4-30-20 Agricultural and Resource

(a) Agricultural Building

Agricultural buildings are subject to floor area limitations pursuant to Sec. 5-20-70(i)
In the RS-160, RS-35, LIR-35, RS-30, RS-20, AR-10, AR-2, R-30 and T zone districts, a greenhouse(s) that contains 3,000 square feet or more and is not customarily accessory to a principal residential use is permitted on lots/parcels of five (5) acres or more, subject to Special Review pursuant to Sec. 2-30-30(h)(2). Retail sales of agricultural products are only allowed from an Agricultural Stand as specified in Sec. 4-30-50(b).

(b) Farming

In the RR zone district, agricultural operations and practices are limited to those that were in existence prior to the property being zoned to Rural/Remote.
In the LIR-35 zone district, uses by right are limited to (a) farming or ranching conducted for the primary purpose of obtaining a monetary profit, and (b) single family dwelling unit and associated accessory structures and uses that may be accompanied by farming or ranching not conducted for the primary purpose of obtaining monetary profit.

Firewood splitting and related storage must comply with all setback requirements of the underlying zone district.
The site must be kept orderly and free of all unrelated machinery or discarded trash and junk.
On-site sales are limited to sales of block or slabwood and post-season clearance sales.
The site shall be limited to one (1) acre or less.

(d) Horse Boarding

A horse boarding facility shall be limited to ten (10) visitor trips per day relating to the horse boarding operation.

(e) Kennel and/or Veterinary Clinic

Outdoor dog runs or animal pens are only permitted by special review, and shall only be approved if adverse noise and odor impacts on nearby properties can be avoided or mitigated.

(f) Logging

(1) Intent

The intent of these logging standards is to manage the removal, damage or destruction of trees on individual properties in the County in order to preserve scenic resources, to maintain air and water quality and to protect wildlife habitats for the continued health, safety and welfare of the people of Pitkin County.

(2) Applicability

Development permits are required and may be approved, approved with conditions, or denied for:

(a) All logging operations (including the harvest of firewood or logs for commercial sale);
(b) Removing, damaging or destroying more than forty (40) trees or similar woody vegetation with a Diameter-Breast-Height (D.B.H.) of six (6) inches or more on a single property;
(c) Removing, damaging or destroying thirty (30) percent or more of the trees with a D.B.H. of six (6) inches or greater on a single property.

(3) Prohibited Activities

(a) Removing, damaging or destroying trees or other vegetation within one hundred (100) feet of the mean high water mark on any stream or within wetlands or riparian habitat is prohibited unless approved by Pitkin County pursuant to other sections of this Land Use Code.
(b) Removing, damaging or destroying trees or other vegetation within elk calving habitat is prohibited.

(4) Exemptions

The following logging activities are exempt from County review:

(a) Removing, damaging or destroying trees with a D.B.H. of less than six (6) inches, provided the trees are not located within a wetland or riparian area.
(b) Removing, damaging or destroying forty (40) trees or less with a D.B.H. of less than six (6) inches on a parcel of land, or removing, damaging or destroying of less than thirty (30) percent of the trees or similar woody vegetation on a parcel of land, whichever is less.
(c) The selective removal or trimming of dead, diseased or damaged trees or other woody vegetation that constitute a significant and direct hazard to persons or property, provided that the removal is accomplished through the use of standard forestry practices and techniques.
(d) Prior to vegetation removal under this provision, the applicant must present to the Community Development Department written confirmation from a certified arborist or recognized tree/forestry expert documenting the condition of the tree/vegetation and the hazard created if removal does not take place. This requirement can be waived pursuant to section 7-20-10(b). The applicant is required to properly dispose of dead or diseased trees in accordance with the Land Management Department’s policy. Dead or diseased trees that are removed as a result of the Mountain Pine Beetle shall not be stored for firewood.
(e) Clear cutting of areas larger than five thousand (5,000) square feet shall not be permitted, unless requested or approved in writing by a state or federal government agency in order to avoid or mitigate a public health or safety hazard.
(f) Actions taken in times of emergency, including the repair or restoration of public roads, electrical lines, natural gas lines, water lines, sewage lines, and storm drainage systems, when immediate action is necessary to protect public health or safety or to prevent damage to property.
(g) Removal of trees or other vegetation that has either been approved or required pursuant to a development approval granted by the County.

(5) Federal and State Pre-emption

Standards in this section shall apply to any logging activities on any lands within the County, except to the extent that any specific regulation is preempted by Federal or State law. In determining whether Federal or State law preempts enforcement of these requirements, the Board of County Commissioners shall be guided by the factors in this section:

(a) County regulation of logging activities shall be preempted where Federal or State law specifically and explicitly precludes local regulation.
(b) The Board may require a County development permit to be obtained for federally approved activities, including unpatented mining claims on Federal lands, provided the purpose of the review is to impose conditions for the protection of the public health, safety and welfare and the environment.
(c) Patented lands shall be treated as any other private property. Logging and tree removal on private lands shall be subject to the use limitations imposed by this Land Use Code without regard to Federal preemption.
(d) Where logging activities are approved by the Board of County Commissioners, reasonable conditions may be imposed on such activities for the protection of the public health, safety, welfare and the environment.

(6) Site Selection

Sites selected for logging activities shall comply with the standards in this section. An applicant for a development permit will produce sufficient and substantial evidence that the proposed operation will not:

(a) Occur within one hundred (100) feet of a public road;
(b) Occur within one thousand (1,000) feet of any urban/suburban zone district or any business or special purpose zone district.
(c) Occur within one hundred (100) feet of a stream, river, lake or water impoundment;
(d) Occur within one thousand (1,000) feet of any public park, publicly owned building, national wilderness area or other public institution, places having unique historic interest or value unless the owner of the site or governmental body having jurisdiction over the site has consented to the logging operation;
(e) Substantially injure or detract from the lawful existing or permitted uses of neighboring properties;
(f) Adversely affect any public land used for a public purpose; and
(g) In the P-I zone district, logging shall only be permitted outside urban growth boundaries.

The Board of County Commissioners may reduce the above requirements upon their finding that a lesser distance will result in substantially the same or less impact due to unique site features or the nature of the equipment that will be utilized.

(7) Environmental Protection

Logging activities shall comply with the standards in this section.

(a) Operations must conform with the forestry management plan for the subject area prepared by a licensed forester and approved by the County. The County may refer the management plan to the Colorado State Forest Service and other agencies for review and comment.
(b) Operations must conform to state and local pollution regulations.
Permittees shall maintain public and private haulage roads in a reasonable dust-free condition.
(c) Disruption of natural vegetation within one-hundred (100) feet of a water course or riparian area is prohibited.
(e) Damage to any public, private, residential or agricultural water supply source is prohibited.
(f) Adverse impacts to any environmental system such as aquifers, landslide or avalanche prone areas, floodplains, riparian areas, or wildlife habitat of significance to the County, region or nation is prohibited.

