HomeMy WebLinkAbout20251368.tiffWeld County Code Ordinance 2025-07
First iwet,
57/9/20.25
IVA In the Matter of Repealing and Reenacting, with Amendments Chapter 2
p g 9> p
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hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
1041 permits under Chapter 21 (but not -including permits undef Article V of
Chapter 21): 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
2025-1368
ORD2025-07
First Reading
Page 2
Amend Sec. 21-1-20. Purpose and findings.
i
i
i
A. Purpose and intent. The purpose and intent of the Section 1041 Regulations is to
facilitate identification, designation and administration of matters of state interest
consistent with the statutory requirements and criteria 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 ("A-ASISAASIA"), 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 authority to adopt
the Weld County Home Rule Charter to ensure self-determination and to promote the
health, safety, security and general welfare of the people of Weld County.
Amend Sec. 21-1-40. Applicability.
the 1041 Regulations shall
designation of -an- : - - = s - . .. - . - • terest or any activity of
state interest which has been or may hereafter be designated by the Board of
any such area --or activity
within the County, unless specifically excepted pursu-ant to the provisions of the
le Article of this Chapter 21.
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
2025-1368
O R D202 5-07
First Reading
Page 3
J
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
c With respect to which a development plan was conditionally or finally
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.
D 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. Exemptions.Reserved
The portions of the 1041 Regulations authorized exclusively under Section 24
rrent building
2025-1368
ORD2025-07
First Reading
Page 4
permit issued l -y the -Co-unty; (b) the specific development or activity h -ad --been approved
by the electorate of the Cou-nty; or (c) the specif = - — = = •• - • = - = : — - • . (i) whic y or finally approved by the County for planned unit
a
has been zoned by the County for the use contemplated by such development or activity;
by the County.
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 criteria in C.R.S. § 24-65.1-202 and § 24-65.1-204 control if the 1041
Regulations are less stringent. In the event the 1041 Regulations are found to be
less 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, the statutory criteria
shall control.
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. The 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, reg. area,
intergovernmental agreement, building codes, individual sewage--d-isposalon-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
2025-1368
ORD2025-07
First Reading
Page 5
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, and IV, V, VI, VII, or VIII of this Chapter 21. The Board of County
Commissioners shall also be generally empowered to hear appeals from any person
aggrieved by any decision of the Planning Director 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.
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 Board of Cou-nty CommissionersClerk 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 hearings, pursuant to Sections C.R.S. §§ 24-65.1-404(2)(b)
and 24-65.1-501(2)(c) C.R.S. 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 hearings before the Board are posted on the Weld County website,
www.co.weld.co.uswww.weld.gov.
2025-1368
ORD2025-07
First Reading
Page 6
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
Board of County CommissionersDirector of Planning Services.
Remainder of Section — No change.
Amend Sec. 21-1-230. Matters to be considered at designation hearing.
At the public hearings on designation, Planning -Commis-sion. to the extent
applicable. ano the Board of County Commissioners shall consider such evidence as they
deem appropriate, including, but not limited to, testimony and documents addressing the
following considerations:
A. — Nc change.
B. The matters and considerations set forth in any applicable guidelines for
designation issued by applicable state agencies.
C. through E. — No change.
F. —he applicable criteria for administration of the proposed area or activity as set
forth in these regulations and Section C.R.S. §§ 24-65.1-201, et seq., C.R.S.
G the legislative declarations stated in sections C.R.S. §§ 24-65-102, 24-65.1-101
and 29 20-102. E.R.S.
H. The Comprehensive Plan set forth in Chapter 22 of this Code. the Regional
Ur-banszation Area Plan set forth in Chapter 26 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. The recomi
B. and C. — No change.
2025-1368
ORD2025-07
First Reading
Page 7
D. No additional public input, either oral or written, shall be accepted for the record by
the Board of County Comm-is-sioners after the hearing is closed, except as
specifically permitted by the Board.
Amend Sec. 21-1-250. Reserved
A. The Board of County Commissioners shall coil
1 A copy of the notice of the hearing.
3 The names and addresses of persons who presented written or oral
statements or offered documentary evidence.
4 Any written statements or documents presented in support of or in
e�esiEiea-4e-fpt�pro�sed�JesignaEien-efi
tka�matier
^f�1^10
-n�e�ec�
i
rea of state i-nterest designated.
B Any person may, at his or her own expense, provide for the recording of the hearing
transcript thereof, if transcribed, shall be furnished free of charge to the Board of
of the record .
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. §§ Section 24-65.1-101, et seq., C.R.S., 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
2025-1368
ORD2025-07
First Reading
Page 8
designate such matter by resolution and adopt regulations for the administration
thereof by ordinance.
D Each designation order resolution adopted by the Board of County Commissioners
shall:
1. Specify the boundaries of the designated area of state interest or the
boundary of the area in which an activity of state interest has been
designated.
2 — No change.
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 change. Such regulations shall be considered the "guidelines" referred
to in C.R.S. §§ 24-65.1-101, et sea.
Amend Sec. 21-1-290. Effect of designation - moratorium until final determination.
Except f procedures set forth in
Articles V of this Chapter 21. afterAfter 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 disputesCombined designation and permit hearing.
If a person proposes to engage in development in an area of state interest or to
conduct an activity of state interest not previously identifi
ndments are pending, the Board of
designation
and
regulations
as well
as
for
gra
development or to conduct an a
are finally determined 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.
he authority to engage to
2025-1368
ORD2025-07
First Reading
Page 9
Article II - 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 designationActivities requiring
permits.
of state interest, or
to conduct o designated activity of state interest once designated pursuant to these
Section 1041 Regal t-i= • , •• - - :: : . - :::. - _ : - .. :.. . - _:. -
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
recorded 1041 Permit, shall submit an application 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
2025-1368
ORD2025-07
First Reading
Page 13
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. ReservedSpecific act+v+tie
.
