Aurora council adopts UDO setbacks and easement rules for plugged oil and gas wells

Aurora City Council on Aug. 11 unanimously adopted an amendment to the Unified Development Ordinance (UDO) adding setback, easement and replugging provisions for plugged oil and gas wells in the city.

The change adds a defined “setback area” around plugged wells, requires a limited recorded easement for city access and clarifies that state-permitted operators may perform replugging work under a surface-use agreement with landowners. Jeffrey Moore, manager of Aurora’s Energy and Environment Division, told council the rule is meant to preserve space around wells so equipment can be brought in with minimal disruption.

Moore said the city currently has 68 plugged wells and expects that number to grow; about half of Aurora’s plugged wells have been replugged since 2020. He described the adopted package as a three-part approach: an area reserved on the surface (setback), a recorded easement allowing city staff noninvasive soil testing, and a process for licensed operators to replug wells with state permits and a surface use agreement.

Under the ordinance the setback area is described as roughly 150 feet by 150 feet (about 22,500 square feet, or just over half an acre). Within that area the UDO now prohibits permanent structures; additional minimum clearances include 25-foot separation from above-ground utilities, a 50-foot building setback and a 100-foot buffer from residences, schools and hospitals. Moore said staff reduced the initial proposal from 200-by-200 feet after consulting the development community and other jurisdictions along the Front Range.

The recorded easement is intended to be permanent, “runs with the land” and will allow city staff to use handheld instruments to test for elevated hydrocarbon levels without seeking further approvals, Moore said. He also noted a state requirement from the Energy and Carbon Management Commission (ECMC) that can require replugging certain wells before new drilling occurs within 1,500 feet.

Public commenters urged still-stronger protections. One caller, Ante, said: “The UDO amendment should be more than a checkbox. It should be a declaration that your city will not gamble with safety.” Other speakers raised environmental justice concerns and called for enforceable, measurable protections to ensure long-term safety.

Council member Gardner moved adoption of item 11a; council member Coombs seconded. The motion passed unanimously.

The ordinance directs city staff to record easements with the county and to coordinate inspections and any necessary replugging with state inspectors and licensed operators. Staff said existing improvements and structures constructed before the ordinance take effect are exempted.

Council and staff emphasized the amendment is intended to keep future access options open — for work that might be required five to fifty years from now — while preserving development flexibility for landowners and developers.

A next administrative step is recording easements and updating internal permitting checklists so developers must identify and survey plugged well locations during site planning.