HomeMy WebLinkAbout1.00 General Application MaterialsGurfteld County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970194s-82L2
www.garfield-countv.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
ministrative Review
A LUCP
SUP
Minor Te m pora ry Housing Facility
acation of a Cou Road/Public ROW
Location and Extent Review
l_lCom prehensive Plan Amendment
l-lPipeline Develo nt
Development in 100-Y ear Floodplain
Development in 100-Year Flo odplain Vari ance
Code Text Amendment
I Rezoning
e District Epuo np UD Amendment
ministrative lnter ron
eal of Administrative lnter on
s and Activities of State lnterest
mmodation Pursuant to Fair Housing Act
aria nce
Limited lmpact Review
ajor lmp act Review
l-lAmendments to anI lLrn I lvtn
(also cme Extension heck type of original applicatio n)
INVOTVED PARTIES
Owner/Applicant
Name:Glenn Hartmann Director of Garfield County Community Development p6on". 1 970 ) 945-1 377 (4570)
Mailing Address 108 8th. St., Suite 401
City . Glenwood Springs state: Co Zip code:81-601
E-mait : G Hartman n@garfield-cou nty.com
Representative (Authorization Required)
Name: Philip Berry Phone: ( 970
)
e45-1377 (1580)
Mailing Address 08 8th. St., Suite 401
City:Glenwood Springs state: co Zip code:81 601
E_mail: PBerry@garfield-cou nty.com
PROJECT NAME AND LOCATION
Project Name:
LUDC Text Amendments Articles 7, 9, and 15 involving Oil and Gas and Solar Energy
Assessor's Parcel Number:
Legal Description
Physical/Sueet Address:
Zone District:Property Size (acres)
Proposed Use (From Use Table 3-4031:
For Appeal of Administrative lnterpretation please include:
1. The Decision you are appealing.
2. The date the Decision was sent as specified in the notice {date mailed}.
3. The nature of the decision and the specified ground for appeal. Please cite specific code sections
and/or relevant documentation to support your request.
4. The appropriate appeal fee of$250.00.
5. Please note a completed Appeal Application and fees must be received within 30 calendar days
Existing Use:
Description of Project:
Submission Requirements
tr The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List
Section:
Scction:
Section:
Section:
Waiver of Standards
E the Applicant is requesting a Waiver of Standards per Section 4-118. List
Section
Section
Section:
Section:
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
//liua,k-
Signature of Property Owner or Authorized Representative, Iitle Date
,rlt{z+
File Number: -Fee Paid:
2024 CODE AMENDMENTS FOR ARTICLES 7, 9, AND 15 OIL AND GAS REGULATIONS AND SOLAR ENERGY SYSTEMS
STAFF Philip Berry, AICP
DATE May 1, 2024
SUBJECT Code Amendments
In accordance with Section 4-114 of the Garfield County’s current Land Use and Development
Code, staff is recommending text amendments to Articles 7, 9, and 15 of the code. These
amendments are aimed at creating more streamlined and targeted review of development
activities related to oil and gas facilities and solar energy systems within Garfield County. OIL AND GAS REGULATIONS AMENDMENTS BACKGROUND
Since the previous amendment of Article 9: Pipelines and Oil & Gas Code of the Land Use and
Development Code, staff have determined that amendments to the text may better achieve the
County’s long-term goals. Community Development staff solicited and received input from the
County’s Oil and Gas Liaison, county oil and gas consultants, and industry representatives. TEXT UPDATES AND CORRECTIONS
Since the last code update, the Colorado Oil and Gas Conservation Commission (COGCC)
has changed its name to Energy and Carbon Management Commission (ECMC). All
references to COGCC should be updated to ECMC. Other typographical errors will also be
updated. NEIGHBORHOOD MEETINGS
Garfield County’s Oil and Gas liaison, Kirby Wynn, specifically discussed Section 9-203.D
requirements that an applicant hold a neighborhood meeting (separate from public hearings),
and that the applicant provide an audio recording of the meeting. While a summary report of
the meeting should be required, requiring an audio recording may be unnecessary due to the,
often limited, size of these meetings. Removing this requirement will simplify the process, but it
would not supersede any state requirements for audio recordings.
