The county calls them the “most restrictive” of such regulations in Colorado. They are about 60 pages and require a much higher environmental and public health standard than the state. Boulder County began the new rule process following two state Supreme Court decisions in 2016 that invalidated hydraulic fracking bans or long term moratoriums.
“In light of those decisions, the board terminated our moratorium that was in effect until 2018, and established a new moratorium until May 1, 2017, for the purpose of allowing us [Boulder County planning department] to update the regulations that we had adopted in 2012 and prepare for their implementation,” said Kim Sanchez, chief planner for the county.
Now that the commissioners have adopted these regulations, here are three key takeaways:
These regulations are ‘the most restrictive’ in Colorado
Boulder County wants to push the envelope. For example, an oil or gas company that wants to drill in unincorporated Boulder County would have to give notice to surrounding landowners and residents, have multiple public meetings, and do soil and water testing, which could be a very long and probably more expensive process than anywhere else in Colorado. State officials told Boulder County it is overstepping their local authority, a position that Commissioner Elise Jones said they would defend.
“Our focus is on adopting regulations that we think are the strongest possible, for our citizens and the environment, and our understanding of the law as we see it,” she said. “If the state disagrees well, so be it, we’ll deal with that. If the state wants to pre-empt local governments, on oil and gas then they need to do their job and protect us from the impacts of oil and gas, and they are not doing that. And until they do that, local jurisdictions like Boulder County will continue to push to do that work themselves.”
What can the state regulate and what can local governments like Boulder County regulate?
The Colorado Oil and Gas Conservation Commission regulates location and construction of drill sites and associated equipment, for example what machinery is used. Local governments like Boulder County have substantial regulatory authority through their land use code, such as building permits for structures, traffic impact fees, and inspecting for compliance with local codes and standards related to water quality and wildlife impacts. Boulder County’s new regulations are the most stringent in terms of land use.
You could get paid to live by oil and gas drilling
One of Boulder County’s regulations could require a company to pay residents “disruption payments.” Not every company would have to do this; it’s an option for the county to require. Within a mile radius of the drill site, companies would need to pay residents enough money to move and pay rent somewhere else during some operations. The closer you are to the drill site, the more money you would get. The amount would be calculated based on federal data for the area. Every month residents would get a check. It would be up to them if they would want to move temporarily or just keep the money.
Commissioner Jones said they thought disruption payments were necessary to include.
“Industry has never been required to say ‘Yes, I’m impacting those people’s lives and I’m going to pay to help move them to a place so their quality of life isn’t diminished by my noise and my dust and my vibrations and my emissions,’ Jones said. “We think that it’s an important first step in industry taking ownership of the significant impacts that drilling has, particularly when you’re drilling near homes and schools and the like.”