(8) Operations

This section contains general operational standards applicable to logging activities.

(a) Logging shall not be permitted closer than ten (10) feet to the boundary of an adjacent property, easement, irrigation ditch or right-of-way, or the established zone district setbacks in which the operation is located, whichever distance is greater. The Board of County Commissioners may require a greater distance, when justified.
(b) Equipment shall be located to minimize nuisance effects such as visual, noise and dust.
(c) Hours of operation, unless otherwise specified, shall be from 7:00 a.m. to 7:00 p.m., unless special permission is granted by the Board of County Commissioners.
(d) Material, equipment, machinery, or vehicles not intended for immediate use or servicing of the logging activity shall not be stored on site.
(e) Logging sites and all permanent installations shall be maintained in a neat, clean and orderly condition.
(f) Operations may be limited to certain operating hours and time of year to protect wildlife.

(9) Regeneration Plans

Applicants for logging development permits shall prepare a regeneration plan for review and approval by the Board of County Commissioners. The finished, final condition of the logged area shall be in accordance with the approved plan. If, because of a change of conditions, a permittee may request an amendment to the regeneration plan. The amended plan shall be subject to approval by the Board of County Commissioners. All regeneration plans shall provide that all rehabilitated or disturbed areas shall be reestablished with appropriate tree and ground cover vegetation. The revegetation program shall consist of the following:

(a) A certified tree count shall be submitted by a landscape architect, surveyor or engineer registered in the State of Colorado. The tree count shall include all on-site trees. The number of existing trees shall then be divided by the total number of acres to obtain a trees-per-acre figure. The number of replacement trees to be planted at the time of rehabilitation shall be determined by multiplying the trees-per-acre figure by the number of land acres to be rehabilitated.
(b) Replacement trees shall be a minimum of two (2) feet in height immediately after planting. Species and general location of the replacement trees shall be reviewed by the Board of County Commissioners based upon staff recommendations taking into account future use of land, and the physical and chemical properties of soil. All disturbed surface areas shall be planted or seeded with appropriate ground cover to prevent erosion. The survival ratio of the replacement trees after two (2) years shall be no less than ninety (90) percent before the remainder of the non-expiring bond is released pursuant to subsection (12) below.

(10) Permitting and Inspections

An annual inspection shall be performed by a representative of the Community Development Department to assess compliance with the approved operating plan. The applicant shall pay a fee for this inspection prior to January 1st of each year. The amount of the fee will be based on the number of hours required to make the inspection and will be based on the normal hourly billing rate for Community Development Department review activities.

(11) Insurance

The permittee shall furnish evidence of insurance, to the extent determined by the Board of County Commissioners, against liability for any negligent act or omission by the operator from the operation and all activities connected with or incidental thereto.

(12) Performance Bond

The parties to the permit shall post a performance bond or other security acceptable to the County, payable to Pitkin County, in a sum acceptable to the Board of County Commissioners, to ensure full compliance with all of the terms and conditions of the permit and the rules and regulations of the Board of County Commissioners pertaining to exploration or mining, and the rules and regulations pertaining to site rehabilitation. The Board of County Commissioners, upon determining that a logged area complies with all the terms and conditions of the permit, may release such acreage from coverage by the performance bond.

(13) Initiation of Logging

Permitted logging or tree removal shall begin within twelve (12) months following the date of approval of the development permit, or the approval shall be null and void.

(g) Mineral and Gravel Extraction

(1) Applicability

Mineral exploration and mining is only permitted pursuant to the standards of this Sec. 4-30-20(g). Development applications for special review approval for mineral exploration, mining sand and gravel pits, rock crushers, concrete batch plants, asphalt hot mix plants, surface mining, open pit mining and subsurface mining may be denied, approved or approved with conditions subject to the standards in this section.

(2) Exemptions

The following mineral exploration and mining activities are exempt from County review, pursuant to this Sec. 4-30-20(g), but are still subject to the other standards of this Land Use Code.

(a) Gravel excavation by a property owner of fifty (50) cubic yards or less for non-commercial purposes.
(b) Mineral exploration limited to non-motorized hand tools with no new or improved access for motorized vehicles and less than fifty (50) cubic yards of excavation or fill. Examples of these exempt activities include hand-panning or collecting of rock or ore samples using non-motorized hand tools such as picks or hammers.
(c) Underground mineral exploration that results in no surface disturbance. This includes underground drilling, excavation or maintenance undertaken as part of an existing underground operation.
(d) Mapping activities that do not require the use of explosives, motor vehicles or other surface disturbance.
(e) Excavation and reclamation of existing unreclaimed tailings or spoils dumps that exceed fifty (50) cubic yards may be approved through the issuance of a County earthmoving permit.

(3) Federal and State Pre-emption

The standards in this section and the requirements of Sec. 2-40-20(d) shall apply to any and all mineral exploration and mining activities on all lands within the County, except to the extent that any specific regulation is preempted by Federal or State law. In making a determination whether Federal or State law preempts enforcement of these requirements, the Board of County Commissioners shall be guided by the factors in this section.

(a) The Board may require a County development permit to be obtained for federally approved activities on Federal lands, including unpatented mining claims, provided the purpose of the review is to impose conditions for the protection of the public health, safety, welfare and the environment.
(b) Patented lands are to be treated as any other private property and are not subject to the preemption of Federal mining laws. Mining on private lands shall be subject to the use limitations imposed by this Land Use Code without regard to Federal preemption.
(c) Where mineral exploration or mining activities are approved by the Board of County Commissioners, reasonable conditions may be imposed on such activities for the protection of the public health, safety, welfare and the environment.

(4) Site Selection

Sites selected for mineral exploration, mining, sand and gravel pits, rock crushers, surface mining, open pit mining and subsurface mining shall comply with the standards in this section. Concrete batch plants and asphalt hot-mix plants may only be located and operated at the sites of sand and gravel pits and rock crushers, but may temporarily be located in conjunction with major construction sites if special review approval is granted. An applicant for a development permit will produce sufficient and substantial evidence that the proposed operation will not:

(a) Occur within two hundred (200) feet of a public road;
(b) Occur within two hundred (200) feet of a stream, river, lake or water impoundment;
(c) Occur within one thousand (1,000) feet of any public park, publicly owned building, national wilderness area or other public institution, places having unique historic or patriotic interest or value unless the owner of the site or the governmental body having jurisdiction over the site has consented to the mining operation;
(d) Substantially injure or detract from the lawfully existing or permitted uses of neighboring properties;
(e) Adversely affect any public land use;
(f) Occur within one thousand (1,000) feet of any occupied dwelling, unless the consent of the owner of the dwelling has been obtained in advance of the submission of application for development permit;
(g) Occur within one thousand (1,000) feet of any school, church, community or institutional building;
(h) Occur within one thousand (1,000) feet of a cemetery; and
(i) In the P-I zone district, mineral and gravel extraction shall only be permitted outside urban growth boundaries.

