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WELD COUNTY
CODE ORDINANCE 2020-13
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22
COMPREHENSIVE PLAN, 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 the County of Weld, State of 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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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 22
COMPREHENSIVE PLAN
Repeal and Reenact Chapter 22 in its entirety.
ARTICLE I — General Provisions
Division 1 - Preface
Sec. 22-1-10. - Introduction.
The Comprehensive Plan includes all unincorporated geographic areas of the County and
establishes policy guidelines for land use decisions. The Plan serves as the foundation of all land
use and development regulations. The Comprehensive Plan is adopted by the Board of County
Commissioners as an ordinance and codified under Chapter 22 of the Weld County Code, which
makes it regulatory rather than just advisory. The Comprehensive Plan should be an actively used
document to assist in reaching our goals. The Comprehensive Plan was originally created in 1973
and has since been updated in 1987, 1995, 2002, and 2008.
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Sec. 22-1-20. - Overview of Weld County.
Weld County is located in the northern Front Range of Colorado between the Rocky
Mountains and the Great Plains, approximately 40 miles east of the Continental Divide. Spanning
an area from northern metropolitan Denver to the Wyoming state line, the County is approximately
4,000 square miles in size — over twice the size of Delaware. Weld County is the most productive
county in the state, and one of the most productive counties in the nation, for both agriculture and
oil and gas. The County seat is located in the City of Greeley. Thirty-two incorporated
municipalities lie within the County's borders.
Additional background information about Weld County is contained in the Weld County
Population and Development Report, which is updated annually by the Weld County Department
of Planning Services and is made available to the public on the Planning Services webpage. Also
available on the County's website are maps, including zoning, uses by special review,
subdivisions and exemptions, geologic and floodplain hazard areas, and other geographic
information. Weld County history and other information are also available on the Weld County
website.
The Population and Development Report is an administrative supplement to the
Comprehensive Plan that describes the physical characteristics of the County along with most
recent demographic data available from the U.S. Census Bureau and the Colorado Demography
Office. In addition, it contains data from the most recent U.S. Department of Agriculture Census
of Agriculture and economic indicators from the U.S. Bureau of Economic Analysis and the
Colorado Department of Labor and Employment. Other data presented include statistics on
housing, real estate, and foreclosures, land use cases processed, and lots created, building
permits issued, and various other information. Refer also to the Weld County Transportation Plan
adopted by reference in Chapter 8 of the Weld County Code for more information on the existing
conditions in Weld County.
Division 2 - General Provisions
Sec. 22-1-100. - Definition and purpose of Comprehensive Plan.
The Comprehensive Plan, contained in this Chapter, is the document intended to fulfill the
master plan requirement pursuant to state law (Section 30-28-106(1), C.R.S.) and the mineral
extraction master plan requirement pursuant to state law (Section 34-1-304, C.R.S.) and, in part,
to set land use policy pursuant to the Home Rule Charter. The Comprehensive Plan is intended
to be used for the general purpose of guiding development of the unincorporated County.
Sec. 22-1-110. - Relationship to planning documents.
A. The Comprehensive Plan identifies Guiding Principles, Goals, and Objectives to provide
direction for land use decisions. The documents used by the County to carry out the Goals
and Objectives of the Comprehensive Plan are contained in Chapters 19, 21, 23, 24, and 27
of this Code. Article III of Chapter 2, Administration, contains regulations relating to planning
and zoning as well. In the event of any conflict between the Comprehensive Plan and any
land use regulations set forth in this Code, the land use regulations, including, but not limited
to, those for zoning and subdivision, take priority.
B. Chapter 19 contains Coordinated Planning Agreements between the County and various
municipalities.
C. Chapter 21 regulates areas and activities of state interest in unincorporated Weld County.
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D. Chapter 23 contains the Zoning Ordinance, which defines land use application procedures
and responsibilities, standards, and regulations pertaining to zone districts and overlay
districts, nonconforming uses, enforcement, vesting of rights, and the Board of Adjustment.
E. Chapter 24 contains the Subdivision Ordinance used to regulate subdivision development and
contains the procedures for subdividing a parcel of land and design standards for facilities,
utilities, and other improvements.
