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Weld County Code Ordinance 2025-07
In the Matter of Repealing and Reenacting, with Amendments, Chapter 2
Administration, and Chapter 21 Areas and Activities of State Interest of the Weld
County Code
Be it ordained by the Board of County Commissioners of the County of Weld, State
of Colorado:
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of
Weld, including the codification of all previously adopted ordinances of a general and
permanent nature enacted on or before said date of adoption, and
Whereas, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
Now, therefore, be it ordained by the Board of County Commissioners of the County of
Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
Chapter 2
Administration
Amend Sec. 2-3-10. Previously denied applications for land use matters.
A. — No change.
B. For purposes of this section, land use application includes applications for any
amendments to the zoning map under Division 1 of Article II of Chapter 23; use by
special review permits under Divisions 4, 5, or 6 of Article II of Chapter 23;
subdivisions under Chapter 24; or planned unit developments under Chapter 27.
Remainder of Section — No change.
Chapter 21
Areas and Activities of State Interest
Article I - Administrative Regulations
Division 1 - Introductory and General Provisions
Amend Sec. 21-1-20. Purpose and findings.
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A Purpose and intent The purpose and intent of the 1041 Regulations is to facilitate
identification, designation, and administration of matters of state interest consistent
with the statutory requirements and cntena set forth in C R S §§ 24-65 1-101, et
seq
Remainder of Section — No change
Amend Sec. 21-1-30. Legal authority.
The 1041 Regulations are authorized by and through the Colorado Areas and
Activities of State Interest Act ("AASIA"), C R S §§ 24-65 1-101, et seq , the Colorado
Local Government Land Use Enabling Act, C R S §§ 29-20-101, et seq , including,
without limitation, C R S § 29-20-104, the County Planning and Building Code statutes
set forth in C R S Title 30, Article 28, and the powers and authorities conferred upon
home rule counties set forth in C R S Title 30, Article 35, including authonty to adopt the
Weld County Home Rule Charter to ensure self-determination and to promotelhe health,
safety, secunty and general welfare of the people of Weld County
Amend Sec. 21-1-40. Applicability.
A The 1041 Regulations shall apply to all proceedings concerning identification and
designation of any area of state interest or activity of state interest that.has been
or may hereafter be designated by the Board of County Commissioners, and the
permitting of development in any such area or activity within the unincorporated
County, unless specifically excepted pursuant to the provisions of this Chapter 21
B The 1041 Regulations shall not apply to any development in an area of state
interest nor any activity of state interest that meets any one (1) of the following
conditions, as of May 17, 1974
1 The specific development or activity was covered by a current building
permit issued by the County,
2 The specific development or activity had been approved by the electorate
of the County, or
3 The specific development or activity is to be on land
a Which was conditionally or finally approved by the County for
planned unit development or for a use substantially the same as
planned unit development,
b Which was zoned by the County for the use contemplated by such
development or activity, or
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With Tespect to which a,development plan was conditionally or final€y
approved by the County _
C The 1041 Regulations shall' not apply to any development in an area of state
interest nor any activity of state interest that has substantially begun as of the date
,of designation of the area or activity as a matter of state interest For this purpose,
.of this section; "substantially begun"' shall mean a project meeting any of the
following criteria
1 The 'County, has issued one (1) or more permits for the project, including,
but not limited to, access permits and right-of-way permits
2 ,The activity or use is part of a site 'specific development plan approved by
the County, the vesting period of which has not expired
The provisions of these 1041 Regulations shall not apply to any nonconforming
use When .such a nonconforming use shall be discontinued for six (6) months or
, more_ or a, nonconforming structure is damaged or destroyed to the extent of at
- least fifty, percent, (50%) of the" appraised value, any reuse, reconstruction, or
, replacement of such structure shall be deemed a new use and shall be subject to
,,the provisions of these, 1041 Regulations Any expansion of a nonconforming use
shall be,fully subject to these 1041 Regulations For the purposes of this Section,
a nonconforming use shall be defined as a use that does not conform to a provision
or requirement of this Chapter but was lawfully established prior to the time of its
applicability ,
E The provisions of,this section shall not be deemed to waive other requirements of
this Code, including, but not limited to, building permits, right-of-way permits, and
access permits
Amend Sec. 21-1-50. Reserved
Amend,Sec. 21-1-60. Relationship of 1041 Regulations to other county, state, and
federal requirements.
A More restrictive County, standards or requirements control Whenever the 1041
Regulations are found to be inconsistent with any other applicable resolution,
ordinance, code, regulation, or other enactment of the County, the enactment
imposing 'the more restrictive standards or requirements shall control -
B Statutory, cntena in C R S § 24-65 1-202 and § 24-65 1-204 control if the 1041
Regulations are less stnngent In the event the 1041 Regulations are found to be
less stnngent than the statutory cntena for administration of matters of state
interest set forth in C R S § 24-65 1-20,2 and § 24-65 1-204, the statutory cntena
shall control
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C. The 1041 Regulations control if statutory criteria less stringent in C.R.S. § 24-65.1-
202 and § 24-65.1-204. In the event the 1041 Regulations are found to be more
stringent than the statutory criteria for administration of matters of state interest set
forth in C.R.S. § 24-65.1-202 and § 24-65.1-204, these 1041 Regulations shall
control pursuant to the authority of C.R.S. § 24-65.1-402(3).
D The 1041 Regulations set forth in Article V Chapter 21 control in cases of
overlapping requirements of this Code. Where the 1041 Regulations set forth in
Article V of Chapter 21 overlap with other applicable regulations in this Code, then
the 1041 Regulations set forth in Article V of Chapter 21 control.
E With the exception stated in Section 23-2-200 of this Code, the 1041 Regulations
are in addition to, and not in lieu of, other regulations of the County. The 1041
Regulations are intended to be applied in addition to, and not in lieu of all other
regulations of the County, including, without limitation, the zoning, subdivision,
planned unit development, intergovernmental agreement, building codes, on -site
wastewater treatment system and Comprehensive Plan portions of this Code.
F Other governmental agencies. In the event that any political subdivision, agency,
instrumentality, or corporation of the State of Colorado or the United States
government, or an entity regulated by such a designated governmental unit, seeks
to conduct a designated area or activity of state interest in the County, the intent
of the 1041 Regulations is that the Board of County Commissioners shall exercise
its authority pursuant to the 1041 Regulations and state statutes to the maximum
extent allowable consistent with federal and state law and regulations.
