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HomeMy WebLinkAbout20251363.tiffNotice of Final Reading of Ordinance Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-05 was introduced on first reading on May 19, 2025, and a public hearing and second reading was held on June 2, 2025. A public hearing and final reading was completed on June 16, 2025, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. The effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick(c�weld.gov. Ordinance No. 2025-05 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public Works of the Weld County Code Effective Date: June 25, 2025 Board of County Commissioners Weld County, Colorado Dated: June 18, 2025 Published: June 20, 2025, in the Greeley Tribune Notice of Final Reading of Ordinance Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025.05 was introduced on first reading on May 19, 2025, and apppublic hearing and second reading was held on tune 1 ne let O25,bte orch a being m8denW the'"wt s' Bald Or dinance, and on motion duly made and seconded, was adopted. The effective date of said Ordinance is listed below. Any backup material exhibits or information previously submitted to the_eoard of County Commissioners_concerning ny weosne ai Commis- _ please send a Copy to eyestdclwelA.gov. Ordinance No. 2025-05 Ordlaaace Title In the Matter of RepeaOng and Reenacting, with Amendments, Chapter 8 Public Works of the Weld County Code iffeetive Date•. June 25, 2025 Board of County Commissioners Weld County, Colorado Dated: June 18, 2025 Published; June 20, 2025, in the Greeley Tribune - 2120292 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Ascent . being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that Is attached hereto is a true copy, published in the Gree/ey Tribune in Weld County on the following date(s): Jun 20, 2025 Subscribed and sworn to a before me this �Iday of kale (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099690 2120292 514.00 Notice of Second Reading of Ordinance Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-05 was introduced on first reading on May 19, 2025, and a public hearing and second reading was held on June 2, 2025, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 16, 2025. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225 prior to the day of the hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick(a�weld.gov. Ordinance No. 2025-05 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public Works of the Weld County Code Date of Next Reading: June 16, 2025, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: June 4, 2025 Published: June 6, 2025, in the Greeley Tribune o2��2S- /36.3 Notice of Second Reading of Ordinance Pursuant to the weld County Ilome Rule Charter, Ordinance Number 2425135 was Introduced on rlrst readiay an May 19. 2025, and apublic hearing and Second reading was heirs on time 2, 2025. with no change being made to the text of said Orcti• nance. A public hearing and third reading Is scheduled to be held in the Chambers of the Board, located within No Weld County Administration Builging, 1150 0 Street, Greeley. Colorado 80511. an lute 16f 2025. A4 persons in any manner interested in the reading of sold Ordinance are requested to attend and may be heard. in accordance with the Amerlcans with Disabtllties Act. If special accommodations are required in order for you to partici- pate €n this hearing, please contact the Clerk to the board's Office at (970) 400.4275 prior to the day Of the hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board al County Commissioners. located within die weld County Administration Ouiiding. 1154 0 Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 6:00 p.m., Monday thr4 Fri- day, a may be aCCessed through the Weld County wehsite (www.weld.gov). Email messages sent to an individual Commis. sioner may not be included In the case Flie. To ensure Inclusion of your email correspondence Into ere case fie, please send a copy to eges ckyweld.pnv. Ordinance NO. 7425.95 Ordinance Title: In the Matter of Repeating and Reenacting, with Amendments, Cho tei 8 Public Works of the Weld County Code Pate of Next Reading: June l6, 2025, at 9:00 a.rn. Board OF County Commissioners Weld County. Cotor ad0 Dated: tune 4, 2425 Puhllahed; June 6, 2025, in the Greeley Tribune - 2118211 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, _ Agent , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Gree/ey Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Jun 6 202 LO ,1 Signature l ubseribesi and swornjrinme this:emday of Notary Public (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099690 2116211 $17.50 Notice of First Reading of Ordinance Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-05 published below, was introduced and, on motion duly made and seconded, approved upon first reading on May 19, 2025. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 2, 2025. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225 prior to the day of the hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County website (www.weld.gov). Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick(cweld.ciov. Ordinance No. 2025-05 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public Works of the Weld County Code Date of Next Reading: June 2, 2025, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: May 21, 2025 Published: May 23, 2025, in the Greeley Tribune Ordinance Language: Weld County Code Ordinance 2025-05 In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public Works 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 090,25-134,3 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 Chapter 8 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. Chapter 8 Public Works Add as follows: Article X - Ag Land Leveling and Ag Reservoir Dredging Permit Policy Sec. 8-10-10. Purpose and intent. Agricultural lands in Weld County periodically need to be leveled to enhance efficiencies in cultivation and irrigation. Land leveling may result in the export of soil and other materials. Agricultural reservoirs utilized for water storage for irrigation periodically need to be dredged to remove sediment and to restore storage capacity. Dredged sediment may need to be collected and stockpiled on adjacent properties to dry before removal. Prior to April 21, 2025, materials or sediment removed after agricultural land leveling and/or agricultural reservoir dredging was subject to investigation by the Colorado Division of Reclamation, Mining and Safety ("DRMS") to determine if such activity required the issuance of a "110 Permit" or a "112 Permit" (collectively, "Mining Permit") prior to commencement. The investigation process often resulted in delays and unnecessary expense to the owners/operators. On April 21, 2025, the Board of County Commissioners of Weld County entered into an intergovernmental agreement with DRMS wherein DRMS agreed that no Mining Permit would be necessary "for operations where Weld County issues a permit when the primary purpose of the activity is for the removal of Materials during reservoir cleaning or agricultural land leveling operations to enhance crop production during the agricultural year." See Section 2 of Intergovernmental Agreement between Weld County and the State of Colorado Division of Reclamation, Mining and Safety ("the IGA"), approved by and through the Board's Resolution #2025-1076, dated April 21, 2025. The Ag Land Leveling and Ag Reservoir Dredging Permit is intended to comply with the terms of the IGA and to thereby provide agricultural operators in Weld County exemption from Mining Permit requirements when performing ag land leveling and/or ag reservoir dredging on unincorporated properties during the agricultural year. Ag land leveling and/or ag reservoir dredging performed the following agricultural year on the same properties requires the issuance of a new permit. Sec. 8-10-20. Definitions. A. Ag Land — Land located in the A (Agricultural) Zone District and used primarily for the purpose of farming. B. Ag Reservoir — A water storage facility used primarily for the purpose of storing water applied through irrigation canals, ditches, laterals, and/or pipes to irrigated farmland. C. Agricultural Year — From end of harvest in one calendar year to beginning of harvest the immediately succeeding year. Sec. 8-10-30. Ag Land Leveling and Ag Reservoir Dredging Permit. A. Issuance of Permit. An Ag Land Leveling and Ag Reservoir Dredging Permit shall be issued only upon submission of an application and fee, including the notarized signature of the authorized operator, affirming upon oath that the activity for which the permit is requested is within the purpose and intent of this Article X. Dredged sediment stockpiled for drying on adjacent properties may require assurances that best practices will be utilized to minimize sediment transport and dust emanating therefrom. The applicant may be required to implement tracking control measures onto public roadways. Other best management practices may be required of the applicant if Weld County receives complaints about noise, dust, or traffic generated by the operations. B. No Exemption Without Permit. To secure the exemption from Mining Permit requirements provided by the IGA, an Ag Land Leveling and Ag Reservoir Dredging Permit must be obtained by the operator prior to commencement of the activity. Sec. 8-10-40. Ag Land Leveling and Ag Reservoir Dredging Permit application and permit limitations. A. Complete Application Required. Applicants shall file a complete application for an Ag Land Leveling and Ag Reservoir Dredging Permit. Based upon the information provided in the application, additional submittals may be required by Weld County if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified by application, and is accompanied by the applicable fee. If an application is determined to be incomplete, Weld County shall provide notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. B. Permit Limitations. A Weld County Ag Land Leveling and Ag Reservoir Dredging Permit shall be valid only for the agricultural year in which it is issued. The issuance of the Permit does not exempt the operator from compliance with any other applicable Federal, State or County regulations, such as air quality and/or water quality regulations. C. Hold Harmless. The application and every Weld County Ag Land Leveling and Ag Reservoir Dredging Permit issued shall include the following language: "Applicant/Permit Holder, its agents, employees, subcontractors, contractors and assigns hereby agree to hold Weld County, Colorado, the agencies thereof and their officers and employees harmless from any and all loss and damage or any claims which may arise out of, or be connected with, the construction within the area covered by this permit; excluding any such loss and damage or any claims (including consequential damages) which may be caused solely by the negligence of Weld County, the agencies thereof, or its officers and employees." Sec. 8-10-50. Administrative fee. All required fees shall be paid, in full, at the time of the Ag