F. Chapter 27 provides a site -specific subdivision mechanism, Planned Unit Development, used
to provide for creativity and which can be utilized to allow uses from multiple zone districts.
G. The Weld County Transportation Plan is adopted in Chapter 8 of the Weld County Code.
Sec. 22-1-120. - Reserved.
Sec. 22-1-130. - Plan components.
Article II contains the Principles, Goals, and Objectives of the Comprehensive Plan. The Goals
are desired ambitions and results to be pursued diligently by the County. Each Goal contains one
or more Objectives, which are more specific than the Goals and help clarify the Goal's intent.
Sec. 22-1-140. - Planning process.
The official kickoff for the 2020 Comprehensive Plan update was the Annual Farm Show at
Island Grove in Greeley on January 28, 29, and 30, 2020. Not long after that, the novel
coronavirus outbreak reached the United States and public meetings were postponed.
The Board of County Commissioners met with staff every two weeks to review the old
Comprehensive Plan and draft a new Comprehensive Plan. One goal of this update was to reduce
the length of the Comprehensive Plan to make it more readable and usable. For this reason, the
strategies were eliminated from the body of the Comprehensive Plan. Instead the Planning
Department will maintain a separate Strategic Plan for implementing the Comprehensive Plan
that will be updated at least annually.
The Guiding Principles were consolidated to four and moved from the middle of Article Ito the
beginning of Article II. The Goals were simplified to ten overarching aims further clarified by 37
objectives.
Sec. 22-1-150. - Comprehensive Plan amendment procedure.
A. Adoption of the Comprehensive Plan, as contained in this Chapter 22 of the Weld County
Code, is a legislative process of the Board of County Commissioners. Any member of the
Board may propose an ordinance to update, amend, or revise this Chapter in accordance with
Section 3-14 of the Home Rule Charter.
B. Prior to adopting an ordinance on final reading to revise or amend this Chapter, the proposed
change shall be considered by the Planning Commission following a public hearing on the
matter. The Planning Commission shall vote on a Resolution of Recommendation adopting
the amendment and the secretary to the Planning Commission shall forward the resolution,
once adopted, to the Board on County Commissioners.
C. The Department of Planning Services shall notify any municipality with a Coordinate Planning
Agreement in Chapter 19 of the Weld County Code at least ten days prior to the Planning
Commission hearing. Notice of the proposed ordinance shall also be posted on the County
website and in accordance with notice requirements for ordinances. The Board may direct the
Director of Planning Services to issue a press release regarding the proposed change(s).
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D. The Board of County Commissioners shall consider the Resolution of Recommendation of the
Planning Commission, the recommendations of the Department of Planning Services, and
any comments received from municipalities and the public prior to adopting an ordinance to
amend this chapter. The Board shall take public testimony prior to each of the second and
third readings of the ordinance.
E. The Board of County Commissioners and Planning Commission shall review the entire
Comprehensive Plan annually or as changing demographics, conditions, and policies warrant.
The Board may direct the Planning Commission, an ad hoc appointed committee, and/or the
Department of Planning Services to conduct the review and report its findings to the Board.
ARTICLE II - Principles, Goals, and Objectives
Sec. 22-2-10. - Guiding Principles.
The following Guiding Principles are the foundation for land use policy in the County. All of
the Goals and Objectives within the Weld County Comprehensive Plan are adopted with the intent
that they are consistent with the Guiding Principles.
A. Respecting Our Agricultural Heritage. Weld County has an agricultural heritage built upon the
hard work of pioneers and farmers on traditional family farms. Weld County is now one of the
most economically productive agricultural counties in the nation. The Weld County Right to
Farm Statement and the Goals and Objectives in this Plan support the importance of
agriculture in the County.
B. Respecting Private Property Rights. One of the basic principles upon which the United States
was founded is the right of citizens to own and utilize property so long as that use complies
with local regulations and does not interfere with or infringe upon the rights of others.
C. Promoting Economic Growth and Stability. Land use policies have a significant impact on
economic conditions in the County and should be structured to encourage economic
prosperity. To ensure the continued strength of Weld County's economy, land use processes
and decisions based on this plan shall be consistent and promote fiscally responsible growth.