Amend Sec. 21-1-70. Duties of Board of County Commissioners.
Unless otherwise specifically provided for, it shall be the duty of the Board of
County Commissioners to perform all of the functions set forth in this Article I, and those
specified in Articles II, III, IV, V, VI, or VII. or VIII of this Chapter 21. The Board of County
Commissioners shall also be generally empowered to hear appeals from any person
applicant aggrieved by any decision of the Planning Directocstaff made in the course of
administering these 1041 Regulations. Any such appeal shall follow the appeals
procedure set forth in Section 2-4-10 of this Code.
Amend Sec. 21-1-90. Definitions.
The words and terms used in these 1041 Regulations for administration of areas
and activities of state interest shall have the meanings set forth below, unless the context
requires otherwise:
Designation: Only that legal procedure specified by C.R.S. §§ 24-65.1-401, et seq.,
and specified in this Article I as carried out by the Board of County Commissioners.
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Remainder of Section — No change
Division 2 — Designation of Matter of State Interest
Amend Sec 21-1-220 Notice of public hearing, mailing list, publication
A The Clerk to the Board shall prepare a notice of the designation hearing which
shall include
1 through 4 — No change
B The Board of County Commissioners shall maintain a mailing list of the names of
those persons requesting of the Clerk of the Board of County Commissioners that
their names and addresses be placed on the list and paying to the Clerk an annual
fee of twenty dollars ($20 00) to cover the costs of production, handling and mailing
of notices of all such heanngs, pursuant to C R S §§ 24-65 1-404(2)(b) and
24-65 1-501(2)(c) In order to have a name and address retained on said mailing
list, such persons shall resubmit their names and addresses and pay said annual
fee before January 31 of each year Interested persons are advised that notices of
heanngs before the Board are posted on the Weld County website, www weld gov
C At least thirty (30) days but no more than sixty (60) days before the public hearing,
the Board of County Commissioners shall publish the notice one (1) time in the
newspaper of general circulation in the County designated by the Board as the
County legal newspaper and shall mail the notice by first class mail or electronic
mail to each of the following
1 State and federal agencies, as deemed appropriate in the discretion of the
Director of Planning Services
Remainder of Section — No change
Amend Sec 21-1-230 Matters to be considered at designation hearing.
At the public heanngs on designation, the Board of County Commissioners shall
consider such evidence as they deem appropnate, including, but not limited to, testimony
and documents addressing the following considerations
A — No change
B The matters and considerations set forth in any applicable guidelines for
designation issued by applicable state agencies
C through E — No change
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F. The applicable criteria for administration of the proposed area or activity as set
forth in these regulations and C.R.S. §§ 24-65.1-201, et seq.
G The legislative declarations stated in C.R.S. §§ 24-65-102, 24-65.1-101, and
29-20-102.
H The Comprehensive Plan set forth in Chapter 22 of this Code or any municipal
master or comprehensive plan adopted as part of, pertaining to, or affected by the
area or activity under consideration.
Amend Sec. 21-1-240. Conduct of designation hearing.
A. At the public hearing on designation, the Board of County Commissioners shall
receive into the public record:
1. and 2. — No change.
Delete 3.
B. and C. — No change.
D. No additional public input, either oral or written, shall be accepted for the record
after the hearing is closed, except as specifically permitted by the Board.
Amend Sec. 21-1-250. Reserved.
Amend Sec. 21-1-260. Adoption of designation and regulations.
A. At the conclusion of the hearing, or within thirty (30) days thereafter, the Board of
County Commissioners may adopt, adopt with modification, or reject the proposed
designation which was the subject of public hearing. If designation and regulation
under C.R.S. §§ 24-65.1-101, et seq., is rejected, the Board of County
Commissioners may regulate the matter under any other available land use control
authority, or it may reject the regulation of the matter entirely.
B. — No change.
C. In the event the Board of County Commissioners finally determines that any matter
is a matter of state interest, it shall be the Board's duty to designate such matter
by resolution and adopt regulations for the administration thereof by ordinance.
D Each designation resolution adopted by the Board of County Commissioners shall:
1_. Specify the boundaries of the d-e-s}gnated area of state interest or the
boundary of the area in which an activity of state interest has been
designated. and
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2 — No change
3 Specify the designated activity or development in the designated area must
comply with the regulations applicable to the designated matter of state
interest
E Adoption of regulations adopted after designation of a matter of state interest shall
be enacted by Code amendment through adoption of a Code change ordinance
Such regulations shall be considered the "guidelines" referred to in C RS
§§ 24-65 1-101, et seq
Amend Sec 21-1-290. Effect of designation - moratorium until final determination.
After a matter of state interest is designated pursuant hereto, no person shall
engage in development in such area and no such activity shall be conducted until the
designation and regulations for such area or activity are finally determined as required by
C R S § 24-65 1-404(4)
Amend Sec. 21-1-300. Mapping disputes.
-Where interpretation is needed as to the exact location of the boundary of any
area designated for areas and activities of state interest, and where there appears to be
a conflict between a mapped boundary and actual field conditions, the Board of County
Commissioners shall make the necessary determination of the boundary Any person
contesting the location of the boundary shall be given an opportunity to present a case
on the subject to the Board
Article ll - Permit Regulations
The permit regulations set forth in this Article II shall not apply to the regulations
and procedures regarding 1041 WOGLA Permits set forth in Article V of this Chapter 21
nor to the regulation and procedures regarding Location Assessments for Pipelines set
forth in Article VI of this Chapter 21
Division 1 — Permit Requirements
Amend Sec. 21-2-10. Permits required after designation.
A The Board of County Commissioners has the authority to grant a 1041 Permit
pursuant to these 1041 Regulations
B No person may engage in development in a designated area of state interest or
conduct a designated activity of state interest without first obtaining approval of a
1041 Permit Any person desiring to engage in a development, expansion, or
project subject to the 1041 Regulations, or a technical revision to an approved and
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recorded 1041 Permit, shall apply for a 1041 Permit in a form provided by the
Planning Services Department. The form shall be accompanied by all maps, plans,
and reports required by these 1041 Regulations. A 1041 Permit, which is
considered the approving resolution adopted by the Board of County
Commissioners, is not perfected until the associated 1041 Permit Map is approved
and recorded.