(5) Environmental Protection

Mineral exploration, mining, sand and gravel pits, rock crushers, concrete batch plants and asphalt hot-mix plants, surface mining, open pit mining and subsurface mining shall comply with the standards in this section.

(a) Damage or nuisance resulting from noise, smoke, odor, dust, vibration or erosion is prohibited.
(b) Dust produced by mechanical operation, trucking or road conditions must be controlled.
(c) Permittees shall maintain private and public roads in a reasonable dust-free condition.
(d) Landscaping or appropriate visible barriers may be required to screen the operations from the general public.
(e) Disruption of natural vegetation within two hundred (200) feet of a water course or riparian area is prohibited, unless the Board approves a lesser distance upon a finding that no adverse impacts will result.
(f) Damage to any public, private, residential, or agricultural water supply source is prohibited.
(g) Adverse impacts to any environmental system such as aquifers, landslide or avalanche prone areas, floodplains, riparian areas, or wildlife habitat of significance to the County, region, or nation is prohibited.
(h) Toxic wastes shall be disposed of pursuant to an approved toxic waste disposal plan approved by the County.

(6) Operations

This section contains general operational standards applicable to mineral exploration, mining, sand and gravel pits, rock crushers, concrete batch plants and asphalt hot-mix plants, surface mining, open pit mining and subsurface and specific operational standards for sand and gravel pits, rock crushers, concrete batch plants and asphalt hot-mix plants; and oil and gas drilling.

(a) General Operational Standards

The general operational standards in this section apply to Mineral exploration, sand and gravel pits, rock crushers, concrete batch plants and asphalt hot-mix plants, oil and gas drilling, surface mining, open pit mining and subsurface mining.

Excavation shall not be permitted closer than ten (10) feet to the boundary of an adjacent property, easement, irrigation ditch or right-of-way. The Board may require a greater distance, when justified.
Equipment shall be located to minimize nuisance effects such as noise and dust. Hours of operation, unless otherwise specified, shall be from 7:00 a.m. to 7:00 p.m., unless special permission is granted by the Board.
Operations may be required to be fenced, or otherwise enclosed for health and safety protection.
Sound levels must comply with Pitkin County Noise Standards or other specific standards as may be approved by the Board for a specific development.
Material, equipment, machinery, or vehicles, not intended for immediate use or servicing of the exploration or mining site shall not be stored on site.
Exploration or mining sites and all permanent installations shall be maintained in a neat, clean and orderly condition.
All surfaces of permanent buildings and structures shall be painted and maintained in a neat and orderly manner.
Operations may be limited to certain seasons and time of day to protect wildlife.

(b) Additional Standards for Sand and Gravel Pits, Rock Crushers, Concrete Batch Plants and Asphalt Hot-mix Plant Operations

In addition to the general operational standards in subsection (a) above, sand and gravel pits, rock crushers, concrete batch plants and asphalt hot-mix plants are required to comply with the operational standards in this section.

All sand and gravel pits shall be excavated in such a manner as to leave an average of not less than two (2) feet of undisturbed sand or gravel, as evenly as possible over the entire excavation tract, to provide a water bearing strata for any existing ground water, unless the rehabilitation plan provides for a permanent lake or other appropriate reconstruction.
In no event shall slopes steeper than 2:1 be left when operations are completed, unless the approved rehabilitation plan calls for other types of stabilized slopes.
Pit floors shall be graded in reasonable, smooth condition so that excavated areas will not collect water or permit polluted water to remain therein; however, where the rehabilitation plan for the subject property, as approved by the Board, provides for a permanent lake, the foregoing requirements shall not apply.

(7) Rehabilitation, General

Applicants for mineral exploration, mining, sand and gravel pits, rock crushers, concrete batch plants, asphalt hot mix plants, surface mining, open pit mining and subsurface mining permits must prepare a rehabilitation plan for review and approval by the Board of County Commissioners and State or Federal agencies, if applicable. The finished, final condition of the explored or mined area shall be in accordance with the approved plan; or, since conditions of material or economics may change, a permittee may request an amendment to the rehabilitation plan. The amended plan shall be subject to County Commissioner approval. Reclamation plans shall comply with the general rehabilitation plan standards in subsection (8) below. In addition to complying with the general rehabilitation standards in subsection (8) below, sand and gravel operations rehabilitation plans must comply with the specific rehabilitation standards in subsection (9) below.

(8) General Rehabilitation Plan

Rehabilitation plans for mineral exploration, sand and gravel pits, rock crushers, concrete batch plants, asphalt hot mix plants, surface mining, open pit mining and subsurface mining shall comply with the standards in this section.

(a) Existing topsoil shall be quality tested, stored and redistributed on-site to provide adequate growing conditions for revegetation. Where such storage is not feasible, the area shall be restored with soil of an equal or better quality to previously existing topsoil and be redistributed to provide adequate growing conditions.
(b) Toxic wastes remaining on site, if any, shall be covered or disposed of in a manner acceptable to the Environmental Protection Agency.
(c) All rehabilitated or disturbed areas shall be reestablished with appropriate tree and ground cover vegetation. The revegetation program shall consist of the following:
1. A certified tree count shall be submitted by a landscape architect, surveyor or engineer who is registered in the State of Colorado. The tree count shall include all existing on-site trees with a diameter-breast-height (D.B.H.) of four (4) inches or greater. The number of existing trees meeting this standard shall then be divided by the total number of acres to obtain a trees-per-acre figure. The number of replacement trees to be planted at the time of rehabilitation shall be determined by multiplying the trees per acre figure by the number of rehabilitated land acres.
2. Replacement trees may be required in specific areas to mitigate visual impacts, provide buffer areas, to prevent erosion, or for other specific purpose. Large areas over an acre may be planted with seedlings or other approved foliage. Replacement trees shall be a minimum of (2) inch caliper at diameter-breast-height for deciduous trees or four (4) feet in height for evergreens. Species number and location of the replacement trees shall be reviewed by the Board of County Commissioners based upon staff recommendations taking into account the future use of land and the physical and chemical properties of soil. [Slightly revised for clarity]
3. Credit shall be given for existing trees greater than six (6) inches at diameter-breast-height that are relocated or adequately protected during excavation. Any tree so relocated or protected shall be deducted from the replacement tree count standards.
(d) All disturbed surface areas shall be planted or seeded with appropriate ground cover to prevent erosion.
(e) The survival ratio of the replacement trees shall be no less than ninety (90) percent of the required number of replacement trees before the remainder of the non-expiring bond is released pursuant to subsection (12) below.
(f) No pits, tailings, depressions or debris accumulation shall remain after rehabilitation. Final grades shall conform to the contour lines and grades approved on the site rehabilitation plan.

