Past Oil & Gas Development Regulations and Information
Boulder County Oil & Gas Regulations and Information From 2012-2017
Colorado Attorney General Lawsuit Against Boulder County (2017)
On May 2, 2017, the Boulder District Court dismissed the lawsuit filed by the Attorney General, as the issues became moot when a moratorium expired May 1, 2017.
- Colorado Attorney General Complaint for Declaratory and Injunctive Relief – Feb. 14, 2017
- Boulder County Response to Lawsuit Filed by the Colorado Attorney General – Feb. 14, 2017
- Motion to Intervene and Complaint from Colorado Oil and Gas Association and American Petroleum Institute – Feb. 24, 2017
- Boulder County Statement and Media Release – Feb. 27, 2017
- Motion to Dismiss State of Colorado’s Complaint for Declaratory and Injunctive Relief – March 7, 2017
- Motion To Dismiss Colorado Oil And Gas Association’s And American Petroleum Institute’s Joint Complaint – March 17, 2017
- Colorado Oil And Gas Association’s And American Petroleum Institute’s Joint Motion For Summary Judgment – March 20, 2017
- The State’s Motion for Summary Judgment – March 20, 2017
- Motion For Extension Of Time To Respond To Colorado Oil And Gas Association’s And American Petroleum Institute’s Joint Motion For Summary Judgment And The State’s Motion For Summary Judgment – March 23, 2017
- Joint Partial Opposition to Boulder’s Motion for Extension of Time – March 24, 2017
- Order re Defendant’s Motion for Extension of Time to Respond to Colorado Oil and Gas Association’s and American Petroleum Institute’s Joint Motion for Summary Judgment and the State’s Motion for Summary Judgment – March 24, 2017
- The State’s Memorandum in Opposition to Boulder’s Motion to Dismiss – March 28, 2017
- Colorado Oil And Gas Association’s And American Petroleum Institute’s Joint Response To Boulder’s Motion To Dismiss – March 30, 2017
- Reply to State’s Memorandum in Opposition to County’s Motion to Dismiss State of Colorado’s Complaint for Declaratory and Injunctive Relief, April 11, 2017
- Reply to COGA/API’S Joint Response to County’s Motion to Dismiss COGA/API’S Joint Complaint, April 13, 2017
- Order Denying Boulder County’s Motion To Dismiss, April 26, 2017
- County’s Unopposed Motion to Dismiss State of Colorado’s Complaint for Declaratory and Injunctive Relief and COGA/API’s Joint Complaint, May 2, 2017
- Order Granting Defendants’ Unopposed Motion to Dismiss State of Colorado’s Complaint for Declaratory and Injunctive Relief and COGA/API’s Joint Complaint, May 2, 2017
Response to Letter from the Colorado Attorney General – Jan. 27, 2017
The Board of County Commissioners received a letter from the Colorado Office of the Attorney General on Jan. 26, 2017. Boulder County responded to the Attorney General’s letter on Jan. 27.
Boulder County is concerned about the potential for significantly expanded oil and gas development within the county, and supports appropriate, tighter restrictions and increased local control to mitigate the impacts of these activities.
County and other local governments in Colorado do not have complete authority to regulate drilling. In order to ensure that the Boulder County Comprehensive Plan and Land Use regulations are as thorough and up-to-date as possible, a temporary moratorium was approved by the Boulder County Commissioners on Feb. 2, 2012, on the processing of the required development plans for local oil and gas permits under County Land Use Code (Resolution 2012-16). On November 13, 2014, the Commissioners voted 3-0 to extend the county’s moratorium on new oil and gas drilling permits in unincorporated Boulder County until July 1, 2018 (Resolution 2014-88). On May 19, 2016, the Commissioners voted to approve Resolution 2016-65, Terminating the Temporary Moratorium First Enacted by Resolution 2012-16, as Extended and Amended by Resolutions 2012-46, 2013-18, 2013-50, 2013-55, 2013-56, 2014-88, and 2015-23, establishing a New Moratorium on Processing Oil and Gas Development Applications until November 18, 2016.
Please see Resolution 2012-142 for the approved oil and gas regulations, and Resolution 2013-49 for approved amendments of those regulations.
Under the current temporary moratorium, if an operator believes certain activity is not subject to the temporary moratorium, the operator must submit a Request for Exemption to the Land Use Director. Work eligible for an administrative exemption from the moratorium may only proceed upon written approval of the Land Use Director. See Resolution 2014-56 and Resolution 2015-23.