A. _
$ S
an enclave -within the mu
,
Upgrades to existing fa
•
e preceding Section 21 2-10.
are locatedon-unincorporated land that is
enance or otherwise required
by federal, state or County regulations, including r-epairing or replacing old or
ies, provided
that the improvements- do- not expand levels of service beyond design capacity,
. • : :: : - : . - • - • . • - - = : .: - : - es not alter the location of the existin-g
facility.
D Any system, extension or project necessary to ser
r
,
as set forth in- this Code (with the exception of uses reviewed solely under Section
*of the following criteria:
1 That the service provider obtains a specific exemption from the Planning
Director, approval or denial of which may be appealed to the Board of
-fifteen (15) d
exemption shall be based on the conclusion that review of the proposed
Exemption under this Section is not subject to the procedures set forth in
his Code.
2 That the Board of County Commissioners specifies in its approval of the
subdivision or other lend use that separate review of the system, extension
or proposal is not necessary under the- Section 1041 Regulations.
,
is any one (1) of th
:ected by a site specific
2025-1368
ORD2025-07
First Reading
Page 11
?. Has a complete application filed and in process for a discretionary County
C.R.S), provided that the applicant (if a public entity) formally commits to
application.
3 yasCounty land use permit issued: (i) within the preceding ninety (90)
days; (ii) within the previous two (2) years and on which work has
ly purs-ued or completed; or (ii-i) as to which
provided in Chapter
23 of this Code.
Any system, extension or project otherwise covered under Section 21 2 10, above,
Planning Department no
later than the effective date of the amendment of the Code to include these Section
Board, at a public hearing of which the proponent shall receive reasonable prior
notice, that:
or engineering of the system, extens-ion Or project o -n or before the date of
designation.
Amend Sec. 21-2-30. Reserved.
.. .
A. The Planning Department shall determine the applicability of these Section 1041
nd•ar days a
receives a written request containing adequate information for the Planning
Department to make a determination. Notice of such determination shall be
published in the next issue of the newspaper of general circulation in the County
by the decision of the Planning C
ft=
of County Commissioners no later than ten (10)
ays after the date of the Planning
set forth in Section 2 4 10 of this Code.
2025-1368
ORD2025-07
First Reading
Page 12
B. The Board of Got+nzy Commissioners sha ring on the appeal
to be held no more than thirty (30) days after the appeal is filed.
C For the purpose of deciding the appeal, the Board may require the applicant to
provide a description and declaration of the scope of the activity -.-
Planning Department erred in the decision to include or exclude the activity from
the Section 1041 Regulations.
The Board's decision shall be final for purposes of an appeal under Rule 1-0-6,
C.R.C.P. Division 2 — Permit Application
Amend Sec. 21-2-200. Permits required after designation; receipt of application
form.General application requirements.
Any person desiring to engage in a -development, expansion or project
subject to the l submit an --application for a
permit in a - .... .-.. ._ ....._. ..._.
epted or processed unless it is -complete. The
ees, maps, plans and reports required by
these Section 1041 Regulations. A request for waiver of submission
e- t -ion 1041 Regulations shall not render the
application incomplete. If the application is considered incomplete by the
Planning Department, tfh-e Planning Department shall specify what
n is required. An application need not meet the
submission requirements fo• ular development
alternative for which a per-mit is being so-J�h# i-n order for the application to
be considered corn-
complete by the
I note
seeks a permit to engage in development in more than
:o conduct more than one (1) activity of state
interest, or to engage in develo •• - - : - to conduct one (1) activity of state interest,
elopments and may be reviewed by
C In addition- to the substant-i-ve inform-ation specified in these Section} 1041
ion
must
designate
for
the
ail agents
hority
be
must also submitted.
2025-1368
ORD2025-07
First Reading
Page 13
application.
Assessor of the owners of property (the surface
three hundred t - • , _ ! - - _ • - :
proposed to be ph : : • : , - -
ewer side of the centerline of the proposed alignment. The source of such
list shall be the r
from a title or abstract company or -attorney derived from such records, or
assembled from the records of the County Assessor, the applicant shall
submission date.
F The applicant she
addresses of
land being considered. The list shall be prepared from the real property
a date no more than thirty (30) days prior to the date the application is
submitted t
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 ap_plicable. The application must designate all agents for the
applicant. The applicant shall be bound by any agreements made by the agent(s).
D Draft 1041 Permit Map.
1. At the time 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.
2025-1368
ORD2025-07
First Reading
Page 14
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 description for the area of
development shall be provided. For the purposes of identifying surrounding
property owners to be notified of public hearings, the boundaries 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 cone -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 perimeter of the proposed project area.
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, rivers, ponds, and reservoirs.
f Locations and names of public roads.
2025-1368
ORD2025-07
First Reading
Page 15
9
Any other relevant information within a one -half -mile distance of the
perimeter of the proposed project area 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. Boundaries 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 boundaries
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 respective owners' names (may be shown on
✓ icinity 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
n earest property line. Elevation drawings may be required.
e All adjacent public road rights -of -way of record (including road
n ames and reception numbers or other information on the creation
of the right-of-way). Limits of the existing gravel or pavement shall
be shown.
f Existing and proposed access(es) including use classification, radii,
and width.
g
All hydrographic features including irrigation ditches/canals, streams,
rivers, ponds, and reservoirs (including names).
h Location and design of proposed stormwater management
improvements.
i Location of any special flood hazard area, geologic hazard area,
airport overlay district.
2025-1368
O R D202 5-07
First Reading
Page 16
J
Proposed lighting including locations and a dimensioned elevation
drawing of any light poles and the cutsheet of any light fixture
including the shield design.
k. 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 material, 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
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.
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 (during construction) and permanent mitigation
measures.
1.5. 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.).
2025-1368
ORD2025-07
First Reading
Page 17
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 description of the relationship 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.
f Describe any environmental impacts of transportation to and from
the project and any proposed road or intersection improvements.
g
Describe 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. Describe 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:
2025-1368
ORD2025-07
First Reading
Page 18
1) Floodplains, waterways, wetlands, and riparian 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.
i Environmental impact analysis of alternative locations may be
required.
i Hazards and emergency procedures:
a Describe hazards, if any, of fire, explosion, leak, or other dangers to
the health, safety, and welfare of employees and the general public.
a:b. Describe 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 Describe 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 describe mitigating measures to be taken to
reduce danger due to such natural hazards.