(9) Special Standards for Sand and Gravel Operation Rehabilitation Plans

In addition to complying with the general rehabilitation standards in subsection (8) above, sand and gravel operation rehabilitation plans must comply with the special rehabilitation standards in this section.

(a) Dry Pit Rehabilitation

After sand and gravel excavation has been completed in a dry pit, the permittee shall spread fill evenly over the bottom of the excavation and excess waste materials. The permittee shall then evenly spread topsoil to a minimum depth of eighteen (18) inches, unless evidence shows that the land excavated had less than eighteen (18) inches of topsoil prior to commencement of operations. The topsoil shall be spread so as to produce a new surface for the purpose of growing crops or other vegetation.
The graded or backfill area shall not permit water to collect or remain therein unless approved as part of the rehabilitation plan.

(b) Wet Pit Rehabilitation

Like dry pit rehabilitation, the wet pit must be filled. Filling must be accomplished in accordance with the conditions set for recreational or scenic purposes. The following standards apply to rehabilitation of a wet pit into a lake:

All banks shall be sloped to the water line; a slope that shall not be steeper than two (2) feet horizontal to one (1) foot vertical.
All banks shall be stabilized unless otherwise called for on the approved rehabilitation plan.
Stabilization shall be accomplished by surfacing with soil of a quality at least equal to the topsoil of land areas immediately surrounding
Topsoil, as required by subsection 3. above, shall be planted with trees, shrubs, legumes, or grasses upon the parts of such area where revegetation is possible, unless otherwise specified in the rehabilitation plan.

(10) Permitting and Inspections

(11) Insurance

(12) Performance Bond

The parties to the permit shall post a performance bond or other security acceptable to the County, payable to Pitkin County, for a sum acceptable to the Board to ensure full compliance with all of the terms and conditions of the permit and the rules and regulations of the Board pertaining to exploration or mining, and those rules and regulations pertaining to site rehabilitation. The Board of County Commissioners, upon determining that an explored or mined area complies with all the terms and conditions of the permit, may release such acreage from coverage by the performance bond.

(13) Conversion of Initial, Short-term Permit to Long-term Permit

The Board shall consider the degree to which the permittee has complied with all of the terms and special conditions of the initial, short-term permit, citizen comments and changing conditions that may affect the exploration or mining operation.

(14) Initiation of Exploration or Mining

Permitted exploration or mining operations shall begin within twelve (12) months following the date of approval of the development permit, or the approval shall be null and void.

(15) SKI-REC Zone District

Standards for mineral exploration, mining or uses and activities not under the control of ski area operator:

(a) Mineral exploration and mining shall be subject only to the procedures of Sec. 2-40-20(d), and standards of this Sec. 4-30-20.
(b) If the right to the use of property located within the boundaries of the SKI-REC zone district comes under the control of a person other than the proponent of a master plan required under this section, and where such person is unsuccessful after reasonable efforts in securing approval with the master plan review process, such person may apply for review and approval of such proposed development as if the property were located in the AR-10 zone district, and in accordance with the procedures, submission contents and standards applicable thereto.

(h) Oil and Gas Extraction

(1) Introduction

(a) The Board of County Commissioners’ decision to approve, conditionally approve, or deny an application for an oil or gas facility/operation in the County shall be made and determined based upon the compliance of the applicant with the following performance standards, to the extent applicable and relevant, and not waived based upon technical infeasibility. The burden shall be on the applicant to meet these standards to the satisfaction of the Board.
(b) Any proposed oil and gas facility/operation, excluding well sites, must be compatible with existing uses and those, which can be projected in the area in which the oil and gas facility is proposed. A facility's compatibility with land uses in the surrounding area, which the Board finds will be affected by its operation, shall be determined by the operator's ability to mitigate the impacts which it generates, as set forth in the facility operation plan, and in accordance with applicable county, state and federal rules, regulations and standards. Compatibility does not necessarily mean that a proposed use must be identical with neighboring uses.
(c) The Board understands that based upon state and federal law, there are areas in which it does not have the legal right to establish and enforce performance standards, primarily where those standards are duplicative of state or federal regulations. In those cases, to require compliance with the standards does not presume the right of Pitkin County to enforce state or federal regulations, or County regulations which duplicate those of the federal or state government.

(2) Oil and Gas Wells and Well Sites

The following performance standards apply to the siting, construction and operation of oil and gas wells within the County.

(a) Access by Pitkin County Local Government Designee

The Pitkin County Local Government Designee (LGD) shall have access to an oil and gas facility/operation for the purpose of determining compliance with these conditions. The Local Government Designee shall comply with all safety requirements and shall preserve the confidentiality of any proprietary information which becomes known to him. Pitkin County shall also comply with confidentiality requirements, as defined and to the extent stated in the Colorado Oil and Gas Conservation Commission rules and regulations.

(b) Emergency Response Requirements
1. Each operator with oil and gas facilities/operations in the County is required to provide an emergency response plan. The plan shall be filed with the County and updated on an annual basis or as conditions change (responsible field personnel change, ownership changes, etc.). The emergency plan shall consist of the following information, as a minimum:
  - (a) Name, address and telephone number, including a 24-hour emergency number of at least two (2) persons responsible for emergency field operations.
  - (b) An as-built facilities map showing the name, location, and description of all oil and gas facilities, including the size and type of all pipelines and isolation valves (note: isolation valves shall not be operated by anyone except the owner of the pipeline). The map shall be prepared either manually on U.S.G.S. 7.5 Minute Series maps (1"=2000'), or digitally on the County Geographic Information System Parcel Maps, if available. The as-built facilities map which includes the information regarding the location of isolation valves shall be held confidentially by the County's Emergency Management Staff and shall only be disclosed in the event of an emergency. The County's Emergency Management Staff shall deny the right of inspection of the as-built facilities map to the public pursuant to C.R.S. 24-72-204(3)(a)(IV). An operator who is new to Pitkin County and has no facility shall supply the information in this paragraph within six (6) months of commencement of operations.
  - (c) Provide a written response plan for the potential emergencies that may be associated with the operation of the facilities. This may include any or all of the following: explosions, fires, gas or water pipeline leaks or ruptures, hydrogen sulfide or other toxic gas emissions, or hazardous material vehicle accidents or spills.
  - (d) Project specific emergency response plans are required for any project that involves drilling or penetrating through known zones of hydrogen sulfide gas, as determined by the County's Emergency Management Staff. This plan shall be coordinated with and approved by the County's Emergency Management Staff prior to beginning field operations.
2. Oil and gas facilities shall be located and designed so as to provide access by fire or other emergency response personnel and vehicles.
3. All storage tank batteries shall be bermed, subject to requirements placed on oil and gas facilities according to Colorado Oil and Gas Conservation Commission rules and regulations.
4. The operator shall obtain an address from the County before beginning any work on the site other than site analysis and surveying. The well site shall be incorporated into the E911 Emergency Reporting System.
5. The operator shall provide special training and on-site orientation at the drill site for personnel from the Fire District and/or the Pitkin County Hazardous Material Team. The operator agrees to furnish equipment (spill kit) to contain spills including drilling, completion and testing fluids on land and in water courses to the Fire District personnel and/or the Pitkin County Hazardous Material Team in the event of a truck accident, spill and/or fire.
6. The operator shall become a member and pay any necessary fees of the applicable Ambulance Service prior to commencing operations to drill the well.