D. Protecting Health, Safety, and General Welfare. Land use regulations and policies will protect
and enhance the health, safety, and general welfare of the citizens of Weld County.
Sec. 22-2-20. - Goals and Objectives.
The Goals of this Comprehensive Plan should be continuously pursued and implemented in
County regulations and procedure. They are directions for elected and appointed officials and
staff to consider when making land use decisions. The Goals are divided into categories of Land
Use Goals, Economic Development Goals, Environmental Goals, and Natural Resource Goals.
Each Goal is followed by objectives that help define and clarify the intent of the Goal.
Sec. 22-2-30. - Land Use Goals and Objectives.
A. Commit to the economic future of agriculture.
1. Land use changes shall not inhibit agricultural production nor operations.
2. Limit the density and intensity of development to maintain agricultural areas.
3. Respect agricultural practices regarding water resources.
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4. Farming or ranching operations are not considered a nuisance as long as they employ
common or reasonable agricultural practices.
a. Weld County Right -to -Farm Statement:
Weld County is one of the most productive agricultural counties in the United States,
typically ranking in the top ten counties in the country in total market value of agricultural
products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices
and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from tractors
and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field
work, harvest, and gravel roads; odor from animal confinement, silage, and manure;
smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting
sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. It is common practice for agricultural producers
to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or
private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of
residential development. When moving to the County, property owners and residents must
realize they cannot take water from irrigation ditches, lakes, or other structures, unless
they have an adjudicated right to the water.
Weld County covers a land area of approximately 4,000 square miles in size (twice
the size of the State of Delaware) with more than 3,700 miles of state and County roads
outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind
of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
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power for pumps and center pivot operations, high-speed traffic, sand burs, puncture
vines, territorial farm dogs and livestock, and open burning present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
B. Locate urban development in urban areas.
1. Encourage annexation of urban -scale development. Zone changes and subdivisions
within one -quarter mile of municipal limits are strongly discouraged. Property owners who
want to rezone or subdivide their property are encouraged to contact the municipality
about annexation.
2. Urban -scale development shall only be placed where urban services, including public
water, are available.
3. Urban -scale residential development belongs in municipalities; therefore, the County shall
discourage residential developments with more than nine lots or an overall density of more
than one unit per acre in unincorporated areas.
4. Pursue Coordinated Planning Agreements with all municipalities within the County.
C. Harmonize development with surrounding land uses.
1. Transition between land use types and intensities with buffers. Uses that are incompatible
with existing uses must be able to mitigate conflicts.
2. Establish residential development options based on compatibility, proximity to
municipalities, and availability of services that reflect the desired density and character of
that location.
3. Encourage development that preserves land for agriculture, rangeland, wetlands, and
critical habitats.
4. Require access easements and privately maintained rights -of -way to have recorded
maintenance agreements to ensure adequate access.
5. Encourage consolidation of nonconforming lots.
6. Encourage the preservation, restoration, and reuse of historical structures and landmarks.
7. Encourage subarea planning and collaboration to enhance certain areas of the County.
D. Collaborate on County -wide transportation and land use plans.
1. When the Comprehensive Plan is updated, the Transportation Plan should be updated as
well.
2. Ensure that land use change proposals comply with applicable transportation plans,
functional classifications, and access control plans adopted by the County.
Sec. 22-2-40. - Economic Development Goals and Objectives.
A. Support compatible economic development opportunities.
1. Identify target areas where the County is able to encourage shovel -ready commercial and
industrial development.
2. Foster partnerships that increase the predictability or certainty of economic development
and limit jurisdictional competition.
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3. Plan and invest in a robust transportation system that connects markets and population
centers.
4. Innovate, develop, and capitalize on the necessary tools and funding mechanisms to
incentivize economic development.
5. Encourage agglomeration economies of synergistic businesses.
6. Promote small business incentive programs to encourage small business owners.
Sec. 22-2-50. - Environmental Goals and Objectives.
A. Encourage responsible and sustainable water usage.
1. Connection to public water and sewer services shall be taken into consideration for
development approval.
