HomeMy WebLinkAbout20251364.tiffMEMORANDUM
TO: Board of County Commissioners
DATE: May 19, 2025
FROM: Dawn Anderson, Planning Services
SUBJECT: First Reading Code Ordinance 2025-05
Planning Services, in collaboration with Public Works and with the support of the County Attorney's office,
is pleased to present Chapter 8 Code changes. The proposed changes are intended to comply with the
Intergovernmental Agreement (IGA) between Weld County and the State of Colorado Division of
Reclamation, Mining and Safety (DRMS). The IGA, dated April 21, 2025, was approved through Board
Resolution #2025-1076.
The IGA provides an exemption from Mining Permit requirements for operators performing ag land leveling
and/or ag reservoir dredging on unicorporated properties during the agricultural year, as long as a Weld
County permit is issued for such ag processes. These proposed Code changes outine the policy regarding
the new Ag Land Leveling and Ag Reservoir Dredging Permit which are being proposed under Article X of
Chapter 8 — Public Works of the Weld County Code.
Article X — Ag Laid Leveling and Ag Reservoir Dredging Permit Policy
• Section 8-10-10. Purpose and Intent
• Section 8-10-20. Definitions
• Section 8-10-30. Ag Land Leveling and Ag Reservoir Dredging Permit
• Section 8-10-40. Ag Land Leveling and Ag Reservoir Dredging Permit Application and Permit
Limitations
• Section 8-10-50. Administrative Fee
• Section 8-10-60. Appeal of denial of Ag Land Leveling and Ag Reservoir Dredging Permit
An additional Code change to Chapter 8, Article XII — Grading Permit Policy is being proposed to better
clarify that a gracing permit is also exempt if issued the new Ag permit.
Article XII — Grading Permit Policy
• Section 8-12-30.D.2. Include permitted agricultural land leveling and permitted agricultural reservoir
dredging to the exemption list.
Planning Services staff recommends approval of this Ordinance, as presented. I'm available to answer any
questions you may have.
2025-1364
CHAPTER 8 - Public Works
ARTICLE X Ag Land Leveling and Ag Reservoir Dredging Permit Policy
ARTICLX 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 reserioir 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" (col ectively, "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 remova of Materials during reservoir cleaning or agricultural land leveling operations to
enhance crop production during the agricultural year" See, Section 2 of AGREEMENT BETWEEN WELD
COUNTY AND THE STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY
INTERGOVERNMENTAL ("the IGA"), approved by and through the Board's Resolution # 2025-1076, 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 dunng the agricultural year Ag land leveling and/or ag reservoir dredging performed the
following agncultural year on the same properties requires the issuance of a new permit
Sec. 8-10-20. Definitions.
A Ag Land —I Land located in the (A) Agncultural Zone District and used pnmanly for the purpose of
FARMING
B Ag Reservoir— A water storage facility used pnmanly for the purpose of storing water applied
through Irngatlon 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
Weld County, Colorado, Charter and County Code
Created
Page 1 of 3
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
u pon submission of an application and fee, including the notarized signature of the authorized
o perator, 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. Tracking control may be required. Other best
management practices may be required if Weld County receives complaints about noise, dust,
o r 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. 8-10-30. 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."
Sa
Sec. 8-1040. Administrative fee.
Created: 2024-10-14 16:00:49 [EST]
(Supp. No. 89)
Page 2 of 3
All required fees shall be paid, in full, at the time of the Ag Land Leveling and Ag Reservoir Dredging
Permit application. The fee shall be as determined by resolution of the Board of County Commissioners.
Pe
Sec. 8-10`110. Appeal of denial of Ag Land Leveling and Ag Reservoir Dredging Permit.
If an application for a 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.
Created: 2024-10-14 16:00:49 [EST]
(Supp. No. 89)
Page 3 of 3
Sec. 8-12-30. Grading Permit.
A. Issuance of Grading Permit. A Grading Permit shall be issued only in compliance with the rules and
regulations set forth in this Article. In no event shall construction be allowed or permitted if it is detrimental
to the public health, welfare and safety or the grading and/or sediment and erosion control plans indicate
that the construction activities will be out of compliance with Federal or State laws and regulations.
B Necessity for Grading Permit. Unless an exemption exists, a Grading Permit is required for construction
activities that disturb over one (1) acre of land.
C. No Work Without Permit. No person or entity may surface disturb, grade, construct or excavate over one (1)
acre of nonexempted ground without first having obtained a Grading Permit from Weld County. In addition,
n o person or entity may grade, excavate, construct or leave disturbed and unstabilized over one (1) acre of
n onexempted ground beyond the date or dates specified in the Permit unless: (1) the person or entity
requests a written extension before the expiration of the initial Permit; and (2) a new Permit or extension is
granted. It is a violation of this Article to perform this work without a permit.