All oil and gas operations shall comply with federal, state and local regulations applicable to the proposed operations. An applicant is required to obtain federal or state permit approval(s) before the County can grant final approval. The County will process such an application under the County's normal procedures and timetable, but County approval will not become effective until all requisite state and federal permits are obtained.
An applicant shall inform the County of any notice of non-compliance by the appropriate authority concerning a state or federal permit within a reasonable time, not to exceed thirty (30) days from the applicant's receipt of such notice. The County may not, however, take any action with regard to a pending or existing development agreement different than the state or federal agency as a result of the alleged non-compliance with approvals issued by those agencies. The County may only suspend or revoke a development agreement as a result of a notice of non-compliance if the applicable federal or state agency has suspended or revoked its corresponding permit approval as a result of the alleged non-compliance. In the event that the County has suspended or revoked a development agreement in this circumstance, it must reinstate the development agreement when the applicable state or federal agency reinstates its corresponding permit for whatever reason.
By requiring such compliance in this Land Use Code, Pitkin County does not presume any absolute right to enforce state or federal regulations.

(d) Fire Protection

If the oil and gas facilities are located in a severe or low to moderate wildfire hazard area, the fire mitigation plan shall include detailed information as to fuel location, hazardous materials and proposed methods of fire suppression, including the use of foam. The operator shall comply with the recommendations (if any) of the Fire District to mitigate any fire hazards at the facilities.
The operator shall comply with any state and local fire restrictions applicable to the property upon which oil and gas facilities will be located. If there is a County fire ban, no open flames should be allowed without additional approval of the Board of County Commissioners or its designee.
For oil and gas facilities located outside the boundaries of a Pitkin County Fire Protection District, the operator shall agree to reimburse each Fire District for all costs of responding to and fighting any fire and/or emergency situation requiring the presence of the Fire District.

(e) Floodplain

Oil and gas facilities that are located within, or partially within, a special flood hazard area shall comply with the requirements of the Pitkin County Floodplain Regulations.
No oil and gas operation shall result in the handling or storage of hazardous materials in a special flood hazard area. Any other outdoor storage permitted in a special flood hazard area shall be of materials that will not float, or that are confined by a fence or other means to prevent flotation.

(f) Impact on Agriculture

Where irrigation and waste water ditches, pipelines, waterways or any other means of conveyance cross or adjoin the land proposed to be developed, adequate provisions shall be made to ensure that their use, including the maintenance thereof, will continue uninterrupted. Ditch rights of way shall be recognized and/or granted if not already established. Existing historical easements utilized to gain access to ditches, headgates and fences for maintenance shall be preserved or replaced with alternate easements suitable for a continuation of historic use. No operator shall channel storm water, produced water or snowmelt runoff into any irrigation system without the written consent of the responsible irrigation entity.
Oil and gas facilities/operations shall not interfere with the irrigation of neighboring lands or alter any irrigation system without the written consent of the affected entity.
Oil and gas facilities/operations shall not interfere with the normal operation of existing agricultural operations including, but not limited to, dairies, feed lots, fruit orchards, onion sheds, crop and livestock production and other agricultural activities; provided that this provision does not give Pitkin County authority over the siting or location of oil and gas wells. In particular, such facilities/operations shall not generate dust or other air pollutants that will interfere with crop and orchard pollination or growth, or negatively impact the health of livestock.

(g) Insurance and Financial/Performance Security

Each operator shall maintain general liability insurance for property damage and bodily injury to third parties as required by the Colorado Oil and Gas Conservation Commission, and such policy shall include Pitkin County as a certificate holder so that the County may receive advance notice of cancellation.
In addition to the requirements of subsection (j)3. below concerning road bonds, the operator shall provide one form of the following security to assure compliance with mitigation requirements set forth in these regulations and specific conditions of approval for oil and gas facilities. Five thousand dollar ($5,000.00) performance bond for each oil and gas facility; fifty thousand dollars ($50,000.00) Countywide blanket bond for all facilities operated by the applicant within the County; irrevocable letter of credit; or equivalent financial security acceptable to the County.
Growth shall pay its own way; therefore operators shall be required to pay their appropriate share of the impact created on public facilities and infrastructure. The share of the impact and cost shall be determined according to standards and formulas designed to estimate the cost of growth in Pitkin County.

(h) Notice/Exchange of Information

The operator shall notify the County with respect to the following events:

Upon the commencement of final reclamation of each well site or upon a request for waiver of final reclamation pursuant to Section 1001.C. of the Rules of the Colorado Oil and Gas Conservation Commission.
With respect to any sale, lease or other reassignment of the operating interest in the oil and gas facility/operation to another party, within thirty (30) days after the transfer.
Any permits obtained by operator from federal and state agencies pursuant to their regulations, e.g., stormwater discharge permit, including copies of said permits, as well as copies of written notices of any alleged violations of federal or state law received by operator concerning oil and gas operations in Pitkin County.

(i) Off-Site Staging Area

If an off-site staging area is required during the drilling, completion, and production of an oil and gas facility, the area shall be constructed and protected in the same manner as the access to the County road. Provided, however, if such staging area is accessed off a County road in a different location from the access to the oil and gas facility then an additional access permit shall be obtained prior to the use of the area. The staging area will be authorized for a period of one (1) year, but if required beyond that period, the operator shall file an application for its continuation under the Sec. 2-20-150 at least ninety (90) days before the year expires.

(j) Roads and Access

The following requirements are applicable to roads over which Pitkin County has jurisdiction, (such as public roads, but not to private, internal roads):

Prior to commencing operations, the operator shall apply for and receive approval of a Pitkin County Access Permit and Road Use Permit for each oil and gas facility accessed off a County road.
No other haul route than the route approved by the Board of County Commissioners or its designee may be used without written consent of the Board.
The County shall determine the current condition of the County roads and if the roads will be able to handle the number and weight of proposed truck traffic. The operator shall agree to bond these designated haul routes in an amount determined necessary by the Board and return the road surfaces in equal or better condition after completion of drilling. The operator shall further comply with any regulations in place in Pitkin County which require a special use permit or a road use permit to cover the proposed operations of the operator. If Pitkin County determines the existing haul routes, or a portion thereof, are not able to handle the weight and number of truck traffic, the operator and the County will negotiate an agreement to determine the operator's share of any needed improvements.
With respect to roads over which the County may exert jurisdiction, the operator will endeavor to ensure that texture and composition of any disturbed areas will be similar to that of the surrounding undisturbed ground. Exhumed rock that cannot be backfilled will be disposed of in a manner that is compatible with the surrounding area. Any areas that may be compacted or rutted by wheeled traffic, and other areas disturbed by construction, will be re-contoured and reseeded in a manner that minimizes the possibility of erosion.
The operator will avoid scheduling heavy truck traffic on County roads between October 1 and May 1 because of muddy conditions and frost heave. Operator will seek approval from the local Road & Bridge Foreman to use the roads during this period of time. If the operator cannot avoid using County roads for heavy truck traffic during this period of time, the Board may impose additional bonding requirements to remediate anticipated road damage.
To the extent that heavy truck traffic resulting from the operations of the operator will impact residential neighborhoods, the applicant will use its best efforts to minimize such heavy truck traffic between the hours of 11:00 p.m. and 6:00 a.m.
Operator shall control fugitive dust emissions from oil and gas operations on all access and County roads used as haul routes as part of oil and gas operations.
A drainage plan relating to the access roads will be prepared and submitted to the County.