S 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.
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.
2025-1368
ORD2025-07
First Reading
Page 19
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. The 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.
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.
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.
2025-1368
ORD2025-07
First Reading
Page 20
b
c
All labor, equipment, transportation, and disposal costs associated
with the removal of all facility components from the facility site.
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 materially 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
f 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
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 asix-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
2025-1368
ORD2025-07
First Reading
Page 21
following such notice from the Board for failure to commence,
maintain progress, or 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.
M 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.
N Sewage disposal documentation, if applicable, as determined by Planning
Services.
O The names and addresses of any owner and/or operator of any oil and gas
facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc., on the
property.
P 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 alignment 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 derived 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
certify that such list was assembled within thirty (30) days of the application
submittal date.
Q 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
hearing 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.
2025-1368
ORD2025-07
First Reading
Page 22
r
• - - e+��--wit-h-�
processing expenses --to be
or the application.
which
is mailable
from
t
ment reserves
the
Each application shall be accompanied by the payment of an application fee which
shall be set by the Board of Count
this Code per the fee schedule in Appendix 5-J. County staff is not authorized to negotiate
fees and may not waive, reduce, nor amend the required fee. The applicant may withdraw
their application at any point during the process, but fees are not refundable.
Amend Sec. 21-2-220. Consultants.
A 4
r
may authorize
- - -••-• --of an
e to adequately advise the County
Pia-n-r-i-ng Depa r#�ent Director
consultant engaged for such
Depaent. Whenever possible, the need for a
es for such
consultant shall be paid for by :he applicant on a "cost plus fixed fee" basis, or
Planning Department may consider the technical expertise
r = • = - = - = - . - ndependent consultant. If the Pt
which
shall
describe
the
scope
the
the
proposed
of consultant's engagement,
the consultation. This -
the proposal, -which comments shall be considered by the Planning Department,
but shall not be binding on it. The Planning Department shall then respond to the
raw the
application
to
as an alternative
area of the awl
paid for by the applicant.
C Professional qual+
1. A professional consultant may not be necessary for alb a-pplications. The
2025-1368
ORD2025-07
First Reading
Page 23
drainage, utilities, soils, grading, roads, structures, pollution
mitigation devices an -d other civil engineering work for the protect
must be certified by a registered Colorado Professional- Engineer, or
requirements by state statute.
b All documents containing land survey descriptions must be certified
All data and plans submitted for review must shove the qualifications of the
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 authorize the
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 submission- submittal requirements.
The Planning Department may waive any part of the submission submittal
requirements, other than fees, deemed which are not irrelevant to the decision on the
application, which the applicant convinces the Planning Department are unreasonably
burdensome for th-e applicant, or which the Manning Departm-enr determinesd to have
been addressed satisfactorily by another agency or department with proper jurisdiction.
Amend Sec. 21-2-240. iMineral estate notification.
2025-1368
ORD2025-07
First Reading
Page 24
The applicant shall provide written 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
hearing referred to in C.R.S. § 24-65.5-103(1).Upon the request of the State of Colorado
�+ of the State as defined by Section 29 1 202(1), Q.R.S., propos+ng
to engage in an area or activity of state interest, the requirements of these Section 1041
mit
as provided by these Section 1041 Regulations. In the event such an agreement is
application to conduct the activity or area of state
ligation to do so,
A. The State or political subdivision
unty must both be
Co oraco Constu:ion, anc Secio-ns 29
201 et seq., 29 20 105 and 29 20 107, C.R.S., to enter into such agreement.
B. The purpose and intent of the Section 1041 Regulations must be satisfied
by the terms of the agreement.
C. A public hearing must be cond
in conformance with the provisions of these Section 1041 Regulations for hearing on a
: - . - :: • - . : - •- .:: . • : • , with the exception that rtation"
hearing, the Board of county Commissioners shall approve the form of any proposed
intergovernmental agreement, subject, however, t at the
d upon the evidence presented
there. The public hearing shall be for the purpose -of taking comment upon the proposed
intergovemmentakagreement, the provisions of which have been determined to be
acceptable to the applicant and to the County.
D. Both the Board of county Commissioners and the State or the governing
required of each of them by the Colorado Constitution, statutes and any applicable
charter. ordinance or resolution.
B. Exercise of the provisions of this Section 21 2 240 by the State or political
the permit provisions of these Section 10'1 Regulations. Additionally, any entity which
has previously proceeded under the permit provisions of these Section 1041 Regulations
may at any time elect ;o proceed instead under this Section.
Sec. 21-2-250. Application processingReserved.
to these
Section 1041
Regulations.
All
requests for such
shall
be reviewed
by the
permits
2025-1368
ORD2025-07
First Reading
Page 25
and coy
Sec. 21-2-260. Duties of Department of Planning Services.
A. - The Department of + +-arming Services shall be responsible fo-r processing all
B. Upon determination that the application submittal is complete, the Department of
Plan-n-ing Services shall:
Set a- Planning Commission hearing date to take place not more than thirty
2 Give notice of the application and the public hearing date to those persons
three hundred twenty (1,320) feet of the boundaries of the property
- line
either side of the centerline of the
holders (excluding mineral interests) i-n any real property proposed to be
than ten (10) days before the scheduled public hea-rir}g. 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
notice s gala not create a jurisdictional defect in the ~earir ss, even if
such error res-u4ts in the failure of a s-u-rr pr property owner to receive
such notification.
3 G-ive notice of the application and
listed
in the
owners and
lessees
of
the mineral
estate on or
application as
n-ot+ce is not requ-ired b -y state statute and is provided as a courtesy to the
errors
hearing process, even if such error res-alts in the failure of a surrounding
property owner to receive such notification.