D. Exemptions. The following land disturbance activities are permissible without obtaining a Grading Permit,
u nless 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. Projects which involve less than a total of one (1) acre (43,560 square feet) of disturbed ground surface
or graded area, unless the Colorado Department of Public Health and Environment has required a
Storm Water Management Plan (SWMP) or Construction Storm Water Discharge Permit.
a. Individual lots in subdivision developments under the same ownership, involving less than one (1)
acre of disturbed area, shall not be considered separate projects if they are contiguous.
b. Any series of related projects or connected projects on one (1) site, which together exceed the
one -acre limitation, shall be considered a single project and shall be required to obtain a Grading
Permit. For example, several ten -thousand -square -foot segments that add up to over one (1)
acre total area that connect to form a road would be considered a single project and would
require a Grading Permit.
2. Tillage of agricultural land, permitted agricultural land leveling, and permitted agricultural reservoir
dredging is exempt from Grading Permit requirements.
3 Trenching incidental to the construction, maintenance and installation of approved underground
pipelines, electrical or communication facilities. However, a Grading Permit may be required for over
one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas,
accesses, drainage facilities, landscaping or other construction not directly in the pipeline trench.
4. Land disturbance or excavations in accordance with plans incorporated in a mining permit, reclamation
plan or sanitary landfill approved by the County. However, a Grading Permit may be required for over
one (1) acre of ground disturbed for construction of roads, driveways, buildings, parking areas,
accesses, drainage facilities, landscaping or other construction not directly in the mined area or landfill.
5. County capital improvement or County maintenance projects within a road right-of-way and temporary
construction easements (TCE).
6 Maintenance and cleaning of existing ditches, lakes, ponds and water storage reservoirs.
7 Maintenance and resurfacing of existing streets/roads, parking/outdoor storage areas, runways, and
sidewalks/trail systems.
Created: 2025-05-14 14:18:26 [EST]
(Supp. No. 90)
Page 1 of 2
8 Performance of emergency work necessary to prevent or mitigate an immediate threat to life or
property when an urgent necessity arses The person performing such emergency work shall promptly
notify Weld County of the problem and work required Any person performing such emergency work
shall immediately notify Weld County of the situation and the actions taken The Weld County Public
Works and/or Planning Services Director may, however, require such person to obtain a Grading Permit
to implement remedial measures to minimize erosion resulting from the emergency
9 Land disturbance incidental to the creation of irrigation water storage ponds Stockpiles that create
more than an acre of disturbed area may require a Grading Permit
10 Graves in cemeteries
11 Land disturbance associated with the construction of natural surface trails may be exempted by Weld
County except within designated MS4 areas, provided that the procedure outlined in this Article is
completed prior to commencement of any trail construction If exempted, the land disturbance
associated with the construction of natural surface trails shall generally conform with the performance
standards of this Article
(Weld County Code Ordinance 2011-10, Weld County Code Ordinance 2019-09, Weld County Code Ordinance
2023-16)
Created 2025-05-14 14 18 26 [EST]
(Supp No 90)
Page 2 of 2
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
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
Article X -,Aq 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 jLand 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 ad;acent properties to dry before removal.
Prior to April 211 2025, materials or sediment removed after agricultural land
leveling and/or agricultural reservoir dredging was sub:ect 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 commencements 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
2025-*
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First Reading
Page 2
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")z approved by
and through the Board's Resolution #2025-1076, datedApril 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 aq
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 Aq 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
to prevent the tracking of mud, dirt debris, gravel. or other materials 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.
2025-*
O R D2025-05
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C Deleted: FARMING
Deleted FARMLAND
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C
CDeleted: provide
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l
r Commented [JF1]: Maybe something about needing to 1
be completed within one agricultural year unless a new
Lbermit is issued? J
First Reading
Page 3
,Sec. 8-1040. Aq 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, anc 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 Aq 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 iregulations, such as air quality and/or water
quality regulations.
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 Aq
Reservoir Dredging Permit application. The required fee amount is indicated in Appendix
5-J of this Code
,Sec. 8-10100; Appeal of denial of Aq 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.
2025-*
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Deletea:.
Commented [JF2]: Perhaps add something like: "If the
deficiencies are not corrected within sixty (60) days, the
application shall be rejected.' Just so you have a
process to void Accela cases that sit incomplete.
Commented [DA3R2]: Good comment. I will look into
this and it may be a small request for second reading?
Commented [JF4]: Access permits could be
mentioned specifically.
Commented [DA5R4]: This will be addressed on the
application itself.
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Commented [JF7]: Not really necessary. Why would a
permit be denied? There's no criteria for denial. There's
nothing that says staff may deny the permit Maybe add
something saying the Board delegates the authority to
approve or deny the permits to DPS?
Commented [DA8R7]: Staffs denial could be that they
do not believe that the work is being completed for
agricultural purposes or that the request doesn't follow
the definition of agricultural year. I think Bruce wanted
the BOCC to have final say if this were to be the case.
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First Reading
Page 4
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 Tnbune
Second Reading June 2, 2025
Publication June 7, 2025, in the Greeley Tnbune
Final Reading June 16, 2025
Publication June 20, 2025, in the Greeley Tnbune
Effective June 25, 2025
2025-'
ORD2025-05
Hello