Community Development Department
2
SETBACKS FOR LOT LINES FROM OIL AND GAS
Section 9-213 requires setbacks for new structures and lot lines from oil and gas facilities.
These setbacks reflect ECMC’s setbacks that require new oil and gas facilities be certain
distances from residential structures, lot lines, and other improvements (such as schools).
ECMC’s setbacks can be found in Section 604 of its Safety and Facility Operations
Regulations 600 Series. In addition to supporting the long-term health and safety of future
developments in Garfield County, the LUDC’s setbacks limit the restrictions any future oil and
gas activities on existing pads would have if buildings or other improvements are developed
inside of ECMC’s setbacks.
Section 9-213.C allows for the LUDC’s Waiver of Standards (Section 4-118) provisions to
apply to Section 9-213.A and B. However, it does not include item D, which requires a 350-foot
setback of lot lines from oil and gas facilities. On larger parcels, lot lines could be placed closer
than 350 feet to the oil and gas facility, but still allow for adequate spacing between new
homes or high occupancy structures and the oil and gas facilities. Staff recommends allowing
a waiver request to reduce that setback. Those requests will be subject to the review criteria
for Waivers of Standards. SETBACKS FOR BUILDINGS FROM PLUGGED AND ABABONDED WELLS
During the 2023 Energy and Environment Symposium, one of the sessions discussed local
setbacks from plugged and abandoned wells. The plugs and caps used to seal an abandoned
well can fail, requiring the responsible party to redo this reclamation work. This requires heavy
machinery to access the abandoned well, and the speakers at this session noted that most
setbacks are too small to allow appropriate access to the well site. Section 9-213.F currently
requires a 25-foot setback for new buildings from plugged and abandoned wells. Industry
professionals provided a range of 100 to 150 feet of space needed to do this work. Staff
proposes to increase the required setback to 150 feet and for this setback to be eligible for a
Waiver of Standards (Section 4-118). SOLAR ENERGY SYSTEMS REGULATIONS – AMENDMENTS BACKGROUND
The current LUDC definitions and regulations for Solar Energy Systems are based on the
combined name plate DC of the proposed system. The LUDC currently has three levels of
solar energy systems. Accessory systems are those rated as less than 15 kW and are allowed
by right. Small systems are between 15 and 500 kW, and large systems are those greater than
500 kW. Small and Large systems may require a land use change permit based on what
zoning district they are in.
Current best practices recommend focusing on the physical size of systems. As technology
improves, smaller systems will have higher DC ratings. In 2023, staff reviewed 4 Small Solar
3
Energy Systems and 2 Large Solar Energy Systems. The negative impacts of solar systems
primarily involve the loss of open space, agricultural land, and/or habitat. This ties into visual
impacts on neighboring properties. Large scale systems are more complicated than smaller
systems for emergency access and wildfire mitigation concerns. Generally, solar facilities are
low risk for fire (note that electrical permits are handled by the State of Colorado not Garfield
County Community Development). Utility scale systems may include Battery Energy Storage
Systems (BESS), and these units have been well described and reviewed in the permitting
process.
The review of Small Solar Energy Systems has demonstrated to staff that these systems are
low impact, especially roof mounted systems. Glare analysis has been included with each
application and none have shown any issues. Roof mounted systems have been less impactful
than ground mounted systems. SOLAR ENERGY SYSTEMS DEFINITIONS AND PERMIT REQUIREMENTS
Staff proposes amendments to the LUDC to change the definitions so that accessory systems
are 2,500 sq ft or less in size and limited to less than 10% of the lot size. Small Solar Energy
Systems would be between 2,500 sq ft and 43,560 sq ft (1 acre), and any system larger than
an acre would be considered a Large Solar Energy System. SOLAR ENERGY SYSTEMS STANDARDS
Article 7, Section 7-1101 provides specific standards Solar Energy Systems. Staff proposes
updates to these standards to include glare, snow and load, setbacks, and decommissioning
plans. Different standards are proposed for different categories of Solar Energy Systems.