C If any proposed development, or any segment of any proposed development,
includes an area or activity as designated in this Article I, then the entire project is
subject to the 1041 process.
D A single application may be completed for multiple activities of state interest and/or
developments in areas of state interest proposed by the applicant and may be
reviewed by the Board of County Commissioners in one (1) consolidated hearing.
E No building permit shall be issued by the County for an activity or development
subject to this subsection without the applicant having first obtained a 1041 Permit
and other associated required land use approvals.
Any person engaging in a development in a designated area of a state interest or
conducting a designated activity of state interest who does not obtain a permit pursuant
to these 1041 Regulations, who does not comply with permit requirements, or who acts
outside the authority of the 1041 Permit may be enjoined by the County from engaging in
such development or conducting such activity, and may be subject to such other criminal
or civil liability as may be prescribed by law.
Amend Sec. 21-2-20. Reserved.
Amend Sec. 21-2-30. Reserved.
Division 2 — Permit Application
Amend Sec. 21-2-200. General application requirements.
In addition to specific requirements in subsequent articles of this Chapter 21, all
applications for 1041 Permits shall contain the following:
A. Completed application form provided by the Department of Planning Services.
B. Articles of organization or incorporation documents if the applicant is a corporate
entity, and a statement/delegation of authority for the person authorized to sign on
the corporation's behalf.
C Authorization form, if applicable. The application must designate all agents for the
applicant. The applicant shall be bound by any agreements made by the agent(s).
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D Draft 1041 Permit Map
1 At thetme of application, the draft map need not be signed If the Board of
County Commissioners conditionally approves the application, the map
submitted for recording shall contain the signature blocks shown in
Subsections A and B of Appendix 21-C of this Code and shall be signed by
the applicant/agent
2 The draft map shall be submitted in electronic ( pdf) format If approved, the
applicant shall submit the map on Mylar or other drafting media approved
by the Department of Planning Services
3 The dimensions of the map shall be thirty-six (36) inches wide by twenty-
four (24) inches high
4 The map shall include a case number for the title in the format provided by
the Department of Planning Services
5 The area proposed for development under the 1041 Permit application may
encumber an entire lot or lots, or may encumber a portion or portions of a
lot or lots, in which case a metes and bounds descnption for the area of
development shall be provided For the purposes of identifying surrounding
property owners to be notified of public heanngs, the boundanes of the lot(s)
containing the development shall be used Approval of a 1041 Permit for a
portion or portions of a lot or lots does not create a separate, legal lot
Development shall be limited to the area identified on the approved and
recorded 1041 Permit Map Any change to the limits of the area of
development shall require approval of an amendment or technical revision,
as determined by the Director of Planning Services, in accordance with
Section 21-2-430 of this Article II
6 Vicinity map The map shall contain a vicinity map to identify the location of
the project, with a scale of one (1) inch equals two thousand (2,000) feet or
at another suitable scale if approved by the Department of Planning
Services, and delineating all of the following information within a one-half
(0 5) mile radius of the area proposed to be disturbed by the project
a Section, township and range
b Scale and north arrow
c ' Outline of the penmeter of the proposed project area
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d The general classifications and distribution of soils over the parcel
under consideration Soil classification names and agricultural
capability classifications shall be noted in the legend
e Locations and names of all hydrographic features including irrigation
ditches/canals, streams, nvers, ponds, and reservoirs -
f Locations and names of public roads
g Any other relevant information within a one -half -mile distance of the
perimeter of the proposed project area t as, may be reasonably
required by the Department of Planning Services to meet the intent
and purpose of this Chapter
7 Plot plan The map shall contain a plot plan of the project area at a scale of
one (1) inch equals one hundred (100) feet or at another suitable scale if
approved by the Department of Planning Services, containing the following
information, as applicable
a Boundanes of the area to be disturbed by the project and the limits
of existing or anticipated temporary construction easements or
permanent easements relating to the project If the,1041 Permit will
not encumber an entire lot or lots, the dimensions of the boundanes
of the project area shall be labeled
b All other recorded easements on the subject property shall also be
shown and referenced with the date, reception number, and purpose
of the easement
c Property lines and espective owners' names (may be shown on
vicinity map instead) Land within two hundred (200) feet of the
project shall be shown
d All existing and proposed structures„ excluding signs but including
, fences and all other proposed improvements For proposed
buildings, provide dimensions and approximate distances to the
nearest property line Elevation drawings may be required
e All adjacent public road nghts-of-way of record (including road
names and reception numbers or other information on the creation
of the nght-of-way) Limits of the existing gravel or pavement shall
be shown
f Existing and proposed access(es) including use classification, radii,
and width
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g All hydrographic features including irrigation ditches/canals, streams,
nvers, ponds, and reservoirs (including names)
J-1 Location and design of proposed stormwater management
improvements,
Location of any special flood hazard area, geologic hazard area,
airport overlay district
Proposed lighting including locations and a dimensioned elevation
drawing of any light poles and the cutsheet of any light fixture
including the shield design
Parking_and,circulation, showing surface material and locations and
sizes of parking spaces The total number of parking spaces and
maximum number of employees on -site at any given time shall be
provided
I Any other relevant information as may be reasonably required by the
—Department of Planning Services to, meet the intent and purpose of
this Chapter
8 Landscaping and screening plan _Show the location and indicate the size
and material of any existing and proposed landscape matenal, including,
,but not limited to, plants, groundcover, revegetation, and any fencing, walls,
berms, or other screening Elevations with height information may be
required for screening Provide total numbers
E -Project narrative, including the following information, as applicable
1 A description of the existing property, including its current and/or previous
use and any existing improvements, the proposed project and its
improvements, and acreage of areas to be temporarily and/or permanently
disturbed
2 'Information about the operator, applicant, designer, engineer, surveyor, and
any other consultants or contractors
3' A description of the project's conformance with the Weld County Code,
including, specifically, this Chapter 21 and the Weld County Comprehensive
Plan, as well as other applicable regulations, plans, and policies of 'federal,
state, regional, or other affected local governmental agencies
4 A description of temporary (dunng construction) and permanent mitigation
measures
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5 A description of the need for the proposed project shall be included with the
following information, as applicable
a A description of the relationship of the project to other existing
and planned facilities of a similar nature, including those of
other entities (local governments, special districts,
corporations, etc )
b A description of the site analysis performed, alternative
locations considered, and why the proposed location was
selected
c A description of the cost -benefit analysis of constructing the
project as compared to other possible structural (for example,
other locations) and nonstructural (for example, conservation)
alternatives
d A descnption of the rLelationship of the' project to surrounding
and nearby land uses, including an analysis of the impact of
the project on future �development'of the area
e A description of the anticipated economic impact of the
development on the area and the County and any efforts to
enhance or mitigate those impacts
6 Environmental impact analysis , „
a Describe any anticipated or potential environmental pollution,
damage, and/or contamination due to materials used at or activities
taking place at the proposed facility, including but not limited to
effects on air quality, soils, aquifers, and surface water, and any
monitoring proposed
b Describe procedures to be used in the event of contamination
c Describe any other pollution control measures to be constructed or
implemented
d Detail the agricultural production capacity of the proposed location
and the anticipated impacts from the development
e Describe the visual impacts of the project on surrounding areas and
proposed landscaping or screening, and provide photographs
showing a simulation of the proposed development
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f Descnbe any environmental impacts of transportation to and from
the project and any proposed road or intersection improvements
g Descnbe the anticipated water and energy needs of and sources for
the project, including any mitigation efforts such as conservation
measures to be implemented on- or off -site Descnbe potential
impacts of anticipated water use on aquifers or vested water rights.
