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Weld County Code Ordinance 2025-05
a- 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
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repealed and re-enacted, with amendments, to read as follows.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 - Reserved 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.
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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.
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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.
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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.
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
2025-1362
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