County Commissioners approve tougher oil and gas development regulations

Today, the County Commissioners approved tougher oil and gas development regulations in the Land Use Code. 

Last February, the Commissioners adopted a temporary moratorium on new oil and natural gas drilling permits in Boulder County. After a nearly year-long public process, the County Commissioners have adopted new regulations governing future drilling in Boulder County and applying stricter rules to the oil and gas industry than any other county in the state of Colorado.

 

The previous regulations were nearly 20 years old and did not contemplate the impacts of hydraulic fracturing since the technology were not in practice at the time.

 

Why doesn’t the county just ban fracking? All three commissioners are opposed to fracking in Boulder County. However, under Colorado law, counties have only the legal authority that has been delegated to them by the state legislature. This means Boulder County simply does not have the legal ability to ban fracking. The courts would almost certainly overturn the ban – and the county would then be obligated to process drilling applications under the 20-year-old oil and gas regulations, with none of the additional protections that the new regulations provide.

 

The County Commissioners support additional authority for local governments – which is why they have signed on to a public letter to the Governor asking him to drop the lawsuit against Longmont and work with local governments, why they have intervened in Colorado Oil and Gas Conservation Commission hearings on setbacks and on water quality seeking better rules statewide and more authority for local governments, and why they support legislation to tighten regulations and make state regulations a floor, not a ceiling.

 

What do the new regulations do? The new regulations are designed to achieve the maximum protection for air quality, water quality and the environment that is legally possible for counties under current state law and are designed to address land use impacts associated with oil and gas operations. The regulations set a dual track. An operator may either go through a process which sets general standards – including no significant degradation of water quality, maximum possible distance from surrounding land uses, and air quality requirements – and requires the applicant to go through two public hearings, one before the Planning Commission and one before the County Commissioners.

 

Or, an applicant could voluntarily enter an expedited review process, which would not require public hearings and would be faster and more predictable – but in order to qualify for this they would need to agree to abide by a set of requirements that include standards that the county could not otherwise impose. To be eligible for expedited review an applicant would need to locate new drilling sites at least 1,000 feet from occupied structures, and would need to agree to a comprehensive set of air quality standards affecting all aspects of the process – a far more protective set of air quality regulations than those at the state or federal level.

 

Both tracks also require the payment of transportation fees to pay for any damage to county roads. Additionally, the county is looking at requiring extensive water quality monitoring by a neutral third party regardless of which track a permit is applied for.

 

Now that the county has passed regulations, could drilling start immediately? No. These regulations are quite complicated, and will require significant effort to implement. The county will need to ensure adequate staff training, capacity for inspection, and identify consultants who can help review air and water quality plans. On Jan. 24, the commissioners will receive information from staff on these implementation issues and hold a public hearing on whether to extend the existing moratorium on new drilling.

 

For more information about the county’s role in oil and gas development, upcoming meetings and public involvement opportunities, visit the county’s Oil and Gas Development webpage or contact Jim Webster at 720-564-2600 or jbwebster@bouldercounty.org.