(k) Security

Security arrangements, including fencing and locked gates for oil and gas facilities shall be as mutually agreed between the operator and the surface owner.
Operator may be required by the County to construct a gate at the point of access to the County road, so long as emergency vehicle passage is not restricted.
Open-ended discharge valves on all storage tanks, pipelines, and other containers shall be secured where the facility site is unattended and/or accessible to the general public.

(l) Trash and Waste Removal

Oil and gas operations shall be conducted in such a manner that liquid and solid wastes and other nuisances are confined to the site or disposed of in compliance with any applicable County regulations so as to avoid any adverse impact on adjoining lands. An adequate container is required at each facility to handle municipal solid waste and construction debris. All other solid waste if intended for disposal at the Pitkin County Landfill will require approval of the Pitkin County Solid Waste Coordinator prior to disposal.
Chemical toilets shall be required and shall be pumped and maintained in a sanitary condition by a contractor licensed by Pitkin County.

(m) Utilities and Utility Easements

All utilities and associated utility easements required for oil and gas facilities/operations shall be provided to the site as specified by the utility providers.

(n) Visual Impact Mitigation

The County may require reasonable vegetative screening requirements on well sites and associated infrastructure. In addition, permanent oil and gas facilities shall be located to avoid crossing hills and ridges or silhouetting to the extent reasonably possible.

The visual impact mitigation provisions of these regulations shall apply if:
- (a) The oil and gas facility is located within three hundred fifty (350) feet of an existing residential dwelling, unless a waiver is obtained in writing from the homeowner, or
- (b) Public facilities, including public parks, schools, hospitals or similar facilities are within a one thousand (1000) foot radius of the facility; unless a waiver is obtained in writing from the County, school district, hospital association or other public entity; or
- (c) The oil and gas facility is located within two hundred (200) feet of a maintained public road; or
- (d) The oil and gas facility is visible from a designated scenic byway (West Elk Scenic Byway or Grand Mesa Scenic Byway).
Visual Impacts
- (a) Oil and gas facilities shall be located away from prominent natural features such as distinctive rock and landforms, river crossings and other landmarks.
- (b) Oil and gas facilities shall be located to avoid crossing hills and ridges or silhouetting.
- (c) The operator shall use structures of minimal size to satisfy present and future functional requirements.
- (d) When clearing trees and vegetation for construction of oil and gas facilities, the operator shall feather and thin edges of vegetation.
- (e) The operator shall locate facilities at the base of slopes to provide a background of topography and/or natural cover.
- (f) The operator shall replace earth adjacent to water crossings at slopes less than the natural angle of repose for the soil type of the site.
- (g) The operator shall align access roads to follow existing grades and minimize cuts and fills.
- (h) Oil and gas facilities shall be painted as follows:
  1. Uniform, non-contrasting, non-reflective color tones, similar to Munsel Soil Color coding system.
  2. Color matched to land, not sky, slightly darker than adjacent landscape.
- (I) The operator shall minimize damage to existing trees and vegetation.
- (J) Dimensions for an oil and gas facility shall be the minimum size necessary to provide a safe work area and minimize surface disturbance.
- (K) Utilities
  1. For utility corridors: varying the visual line created in the landscape to match the existing terrain and vegetation.
  2. New utility distribution lines serving oil and gas facilities shall be underground. EXCEPTION: This requirement may be waived where geologic or hydrologic conditions prohibit underground installation.
- (J) One or more of the following landscape practices may be applied on a site specific basis:
  - Establishment of ground cover.
  - Shaping cuts and fills to appear as natural forms.
  - Cutting rock areas to create irregular forms.
  - Designing the facility to utilize natural or planted screens.
  - Construction of fences for use with or instead of landscaping.
  - The provisions of subsections 2.a-2.g above may be waived if the operator notifies the County that geologic, topographic, or hydrologic conditions preclude compliance, or if a surface use agreement entered into between the operator and the surface owner is inconsistent herewith.
  - Scenic Byways
  - Oil and gas facilities within the viewshed of the West Elk Scenic Byway and the Grand Mesa Scenic Byway, should generally not be located on ridgelines with a direct affect on the skyline or block viewsheds from adjoining properties.

(o) Noxious Weed Control

The operator shall be responsible for noxious weed control on oil and gas facility sites and roadways during construction and operation of the facility, until the Colorado Oil and Gas Conservation Commission reclamation bond is released or operation of the facility is terminated.
The appropriate noxious weed control methods and species to be controlled shall be determined through review and recommendation by the Pitkin County Weed Coordinator.

(p) Time Frame

A mutually agreed upon time frame shall be established between the applicant and Pitkin County to determine the timeline for the completion of the construction and development including the installation of all infrastructure. In the absence of a specific agreement otherwise, the applicable time frame shall be deemed to be two (2) years from the date of the approval by the Board of County Commissioners. One (1) or more extensions may be granted by the Board.

(3) Oil and Gas Gathering Systems and Transmission Pipelines

The following performance standards apply to the siting, construction and operation of gathering systems and transmission pipelines within Pitkin County, as defined in Chapter 11.