2025-1368
ORD2025-07
First Reading
Page 26
A -sign shall be -posted for the applicant ors -tie pr ation
consideration is not
second sign posted at the point at which the driveway (a-ccess drive)
intersects a p .: •• . • . - - : :.: _ ht -of -way. The sign shall be posted
at least ter} (10) days prior to the hearing, and include the following
information:
a. Permit number.
b. Date;
c.
is hearing.
d. Applicant's name and address.
e. Size of parcel of land.
f. Type of request.
public office where additional
However, +n lieu of the posting requirement herein,
s more than one (1) mile in length sh
least owe in the newspaper designated by the Board of County Commissioners for
publication of notices a minimum of ten (10) days prior to the -hearing date. The
ig the proposed alt
= _ation. The advertisement for an electric
a des
24 65.5 103, G.R.S.
5. Arrange for legal noti-c
of general circulation in the County designated by the Board of County
Commissioners for publication of notices. Such notice shall also be given to
a designation h
publish the second notice shall not create a jurisdictional defect in the
rearing pr shall be at least ten (10) days prior
to the hearing.
2025-1368
ORD2025-07
First Reading
Page 27
6. Refer the applicat mment to those referral
agencies deemed by the Department of Plannin-g Services, in its sole
discretion, to be appropriate to the subject matter of the application. The
agencies named shall respond within twenty eight (28) days after the
ion. The failure of any agency to respond
within twenty eight (28) days may be deemed to be a favorable response to
the Pla-nn+n-g Commission. The reviews and comments solicited by the
•
reviews and comments submitted by a referral agency are
the decision to approve or deny the request for -a permit pursuant to these
aspects of the application, its conformance with these Section 1041
practices, and comments received from agencies to which the proposal was
referred.
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 written request by the applicant. If no written 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 hearing on
the application.
2025-1368
ORD2025-07
First Reading
Page 23
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
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.
2025-1368
ORD2025-07
First Reading
Page 29
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).
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 to consider the application for the
Section 1041 Section 21 2 26.0 B-.1. The Planning
Commission shall and provide a recommendations to the Board of County
Commissioners concerning the disposition of the request. The Planning
Commission shall approve recommend approval of the request for the Section?
1041 Permit only if it finds that the applicant has met the standards or conditions
set forth in the Section 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.
A. The Board of County Commissioners shall:
1. Set a Board of County Commissioners public hearing, to take place not
more than forty five (45) days after receipt of the Planning Commission
2 _
proposed Section 1041 Permit.
of general circulation in the County designated by the Board of County
2025-1368
ORD2025-07
such notification.
First Reading
Page 30
ve n to
other persons and entities in the same manner as set forth for the notice of
a-d-esignation hearing. At the discretion of the Board, e second notice may
permit activity is proposed. Failure to publish the second notice shall not
create a jurisdictional defect in the hea-ring process. The date of publication
-3 Give notice of the applic
three hundred twenty (1,320) feet of the boundaries of the property
proposed to be physically disturbed, except for transmission line or pipeline
rfaee properly owners for five hundred (500) feet on
either side of the centerline of the propose
holders (excluding mineral interes
- - - • - • - • • - - - I be mailed, first class, not less
than ten (10) days before the scheduled public hearing. Such notice is not
notice shall not create a jurisdictional defect in the bearing process, even if
in the failure o
Give notice of # e -e application and the public hearing date to those persons
listed in the a • - - .. - - - . - ... - - - .. .
under the parcel under consideration. Such notification shall be mailed, firsi
class, not less than ten (10) days be
notice is not required by state statu#- . • = = = : - :. - . - - = . -
owners and lessees of the mineral estate on or under the parcel. Inadvertent
errors by the ing such list or the Board of County
#e a jurisdictional
defect in the hearing process, even if such error results in the failure of a
o receive such notification.
5 Arrange f. .- ._. ..._. .... -.. - .. .. .. ._
property under consideration for a Section 1041 Permit according to the
requirements of Section 21 2 260 B.4 of this Article.
B. The Board of county commissioners shall hold a public hearing to consider the
request, the Board of County Commissioners shall consider the recommendation
2025-1368
ORD2025-07
First Reading
Page 31
of Planning Services case file, the Board of County Commissioners shall approve
the request for the Section 1041 Permit only if it finds that the applicant has met
the standards or conditions set forth in the Section 1041 Regulations governing
the area or activity of state interest involved in the application, as set forth in this
a-p-p4iEation within ten (10) days after the completion of the permit hearing. or the
>proved. An application deemed complete by the
of a public utility, as such term is described in Article III of this Chapter, shall
receive a decision from the Board of County Commissioners within ninety {90}
he requirements set forth in
Section 29 20 108, C.R.S.
C Where reasonable methods or techniques are available to mitigate any negative
impacts which could be generated by the proposed request upon the surrounding
area, the Board of County
the Section 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.
D Upon the Board of County Commissioners maki-ng its fin -a4 decision, a resolution
a -copy of the resolution will be kept in the files of the Clerk to- the Board.
E If the Section 1041 Permit is approved, the Board of County Commissioners shall
Plan map with the County Clerk and Recorder.
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
2025-1368
ORD2025-07
First Reading
Page 32
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
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
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 period
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.
2025-1368
ORD2025-07
First Reading
Page 33
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
•
In cases in which the development or activity must also comply with other
provisions of County zoning or subdivision regulations, the permit hearings required by
these S ay be held at the same time as the public hearings on
ers.
Amend Sec. 21-2-330. ReservedJudicial review.
judicial review of a fin -at d-ecision of the Board of County
Commissioners shall be initiated within thirty (30) days after the decision is made, in the
roval of Section 1041 Permits
it
is described
in
Article
III
of
this
40 4 102, G.R.S.
Division 4 - Issuance, Revocation, or Suspension of Permits
Amend Sec. 21-2-400. Issuance of permits.
A. The permit shall be issued on the form adopted by the Board of County
Commissioners. 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
for an indefinite term, or for a specific period of years.
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
2025-1368
ORD2025-07
First Reading
Page 34
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 the County policy on collateral for improvements Article II_,
Improvements Agreements, of Chapter 8, Public Works, of this Code.