2. Promote alternative conservation strategies and tools to minimize water usage, such as
recycling and reuse.
B. Protect water quality within the County.
1. Support the reduction of stormwater erosion and runoff.
2. Encourage development of master drainage plans and regional detention facilities.
3. Prevent surface and groundwater contamination.
C. Minimize flood losses.
1. Identify flood -prone areas of the County that are not already designated on a Flood
Insurance Rate Map (FIRM).
2. Encourage development to locate outside of flood -prone areas to reduce the loss of life
and property.
Sec. 22-2-60. - Natural Resource Goals and Objectives.
A. Preserve wetlands and critical habitats.
1. Wetlands and critical or unique habitat areas, such as habitats of endangered or unique
species, and migration, breeding, and spawning areas, should be identified in application
materials as potential limiting site factors.
2. Protect native plants by enforcing noxious weed removal.
B. Support responsible energy and mineral development.
1. Ensure that surface development reasonably accommodates mineral extraction.
2. Ensure that infrastructure, such as adequate roads and utilities, exists or can be made
available prior to development of energy and mineral resource production facilities.
3. Require that energy and mineral resource development conserve the land and minimize
the impact on surrounding land and the existing surrounding land uses.
4. Energy development should be coordinated with seasonal production schedules
associated with agricultural activities.
5. Energy development facilities should preserve agricultural areas and enhance the rural
landscape.
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ARTICLE III - Recreation and Tourism Element
Sec. 22-3-10. - Recreation and Tourism Element.
This section is intended to address the recreation and tourism requirement pursuant to state
law (Section 30-28-106(5), C.R.S.). Weld County is home to the Pawnee National Grasslands,
the Pawnee Buttes, and Crow Valley Recreation Area, as well as state wildlife areas, lakes, rivers,
and streams, and commercial facilities that support recreation and tourism uses. The Pawnee
Buttes and other areas offer hiking and bird -watching without the crowds of people found in Rocky
Mountain National Park. Other recreational activities in Weld County include horseback -riding,
hunting, shooting, biking, cross-country skiing, boating, and fishing. Private facilities offer
opportunities for water skiing, shooting, hunting, motocross, and other sports. Additionally,
agritourism and agritainment have been growing in popularity over the years. These seasonal
events offer fun and education for visitors centered around harvest time and Halloween.
Many more opportunities for recreation and tourism can be found within the cities and towns
of Weld County, including numerous parks, museums, and historic sites, as well as festivals,
parades, and other events. Please visit www.DiscoverWeld.com for more information.
ARTICLE IV - Comprehensive Plan Map
Sec. 22-4-10. - Comprehensive Plan Map.
A. The Department of Planning Services shall maintain a map called the Comprehensive Plan
Map based on the criteria in this section. The Comprehensive Plan Map is adopted as
Appendix 22-D and shows the County's preference for areas for rezonings and subdivisions.
The map has no bearing on uses allowed by right, by permit, or by special review. It is made
up of two main components:
1. Areas of opportunity for commercial and industrial development. These are potentially
logical areas for rezoning land to C (Commercial), I (Industrial), and Planned Unit
Development (PUD) containing C and I uses based on transportation infrastructure of
roads and railroads. The map is intended to encourage rezoning in appropriate areas.
Such a designation does not guarantee a zone change application will be approved. All
applicable criteria in Chapters 23 or 27 of the Weld County Code must be satisfied in order
for the Board of County Commissioners to approve a zone change application, including
location -specific attributes such as surrounding land uses, topography, and availability of
utilities.
2. Areas of urban -scale development, nonurban-scale development, and rural -scale
development. These layers are based on municipal boundaries and water district
boundaries and will change as those boundaries change. See Section 24-1-40 for
definitions of the different types of development.
B. Opportunity Zones. If in compliance with the other provisions in this section, zone changes to
C (Commercial), I (Industrial), and Planned Unit Development (PUD) containing C and I uses
are preferred in the following locations:
1. Within one mile of interstates,
2. Within one-half mile of U.S. highways,
3. Within one-half mile of the County Highway (Weld County Road 49 between 1-76 and State
Highway 392),
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4. Within one -quarter mile of railroads,
5. Within one-half mile of the following types of intersections:
a. Collector/arterial,
b. Arterial/arterial,
c. Collector/highway, and
d. Arterial/highway.