h Identify any sensitive environmental or at -risk areas within or near
(within one mile of) the project, including but not limited to
1) Floodplains, waterways, wetlands, and npanan areas
2) 'Woodlands, grasslands, and other wildlife habitat or migratory
areas
3) Known areas of unique geological, historical, ecological, or
archeological importance
4) 'Public outdoor recreational areas, elder care facilities, and
schools
Environmental, impact analysis of alternative locations may be
required
7 Hazards and emergency procedures
a Descnbe hazards, if any, of fire, explosion, leak, or other dangers to
the health, safety, and welfare of employees and the general public.
b Descnbe emergency procedures to be used in the event of fire,
explosion, leak, or other event that may endanger the public health,
safety, and welfare
c Descnbe any flood or geologic hazards within or near the project
d Describe any prevalent natural hazards that will affect or be affected
by the development and descnbe mitigating measures to be taken to
reduce danger due to such natural hazards
8 Projected development schedule
a Estimate maximum number of employees, number of shifts and
employees per shift during the construction, operation, and
maintenance phases of the project
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b Specify any future phases or extensions of the facility and
relationship of the facility (if currently foreseen) to larger programs
and plans
c Specify timetable for planning (e g , federal permits, other state
permits, etc )
d Estimate beginning and completion of construction and beginning of
operation of facility
F A traffic impact study or traffic narrative, at the discretion of the Director of Planning
Services or their designee, including a construction haul route map A construction
and road maintenance agreement to mitigate traffic impacts may be required in
accordance with Article II, Improvements Agreements, of Chapter 8 of this Code
G A drainage narrative or preliminary drainage study pursuant to the requirements of
Chapter 8, Article XI of this Code, at the discretion of the Director of Planning
Services or their designee A preliminary drainage report providing water quality
will be required if the project site falls within an MS4 area See Chapter 8, Article
IX, of this Code Areas may be exempted from impervious surface calculations if
compacted soil will be loosened (tilled or otherwise aerated), as determined by the
Department of Planning Services jThe applicant shall be responsible for ensuring
all such areas are revegetated within twelve (12) months of construction and
maintained in perennial vegetation to prevent erosion, manage runoff, and build
soil
H Municipal Separate Storm Sewer System (MS4) requirements, if applicable
I A noise study and a noise abatement plan, if applicable, as determined by
Environmental Health, documenting the methods to be utilized to meet the
applicable noise standard
J A waste handling plan, if applicable, as determined by Environmental Health
K A dust abatement plan, if applicable, as determined by Environmental Health
L Signed and notarized Decommissioning/Reclamation Plan The developer is
responsible for the decommissioning and reclamation if the proposed use is
discontinued
1 Include a description of the projected useful life of the project, anticipated
maintenance requirements', funding source for maintenance, potential for
future upgrading of equipment, etc
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2 Include- an estimate ,of costs associated with dismantling, recycling, and
safe disposal of facility components and , site reclamation , of
decommissioning and reclamation, including the following elements
a Removal of all structures, including, but not limited to, fencing,
equipment, conduits, foundations, roads, etc , unless any such items
(specify which) will be owned by the property owner, and the property
owner agrees in writing that they may remain on the property after
decommissioning
b All labor, equipment, transportation, and disposal costs associated
with the removal of all facility components from the facility site
c All costs associated with full reclamation of the facility site, including ,
removal of non-native soils and weeds and establishment of native
grasses Soils of each area of direct impact shall be matenally similar
to or better than the condition they were before construction Noxious
weeds, as defined in Chapter 15 of this Code, shall be eliminated
d Costs of all decommissioning/reclamation activity management, site
supervision, site safety
e Any other costs, including but not limited to administrative costs,
associated with the decommissioning and reclamation of the facility
site
The Department of Planning Services , may require the
Decommissioning/Reclamation Plan to be updated if the plan on file
is more than five (5) years old -
3 Security to implement the Decommissioning/Reclamation Plan may be
required as a condition of approval, particularly for any development or
activity with a projected useful life of less than fifty (50) years
a Such security shall conform to the requirements of Section 8-2-40,
Acceptable Types of Collateral, of this Code, and shall amount to one
hundred (100) percent of the total cost ,of decommissioning and
reclamation
b The Board of County Commissioners of Weld County shall be named
as the sole beneficiary of the security
c ,The security shall contain an automatic extension ' provision or
"evergreen clause" and shall be "bankruptcy remote",` meaning the
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M
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security will be unaffected by the bankruptcy of the applicant or
operator
d Decommissioning/reclamation shall commence within twelve (12)
months of the facility permanently ceasing operation The Director of
Planning Services may issue a six-month extension upon written
request, after which the Board of County Commissioners may issue
an extension upon written request Work shall begin promptly upon
notice by the Board of County Commissioners and shall be
completed within twelve (12) months of such notice Weld County
shall have the right to draw upon the security after ninety (90) days
following such notice from the Board for failure to commence,
maintain progress, oi,- complete the decommissioning/reclamation
e Upon completion of Decommissioning/Reclamation Plan, written
request for release of any security held by the County may be
submitted to the Department of Planning Services, which shall
inspect the site for compliance Upon satisfactory completion of the
decommissioning and reclamation, staff shall schedule the request
for consideration by the Board at a' regularly scheduled public Board
meeting and notify the applicant of the hearing date ,and time The
security shall be released after final written acceptance by the Board
Proof that a water supply will be available which is adequate in terms of quantity,
quality, and dependability, if applicable, as determined by Planning Services
Sewage disposal documentation, if applicable, as determined by Planning
Services
The names and addresses of any owner and/or operator of any oil and gas
facilities, irngation ditches/laterals, pipelines, overhead lines, railroad, etc , on the
property
A certified list of the names, addresses, and the corresponding parcel identification
numbers assigned by the County Assessor of the owners of real property (the
surface estate) within one thousand three hundred twenty (1,320) feet (one -quarter
(1/4) mile) of the boundaries of the property proposed to be physically disturbed,
or in the case of a linear transmission line project extending more than one (1)
mile, surface owners of real property within five hundred (500) feet on either side
of the centerline of the proposed al gnment and surface owners of any real property
proposed to be physically disturbed The source of such list shall be the records of
the County Assessor, an ownership report denved from records of the County
Clerk and Recorder and prepared by a title or abstract company or an attorney If
the list was assembled from the records of the County Assessor, the applicant shall
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certify that such list was assembled within thirty, (30) days of the application
submittal date '
Any other information required by the Board of County Commissioners or the
Department of Planning Services and communicated to the applicant The Board
may request the applicant to provide additional information during the public
heanng on the application The applicant may be granted reasonable continuances
to provide such information, if the applicant so requests
Amend Sec. 21-2-210. Application fee.