Land Leveling and Ag Reservoir Dredging Permit application. The required fee amount is indicated in Appendix 5-J of this Code. Sec. 8-10-60. Appeal of denial of Ag Land Leveling and Ag Reservoir Dredging Permit. If an application for an Ag Land Leveling and Ag Reservoir Dredging Permit is denied by the County, or if the applicant objects to any of the terms or conditions of a permit thereby placed by the County, the applicant has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal procedures set forth in Section 2- 4-10 of this Code. Amend Sec. 8-12-30. Grading Permit, as follows: A. through C. — No change D. Exemptions. The following land disturbance activities are permissible without obtaining a Grading Permit, unless otherwise located within a designated Municipal Separate Storm Sewer Systems (MS4) area. The Department shall determine if the exemption is in accordance with the County's MS4 permit. Other permits, such as right- of-way, flood hazard or OWTS, may still be required. 1.a and 1.b — No change. 2. Tillage of agricultural land, permitted agricultural land leveling, and permitted agricultural reservoir dredging is exempt from Grading Permit requirements. Remainder of Section — No change. 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 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. Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado Notice of First Reading of Ordinance Pursuant to the Weld County Home Rule Charter, Ordinance Number 2025-05 published below, was introduced and, on mo- tion duly made and seconded, approved upon first reading on May 19, 2025. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 2, 2025. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in this hearing, please contact the Clerk to the Board's Of- fice at (970) 400-4225 prior to the day of the hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, between the hours of 8:00 a.m. and 5.00 p.m., Monday thru Fri- day, or may be accessed through the Weld County websrte (www.weld.gov). Email messages sent to an individual Commis- sioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to eyesick@weld.gov, Ordinance No. 2025-05 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 8 Public Works of the Weld County Code Date of Next Reading: June 2, 2025, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: May 21, 2025 Published: May 23, 2025, in the Greeley Tribune - 2115748 Ordinance Language: Weld County Code Ordinance 2025-05 In the Matter of Repealing and Reenacting, with Amend- ments, Chapter 8 Public Works of the Weld County Code B e 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 ad- ministering the affairs of Weld County, Colorado, and Whereas, the Board of County Commissioners, on Decem- ber 28, 2000, adopted Weld County Code Ordinance 2000-1, en- acting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a gener- al and permanent nature enacted on or before said date of adop- tion, 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 Com- missioners of the County of Weld, State of Colorado, that Chap- ter 8 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. Chapter 8 Public Works Add as follows: Article X - Ag Land Leveling and Ag Reservoir Dredging Permit Policy Sec. 8-30-10. Purpose and intent. Agricultural lands in Weld County periodically need to be leveled to enhance efficiencies in cultivation and irrigation. Land level- ing may result in the export of soil and other materials. Agricultural reservoirs utilized for water storage for irrigation periodically need to be dredged to remove sediment and to re- store storage capacity. Dredged sediment may need to be col- lected and stockpiled on adjacent properties to dry before re- moval. Prior to April 21, 2025, materials or sediment removed after agri- cultural land leveling and/or agricultural reservoir dredging was subject to investigation by the Colorado Division of Reclamation, Mining and Safety ("DRMS") to determine if such activity re- quired the issuance of a "110 Permit" or a "112 Permit" (collec- The undersigned, Agent , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks In Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Mav 23, 2025 �Subscribe andayof w. sworn to e b fo i e thisr�'C � _L No ry Public (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099690 2115748 5113.50 tively, "Mining Permit") prior to commencement. The investiga- tion process often resulted in delays and unnecessary expense to the owners/operators. On April 21, 2025, the Board of County Commissioners of Weld County entered into an intergovernmental agreement with DRMS wherein DRMS agreed that no Mining Permit would be necessary "for operations where Weld County issues a permit when the primary purpose of the activity.is for the removal of Materials during reservoir cleaning or agricultural land leveling operations to enhance crop production during the agricultural year." See Section 2 of Intergovernmental Agreement between Weld County and the State of Colorado Division of Reclamation, Mining and Safety ("the IGA"), approved by and through the Board's Resolution #2025-1076, dated April 21, 2025. The Ag Land Leveling and Ag Reservoir Dredging Permit is in- tended to comply with the terms of the IGA and to thereby pro- vide agricultural operators in Weld County, exemption from Min- ing Permit requirements when performing ag land leveling and/or ag reservoir dredging on unincorporated properties dur- ing the agricultural year. Ag land leveling and/or ag reservoir dredging performed the following agricultural year on the