(a) Access by Pitkin County Local Government Designee

(b) Emergency Response Requirements

Each operator with oil and gas facilities/operations in Pitkin County is required to provide an emergency response plan The plan shall be filed with the County and updated on an annual basis or as conditions change (responsible field personnel change, ownership changes, etc.). The emergency plan shall consist of the following information, as a minimum:
- (a) Name, address and telephone number, including a 24-hour emergency number of at least two (2) persons responsible for emergency field operations.
- (b) An as-built facilities map showing the name, location, and description of all oil and gas facilities, including the size and type of all pipelines and isolation valves (note: isolation valves shall not be operated by anyone except the owner of the pipeline). The map shall be prepared either manually on U.S.G.S. 7.5 Minute Series maps (1"=2000'), or digitally on the County Geographic Information System Parcel Maps, if available. The as-built facilities map which includes the information regarding the location of isolation valves shall be held confidentially by the County's Emergency Management Staff and shall only be disclosed in the event of an emergency. The County's Emergency Management Staff shall deny the right of inspection of the as-built facilities map to the public pursuant to C.R.S 24-72-204(3)(a)(IV). An operator who is new to Pitkin County and has no facility shall supply the information in this paragraph within six (6) months of commencement of operations.
- (c) Provide a written response plan for the potential emergencies that may be associated with the operation of the facilities. This may include any or all of the following: explosions, fires, gas or water pipeline leaks or ruptures, hydrogen sulfide or other toxic gas emissions, or hazardous material vehicle accidents or spills.
- (d) Project specific emergency response plans are required for any project that involves the handling or transport of hazardous material, as determined by the County's Emergency Management Staff. This plan shall be coordinated with and approved by the County's Emergency Management Staff prior to beginning field operations.
Oil and gas facilities shall be located and designed so as to provide access by fire or other emergency response personnel and vehicles.
All storage tank batteries shall be bermed, subject to requirements placed on oil and gas facilities according to Colorado Oil and Gas Conservation Commission rules and regulations.
The operator shall obtain an address from the county before beginning any work on the site other than site analysis and surveying. The oil and gas facility shall be incorporated into the E911 Emergency Reporting System.
The operator shall provide special training and on-site orientation at the project site for personnel from the Fire District and/or the Pitkin County Hazardous Material Team. The operator agrees to furnish equipment (spill kit) to contain spills including the testing of fluids on land and in water courses to the Fire District personnel and/or the Pitkin County Hazardous Material Team in the event of a truck accident, spill and/or fire.
The operator shall become a member and pay any necessary fees of the applicable Ambulance Service prior to commencing operations to construct the facility or pipeline.

Upon the specific request of the County Planner or Board, in the exercise of its reasonable discretion, a Registered Professional Engineer in the State of Colorado or qualified geologist shall certify that any oil and gas facilities constructed on slopes of thirty (30) percent or more shall not create any significant hazard or slope failure or accelerated soil erosion and submit a report to Pitkin County.
The operator will endeavor to insure that texture and composition of any disturbed areas will be similar to that of the surrounding undisturbed ground. Exhumed rock that cannot be backfilled will be disposed of in a manner that is compatible with the surrounding area. Any areas that may be compacted or rutted by wheeled traffic, and other areas disturbed by construction, will be re-contoured and reseeded in a manner that minimizes the possibility of erosion.

(d) Federal, State and Local Regulations

All oil and gas operations shall comply with federal, state and local regulations applicable to the proposed operations. An applicant is required to obtain federal or state permit approval(s) before the County can grant final approval. The County will process such an application under the County's normal procedures and timetable, but County approval will not become effective until all requisite state and federal permits are obtained.
An applicant shall inform the County of any notice of non-compliance by the appropriate authority concerning a state or federal permit within a reasonable time, not to exceed thirty (30) days from the applicant's receipt of such notice. The County may not, however, take any action with regard to a pending or existing development agreement different than the state or federal agency as a result of the alleged non-compliance with approvals issued by those agencies. The County may only suspend or revoke a development agreement as a result of a notice of non-compliance if the applicable federal or state agency has suspended or revoked its corresponding permit approval as a result of the alleged non-compliance. In the event that the County has suspended or revoked a development agreement in this circumstance, it must reinstate the development agreement when the applicable state or federal agency reinstates its corresponding permit for whatever reason.
By requiring such compliance in this Land Use Code, Pitkin County does not presume any absolute right to enforce state or federal regulations.

(e) Fire Protection

If the oil and gas facilities are located in a severe or low to moderate wildfire hazard area, the fire mitigation plan shall include detailed information as to fuel location, hazardous materials and proposed methods of fire suppression, including the use of foam. The operator shall comply with the recommendations (if any) of the Fire District to mitigate any fire hazards at the facilities.
The operator shall comply with any state and local fire restrictions applicable to the property upon which oil and gas facilities will be located. If there is a County fire ban, no open flames should be allowed without additional approval of the Board of County Commissioners or its designee.
For oil and gas facilities located outside the boundaries of a Pitkin County Fire Protection District, the operator shall agree to reimburse each Fire District for all costs of responding to and fighting any fire and/or emergency situation requiring the presence of the Fire District.

(f) Floodplain

Oil and gas facilities that are located within, or partially within, a special flood hazard area shall comply with the requirements of the Pitkin County Floodplain Regulations.

No oil and gas operation shall result in the handling or storage of hazardous materials in a special flood hazard area. Any other outdoor storage permitted in a special flood hazard area shall be of materials that will not float, or that are confined by a fence or other means to prevent flotation.

(g) Geologic Hazard

Oil and gas operations shall not cause a significant risk of geologic hazards.

(h) Impact on Agriculture

Where irrigation and waste water ditches, pipelines, waterways or any other means of conveyance cross or adjoin the land proposed to be developed, adequate provisions shall be made to ensure that their use, including the maintenance thereof, will continue uninterrupted. Ditch rights of way shall be recognized and/or granted-if not already established. Existing historical easements utilized to gain access to ditches, headgates and fences for maintenance shall be preserved or replaced with alternate easements suitable for a continuation of historic use. No operator shall channel storm water, produced water or snowmelt runoff into any irrigation system without the written consent of the responsible irrigation entity.
Oil and gas facilities/operations shall not interfere with the irrigation of neighboring lands or alter any irrigation system without the written consent of the affected entity.

(i) Insurance and Financial/Performance Security

Each operator shall maintain general liability insurance for property damage and bodily injury to third parties as required by the Colorado Oil and Gas Conservation Commission, and such policy shall include Pitkin County as a certificate holder so that the County may receive advance notice of cancellation.
In addition to the requirements of Section (l)3., concerning road bonds, the operator shall provide one form of the following security to assure compliance with mitigation requirements set forth in these regulations and specific conditions of approval for oil and gas gathering lines and transmission pipelines. Five thousand dollar ($5,000.00) performance bond for each oil and gas facility up to a maximum of fifty thousand dollars ($50,000.00) County wide blanket bond for all facilities operated by the applicant within the County; irrevocable letter of credit; or equivalent financial security acceptable to the County.
For purposes of this section a "facility" is defined as: (1) Any collection of equipment that processes or stores produced oil and/or gas after production related activities are conducted at or near the well head, or (2) Each five (5) miles, or a fraction thereof, of a transmission pipeline which is part of the gathering system for oil and/or gas production. A combined oil and gas facility shall be counted as a single facility.

(j) Notice/Exchange of Information

The operator shall notify the County with respect to the following events:

Upon the commencement of final reclamation of each project or facility installation or upon a request for waiver of final reclamation pursuant to Section 1001.C. of the Rules of the Colorado Oil and Gas Conservation Commission.
With respect to any sale, lease or other reassignment of the operating interest in the oil and gas facility/operation to another party, within thirty (30) days after the transfer.
Any permits obtained by operator from federal and state agencies pursuant to their regulations, e.g., stormwater discharge permit, including copies of said permits, as well as copies of written notices of any alleged violations of federal or state law received by operator concerning oil and gas operations in Pitkin County.