Past Review of Oil and Gas Development Regulations
June 28, 2016: Board of County Commissioners hold a public hearing to consider written public comment and decide if the moratorium on the processing of new oil and gas permits effective through November 18, 2016 (adopted May 19, 2016) should be ratified as is, terminated, or otherwise amended. The Commissioners took written testimony only in order to ensure that everyone who is interested in this topic could provide comments in an accessible forum, and to ensure adequate time to consider all comments. The Commissioners voted 3-0 to formally ratify Resolution 2016-65. The hearing was webstreamed and archived.
- Oil/gas development comments received in 2016
- Staff presentation to Board of County Commissioners for June 28, 2016
May 19, 2016: Board of County Commissioners hold a public meeting to rescind the moratorium on the processing of new oil and gas permits effective through July 1, 2018 in light of the recent Colorado Supreme Court decisions, and adopt a new 6-month moratorium effective through November 18, 2016 (Resolution 2016-65) in order for staff to update regulations to address changes over the past three years since they were first adopted.
November 13, 2014: Board of County Commissioners hold a public meeting to consider whether to extend or otherwise amend the temporary moratorium on Boulder County’s processing of applications for oil and gas development in the unincorporated county, which was set to expire on January 1, 2015. The Commissioners voted (3-0) to extend the county’s moratorium on new oil and gas drilling permits in the unincorporated parts of the county to July 1, 2018. This meeting was open to the public but no further public comment was taken. The meeting was webstreamed.
- Staff Presentation for November 13, 2014
- Resolution 2014-88, extending the moratorium until July 1, 2018
November 10, 2014: Board of County Commissioners public hearing at the Plaza Event Center in Longmont to take public input on whether to extend or otherwise amend the current temporary moratorium on Boulder County’s processing of applications for oil and gas development in the unincorporated county, which was set to expire Jan. 1, 2015.
- Staff Report to Board of County Commissioners for November 10, 2014
- Staff Presentation for November 10, 2014
- Oil and gas development public comments received July 1 to 2 p.m. on Nov. 7, 2014
- Oil and gas development public comments received after 2 p.m. on Nov. 7, 2014
- Oil and gas development public comments handed-in or mailed
June 12, 2014: Board of County Commissioners hold a public hearing to receive status update from staff on matters related to the current temporary oil and gas development moratorium. The Board asked staff to bring an amended version of the proposed exemption to the temporary moratorium to request permission to relocate certain of these facilities further away from flood-prone areas to reduce the risks to public health, safety, welfare and the environment, add in site plans, public notice, and relevant provisions of Article 12 and the pipeline regulations. The amended version of the proposed exemption to the moratorium (see Resolution 2014-56) was approved at a Commissioners Business Meeting on June 24, 2014. No action on extending the moratorium (currently in effect until January 1, 2015) was taken at this time, but the Board indicated they will revisit this question in the fall of 2014. The June 12, 2014 hearing was webstreamed and archived .
- Resolution 2015-23 amending the temporary moratorium on processing oil and gas development permits
- Resolution 2014-56 amending the temporary moratorium on processing oil and gas development permits
- DC-12-0003: Staff Report for June 12, 2014
- DC-12-0003: Staff Presentation for June 12, 2014
- Public Comments received by 4 p.m. on June 11, 2014
- Public Comments received after 4 p.m. on June 11, 2014
September 17, 2013: Staff presentation to the Board of County Commissioners to follow-up on the range of tools and responses available to the County to address the impacts of oil and gas operations on air and water quality, including the staffing and programs outlined in Resolution 2013-55 which was adopted on June 18, 2013.
August 27, 2013: Board of County Commissioners hold a Public Meeting and approve a 2013 Budget Adjustment Request in the amount of $81,291 to fund a Boulder County air quality monitoring study assessing volatile organic compounds and cost-effective monitoring techniques associated with oil and gas development.
June 18, 2013: Board of County Commissioners hold a Public Hearing to consider a possible extension of the temporary moratorium on Boulder County’s processing of applications for oil and gas development in the unincorporated County (Resolution 2013-50, adopted 6/6/2013). The Board took action (3-0 vote) to extend the temporary moratorium for 18 months. The Board also tabled indefinitely (3-0 vote) the proposed phasing plan (Docket DC-12-0003: Proposed amendments to Article 12 of the Boulder County Land Use Code to include a phasing program for Development Plan Review applications or permits). The Board also directed staff to come back in no later than 3 months with more details on several inspection and monitoring topics.
