HomeMy WebLinkAbout20252848Esther Gesick
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Good Morning,
Brett Cavanagh
Monday, October 20, 2025 10:09 AM
Jason Maxey; Bruce Barker; Commissioners
David Eisenbraun; Karin McDougal; Maxwell Nader; Jim Flesher; Samuel Gould; Ryan
Rose; Esther Gesick
Oil and Gas Setback Ordinance
High
Thank you for your time and consideration during the first reading of the proposed code amendments related to setback
distances from oil and gas facilities. I appreciate the thoughtful discussion and the opportunity to provide clarification. (
see email below as well)
A 75 -foot setback reflects a careful balance between safety, operational practicality, and consistency with recognized
industry standards and regulatory practices.
• Safety and Integrity: Current ECMC and API plugging standards (including API RP 1123 and 51R) require
stringent verification of well integrity before abandonment approval. With modern cementing, mechanical
integrity testing, and surface verification, a 75 -foot distance provides a conservative safety margin while
maintaining functional land use.
• Consistency with Established Practice: API RP 54 and comparable state regulations identify 75 feet as a standard
working clearance for both active and inactive wells. This distance provides proven protection for personnel and
infrastructure while supporting efficient wellsite design.
• Flexibility for Higher -Risk Sites: The 75 -foot setback is recommended as a baseline. However, it can be
expanded where site -specific conditions, such as incomplete historical records, shallow gas potential, or
compromised surface sealing —justify additional precaution.
• Land -Use Considerations: Maintaining a 75 -foot standard allows for appropriate protection without unduly
restricting land usability, particularly in areas with multiple historical wells. This ensures safety and responsible
development can coexist effectively.
In short, the 75 -foot standard represents a reasoned and defensible approach, consistent with best practices, technically
supported, and adaptable to varying field conditions. It provides the protection we expect while maintaining
predictability and efficiency in project planning.
Please don't hesitate to reach out with any additional questions or clarification requests. I'm happy to provide
supporting documentation, API references, or comparative regulatory examples if that would be helpful befcre second
reading.
Regards,
3/41i4A
COUNTY, co
Brett A. Cavanagh, MBA
Director
1
20ZS-ZBql<
First Reuel
MEMORANDUM
COUNTY, CO
To Board of County Commissioners
From Maxwell Nader, Planning Manager
Date October 20, 2025
Re Ordinance 2025-15, Chapter 23, Zoning, Setbacks
for Buildings from Oil and Gas
The Board of County Commissioners held worksessions on this topic on August 5, 2025, and August
25, 2025 This ordinance would revise two sections of Chapter 23 regarding the setbacks that are
required for buildings in relation to existing oil and gas facilities (wells, tanks, and appurtenance
equipment) It does not affect setbacks that are required for the oil and gas facilities in relation
to existing buildings, which are in Chapter 21
The ordinance would increase the distance an occupied building needs to be from a plugged
and abandoned well from 50 feet to 75 feet Unoccupied buildings will need to be 75 feet from
both active oil and gas facilities and plugged and abandoned wells, rather than the current 50
feet The distance occupied buildings need to be from active oil and gas facilities will remain 250
feet
The tables below summarize the required setbacks
Current code
Setback for occupied
buildings
Setback for all
, other buildings
Active oil & gas
facilities
250'
50'
Plugged & abandoned
wells
50'
50'
Proposed
Setback for occupied
buildings
Setback for all
other buildings
Active oil & gas
facilities
250'
75'
Plugged & abandoned
wells
75'
75' i
There is also a change to Section 23-1-90 to define the term "Occupiable Space" and have it
refer to the Building Code where that term is defined, rather than continuing to use "Building Unit"
as defined in Chapter 21, which is being revised by a separate ordinance
The Planning Commission voted to forward a recommendation of approvaLto the Board of
County Commissioners for the Ordinance at its regular meeting on October 7, 2025
2025-2848
Sec. 23-1-90. - Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
BUILDING UN/T: As defined in Chapter 21, Article V.
OCCUPIABLE SPACE: As defined in Chapter 2 of the International Building Code, as
adopted in Chapter 29 of this code.
Sec. 23-4-700. Minimum distance from oil and gas facilities in all zone districts.
No BUILDING UNIT containing OCCUPIABLE SPACE shall be constructed within two
hundred fifty (250) feet of any OIL AND GAS FACILITY, nor within fifty (50) seventy-five (75) feet
of any plugged and abandoned oil and gas well. No other BUILDING shall be constructed within
fifty (50) seventy-five (75) feet of any OIL AND GAS FACILITY, nor any plugged and abandoned
oil and gas well. This provision shall not apply to the expansion of a BUILDING permitted or
existing as of December 30, 2022, provided such expansion does not increase the BUILDING
footprint by more than fifty percent (50%). No VARIANCE from this section shall be granted such
that it would allow any BUILDING to be constructed within fifty (50)seventy-five (75) feet of any
OIL AND GAS FACILITY, nor any plugged and abandoned oil and gas well.
Created: 2025-06-11 10:59:09 [EST]
(Supp. No. 91)
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Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Biwer. that the following resolut on be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number:
Presented by:
Request:
Ordinance 2025-15
Jim Flesher
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
of the Weld Cowley Code (Occupiable Space)
be recommended favorably to the Board of County Commissioners for the following reasons:
1. Section 23-2-120.B.1 — That the existing text is in need of revision, as proposed.
2. Section 23-2-120.B.2 — That the proposed amendment will be consistent with the future goals and needs
of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect.