Amend Sec. 21-2-420. Rescission of approval, Rrevocation or suspension of
permits vacation.
A. In the event the Board of County Commissioners has reason to believe that the
he the
Board
ma
permit,
erasion, the
Board shall give the permit holder written notice of the specific violation and shall
We period of time to correct the vi-olations. If the
permit -holder does ere is a vio a lon, ie or s s is , wi:nin =i=een
(15) days of his or her receipt of such notice, show cau-se to the Board why
- •• - • • - • - • - - - • - -e ordered. A hearing --shall be held within said
-- - - - - -- - - -
thirty day period pursuant to
l3 Prior to or subsequent to a temporary suspension, the Board of County
notice as for permit hearings, and if it finds:
1. A violation of any provision of the permit or applicable regulation for
to interest concerned; or
2 The applicant has failed to take substantial steps to initiate the permitted
permit, or, if such steps have been taken, t ^e applicant has fai ed to
complete the development or activity with reasonable diligence.
2025-1368
ORD2025-07
First Reading
Page 35
'ed. An extension of the time
within which substantial steps to initiate the permitted development or
activity need be taken may be granted by the Board of County
cause therefor.
may be reinstated, effective immediately upon such reinstatement, within twelve
D Where the Board -f County Commissioners is considering- the revocation or
,
50(0) of this Code.
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.
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
original 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.
2025-1368
ORD2025-07
First Reading
Page 36
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
good cause shown. The landowner shall be notified at least ten (10) days
prior to the hearing.
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
2025-1368
ORD2025-07
First Reading
Page 37
Commissioners or its authorized representative shall by written 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. Annual reviewTechnical revisions and amendments.
permit by the Board of County Commissioners, the permittee shall submit a report
detailing al
of activities, such as operational changes, which are not the subject of a permit
condition.
B Th-e Board of County Commissioners shall review the report set forth in Section
ate of submittal thereof. If the Board
determines, based upon its review, that the permittee is likely to have violated the
provisions of the permit or L
scheduled public hearing. If the Board determines at the public hearing that the
Reg-ulat+ens-
C Upon notice to the Board of CountyCoiss+o-ners of the fulfillment of ail permit
conditions and the Board's concurrence therein, the Board may terminate an -y
annual review requirements.
D The Board of County Commissioners may waive or modify the annual review
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
2025-1368
ORD2025-07
First Reading
Page 38
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 authority to approve technical revisions to the
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 hearing 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 to be physically disturbed. Such notice shall be mailed,
first class, not less than ten (10) days before the scheduled public 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.
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
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
2025-1368
ORD2025-07
First Reading
Page 39
road right-of-way. The sign shall be posted at least ten (10) days prior to the
hearing, and include the following information:
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 the 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 use 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 blocks 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 Planning. 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 cone -time extension of up to one hundred eighty (180) days
2025-1368
ORD2025-07
First Reading
Page 40
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
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
Sec.
•
•
a designated area of a state interest or
conducting a designated activity of state i-nterest who does not obta'n a permit pursuant
equirements, or who acts
evity, and may be subject to such other
criminal or civi escribed by law.
•
•
conflict between a mapped boundary and actual field conditions, the Board of County
Commissioners shall make the ne - _ : - - .... - • • - : -. -:. - - = -
on the subject to the Board.
iven an opportunity to present a case
empowered and directed to inspect and examine the use, occupation or
development of or activity in qaci and every area or —activity subject to these
Secti• the purpose of determining from time to time whether
provisions of these Section 1041 Regulations or of any permit issued or required
pursuant to these or other applicable regulations.
$ If a violation shall be found to exist, the Boat of County C-ommissioners or its
authorized -representative s all by written order direct that such remedial action be
provided, however, that the issuance of such order shall in no way or manner be
2025-1368
ORD2025-07
First Reading
Page 41
deemed a prerequisite to the institution of such enforcement p
set forth in these Section 1041 Regulations; and provided further, that compliance
be deemed to be a defense to any alleged
violation of these Section 1041 Regulations o _ - - .:: .: - - - .. _ • -
County or t -he State of Colorado.
•
•
The provisions of these Section 10-11 Regulations shall not apply to any
nonconforming use,* and then only t -o the extent such use existed on the date the area is
designated or subjected to these Section 1041 Regulations. When such a nonconforming
use shall be discontinued for six (6) months or more or a nonconforming structure is
0
any reuse, reconstruction or replacement of such structure shall- be deemed a new use
and shall be subject to the provisions of these Section} 1041 Regulations. Any expansion}
of a nonconforming use shall be fully subject to these Section 1041 Regulations, unless
such expanded nonconforming use is otherwise exempt from regulation her-ein, as
provided for in Section 21 2 20.
* shall be defined as a use that
does not conform to a provision or requirement of this Chapter, but was lawfully
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.
requirements shall apply to all applications for e
which have been waived as provided in these Section 1041 Regulations.
B. Submittal requirements for all applications for a development permit for a major
2025-1368
ORD2025-07
First Reading
Page 42
1. The following —are general requireme
hereunder. Minimum requirements include:
a The name of the proposed development or use and total number of
acres under consideration.
b may be used fo-r public presentation, the
c Name, address and to
engineer, surveyor and any other consultants of the applicant.
d Date of preparation, revision box, written scale, graphic scale and
north arrow for each map.