Each application shall be accompanied by the payment of an application fee per
' ,the"fee schedule an Appendix 5-J County staff is not authonzed to negotiate fees and
may, not waive, reduce, nor amend the required fee The applicant may withdraw their
application atrany point during the process, but fees are not refundable
Amend Sec. 21-2-220. Consultants.
' 'If the County does not have qualified staff to review certain elements of an
application, or referral/ agencies are not able to adequately advise the County regarding
certain elements of an application, the Planning Services Director may authonze the
s review, to; be, performed by a consultant engaged for such purpose by the Planning
Services Department, Whenever possible, the need for a consultant shall be established
at the preapplication stage All fees for such consultant shall be paid for by the applicant
on a ‘"cost plus fixed fee" basis, or according to agreement with the applicant In
determining its need for engagement of a consultant, the Planning Services Department
may consider, the technical expertise available from the applicant, but the Planning
Services Department reserves the right to engage any independent consultant If it
proposes to engage a consultant, the Planning Services Department shall prepare a
written summary describing the proposed scope of the consultant's engagement, the
qualifications of the consultant, the identity of the consultant, if known, and the estimated
cost of the consultation This summary shall be made available to the applicant and the
applicant shall be given a'reasonable opportunity to comment on the proposal, which
comments shall be considered by the Planning Services Department, but shall not be
binding on it
'Amend Sec. 21-2-230. Waiver of submittal requirements.
,' The Planning Department may waive any part of the subrriittal requirements, other
than fees,' deemed irrelevant to the decision on the application, or determined to have
been addressed satisfactorily by another agency or department with proper junsdiction
Amend Sec. 21-2-240. Mineral estate notification.
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The applicant shall provide wntten certification required by C R S § 24-65 5-103 3,
if applicable Such certification shall be submitted on or before the date of the initial public
heanng referred to in C R S § 24-65 5-103(1)
Sec. 21-2-250. Reserved.
Sec. 21-2-260. Duties of Department of Planning Services.
A The Department of Planning Services shall be responsible for processing all
applications for permits pursuant to these 1041 Regulations , Upon receipt of a
submittal, the Department of Planning Services shall note upon the application the
date of its receipt Within twenty-eight (28) days of submittal, the Department of
Planning Services shall determine if the submittal is complete If the submittal is
considered incomplete, the applicant shall be notified of the deficiencies` and the
deadline to correct the deficiencies, which shall be one hundred twenty (120)'days
The Director of Planning Services may grant an extension, for good cause shown,
upon a wntten request by the applicant If no wntten request is submitted or if the
deficiencies are not corrected by the date specified by the Department of Planning
Services, the application shall be rejected
B Upon determination of the submittal being complete, the Department of Planning
Services shall notify the applicant and refer the application for review and comment
to those referral agencies deemed by the Department of Planning Services, in its
sole discretion, to be appropriate to the subject matter of the application
1 Should any agency impose a fee for such review, their fee shall be paid by
the applicant no later than the date of the Planning Commission heanng on
the application
2 The failure of any agency to respond within twenty-eight (28) days may be
deemed to be a favorable response
3 The reviews and comments solicited by the referral agencies are intended
to provide the County with information about the proposed activity The
Planning Commission and Board of County Commissioners may consider
all such reviews and comments and may solicit additional information if such
information is deemed necessary The reviews and comments submitted by
a referral agency are recommendations to the County The authority and
responsibility for making the decision to approve or deny the request for a
permit pursuant to these 1041 Regulations rest with the officials of the
County
C Within ninety (90) days of a complete submittal, the Department of Planning
Services shall prepare a staff report for the Planning Commission and Board of
County Commissioners, which shall address all aspects of the application, its
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conformance with applicable sections of the Weld County Code or any other
ordinance in effect, and comments received from agencies to which the proposal
was referred The staff report shall also be provided to the applicant
D Upon completion of the staff report, the Department of Planning Services shall,
within thirty (30) days, set dates for public hearings before the Planning
Commission and Board of County Commissioners, notify the applicant of such
dates, and arrange for legal notice of said hearings to be published once in a
newspaper of general circulation in the County designated by the Board of County
Commissioners for publication of notices The date of the hearing before the Board
of County Commissioners shall be not less than thirty (30) nor more than sixty (60)
days following the date of publication of the notice
1 The Department of Planning Services shall give notice of the application
and the public hearing dates to those persons listed in the application as
owners of real property located within one thousand three hundred twenty
(1,320) feet of the boundaries of the property proposed to be physically
disturbed, or in the case of a linear project extending more than one (1)
mile, surface owners of real property within five hundred (500) feet on either
side of the centerline of the proposed alignment and surface owners of real
property to be physically disturbed Such notice shall be mailed, first class,
not less than ten (10) days before the scheduled Planning Commissioner
hearing Such notice is not required by state statute and is provided as a
courtesy to surrounding property owners (the surface estate) Inadvertent
errors'by the applicant in supplying such list or the Department of Planning
Services in sending such notice shall not create a jurisdictional defect in the
hearing process, even if such error results in the failure of a surrounding
property owner to receive such notification
2 The Department of Planning Services shall post a sign on the property
under consideration with the case number, date, time, and location of the
hearings, location and phone number of the Department of Planning
Services, applicant's name and address, and type of request The sign shall
be posted adjacent to and visible from a publicly maintained road
right-of-way In the event the property under consideration is not adjacent
to a publicly maintained road right-of-way, one (1) sign shall be posted in
the most prominent place on the property and a second sign posted at the
point at which the driveway (access drive) intersects a publicly maintained
road right-of-way For any linear project more than two (2) miles in length,
a sign shall be posted along the proposed route approximately every two (2)
miles, or a greater distance if the total number of signs to be posted would
be more than ten (10)
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3. The Department of Planning Services shall notify referral agencies that
previously responded with comments of the hearing dates.
