preliminary or final determination regarding the application, the local government having land use jurisdiction may ask the director of the oil and gas conservation commission pursuant to section 34-60-104.5 (3) to appoint a technical review board to conduct a technical review of the preliminary or final determination and issue a report that contains the board's conclusions.
Once a local government has made a final determination regarding an applicationspecified in subsection (3)(a)(I) of this section or if the local government has not made a final determination on an application within two hundred ten days after filing by the operator, the operator may ask the director of the oil and gas conservation commission pursuant to section 3460-104.5 (3) to appoint a technical review board to conduct a technical review of the final determination and issue a report that contains the board's conclusions.
A local government may finalize its preliminary determination without any changesbased on the technical review report, finalize its preliminary determination with changes based on the report, or reconsider or do nothing with regard to its already finalized determination.
If an applicant or local government requests a technical review pursuant to subsection (3)(a) of this section, the period to appeal a local government's determination pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure is tolled until the report specified in subsection (3)(a) of this section has been issued, and the applicant is afforded the full period to appeal thereafter.
Source: L. 74: Entire article added, p. 353, § 1, effective May 17. L. 2001, 2nd Ex. Sess.: IP(1) amended, p. 28, § 3, effective November 6. L. 2019: IP(1), (1)(g), and (1)(h) amended and (1)(i), (2), and (3) added, (SB 19-181), ch. 120, p. 503, § 4, effective April 16.
Editor's note: 43 U.S.C. 932, as referenced in subsection (1)(d), was repealed in 1976 by section 706 (a) of Pub.L. 94-579, but said repeal does not terminate any land use right or authorization existing prior to the repeal. See section 701 (a) of Pub.L. 94-579.