RECOMMENDED LUDC TEXT
Staff’s recommended code amendments are below. Red line versions of the codes with these
amendments are also available. ARTICLE 9 – PIPELINES AND OIL AND GAS CODE SECTION 9-203.B
D. Applicant Shall Schedule, Notice, and Conduct a Neighborhood Meeting.
After the pre-application conference, and prior to submitting an application for a
Garfield County Oil and Gas Permit, the Applicant shall schedule and notice a
neighborhood meeting in Garfield County. The Applicant shall provide mailed
notice of the neighborhood meeting to the owners and tenants of all property
within 2,000 feet of the proposed Working Pad Surface of the location identified
pursuant to Section 9-204.B. below, any of whom may participate in the meeting.
The identity of owners shall be complied by using the most recent record of
property owners on file with the County Assessor. Notice to tenants can be
4
accomplished by sending notice to “current resident” at the address of the
property. At the neighborhood meeting, the Applicant shall provide an overview
of its proposed request for an alternative location analysis or variance or
modification from the noise or lighting requirements of this Code and allow those
in attendance to provide input as to the pertinent proposed request, including, but
not limited to, issues that arise from application of this Code to the pertinent
proposed request, and suggested mitigation to adequately ensure compliance
with this Code. The Applicant shall make a written summary of the neighborhood
meeting and provide a copy of that summary to the Director to become part of
the record to be considered by the Board of County Commissioners. SECTION 9-203 SETBACKS FROM EXISTING OIL & GAS WELLS, OIL AND GAS FACILITIES, OR ABANDONED WELLS.
A. No building unit intended for human occupancy shall be constructed within five
hundred feet (500) or less from an existing oil and gas well and/or above ground
oil and gas facilities.
B. No school or childcare center building, structure or playfield or park shall be
constructed within two thousand (2000) feet or less from an existing well and/or
associated above ground oil and gas facilities.
C. No subdivision plat shall be approved with any lot lines that are within three-
hundred and fifty feet (350) or less from existing wells and/or associated above
ground oil and gas facilities.
D. All subdivisions lots platted after the effective date of this code with any lot line
that is closer than two thousand feet (2000) feet of an existing well or above
ground oil and gas facility, and/or oil and gas pipelines shall contain a plat note
and require a notice to be recorded against the title of the location of such oil and
gas facilities.
E. No building intended for human occupancy shall be located closer than one
hundred and fifty (150’) feet to a well abandoned and reclaimed in accordance
with ECMC regulations.
F. The setbacks in this section are subject to the waiver provisions pursuant to
Article 4-118 (b and c). ARTICLE 7 - STANDARDS 7-1101. SOLAR ENERGY SYSTEMS.
A. Solar Energy Systems General Standards
These standards apply to all Solar Energy Systems.
5
1. All Solar Energy Systems must install signage warning of electrical shock around
the perimeter of the system.
2. All Solar Energy Systems must comply with adopted Garfield County wind and
snow load requirements.
3. All Solar Energy Systems shall be designed and operated so that they do not
emit glare that substantially interferes with the existing use of adjoining property
or that constitutes a public nuisance or hazard.
B. Solar Energy Systems, Accessory.
These additional standards apply to Accessory Solar Energy Systems:
1. Building-Mounted System:
a. The Solar Energy System components must be mounted as flush to
the roof or structure as practicable.
b. The building-mounted Solar Energy System may not exceed the
roofline for pitched roofs.
c. Solar collectors installed on flat roofs may be raised up to 6 feet
above the height of the building and shall have a 3-foot setback from
the edge of the roof.
2. Ground-mounted System:
a. A ground-mounted system must meet the minimum setbacks of the
zone district and shall be located fully within the Building Envelope,
if a Building Envelope exists.
b. The height of the Solar Energy System shall not exceed 15 feet.
c. The total area of the ground-mounted Solar Energy System shall not
exceed 10% percent of the lot’s gross area.
d. Size of the system(s) is limited to less than a combined 2,500 sq ft.
C. Solar Energy Systems, Small and Large
These additional standards apply to both Small Solar Energy Systems and Large Solar
Energy Systems.
1. All activity associated with these uses shall be a minimum of 100 feet from an
adjacent residential property line, unless the use is on an industrially or resource
6
land zoned property or located on a building. At a minimum, required setbacks as
identified in Table 3-201 shall apply.