3. Section 23-2-120.B.3 — That the proposed amendment will be consistent with the overall intent of this
Chapter.
Motion seconded by Cole Ritchey.
VOTE:
For Passage
Butch White
Michael Wailes
Virginia Guderjahn
Michael Biwer
Cole Ritchey
Against Passage Absent
Hunter Rivera
Michael Palizzi
Barney Hammond
Calven Goza
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case
to the Board of County Commissioners for further proceedings.
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 7, 2025.
Dated the 7'h of October, 2025
-130\the- ariatvieu
Kristine Ranslem
Secretary
Sec. 23-1-90. - Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase
letters, shall have the meanings stated in this Section:
BUILDING UNIT As defined Chapter 21. Article V.
OCCUPIABLE SPACE: As defined in Chapter 2 of the International Building Code, as
adopted in Chapter 29 of this code.
Sec. 23-4-700. Minimum distance from oil and gas facilities in all zone districts.
No BUILDING UNIT containing OCCUPIABLE SPACE shall be constructed within two
hundred fifty (250) feet of any OIL AND GAS FACILITY, nor within fifty (50) seventy-five (75) feet
of any plugged and abandoned oil and gas well. No other BUILDING shall be constructed within
fifty (50) seventy-five (75) feet of any OIL AND GAS FACILITY, nor any plugged and abandoned
oil and gas well. This provision shall not apply to the expansion of a BUILDING permitted or
existing as of December 30, 2022, provided such expansion does not increase the BUILDING
footprint by more than fifty percent (50%). No VARIANCE from this section shall be granted such
that it would allow any BUILDING to be constructed within fifty (50)seventy-five (75) feet of any
OIL AND GAS FACILITY, nor any plugged and abandoned oil and gas well.
Summary of the Weld County Planning Commission Meeting
Tuesday, October 7, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Butch White, Cole Ritchey, Hunter Rivera, Michael Biwer, Michael Wailes, Virginia Guderjahn
Absent: Michael Palizzi, Barney Hammond, Calven Goza
Also Present: Chris Gathman, Matthew VanEyll, Angela Snyder, and Jim Flesher, Department of Planning
Services, Mike McRoberts, Aaron Maurice, Dan Campbell, Development Review, Karin McDougal, County
Attorney, and Kris Ranslem, Secretary.
Case Number:
Planner:
Request:
Ordinance 2025-15
Jim Flesher/Maxwell Nader
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
of the Weld County Code (Occupiable Space)
Jim Flesher, Planning Services, presented Ordinance 2025-15 and provided a brief summary of the
proposed code changes, specifically related to buildings and the minimum distance from oil and gas
facilities and plugged and abandoned wells. The Department of Planning Services recommends approval
of this Ordinance.
Commissioner Rivera asked why these changes are being proposed. Mr. Flesher stated that the Director
of the Oil and Gas Department has proposed these changes due to safety concerns. He added that if the
company needed to get back in and work on a plugged and abandoned well they need to get their
equipment in and greater setbacks would allow them more room to do that.
The Chair asked if there was anyone in the audience who wished to speak for or against this Ordinance.
No one wished to speak.
Motion: Forward Ordinance 2025-15 with the Planning Commission's recommendation of approval, Moved
by Michael Biwer, Seconded by Cole Ritchey.
Vote: Motion carried (summary: Yes = 5, Nay = 1).
Yes: Butch White, Cole Ritchey, Michael Biwer, Michael Wailes, Virginia Guderjahn.
Nay: Hunter Rivera
Meeting adjourned at 5:01 p.m.
Respectfully submitted,
teAnottiku
Kristine Ranslem
Secretary
1
MEMORANDUM
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COUNTY, CO
To: Weld County Planning Commission
From: Jim Flesher, Long -Range Planner
Date: October 7, 2025
Re: Ordinance 2025-15, Chapter 23, Zoning, Setbacks
for Buildings from Oil and Gas
The Board of County Commissioners held worksessions on this topic on August 5, 2025, and August
25, 2025. This ordinance would revise two sections of Chapter 23 regarding the setbacks that are
required for buildings in relation to existing oil and gas facilities (wells, tanks, and appurtenance
equipment) . It does not affect setbacks that are required for the oil and gas facilities in relation
to existing buildings, which are in Chapter 21.
The ordinance would increase the distance an occupied building needs to be from a plugged
and abandoned well from 50 feet to 75 feet. Unoccupied buildings will need to be 75 feet from
both active oil and gas facilities and plugged and abandoned wells, rather than the current 50
feet. The distance occupied buildings need to be from active oil and gas facilities will remain 250
feet
The tables below summarize the required setbacks:
Current
code:
Setback
buildings
for
occupied
Setback
other
buildings
for
all
Active
facilities
oil
& gas
250'
50'
Plugged
wells
& abandoned
50'
50'
Proposed:
Setback
buildings
for
occupied
Setback
other
buildings
for
all
Active
facilities
oil
& gas
250'
75'
Plugged
wells
& abandoned
75'
75'
There is also a change to Section 23-1-90 to define the term "Occupiable Space" and have it
refer to the Building Code where that term is defined, rather than continuing to use "Building Unit'
as defined in Chapter 21, which is being revised by a separate ordinance.
Staff recommends the Planning Commission forward a recommendation of approval to the
Board of County Commissioners for the Ordinance.
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