Adams County staff propose administrative waiver for oil and gas setbacks near environmentally sensitive areas

Greg Dean, Adams County's oil and gas administrator, told the Board of County Commissioners that staff is proposing an administrative waiver process for oil and gas facilities located between 1,000 and 2,000 feet of environmentally sensitive areas such as wetlands, rivers and lakes. Under current county rules, new oil and gas facilities located within 2,000 feet of identified environmentally sensitive areas require a waiver from the board; Dean told commissioners he is not proposing to change the 2,000-foot setback itself but wants an administrative path for facilities between 1,000 and 2,000 feet.

Dean said the administrative waiver would require operators to submit specific best-management practices and conditions as part of the request, including a third-party environmental site assessment from a reviewer approved by the county and, when appropriate, letters of concurrence from technical state agencies such as the Colorado Department of Public Health and Environment (CDPHE) or Colorado Parks and Wildlife (CPW). "This would allow us to leverage state agencies that have more expertise," Dean said, adding that mitigation could include stormwater controls, spill prevention, secondary containment for tanks and requirements to site equipment away from the sensitive areas.

Staff characterized the administrative waiver as creating a tiered approach: facilities more than 2,000 feet from sensitive areas would continue to proceed without a waiver; facilities between 1,000 and 2,000 feet could seek an administrative waiver subject to conditions; anything closer than 1,000 feet would require board hearing and approval. Dean said the change is intended to create a predictable, enforceable set of mitigation requirements for sites that are not immediately adjacent to environmentally sensitive areas and to provide an incentive for operators to site facilities farther from sensitive resources.

Commissioners asked about how the waiver details would be presented in hearing packets if applicants instead chose the board route; staff said they would include a summary in the staff report that flags any mitigation actions that an applicant did not pursue in lieu of an administrative waiver. Dean noted the county's current 2,000-foot setback is significantly more protective than state standards and that the administrative waiver would remain more protective than state practice, citing that some state guidance recommends mitigation only within smaller distances.

No formal action was taken; the proposal was presented for direction and to inform ongoing DSR work. Staff indicated the county would coordinate with CPW, CDPHE and the Colorado Natural Heritage Program to refine setback metrics and the tiered approach before returning with recommended language and implementation steps.