- June 18, 2013 News Release: Commissioners extend temporary moratorium on oil & gas development in unincorporated Boulder County for 18 months
- Resolution 2013-55, extending until 1-1-15 the Temporary Moratorium imposed in Resolution 2013-18 pertaining to the County’s processing of Oil & Gas Development Applications
- Video of June 18, 2013 Public Hearing
- Staff Presentation for June 18, 2013
- June 12, 2013 News Release: Public hearing on oil & gas development temporary moratorium scheduled for Tuesday, June 18, 2013
- Public Hearing Notice for June 18, 2013
June 6, 2013: Board of County Commissioners hold a Public Meeting to consider amendments to Article 12 of the Boulder County Land Use Code (oil and gas regulations), to include a phasing program for Development Plan Review applications or permits. The Board temporarily extended the moratorium on new oil and gas development applications (which was due to expire June 10th) until June 24th (See Resolution 2013-50) and tabled Docket DC-12-0003 to 4:30 p.m. on Tuesday, June 18, 2013.
- News Release: Commissioners to continue the June 6 public meeting on oil & gas development to June 18 at 4:30 p.m.
- Resolution 2013-50, extending until 6-24-13 the Temporary Moratorium imposed in Resolution 2013-18 pertaining to the County’s processing of Oil & Gas Development Applications
- Video of June 6, 2013 Public Meeting.
June 5, 2013: A Joint Planning Commission and Board of County Commissioners Public Hearing considered proposed amendments to Article 12 of the Boulder County Land Use Code (oil and gas regulations), to include a phasing program for Development Plan Review applications or permits. The Planning Commission voted (4-3) against recommending approval of the proposed phasing plan (Docket DC-12-0003) and unanimously provided advice to the Board of County Commissioners to extend the current temporary moratorium on the processing of the required development plans for local oil and gas permits.
- Staff Report for June 5, 2013
- Staff Presentation for June 5, 2013
- Video of June 5, 2013 Public Hearing.
May 21, 2013: Board of County Commissioners hold a Public Meeting to continue their discussion from May 16, at which they accepted additional public comment regarding any issues related to oil and gas development in Boulder County. The Board authorized staff to process Land Use Code amendments to Article 12 (new oil and gas regulations) to include a phasing program for Development Plan Review applications or permits, and made a decision not to extend the temporary moratorium beyond June 10, 2013. No public testimony was taken.
- BOCC Authorization Memo for May 21, 2013
- News Release: Commissioners approve drafting new regulations for phased approach to oil and gas development
May 16, 2013: Board of County Commissioners hold a Public Hearing (a) to consider setting appropriate transportation fees for oil and gas activities in the unincorporated county based on the County consultant’s final Oil & Gas Roadway Impact Study; and (b) for the limited purpose of considering any necessary amendments to the transportation sections of the oil and gas regulations approved in Docket DC-12-0003, to conform to the proposed impact fee or other cost recovery mechanism. Public testimony was taken. The Board voted unanimously to adopt an impact fee in the amount of $38,600 per well and to amend the transportation section of Article 12 as proposed. In response to requests by the public to have an opportunity to address the county commissioners on other issues related to oil and gas development in Boulder County, the commissioners stayed beyond the conclusion of the transportation-related items to take additional public comment.
- Staff Report to Board of County Commissioners for May 16, 2013
- Oil and Gas Roadway Impact Study, January 14, 2013
- Resolution 2013-49, approving Oil and Gas Transportation Impact Fees and Associated Amendments to the Transportation Sections of Article 12 of the Land Use Code
January 24, 2013: Board of County Commissioners holds second public hearing to: 1) review results of final Oil & Gas Roadway Impact Study to include consideration of setting appropriate transportation fees for oil and gas activities in the unincorporated county; and 2) to consider the adequacy of the length of the current temporary moratorium in terms of finalizing regulations and developing a plan to administer those new regulations. Board takes public testimony and 1) directs staff to implement the Oil & Gas Roadway Impact Study into the Land Use Code and through an impact fee ordinance, and 2) extends the current temporary moratorium on Boulder County’s processing of applications for oil and gas development in the unincorporated county until June 10, 2013.
- Staff Report to Board of County Commissioners for January 24, 2013
- Land Use Staff Presentation to Board of County Commissioners on January 24, 2013
- Transportation Staff Presentation to Board of County Commissioners on January 24, 2013
- Resolution 2013-18: Roadway Impact Fee and Extension of Temporary Moratorium to June 10, 2013
December 20, 2012: Board of County Commissioners adoption of Resolution 2012-142 approving the oil and gas Land Use Code amendments proposed in Docket DC-12-0003.
December 13, 2012: Approval of the proposed oil and gas Land Use Code amendments by the Board of County Commissioners. Meeting on December 13 was a public meeting, but no public testimony was taken.
December 6, 2012: The Board of County Commissioners holds a public meeting in order for staff and transportation consultants to present the results of the Transportation Oil and Gas Roadway Impact Study. This meeting was informational only, and no public testimony was taken.