Division 3 — Permit Hearings
Amend Sec. 21-2-300. Permit hearing before Planning Commission.
A. The Planning Commission shall hold a hearing and provide a recommendation to
the Board of County Commissioners concerning the disposition of the request. The
Planning Commission shall recommend approval of the request for the 1041
Permit only if it finds that the applicant has met the standards or conditions set
forth in the 1041 Regulations governing the area or activity of state interest
involved in the application, as set forth in this Chapter, applicable to each such
area or activity of designation. The burden of proof shall be upon the applicant to
show compliance with such standards or conditions.
B. — No change.
Amend Sec. 21-2-310. Permit hearing before Board of County Commissioners.
The Board of County Commissioners shall hold a public hearing to consider the
application and to take final action thereon.
A. The Board shall consider the recommendation of the Planning Commission, the
facts presented at the public hearing, and the information contained in the official
record, which includes the Department of Planning Services' staff report and
recommendation.
B The Board shall approve the request for the 1041 Permit only if it finds that the
applicant has met the standards or conditions set forth in the 1041 Regulations
governing the area or activity of state interest involved in the application, as set
forth in this Chapter, applicable to each such area or activity of designation. The
burden of proof shall be upon the applicant to show compliance with such
standards or conditions.
C The Board shall reach a decision on a permit application within ten (10) days after
the completion of its hearing. A record of such action and a copy of the signed
Board resolution shall be kept in the files of the Clerk to the Board.
D In its sole discretion, the Board may require de minimus changes to the proposed
development; however. larger changes, including, but not limited to, changes that
alter the proposed location such that one (1) or more owners of property within one
thousand three hundred twenty (1,320) feet of the revised location (or five hundred
(500) feet for linear projects such as transmission lines) was not notified by mail of
the public hearing, shall require continuation of the hearing to allow staff to mail
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notice to such landowners Staff may also give referral agencies the opportunity to
revise their comments on the proposal The foregoing notwithstanding, a
completely different location from what was proposed shall not be approved The
applicant would need to submit a new application and fee with the new case
starting over from the beginning of the process
E Where reasonable methods or techniques are available to mitigate negative
impacts which could be generated by the proposed request upon the surrounding
r . area, the Board, in its sole discretion, may condition approval of the 1041 Permit
upon implementation of such methods or techniques, and may require sufficient
performance guarantees, ,unless otherwise provided for, to be posted with the
County to guarantee such implementation, as set forth in Section 21-2-410 of this
Article The Board may impose mitigation requirements and conditions on an
applicant as follows
- 1 The Board -shall make written findings that each such requirement and
condition is necessary to ensure that the proposed project will not result in
significant' adverse net effect on the resources, values, and conditions
referenced above
2 The Board shall also find, in writing, that each such requirement and
condition is necessitated by the proposed project
3 All such findings shall be based on material in the administrative record
F Approval may be issued for an indefinite term, and run with the land, or for a penod
of time as specified in the resolution Unless stated otherwise in the Board's
resolution, approval of a 1041 Permit runs with the land, and the applicant's
assigns, shall be bound by the same conditions and development standards as the
applicant
G If approved, staff from the Department of Planning Services or the Clerk to the
Board's office shall provide the applicant a copy of the conditions of approval,
one (1) of which will be submittal of the executed 1041 Permit Map for recording
in the office of the County ' Clerk and Recorder by the Department of Planning
Services, and payment of the recording fee by the applicant
Amend Sec. 21-2-320. Reserved.
Amend Sec. 21-2-330. Reserved.
Division 4 — Issuance, Revocation, or Suspension of Permits
Amend Sec. 21-2-400. Issuance of permits.
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A. Any approved 1041 Permit shall be limited to the items included on the approved
and recorded 1041 Permit Map and governed by the development standards
thereon.
B Building permits, certificates of occupancy, or other permits or licenses may be
withheld or conditioned upon compliance with the approved 1041 Permit Map and
installation of improvements shown thereon.
Amend Sec. 21-2-410. Financial security.
A. An Improvements Agreement regarding on -site and/or off -site improvements, in
accordance with Chapter 8, Article II, of this Code, may be required as a condition
of approval. Before any permit is issued, the Board of County Commissioners may,
in its discretion, require the applicant to file a guarantee of financial security
deemed adequate by the Board and payable to Weld County. If such a financial
guarantee is required, the Board shall include in its written decision findings as to
the reason for the security and the basis for the amount of security required. To
the extent feasible, the Board shall notify the applicant as soon as it concludes that
it may require financial security for the project, which notification may include the
Board's position at that time on the reason for the requirement and the amount of
security under consideration, so that the applicant may speak to such matters in
the public hearing on the permit.
B The purpose of the financial guarantee shall be to assure that the applicant or
permittee shall faithfully perform all requirements of the permit or applicable
regulations adopted by the Board of County Commissioners, which may include
decommissioning and reclamation to restore the property to a natural state or to a
condition reasonably similar to its condition prior to the proposed development if
the 1041 Permit is revoked by the Board in accordance with this Code.
C Any requirement for a financial guarantee shall be specified in the written decision
of the Board on the permit application. Such financial guarantee shall be made in
conformance with Article II, Improvements Agreements, of Chapter 8, Public
Works, of this Code.
Amend Sec. 21-2-420. Rescission of approval, revocation or suspension of permits,
vacation.