C. Development requiring rezoning is generally discouraged in the following locations:
1. Within one -quarter mile of any municipality.
2. Beyond three miles from a municipality, unless all or a portion of the property is located in
an Opportunity Zone on the Comprehensive Plan Map and the rezoning is to Commercial
or industrial.
APPENDIX 22-A ® N:: rth Greeley Rail Corridor Subarea Plan for Greeley and Weld County
CHANGE.
ADD APPENDIX 22-B — Subarea Planning Guide
ADD APPENDIX 22-C — Right to Extract Mineral Resources Statement
ADD APPENDIX 22-D — Revised Comprehensive Plan Map
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.
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The above and foregoing Ordinance Number 2020-13 was, on motion duly made and
seconded, adopted by the following vote on the 9th day of November, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Steve Moreno, Pro-Tem
BY:
Deputy Clerk to the Board
Scott K. James
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
Kevin D. Ross
Date of signature:
Publication:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
August 26, 2020
September 30, 2020
October 7, 2020, in the Greeley Tribune
October 19, 2020
October 28, 2020, in the Greeley Tribune
November 9, 2020
November 18, 2020, in the Greeley Tribune
November 23, 2020
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APPENDIX 22-A - North Greeley Rail Corridor Subarea Plan for Greeley and Weld County
- NO CHANGE
North Greeley Rail Corridor Subarea Plan for Greeley and Weld County
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ADD APPENDIX 22-B - Subarea Planning Guide
A. Subarea plans are intended to guide development in specifically defined areas. In order to
analyze conditions in an area and solicit input from property owners and other planning
partners, the County may conduct a subarea plan and further refine comprehensive planning
for that area. Subarea plans shall be incorporated into the Comprehensive Plan and adopted
as appendices to this Chapter 22; however, subarea plans that are conducted jointly with one
or more municipalities with which the County has entered into a Coordinated Planning
Agreement may be adopted as appendices in Chapter 19 instead.
B. The reasons for conducting a subarea plan may include, but are not limited to:
1. Advancing economic development opportunities and reducing hindrances to new
development.
2. Adopting specific design standards to promote compatibility in the area.
3. Promoting renewal of existing communities that lack infrastructure or have other
challenges.
4. Facilitating commercial growth in areas where it is deemed to be desirable — typically at
major transportation intersections that have public utilities available.
C. Subarea plans should include the following elements:
1. Purpose of the subarea plan.
2. Defined boundaries of the study area.
3. Background information, which may include history, demographics, maps, land uses,
existing infrastructure, and other information about the area.
4. Identification of properties or areas with development/redevelopment potential and
analysis of its constraints.
5. Notification to, and opportunities for input from:
a. Residents and owners of property within the study area,
b. School districts, fire districts, and other governmental and quasi -governmental
agencies within the study area, including applicable state agencies,
c. Upstate Colorado, and
d. Municipalities within three miles of the study area.
6. Goals and objectives for the study area, such as maintaining or improving property values.
7. A vision for the desired future of the study area.
D. The subarea plan may also contain a map of recommended general future land use categories
that may be used to support, but not guarantee, future zone changes.
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ADD APPENDIX 22-C - Right To Extract Mineral Resources Statement
Weld County has some of the most abundant mineral resources, including, but not limited to,
sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes,
minerals are vital resources because (a) the state's commercial mineral deposits are essential to
the state's economy; (b) the populous counties of the state face a critical shortage of such
deposits; and (c) such deposits should be extracted according to a rational plan, calculated to
avoid waste of such deposits and cause the least practicable disruption of the ecology and quality
of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and people moving into
these areas must recognize the various impacts associated with this development. Often times,
mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
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ADD APPENDIX 22-D - COMPREHENSIVE PLAN MAP
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Planning%20&%20Zoning/Long
V020Range%20Plaming/Comp°/020Plan/DraftApx22-D-CompPlanMap.pdf
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