ECMC Rule 604: A working pad surface cannot be less than 500 feet from one or more residential building units without a waiver from resident.

Proposed City Concept: Prohibited in traditional residential zoning areas. 2000 feet from “high risk” areas such as schools, day cares, and hospitals (no waiver.) 1000 feet from residential lots, parks, water supply intakes (waiver from impacted residents allowed.) 

Policy Rationale: Proximity to O&G facilities involves exposure to elevated concentrations of substances that are known to be harmful to humans. 

ECMC: No rule

Proposed City Concept: Proposed a 1,000 foot setback during preproduction and early production (first three years), tiered setback for production phase of 200 to 500 feet depending on the number of wells on the oil and gas location, and a post-production phase of 200 feet unless developer can demonstrate well is safely plugged and is not a threat to leak can be reduced to 50 by 100 feet. 

Policy Rationale: Proximity to O&G development may cause exposure to harmful emissions, and proximity to wells that are not properly plugged and abandoned could result in catastrophic loss. This regulation is in furtherance of the public welfare.

5 CCR 1001-9: Requires control of emission sources of more than 3 tons of VOCs per year as well as regular leak detection inspections, continuous monitoring, and banning methane emissions from pneumatic controllers.

Proposed City Concept: Requires all permanent equipment to be electrified from the power grid. Requires drilling rigs to also use electric line power. Requires use of pipelines for oil and gas (to eliminate nearly all truck traffic during production).

Policy Rationale: Larimer County is among the areas of the Front Range that are out of attainment with federal ozone standards. Reducing emissions will enhance air quality and human health.

ECMC Rule 304.b(2): Required whenever the location is within a city, 2,000 feet of a home, 2,000 feet of local government boundary, a floodplain, high priority wildlife habitat, 2,640 feet of a public water supply, etc.

Proposed City Concept: Require greater informational requirements than ECMC or other local governments. 

Policy Rationale: O&G development is an intensive land use during certain phases, attempting to find an ideal location where the negative externalities associated with development are isolated is ideal.

ECMC Rule 423: Requires oil and gas drilling and completion operations at light industrial noise levels of up to 65 dB(A)s in residential areas.  Sets limit of 65 dB(C) during drilling and completions.  Requires continuous noise monitoring when within 2,000 feet of homes.

Proposed City Concept: Requires a strict Noise Mitigation Plan, increased protections near homes, and strict noise limits that are more restrictive than ECMC, and more extensive complaint response.

Policy Rationale: O&G Development during phases can be disruptive to life activities within a home. Ideally the City seeks to minimize the noise experienced by the community by O&G development. Protects the welfare of the community.

ECMC Rule 615: Requires baseline testing of up to four nearby water wells and follow-up testing in six months and six years.

Proposed City Concept: Requires water quality tests of all available sources within ½ mile (as opposed to four required by Rule 615) and requires testing of constituents beyond what is required by the state.

Policy Rationale: O&G fluids used during development seeping into underground aquifers may diminish and pollute the water supply. Greater verification with horizontal drilling ensures leaks are not occurring and, when they do, that corrective measures are taken by the operator in furtherance of the public welfare. Increases fairness by ensuring water quality testing for all who want it.

ECMC: No relevant rule.

Proposed City Concept: Requires all permanent equipment to be electrified from the power grid. Requires drilling rigs to also use electric line power.

Policy Rationale: Reduction in emissions and noise in furtherance of the public welfare. Higher propensity to be in closer proximity to power over County. City/County geographic difference.

ECMC Rule 303.c(6): Defers to local governments for transportation planning.  Transportation is not regulated by the ECMC. 

Proposed City Concept: Requires transportation planning and for operator to pay for needed transportation improvements.

Policy Rationale: O&G Development will impact road networks and development should pay for any adverse impact on road networks. In furtherance of public welfare and to protect Loveland taxpayers.

ECMC Rule 603.h: Requires fencing, subject to surface owner approval, if “determined necessary by the director.” Pumps and pits require fencing. 

Proposed City Concept: Requires permanent 6’ high fencing for security and aesthetics.  Gates must be locked but the Knox Box to allow for emergency entrance.

Policy Rationale: Fencing to exclude public from O&G locations is needed for security and public safety.  O&G Development are unattractive and not aesthetically pleasing. Proper screening will help blend the development into the background in support of the public welfare.

ECMC Rule 424: Contains extensive lighting standards. Rule 425 is limited to the painting of equipment to match the surrounding landscape.

Proposed City Concept: Requires a Visual Mitigation Plan, a site-specific Landscaping Plan, and a Lighting Plan.

Policy Rationale: The proposed plans cover nuisances or negative externalities of O&G development. Requiring a detailed plan to mitigate the aforementioned furthers the public welfare.

ECMC: State law does allow local governments to fund inspectors through fees “to cover the reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and to enforce local governmental requirements.”  C.R.S. 29-20-104(2)(c). 

Proposed City Concept: Proposed rules allow for unannounced inspections and requires inspection invoices to be reimbursed by operator.

Policy Rationale: The City should not be negatively impacted from a budget perspective. City has an interest in ensuring its standards are being satisfied.

ECMC: No Rule

Proposed City Concept: Requires use of pipelines for oil.  Requires use of pipelines for water if feasible.

Policy Rationale: Fewer heavy trucks, fewer emissions, less traffic concerns. Pipelines are more efficient and reduce negative externalities in furtherance of the public welfare.

ECMC Rule 304.c(5) and Rule 427: Requires preparation of an extensive dust mitigation plan including evaluation of cumulative effects of dust. 

Proposed City Concept: Requires dust mitigation plan and response to dust complaints within 24 hours. 

Policy Rationale: In a City environment, fugitive dust is a nuisance, and adjacent property owners will be impacted. Requirements mitigate fugitive dust and are in furtherance of public health and welfare.

ECMC 700 Series Rules: The state requires $100,000 / location and $20,000 - $40,000 / well as a base financial assurance for low producing operators. Higher producing operators may pay considerably less.

Proposed City Concept: Requires $30,000 per well and $100,000 per location (the default per well amount currently required by ECMC). 

Policy Rationale: In the event of a failure or contamination, the City should not have to pay any funds out of the general fund, and the cost of clean-up or other associated costs should belong to the operator/developer. This regulation furthers public welfare.