A. Prior to the recording of a 1041 Permit Map, any approval of a 1041 Application or
amendment to a 1041 Application may be rescinded by the Board of County
Commissioners, following a public hearing, for violation of any of the terms of this
Chapter or for failure to meet any condition of approval. The landowner shall be
notified at least ten (10) days prior to the hearing.
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1. Approval is not perfected and final until all conditions of approval are met
and the 1041 Permit Map is recorded in the office of the County Clerk and
Recorder by the Department of Planning. All conditions of approval shall be
met within one hundred eighty (180) days of the date of conditional approval
u nless another date is specified in the conditional approval. The Director of
Planning may grant cone -time extension of up to one hundred eighty (180)
days upon a written request by the applicant. If an extension expires or is
n ot requested, the Department of Planning Services shall schedule the item
for reconsideration by the Board at least ten (10) days after the applicant is
n otified. The Board may rescind the conditional approval and deny the
application or extend the deadline for meeting the conditions of approval.
2 A recording continuance fee in accordance with Appendix 5-J shall be
added to the recording fee if the conditions of approval are not met by the
o riginal deadline, and shall be reassessed every three (3) months beyond
the original deadline regardless of an approved extension.
3 If the Board of County Commissioners rescinds approval, County staff shall
draft a Board resolution setting forth the determination to be recorded in the
office of the County Clerk and Recorder.
B After recording of a 1041 Permit Map, any approval of a 1041 Application or
amendment to a 1041 Application may be rescinded or temporarily suspended by
the Board of County Commissioners, and an approved and recorded 1041 Permit
Map may be vacated, in whole or in part, by the Board of County Commissioners,
upon any of the following circumstances. If the Board of County Commissioners
rescinds the approval and vacates the 1041 Permit Map, County staff shall draft a
Board resolution setting forth the determination to be recorded in the office of the
County Clerk and Recorder. The resolution may require decommissioning and
reclamation of the property by the applicant.
1. Violation of any condition of approval or development standard or of any of
the terms of this Code. The process shall follow Section 2-4-40, Probable
cause hearings, and, if applicable, Section 2-4-50, Show cause and other
adjudicatory-type hearings, of this Code.
2 Failure to commence construction within three (3) years from the date the
1041 Permit Map is recorded, unless otherwise specified by the Board of
County Commissioners when issuing the original approval. The Director of
Planning may grant an extension of time, for good cause shown, upon a
written request by the landowner. Prior to vacation, a hearing shall be
scheduled with the Board of County Commissioners to provide the
landowner an opportunity to request that the application not be vacated, for
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good cause shown The landowner shall be notified at least ten (10) days
pnor to the hearing
3 Upon the expiration, if any, established in the original approval
4 Upon request of the applicant
5 Upon recommendation from the Department of Planning when there is
evidence the use approved in the application has been discontinued for a
period of three (3) consecutive years A hearing shall be scheduled with the
Board of County Commissioners to provide the operator and/or landowner
an opportunity to request that the application not be vacated, for good cause
shown The operator and landowner shall be notified at least ten (10) days
prior to the hearing
C The Board of County Commissioners or its authorized representative is hereby
empowered and directed to inspect and examine the use, occupation, or
development of or activity in each and every area or activity subject to these 1041
Regulations for the purpose of determining from time to time whether or not any
use, occupation, development, or activity is in violation of any of the provisions of
these 1041 Regulations or of any permit issued or required pursuant to these or
other applicable regulations If a violation is found to exist, the Board of County
Commissioners or its authorized representative shall by wntten order direct that
such remedial action be taken forthwith as will result in full compliance with the
applicable regulations, provided, however, that the issuance of such order shall in
no way or manner be deemed a prerequisite to the institution of such enforcement
proceedings as are set forth in these 1041 Regulations, and provided further, that
compliance with such order shall not necessarily be deemed to be a defense to
any alleged violation of these 1041 Regulations or other applicable regulations of
Weld County or the State of Colorado
Amend Sec. 21-2-430 Technical revisions and amendments.
A Changes other than technical revisions shall be considered 1041 Permit
Amendments, which shall require an application in accordance with this
Section 21-2-430 and approval by the Board of County Commissioners following
a public hearing at a regular meeting of the Board An amended 1041 Permit Map
may be required and, once approved and recorded, replaces any prior 1041 Map
for the same area
B Technical revisions are proposed changes to an approved and recorded 1041
Permit that the Director of Planning determines would have minimal impacts and
where the location of the proposed changes Is limited to the lots included on the
approved 1041 Permit, or to public right-of-way The Board of County
Commissioners delegates the authonty to approve technical revisions to the
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Director of Planning Services, who shall determine whether to notify any referral
agencies or departments Depending on the extent of the changes proposed, the
Director may require the applicant to provide a revised 1041 Permit Map, which
shall contain the signature blocks shown in Subsections A and C of Appendix 21-C
of this Code, and shall be recorded by the Department of planning Services after
payment of the recording fee by the applicant The Director of Planning is
authorized to sign a .1041 Permit Map revised for technical revisions on behalf of
the County If the Director determines the proposed change does not warrant a
revised map, a copy of a memo to the Board or letter to the applicant approving
the change shall be kept in the case file
C Applicants proposing amendments (other than technical revisions) shall submit a
complete application on a form provided by the Department of Planning Services,
including the application fee, per Section 21-2-210 of this chapter Application
requirements shall be the same as a new 1041 Permit, except for any requirement
waived by the Department , of Planning Services upon determination such
requirement is inapplicable to the proposed change Upon determination that the
application submittal is,complete, the Department of Planning Services shall
1 , Schedule a public hearing to take place at a regular meeting of the Board
of County Commissioners not more than thirty (30) days after the complete
application has been submitted
2 Give notice of the application and the public heanng date to those persons
listed in the application as owners of real property located within one
thousand three hundred twenty (1,320) feet of the boundaries of the
property proposed tolbe physically disturbed Such notice shall be mailed,
first class, not less than ten (10) days before the scheduled public heanng
Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate) Inadvertent errors by the
, applicant in supplying such list or the Department of Planning Services in
sending such notice shall not create a junsdictional defect in the hearing
process, even if such error results in the failure of a surrounding property
owner to receive such notification
3 Post a sign on the property under consideration for such permit The sign
shall be posted adjacent to and visible from a publicly maintained road