2 The applicant must provide the following information concerning title of the
project site, which shall be the entire proposed alignment or corridor under
projects:
a. The names and addresses of all surface property owners of the
project site and within one thous -and three hundred twenty (1,320)
feet of the boundaries of the property proposed to be physically
ie • line or pipeline projects, for which
the- names and addresses of -all surface property owners for five
# •de of the centerline of the proposed
b The planned access to the project site and the means the applicant
intends to use to obtain a legal right to utilize such access, including
c The names and addresses of persons or entities with an interest in
any real property proposed to be physically disturbed or crossed by
the activity or development which is the subject of the application,
excluding mineral interests but inc
st to the
extent shown in the records of the county Clerk and Recorder or of
d The names and addresses of minera in:eres: no aers wian in:eres-
in any real property proposed to be physically disturbed or crossed
2025-1368
ORD2025-07
First Reading
Page 43
in the case of projects to be constructed more than ten (10) feet
below the surface, excluding foundation structures for above ground
transmission lines, at least to the extent shown in the records of the
County Clerk and Recorder and County Assessor. In addition, the
applicant compiled such information, when such information was
compiled and the steps which were taken to ensure the accuracy of
the information. The County will require that the information be
compiled and verified in a manner reaso-na-bly designed to ensure
1
he County will require that the
last search for such information have been updated no later than ten
3 Section 1041 Permit Map:
ated on reproducible material approved by
the -Department of Planning Services.
c The map shall include certificates for the property owner's signature
(excepting linear facilities), the Planning Commission, the Board of
County Commissioners and the Clerk to the Board. The required
content of the certificates is available from the Planning Department.
{. The exact scale of the vicinity map shall be determined at the time of
the information to be mapped.
ii. The vicinity map shall delineate all of the required information within
a one -half -mile radius of the property (one thousand [1,004] feet for
linear facilities) proposed for the Section 1041 Permit.
2025-1368
ORD2025-07
First Reading
Page 44
b) Scale and north arrow:
c) Outline of the perimeter of the parcel proposed for the site.
corridor to be considered for the Section 1041 Permit.)
e
linear facilities.)
nd distribution of soils over the
parcel under consideration. Soil classification names and
:y classifications must be noted in the
irements are generally not applicable to
Locations and names of all key roads, irrigation ditches and
water features.
one -half -mile radius,
existing and proposed accesses to the property proposed for
municipality.
reasonably required by the County to meet the intent -and
purpose of this Chapter.
Plot Plan. A plot plan} of the facility area shall be drawn on the Section 1041
Permit Map.
a. The exact scale of the plot plan shall be determined at the time of the
ference, taking into consideration the type and
size of the proposed project, as well as the type and complexity of
b The plot plan shall out -line the boundaries of the parcel being
considered for the facility.
following items which are pres
foot radius of the
Permit area as well
and structures of the facility (some of the following may not be
applicable to linear facilities):
i All public rights of way of record, including names.
2025-1368
ORD2025-07
First Reading
Page 45
��. All existing and proposed structures.
All utility easements or rights -of way for telephone, gas,
electric, water and sewer lines.
iv. Irrigation ditches.
v Adjacent property lines and respective owners' names (may
be shown on vicinity map instead).
vi. All hydrographic features including streams, rivers, ponds and
reservoirs (including names).
determined necessary by the Planning Department. (Linear
facilities shall include appropriate topographic data derived
viii. Location of areas of moderate or severe soil limitations as
servation Service or by
scientist for the uses and associated structures proposed for
the parcel.
ix. Location and design of storm water management devices or
x Complete traffic circulation and parking plan showing
locations and sizes (excepting linear facilities).
xi. Location, amount, size and type of any proposed• landscaping,
xii. Location of any flood hazard, geologic hazard or mineral
resource areas.
the Punning Department, the Planning Commission or the
Board of county commissioners in order to determine that the
policies of Chapter 22 of this code and any other applicable
code provision or ordinance in effect.
5 The following items and information:
2025-1368
ORD2025-07
First Reading
Page 46
a
A sketch or reap showing the following:
i If a power plant is proposed, the area within ten (10) miles
from the site.
ii. For transmission lines or pipet. ,
of two -
c. For upgrades of existing transmission lines (115 kV or greater),
ater) for a distance
d For -all other major facilities of a public utility, provide a sketch
showing the -area within five (5) miles of the site if another mfr
facility is propo-sed-:
Type of facility specify where a-pplicable:
The voltages and le -n
�i. Po - :. - . •:: -
The functions and sizes of substations.
iv. For pipeline projects, the diameters and-lengthefine-s:
✓ The capa-cities of the storage tanks and types of petroleum
derivative to be stored.
✓ i. Corridor locations.
✓ ii. Service area.
viii. Resource area (e.g., source of power being generated or
transmitted, source of petroleum derivative being
transported).
ix. Describe applicable support facilities (e.g., pollution control,
f Projected development schedule:
2025-1368
ORD2025-07
First Reading
Page 47
Estimate maximum n -umber of employees, number of shifts
and employees per shift during the construction, operation
and maintenance phases of the project.
g
ensions of the facility and
relations -hip of the facility (i# currently foreseen) to larger
programs and plans.
Specify timetable for planning (e.g., federal permits, other
Y
iv. Estimate beginning and completion of construction and
Hazards and emergency procedures:
Y
to the health, safety
public.
f
nd the general
ii. Des-cribe hazards, if any, of environmental damage and
activities taking
Describe emergency procedures to be used in the event of
fire, explosion or other event wh+c-h may endanger the public
health, safety and welfare.
iv. Describe any s that will affect or be
affected by development, and describe mitigating measures
h Name, address and telephone number of the applicants.
gent from above.
1
Legal description of the property under consideration.
k Total acreage of the parcel, right of way or corridor under
consideration.
I Existing land use of the parcel, right-of-way or corridor u-nder
consideration.
2025-1368
ORD2025-07
First Reading
Page 48
,
way or corridor.
n Present zone and overlay zones, if appropriate.
agent.
constraints
as proposed.
Summarization of th
:r natural and socioeconomic environmental
e site selection and construction of the facility
applicable to submission requirements.
nc
vested water rights.
ucec s
1O0
c be an analysis of
wicultural resources and upon
8 Analysis of the long term effects of the proposed site selection and
construc4i-en upon the physical and socioeconomic development of the
impact area.
9 A description of a
to ma-xims -
construction.
*gate adverse impacts and
10. Analysis of nonstructu
energy use, no development or management (different scheduling,
d trades, etc.), if applicable.
11. Analysis of reasonable structural alternatives to the project such as
alternate locations an
rights of way, joint use of rights -of -way with o
12. Analysis of air and water pollution impacts and control alternatives.
a-rc
irec:ura
con-ro
s anc so fort
landscaping,
14. Submission of a proposed form of development agreement to meet costs of
affected political subdivisions in the project area of providing new or
project.