(k) Off-Site Staging Area

If an off-site staging area is required during the construction and operation of an oil and gas facility, the area shall be constructed and protected in the same manner as the access to the County road. Provided, however, if such staging area is accessed off a County road in a different location from the access to the oil and gas facility then an additional access permit shall be obtained prior to the use of the area. The staging area will be authorized for a period of one (1) year, but if required beyond that period, the operator shall file an application for its continuation under Sec. 2-20-150 at least ninety (90) days before the year expires.

(l) Roads and Access

Prior to commencing operations, the operator shall apply for and receive approval of a Pitkin County Access Permit and Road Use Permit for each oil and gas facility accessed off a County road.
No other haul route than the route approved by the Board of County Commissioners or its designee may be used without written consent of the Board.
Pitkin County shall determine the current condition of the County roads and if the roads will be able to handle the number and weight of proposed truck traffic. The operator shall agree to bond these designated haul routes in an amount determined necessary by the Board and return the road surfaces in equal or better condition after completion of drilling. The operator shall further comply with any regulations in place in Pitkin County which require a special use permit or a road use permit to cover the proposed operations of the operator. If Pitkin County determines the existing haul routes, or a portion thereof, are not able to handle the weight and number of truck traffic, the operator and Pitkin County will negotiate an agreement to determine the operator's share of any needed improvements.
The operator will avoid scheduling heavy truck traffic on County roads between October 1 and May 1 because of muddy conditions and frost heave. Operator will seek approval from the local Road & Bridge Foreman to use the roads during this period of time. If the operator cannot avoid using County roads for heavy truck traffic during this period of time, the Board may impose additional bonding requirements to remediate anticipated road damage.
To the extent that heavy truck traffic resulting from the operations of the operator will impact residential neighborhoods, the applicant will use its best efforts to minimize such heavy truck traffic between the hours of 11:00 p.m. and 6:00 a.m.
Operator shall control fugitive dust emissions from oil and gas operations on all access and County roads used as haul routes as part of oil and gas operations.
A drainage plan relating to the access roads will be prepared and submitted to the County.

(m) Security

Security arrangements, including fencing and locked gates for oil and gas facilities shall be as mutually agreed between the operator and the surface owner.
Operator may be required by the County to construct a gate at the point of access to the County road, so long as emergency vehicle passage is not restricted.
Open-ended discharge valves on all storage tanks, pipelines, and other containers shall be secured where the facility site is unattended and/or accessible to the general public.

(n) Trash and Waste Removal

Oil and gas operations shall be conducted in such a manner that liquid and solid wastes and other nuisances are confined to the site or disposed of in compliance with any applicable county regulations so as to avoid any adverse impact on adjoining lands. An adequate container is required at each facility to handle municipal solid waste and construction debris. All other solid waste if intended for disposal at the Pitkin County Landfill will require approval of the Pitkin County Solid Waste Coordinator prior to disposal.

(a) Chemical toilets shall be required and shall be pumped and maintained in a sanitary condition by a contractor licensed by Pitkin County.

(o) Utilities and Utility Easements

All utilities and associated utility easements required for oil and gas facilities/operations shall be provided to the site as specified by the utility providers.

(p) Visual Impact Mitigation

Gathering systems and transmission pipelines shall be located to avoid crossing hills and ridges or silhouetting, to the extent reasonably possible.
When clearing trees and vegetation for construction of oil and gas facilities, the operator shall feather and thin edges of vegetation.
The operator shall align access roads to follow existing grades and minimize cuts and fills.
The operator shall minimize damage to existing trees and vegetation.
Utilities
- (a) For utility corridors: varying the visual line created in the landscape to match the existing terrain and vegetation.
- (b) New utility distribution lines serving oil and gas facilities shall be underground. EXCEPTION: This requirement may be waived where geologic or hydrologic conditions prohibit underground installation.

(q) Noxious Weed Control

The operator shall be responsible for noxious weed control on oil and gas facility sites and roadways during construction and operation of the facility, until the Colorado Oil and Gas Conservation Commission reclamation bond is released or operation of the facility is terminated.
The appropriate noxious weed control methods and species to be controlled shall be determined through review and recommendation by the Pitkin County Weed Coordinator.
Wildlife

When an oil and gas facility is located within a critical wildlife habitat or wildlife migration corridor, the following mitigation measures shall be considered and addressed in one (1) or more of those documents required to be submitted pursuant to the Pitkin County Land Use Application Manual:

(a) Avoid construction activities during critical use periods. (Examples: near eagle nests during nesting, on big game winter ranges during winter, and during big-game hunting seasons.)
(b) Avoid conducting on-site operation and maintenance activities during critical use hours.
(c) Confine vehicular access to established roads except under emergency circumstances.
(d) Install gates that can be locked at first property boundary crossed when accessing facility from closest public road.
(e) Conduct work in streams in a manner that minimizes siltation and erosion and at a period of little or no flow.
(f) Place pipe below channel scour depths in streams and rivers to avoid partial diversion or channel discharges.
(g) Stabilize excess material at stream and river crossings in place or remove off site.
(h) Complete fueling and lubrication of construction equipment away from aquatic environments.

(r) Time Frame

(s) Construction Standards/Disclosure

Upon completion of the project, but prior to placing it in service, the applicant shall provide certification acceptable in the industry or other evidence satisfactory to the County Planner that the construction was completed as designed or amended or that all construction and material quality assurance standards are no less than a Class II Standard, as defined in DOT CFR 49, Part 192.5.
The following disclosure statement shall be completed and included in the Development Agreement and a copy shall be sent to all property owners upon which the gathering system is located and the property owners located within the 220 yard setback on either side of the centerline of the pipeline:

"The gathering system has been designed, constructed and installed to a Class _ classification which restricts the number of separate buildings intended for human occupation (dwelling units) to ______ within the class location unit, the area extending two hundred twenty (220) yards on either side of the centerline of any continuous one (1) mile running length of pipeline."

(i) Ranching

(a) In the RR zone district, agricultural operations and practices are limited to those that were in existence prior to the date the property was zoned to Rural and Remote.

In the LIR-35 zone district, uses by right are limited to (a) farming or ranching conducted for the primary purpose of obtaining a monetary profit, and (b) single family dwelling unit and associated accessory structures and uses that may be accompanied by farming or ranching not conducted for the primary purpose of obtaining monetary profit.

(Code revised (all sections) Ord. 014-D, 2006, 07-05-08; § 4-30-20 (part) amended by Ord. 019-09; 06-24-09)

Report abuse

4-30-20 Agricultural and Resource

How To Documents

Return to Title 8 Directory