nght-of-way In the event the property under consideration is not adjacent
to a publicly maintained road nght-of-way, one (1) sign shall be posted in
the most prominent place on the property and a second sign posted at the
point at which the driveway (access drive) intersects a publicly maintained
road nght-of-way The sign shall be posted at least ten (10) days pnor to the
heanng, and include the following information
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a Permit number
b Date, place, and time of public hearing
c Location and phone number of the public office where additional
information may be obtained
d Applicant's name and address
e Type of request
4 Arrange for legal notice of said hearing to be published once in a newspaper
of general circulation in the County designated by the Board of County
Commissioners for publication of notices
5 Refer the application for their review and comment, to those referral
agencies deemed by the (Department of Planning Services, in its sole
discretion, to be appropriate to the subject matter of the application The
failure of any agency to respond within twenty-eight, (28) days may be
deemed to be a favorable response Recommendations of referral agencies
shall be considered, but thle decision whether to approve the' application
rests with the County
6 Prepare staff comments for use by the Board of County Commissioners
addressing all aspects of the application, its conformance with these 1041
Regulations and any other applicable code provision or ordinance in effect,
adopted master plans of affected municipalities, sound land u'se planning
practices, and comments received from agencies to which the proposal was
referred
7 Depending on the changes proposed, the Department of Planning Services
may require the applicant to provide a revised 1041 Permit Map, which shall
contain the signature bliocks shown in Subsections A and B of
Appendix 21-C of this Code, and shall be recorded by the Department of
Planning Services after payment of the recording fee by the applicant
D Approval is not perfected and final until all conditions of approval are met and the
1041 Permit Map, if required, is recorded in the office of the County Clerk and
Recorder by the Department of P arming All conditions of approval shall be met
within one hundred eighty (180) days of the date of conditional approval unless
another date is specified in the conditional approval The Director of Planning
Services may grant a one-time extension of up to one hundred eighty (180) days
upon a written request by the applicant If an extension expires or is not requested,
the Department of Planning Services shall schedule the item for reconsideration
by the Board at least ten (10) days after the applicant is notified The Board may
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rescind the approval and deny the application or extend the deadline for meeting
the conditions of approval
E A recording continuance fee in accordance with Appendix 5-J shall be added to
the recording fee if the conditions of approval are not met by the original deadline,
and shall be reassessed every three (3) months beyond the original deadline
regardless of an approved extension
Division 5 — Reserved
Article III — Site Selection and Construction of Major Facilities of a Public Utility
Sec 21-3-330. Application submittal requirements.
A In addition to the requirements in Section 21-2-240, an application for a major
facility of a public utility, as defined in Section 21-3-20, shall include a description
of similar facilities in the area and the region
B The applicant shall provide a map (separate from the 1041 Permit Map) of the
region showing the nearest power plants, substations, and transmission lines
(115 kV or greater)
C The application narrative shall include, as applicable, detailed information about
the power source and capacity, heights of proposed facilities, widths of existing or
necessary easements, and any other relevant elements of the project
Article IV - Reserved
Article VII - Site Selection and Construction of 1041 Solar Energy Facilities (as
Major Facilities of a Public Utility)
Sec. 21-7-330. Application submittal requirements.
A In addition to the requirements in Section 21-2-240, an application for a 1041 SEF,
as defined in Section 21-7-20, shall include a description of similar facilities in the
area and the region The applicant shall provide a map (separate from the 1041
Permit Map) showing the area within five (5) miles of the Improved Area and
indicating any existing and approved SEFs, as well as the location of any SEFs in
the permitting process The map shall also include transmission lines (115kV or
greater), substations, and other major facilities of public utilities
B The 1041 Permit Map provided shall indicate the location of all residences within
one thousand three hundred twenty (1,320) feet of the boundary of the Improved
Area and the approximate distance between each residence and the boundary
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The map shall also show any existing and proposed landscaping, fences, or other
screening between the residences and the Improved Area
C The application narrative shall include, as applicable, detailed information about
the generating capacity of the p gposed facility, maximum height of proposed
structures, and any proposed battery storage, overhead electrical lines, or
substations associated with the plroject The narrative shall also address weed
management measures, any grazing or other agricultural uses, landscaping and
revegetation, and any other visual mitigation to be performed ,°
Add APPENDIX 21-C —1041 Map Certification Blocks -
A Applicant certification
The undersigned agent(s) for the applicant(s) do(es) hereby agree to construct the
improvements as shown on the map hereon, including , but_not limited to; any required
mitigation measures, and to comply with the applicable requirements of the Weld County
Code and this 1041 Map and the development standardsvhereon I/we acknowledge that
failure to maintain compliance with Weld County Code and the_1041, Map could result in
suspension or rescission of the 1041 Permit by the Board of County Commissioners in
accordance with Chapter 21 of the Weld County Code, as well as,withholding of building
permits or other enforcement measures
Signature of applicant/agent
Printed name- Title
State of )
) SS
County of )
The foregoing instrument was acknowledged before me by
[insert name of applicant/agent]
on this day of , 20
Witness my hand and seal
My commission expires
Notary Pubic
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B Board of County Commissioners certification
This is to certify the Board of County Commissioners of Weld County, Colorado, does
hereby approve this 1041 Map this day of , 20
Chair, Board of County Commissioners
ATTEST
Weld County Clerk to the Board
By
Deputy Clerk to the Board Date
C Director of Planning Services certification for technical revisions
I hereby approve the technical revisions shown hereon this day of
20
Signature Date
State of Colorado)
) SS
County of Weld)
The foregoing instrument was acknowledged before me by on
this day of , 20
Witness my hand and seal
My commission expires
(Votary Pubic
Be it further ordained by the Board that the Clerk to the Board be, and hereby is, directed
to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections
as they currently exist within said Code, and to resolve any inconsistencies regarding
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capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and subsections in said Code.
Be it further ordained by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions
hereof. The Board of County Commissioners hereby declares that it would have enacted
this Ordinance in each and every section, subsection, paragraph, sentence, clause, and
phrase thereof irrespective of the fact that any one or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or
invalid.
First Reading: May 19, 2025
Publication: May 23, 2025, in the Greeley Tribune
Second Reading: June 2, 2025
Publication: June 6, 2025, in the Greeley Tribune
Final Reading: June 16, 2025
Publication: June 20, 2025, in the Greeley Tribune
Effective: June 25, 2025
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