2025-1368
ORD2025-07
First Reading
Page 49
15. Analysis of hydrologic, atmospheric, geologic, pedologic, b-iotic, vis-ual end
noise impacts.
1-6. _
17. A Decommissioning Plan. Adequate financial assurance to cover the
a �
of t h
18. Any other information required by the Board or the Planning -Department
unicated to the app- ••-onference. This
reclude the Board from requesting the applicant to
in order to provide which the applicant shall be granted reasonable
con t i-nu a n-ce s
if the Planning Departme
1
T
• roject in order for the Board
informed decision on the application. It is
only if the proposed project is of such size and scope that it is reasonably likely to
• • • �• a• ••�• a a ••• a• •� • • •�• a lands.
d for the proposed development or activity,
a The present population of the area to be served and the total
b The predominant type of users or communities to be served by the
proposal.
c. The percentage of the design} capacity at which the current system
is now operating.
e. A description of why public convenience and necessity require a
facility of the size and nature proposed.
f A description of the user needs and user patterns to be fulfilled by
the proposed project.
2025-1368
ORD2025-07
First Reading
Page 50
g
A description of the relationship of the project to other existing and
planned utility f�
programs.
2 Environmental impact analysis.
a Land use:
i Describe the relationship --of -the project to local land use,
policies an -d co-mprehensive plans and to policies and plans
adopted or under preparation by federal, state, regional or
other affected local gov
ii. Detail the agricultural productivity capability of the land
affected ssification).
e exiting
easements or rights of way for any associated distribution or
collector networks.
A map sh
e type proposed for development.
c water resources:
On --the reap of -the base area, or another appropriate map,
indicate any food plain associated with the proposal.
associated floodplain.
plan-t-and-an-i-ma4-14-fe-depencan-the-wate-r-resource-s-in
question.
ensitive factors:
Identify and locate on a map of ap-pro•priate scale the
juxtaposition of any of the following features present in the
.... -. .- - ....-. •. , and detail
2025-1368
ORD2025-07
First Reading
Page 51
a) Marshlands and wetland -6,
b) Groundwater recharge -areas, -4 --applicable.
c) Potential natural hazards.
d) Forests and woodlands.
e) Critical wildlife habitat.
fl Public outdoor recreation areas.
J)
Unique areas of g
importance.
e visual aesthetics and nuisance factors:
I. Identify key locations where the facility can be viewed from
and its proximity to residences, simulate the appearance of
the facility, and identify noise pollution or obnoxious odors
ii. . Where sign ifica-nt, -map Of describ-e area within view of project.
f Transportation impacts:
i Describe what impacts the proposal will have upon
affected by the proposal.
ii. Describe the potential impact on roads within the County.
g
in order to serve the project adequately.
Less damaging alternatives:
extent of the proposal involves the potential for significant
Department may reques
that the Board require the applicant
of the application.
2025-1368
ORD2025-07
First Reading
Page 52
Required information on alternatives may include, but shall
not necessarily be limi:ec to, informa:ion on :le environmen:a
impacts and cost-effectivene„s of the alternatives in
3 Applicants seeking a permit for the site selectio-n a-nd construction of
documents and information:
a Computer mode _ _ •- • : •• . •• • • •
proposed transmission line easement for that portion of -transmission
line between substations or transition sites; and
T
,
the Colorado Public U
Article IV - ReservedSite Selection and Construction of Arterial Highways,
Interch
•
Guideways, and A
.
Rapid Transit Term
•
.
• _.
•
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 fora 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.
2025-1368
ORD2025-07
First Reading
Page 53
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 proposed facility, maximum height of proposed
structures, and any proposed battery storage, overhead electrical lines, or
substations associated with the project. 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.
A. _
.
•
•
•
•
B. Submittal requiremen
•
e 1041 SEF Regulations.
•
.
•
2.
•
a. The name of tbe-pr-epeseE
acres under consideration.
•
c. _
.
application.
.
•
applicant.
.
.
•
•
.
.
.
.
•
project site:
•
•
•
2025-1368
ORD2025-07
First Reading
Page 54
access, includi
agreements which -
•
s —or right--of-way
.
in any real property proposed to be physically disturbed er
crossed bye • - ! - - ,
including th = - • = : ' • _
.
.
•
.
ea -s rnnnts, contract rights, rig-hts--of-way, reservations,
.
except-!
in -the records- of t • - - _ •
applicant has actual knowledge.
3. 1041 SEF Permit M
a. The map shall -b
by the Department of Planning -Services.
•
•
.
•
high.
•
signature
Commission,
Clerk to the -Bo
•
.
.
•
•
•
ertificates is
The exact scale of the map
•
.
•
' ng-into consideration the
.
•. .
e and
.
•
Area.
.
•
he proposed Improved
shall be shown on the map:
i. Section, township and range.
ii. Scale and north arrow.
Outline of the -y
2025-1368
ORD2025-07
First Reading
Page 55
.
.. .
.
the parcel under considera
and agricultural ca
in in the legend.
■
. _.
.
•
.
.
_.
•
•
•
•
•
•
.
.
,
•
•
•
.
•
municipality.
..
•
•
.
may be reasonably required by the County to meet the
•
4. Plot Plan. A plot
1041 SEF Permit Map.
a. The
•
•
mg into consideration the
•
.
.
•
•
considered for the facility.
.
•
.. .
.
of the following items w
well as within t
.
•
•. .
•
.
.
•
.
• ..
.
•
...
.
,
•
•
iv. Irrigation ditches.
2025-1368
ORD2025-07
First Reading
Page 56
v. _
(may be shown on vicinity map instead.
v+. All hydrographic features--i
ponds and reservoirs (including names).
. .
.
•
.
-
intery ... . ... i ....
Planning Services. (Linear facilities shall include
appropriate topographic data derived from USGS maps
or an equivalent database.)
viii. Location of areas of moderate or severe soil limitations
as defined by t
Servs
engineer or scien
structures proposed for the parcel.