2. The application shall include a decommissioning plan that, at a minimum,
addresses the removal of all facilities and infrastructure, restoration of the site to
near preconstruction conditions, and securities. ARTICLE 15 - DEFINITIONS
Solar Energy System, Accessory. A device and/or system that converts the sun’s radiant
energy into thermal, chemical, mechanical, or electric energy and is a maximum of 2,500 sq feet
or 10% of the total lot size, whichever is less. Ground mounted systems will be measured by
drawing a box around the perimeter of the Solar System and calculating the resulting area. Roof
mounted systems’ areas will be calculated by the sum of all solar panels’ areas.
Solar Energy System, Large. A device and/or system that converts the sun’s radiant energy
into thermal, chemical, mechanical, or electrical energy and is greater than 43,560 sq ft (1 acre)
in total size. Ground mounted systems will be measured by drawing a box around the perimeter
of the Solar System(s) and calculating the resulting area. Roof mounted systems’ areas will be
calculated by the sum of all solar panels’ areas.
Solar Energy System, Small. A device and/or system that converts the sun’s radiant energy
into thermal, chemical, mechanical, or electrical energy and is 2,500 sq feet to 43,560 sq ft (1
acre). Ground mounted systems will be measured by drawing a box around the perimeter of the
Solar System(s) and calculating the resulting area. Roof mounted systems’ areas will be
calculated by the sum of all solar panels’ areas.
GARFIELD COUNTY, COLORADO
Article 7: Standards
LUDC
2013
Style Definition: Solar Energy List 2
Style Definition: Solar Energy List: Indent: Left: 0.5"
Style Definition: TOC 3
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-i
ARTICLE 7
STANDARDS
TABLE OF CONTENTS
DIVISION 1. GENERAL APPROVAL STANDARDS. ................................................................. 1
7-101. ZONE DISTRICT USE REGULATIONS. ..................................................................... 1
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. ............ 1
7-103. COMPATIBILITY. ........................................................................................................ 1
7-104. SOURCE OF WATER. ................................................................................................. 1
A. BOCC Determination. .................................................................................................. 1
B. Determination of Adequate Water. .............................................................................. 1
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. .................... 2
A. Water Distribution Systems. ........................................................................................ 2
B. Wastewater Systems. .................................................................................................. 2
7-106. PUBLIC UTILITIES. ..................................................................................................... 2
A. Adequate Public Utilities. ............................................................................................. 2
B. Approval of Utility Easement by Utility Company. ....................................................... 3
C. Utility Location. ............................................................................................................ 3
D. Dedication of Easements. ........................................................................................... 3
E. Construction and Installation of Utilities. ..................................................................... 3
F. Conflicting Encumbrances. .......................................................................................... 3
7-107. ACCESS AND ROADWAYS. ...................................................................................... 3
A. Access to Public Right-of-Way. ................................................................................... 4
B. Safe Access. ............................................................................................................... 4
C. Adequate Capacity. ..................................................................................................... 4
D. Road Dedications. ....................................................................................................... 4
E. Impacts Mitigated. ....................................................................................................... 4
F. Design Standards. ....................................................................................................... 4
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. ............................................... 6
7-109. FIRE PROTECTION. ................................................................................................... 7
A. Adequate Fire Protection. ............................................................................................ 7
B. Subdivisions. ............................................................................................................... 7
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. ........................................ 7
7-201. AGRICULTURAL LANDS. .......................................................................................... 7
A. No Adverse Effect to Agricultural Operations. ............................................................. 7
B. Domestic Animal Controls. .......................................................................................... 7
C. Fences. ........................................................................................................................ 7
D. Roads. ......................................................................................................................... 7
E. Ditches. ....................................................................................................................... 7
7-202. WILDLIFE HABITAT AREAS. ..................................................................................... 9
A. Buffers. ...................................................................................................................... 89
B. Locational Controls of Land Disturbance. ................................................................... 9
C. Preservation of Native Vegetation. .............................................................................. 9
D. Habitat Compensation. ................................................................................................ 9
E. Domestic Animal Controls. .......................................................................................... 9
7-203. PROTECTION OF WATERBODIES. ........................................................................... 9
A. Minimum Setback. ....................................................................................................... 9
B. Structures Permitted In Setback. ............................................................................. 910
C. Structures and Activity Prohibited in Setback. ........................................................... 10
D. Compliance with State and Federal Laws. ................................................................ 10
7-204 DRAINAGE AND EROSION. ...................................................................................... 10