same properties requires the issuance of a new permit. Sec. 8-10-20. Definitions. A. Ag Land - Land located in the A (Agricultural) Zone District and used primarily for the purpose of farming. B. Ag Reservoir - A water storage facility used primarily for the purpose of storing water applied through i gation canals, ditches, laterals, and/or pipes to irrigated farmland. C. Agricultural Year - From end of harvest in one calendar year to beginning of harvest the immediately succeeding year. Sec. 8-10-30. Ag Land Leveling and Ag Reservoir Dredging Per- mit. A. Issuance of Permit. An Ag Land Leveling and Ag Reservoir Dredging Permit shall be issued only upon submission of an ap- plication and fee, including the notarized signature of the au- thorized operator, affirming upon oath that the activity for which the permit is requested is within the purpose and intent of this Article X. Dredged sediment stockpiled for drying on adja cent properties may, require assurances that best practices will be utilized to minimize sediment transport and dust emanating therefrom. The applicant may be required to implement tracking control measures onto public roadways. Other best manage- ment practices may be required of the applicant if Weld County receives complaints about noise, dust, or traffic generated by the operations. B. No Exemption Without Permit. To secure the exemption from Mining Permit requirements provided by the IGA, an Ag Land Leveling and Ag Reservoir Dredging Permit must be ob- tained by the operator prior to commencement of the activity. Sec. 8-10-40. Ag Land Levelin, and Ag Reservoir Dredging Per- mit application and permit limitations. A. Complete. Application Required. Applicants shall file a com- plete application for an Ag Land Leveling, and Ag Reservoir Dredging Permit. Based upon the information provided in the application, additional submittals may be required by Weld County if sufficient information was not provided for review of the application. An application shall be considered complete if it is submitted in the required form, includes all mandatory infor- mation, including all supporting materials specified by applica- tion, and is accompanied by the applicable fee. If an application is determined to be incomplete, Weld County shall provide no- tice to the applicant, along with an explanation of the applica- tion's deficiencies. No further processing of the application shall occur until the deficiencies are corrected in a future resubmittal. B. Permit Limitations. A Weld County Ag Land Leveling and Ag Reservoir Dredging Permit shall be valid only for the agricultural year in which it is issued. The issuance of the Permit does not exempt the operator from compliance with any other applicable Federal, State or County regulations, such as air quality and/or water quality regulations. C. Hold Harmless. The application and every.Weld County Ag Land Leveling and Ag Reservoir Dredging Permit issued shall in- clude the following language: "Applicant/Permit Holder, its agents, employees, subcontractors, contractors and assigns hereby agree to hold dg County, Colorado, the agencies there- of and their officers and employees, harmless from any and all loss and damage or any claims which may arise out of, or be connected with, the construction within the area covered by this permit; excluding any such loss and damage or any claims (in- cluding consequential damages) which may be caused solely by the negligence of Weld County, the agencies thereof, or its offi- cers and employees." Sec. 8-10-50. Administrative fee. All required fees shall be paid, in full, at the time of the Ag Land Leveling and Ag Reservoir Dredging Permit application. The re- quired fee amount is indicated in Appendix 5-J of this Code. Sec. 8-10-60. Appeal of denial of Ag Land Leveling and Ag Reser- voir Dredging Permit. If an application for an Ag Land Leveling and Ag Reservoir Dredging Permit is denied by the County, or if the applicant ob- jects to any of the terms or conditions of a permit thereby placed by the County, the applicant has the right to appeal the decision to the Board of County Commissioners, m writing, uti- lizing the appeal procedures set forth in Section 2-4-10 of this Code. Amend Sec. 8-12-30. Grading Permit, as follows: A. through C. - No change D. Exemptions. The following land disturbance activities are permissible without obtaining a Grading Permit, unless other- wise located within a designated Municipal Separate Storm Sewer Systems (MS4) area. The Department shall determine if the exemption is in accordance with the County's MS4 permit. Other permits, such as right-of-way, flood hazard or OWTS, may still be required. 1.a and 1.b - No change. 2. Tillage of agricultural land, permitted agricultural land lev- eling, and permitted agricultural reservoir dredging is exempt from Grading Permit requirements. Remainder of Section - No change. 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 con- tained herein, to coincide with chapters, articles, divisions, sec- tions, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, di- visions, sections, and subsections in said Code. Be it further ordained by the Board, if any section, subsec- tion, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such deci- sion shall not affect the validityof the remaining portions here- of. 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 ir- respective of the fact that any one or more sections, subsec- tions, paragraphs, sentences, clauses, or phrases might be de- clared to be unconstitutional or invalid. Hello