- Staff Report on Transportation System Impacts of Oil and Gas Development and Potential Roadway Impact Fee Analysis for December 6, 2012 meeting
- Presentation on Oil and Gas Production Transportation Impact Study for December 6, 2012 meeting
December 4, 2012: Board of County Commissioners holds second public hearing on the draft regulations, as well as a public hearing to consider the adequacy of the length of the current temporary moratorium in terms of finalizing regulations and developing and implementing a plan to administer those new regulations. Board takes public testimony and tables docket to December 13 at 4 p.m.
- Staff Report to Board of County Commissioners, including Draft Proposed Oil and Gas Development Regulations
- Staff Presentation to Board of County Commissioners
November 15, 2012: Board of County Commissioners holds follow-up public meeting after the November 13 public hearing in order to discuss the proposed amendments addressing oil and gas development and provide direction to staff. Board tables docket to December 4, 2012 at 4:00 p.m.
November 13, 2012: Land Use Staff presents proposed oil and gas Land Use Code regulations to Board of County Commissioners, and Board takes public testimony. Board tables docket to November 15, 2012 at 9:00 a.m.
- Staff Report to Board of County Commissioners including Draft Proposed Oil and Gas Development Regulations
- Staff Presentation to Board of County Commissioners
October 30, 2012: Planning Commission recommends approval of the proposed oil and gas Land Use Code regulations (Docket DC-12-0003: Amendments to Oil and Gas Regulations) to the Board of County Commissioners.
October 17, 2012: Planning Commission continues discussion of the proposed oil and gas Land Use Code regulations at their regular monthly meeting, and takes public testimony.
October 1, 2012: Continued discussion of proposed oil and gas Land Use Code regulations during Planning Commission Special Session.
September 24, 2012: Land Use Staff presented proposed oil and gas Land Use Code regulations to Planning Commission during a Special Session, and Planning Commission takes public testimony.
- Staff Report to Planning Commission, including Draft Proposed Oil and Gas Development Regulations
- Staff Presentation to Planning Commission
August 22, 2012: Board of County Commissioners and Planning Commission met in a Joint Special Session, which included a Joint Executive Session for legal advice pursuant to CRS Section 24-6-402(4)(b), related to oil and gas comprehensive planning and Land Use Code regulatory matters (BCCP-12-0001 and DC-12-0003), and a Joint Study Session Without Public Testimony to discuss possible Land Use Code amendments addressing oil and gas development within the Boulder County Land Use Code and to Article 4-900 (“Development Plan Review for Oil and Gas Operations”).
August 15, 2012: Planning Commission discussed additions and modifications to the 3rd draft of the Boulder County Comprehensive Plan oil and gas policy amendments, and voted 6-0 to approve the draft. Staff will take the text to the Board of County Commissioners for a public hearing requesting that they acknowledge and accept the Planning Commission’s action. The policies will go into effect as soon as the resolution of approval is drafted and signed, and will be inserted into the Boulder County Comprehensive Plan.
August 7, 2012: Boulder County Land Use Code oil and gas open house. Staff from Boulder County Land Use and other departments hosted a second open house on oil and gas issues. Staff solicited input and provided information about the process and steps the county intends to follow for considering changes to oil and gas regulations in the Boulder County Land Use Code and related programs and policies the county can pursue to address the issue.
July 18, 2012: Planning Commission further reviews proposed oil and gas policies amendments presented by Land Use staff, and takes public testimony.
June 20, 2012: Planning Commission reviews proposed oil and gas policies amendments presented by Land Use staff, and takes public testimony.
May 16, 2012: Planning Commission approves Docket BCCP-12-0001: Amendments to Oil and Gas Policies, authorizing initiation of an oil and gas policies amendment process.
May 31, 2012: Boulder County Comprehensive Plan oil and gas policies open house. Staff from Boulder County Land Use and other departments hosted an open house to give interested residents more information about the process and steps the county intends to follow for considering changes to the oil and gas policies in the Boulder County Comprehensive Plan.
April 16, 2012: Commissioners vote unanimously to extend temporary moratorium on processing of applications for oil and gas development in unincorporated parts of the county until Feb. 4, 2013. (Resolution 2012-46).
An archived video of the March 1 hearing is posted on the County Commissioners’ Hearing and Meetings webpage.
March 1, 2012: Public hearing for commissioners to hear staff presentations and public testimony. After the four-hour hearing, commissioners direct staff to continue gathering information about the impacts of oil and gas drilling on air, water, land, roads and infrastructure.
Feb. 2, 2012: The Board of County Commissioners approve a temporary moratorium on the processing of the required development plans for local oil and gas permits under the county Land Use Code Resolution 2012-16 and release a statement detailing their concerns about the potential for significantly expanded oil and gas drilling within the county.