•
.
x. Com
.
•
•
•
.
.
•
.
IN ■
,
•
,
.
•
fencing,
provide information regarding revegetation and
reclamation.}
,
...
,
•
.
.
•
•
,
resource areas.
.
.
,
.
Commissioners in
•
•
•. .
•
•
•
.
•
•
•
a. Description of the present use and zoning
2025-1368
ORD2025-07
First Reading
Page 57
b. A vicinity ma
•
•
•
i. The area within a five (5) mile radius from the proposed
1041 S€F,
five (5) mile radius.
...
•
.
•
...
•
or nea
existing access point.
•
•
•
•
.
The location, fu
•
1 SE1=.
.. •
•
.
•
.
etc.) to be provided.
,
.
.
•
. . •
,
.. .
.
.
•
•
•. .
larger programs and plans.
•
.
•
•
•
2025-1368
ORD2025-07
First Reading
Page 58
Hazards and emergency procedures:
i. Describe -hazards,
.
•
e -r
dangers to -the -health, safety and welfare of employees
and the general public.
i-i: Describe hazards, •
•
taking place at the proposed facility,
•
.
of fire, explosion or -ether event which may -endanger the
public health, safety and welfare.
iv. Describe any prevalen
natural hazards.
Iescribe mitigating
duce danger due to such
f. Name(s), address(es), arid contact information for the
applicants.
g. --Name and address of
for the 1041 SEF, if -different from above.
•
•
•
i•
•
Existing tand-use-of the parcel under consideration.
•
.
•
•- - - - - - - - - - - - - - - - - - •
•
.
•
legal agent.
•
.
.
.
.
constraints as they
proposed 1041 SEF.
7. Summarization of the effects of the proposed site selection and
impact area as applicabl
•
.- -nvironmentof the
•
2025-1368
ORD2025-07
First Reading
Page 59
• _.
..
•
■
water rights.
•
•
•
9. A descr
•
•
.
and construction.
•
•
•
.
•
.
.
impacts.
12. Surface Drainage Analysis.
• .
,
,
.
.
•
a Gradin
.
.
.
,
.
•
•
Fs Code. Prior to applying for
.
.
•
.
. _ ■
.
prevent
•
•
,
•
calculations if the soil under the collectors is not compacted and
maintained in vegetation.
13. Dust a
.. .
•
.
■
. •
,
. ..
•
will be mitigated.
a•- •-
proposal.
.
,
,
.
.
.
.
.
floodplain.
•
•
•
.
.
.
,
.
•
Departmen
of this Code.}
.
2025-1368
ORD2025-07
First Reading
Page 60
1-5. A _
Decommissioning/Reclamation PI
1041 SEl" application sub••"
.
addressing the following:
a. Decommissions
.
Plan. A
.
.
.
•
he party
andowner (if different),
•
and be completed within twe
of the decommissioning/reclamation work.
b. All non -utility owned equipment, c
•
shall be removed.
ate
st three (3) feet below grade
•
d.
unless a landowner agreement to re
in which the property owner agrees for this to remain.
its condif
.
.
.
. ..
.
...
•
decommissioning.
•
ation cost estimates, which shall be
updated every five (5) years from the establishment and
submittal of the S
the •
component
following elements:
associated with
posal of facility
the
•
.
.
.
!
associa
from the facility site;
ii. All costs associated with full
.
•
fsposal costs
slity- com s
.
!
constructed access roads;
.
.
.
!
direct impact shall : - •- -
it was before construction;
.
2025-1368
ORD2025-07
First Reading
Page 61
iv. All dec- .... • •.. •.. .. •. .
.. . .. ... . .
. _ .. .. ,
g
.
.. •
.
. .. .
v: Any o - - - .. ... _
. . . . .
•
the facility site; and
•
County.
Prior to construction, an irrevocable standby letter of credit,
bond, or alternate form
•
required by
.
.
•
. . •
•
Be
.
.
.
•
•
,
,
clause"; and
,
, - ,
liar credentials;
or "evergreen
iv. Be "bankruptcy remote", meaning the Security will be
unaffeGted by the bankruptcy of the 1041 SEF operator.
Weld County, in
•
.
.
•
•
,
•
availability of financial resources for
. . .
•
•
.
•
•
.
•
.
.
,
•
•
•
,
•
.
•
•
•
.
•
•
2025-1368
ORD2025-07
First Reading
Page 62
16. Any
•
•
.
.
i g Services and
.
•
to provide such information, i
additional information may include, but is not limited to:
• - : - : {c hearing on the
d reasonable continuances
•
a. The relationsh" se, policies and
comprehensive plans and to policies and plans adopted or
under preparation by federal, state, regional or other affected
local governmental agencies.
b. The agricultural productivity capability of the land affected by
.
d. _
or rightsaof-way for any associated distribution or colleGtor
networks.
•
animal life dependent upon the water -resources in question.
•
•
importance by
.
•
•
•
.
vie
deposed Mitigation strategy,
.
•
•
•
•
have upon transportatl
is •
•
...
within the Coup
•
.
•
•
•
•
2025-1368
ORD2025-07
First Reading
Page 63
■
• • _ .•
SEF may be required.
• •
•
• •
•
•
• ■
specific, less envi ,
• A •
Board of County Commissioners require the applicant
•
part of the application.
•• •
• •
■ •
•
• ■ ■
•
• •
•
■ •
• •
•
•
•
• •
• ■ • al
•
,
• - - •
.
•
• _ •
•
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 standards hereon. 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
2025-1368
ORD2025-07
First Reading
Page 64
State of
SS
County of
The foregoing instrument was acknowledged before me by
[insert name of applicant/agentl
on this day of , 20
Witness my hand and seal.
My commission expires
Notary Pubic
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)
2025-1368
ORD2025-07
First Reading
Page 65
SS
County of Weld)
The foregoing instrument was acknowledged before me by
this day of , 20 .
Witness my hand and seal.
My commission expires
Notary Pubic
on
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
2025-1368
ORD2025-07
Hello