A. Erosion and Sedimentation. ...................................................................................... 10
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-ii
B. Drainage .................................................................................................................... 10
C. Stormwater Run-Off. ................................................................................................. 11
7-205. ENVIRONMENTAL QUALITY. .................................................................................. 12
A. Air Quality. ................................................................................................................. 12
B. Water Quality. ............................................................................................................ 12
7-206. WILDFIRE HAZARDS. .............................................................................................. 12
A. Location Restrictions. ................................................................................................ 12
B. Development Does Not Increase Potential Hazard. .................................................. 13
C. Roof Materials and Design. ....................................................................................... 13
7-207. NATURAL AND GEOLOGIC HAZARDS. ................................................................. 13
A. Utilities. ...................................................................................................................... 13
B. Development in Avalanche Hazard Areas. ............................................................ 1213
C. Development in Landslide Hazard Areas. ................................................................. 13
D. Development in Rockfall Hazard Areas. .................................................................... 14
E. Development in Alluvial Fan Hazard Area. ................................................................ 14
F. Slope Development. .................................................................................................. 14
G. Development on Corrosive or Expansive Soils and Rock. ........................................ 15
H. Development in Mudflow Areas. .............................................................................. 151
I. Development Over Faults. ..................................................................................... 1516
7-208. RECLAMATION. .................................................................................................... 1516
A. Applicability. .......................................................................................................... 1516
B. Reclamation of Disturbed Areas. ............................................................................... 16
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. ................................. 1617
7-301. COMPATIBLE DESIGN. ............................................................................................ 17
A. Site Organization. ...................................................................................................... 17
B. Operational Characteristics. ...................................................................................... 17
C. Buffering. ................................................................................................................... 17
D. Materials. ................................................................................................................... 17
7-302. OFF-STREET PARKING AND LOADING STANDARDS. ........................................ 18
A. Off-Street Parking Required. ..................................................................................... 18
B. Off-Street Loading Required. .................................................................................... 18
C. Continuing Obligation. ............................................................................................... 19
D. Location of Required Parking Spaces. .................................................................. 1819
E. Loading and Unloading. ........................................................................................ 1819
F. Parking and Loading Area Surface. ...................................................................... 1819
G. Minimum Dimensions of Parking Areas. ................................................................... 19
H. Compact Car Spaces. ............................................................................................... 19
I. Minimum Dimensions of Loading Berths. .................................................................. 20
J. Handicapped or Accessible Parking. ......................................................................... 20
K. Unobstructed Access. ........................................................................................... 1920
L. Tandem Parking. ................................................................................................... 1920
M. Backing Onto Public Streets Prohibited. ................................................................... 20
N. Access Driveways. .................................................................................................... 20
O. Parking and Loading Area Landscaping and Illumination. ........................................ 21
7-303. LANDSCAPING STANDARDS. ................................................................................ 21
A. General Standards. ................................................................................................... 20
B. Multi-Family Development. .................................................................................... 2021
C. Subdivision, PUD, and Rural Land Development Exemption. ............................... 2021
D. Plants Compatible with Local Conditions. ................................................................. 21
E. Existing Vegetation. ................................................................................................... 21
F. Minimum Size. ........................................................................................................... 21
G. Minimum Number of Trees and Shrubs. ................................................................... 22
H. Parking and Storage Prohibited. ............................................................................... 22
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-iii
I. Clear Vision Area. ..................................................................................................... 22
J. Landscaping Within Off-Street Parking Areas. .......................................................... 23
7-304. LIGHTING STANDARDS. ......................................................................................... 23
A. Exterior Lighting Standards. ...................................................................................... 23
B. Greenhouses ............................................................................................................. 23
7-305. SNOW STORAGE STANDARDS. ............................................................................. 24
A. Minimum Area. .......................................................................................................... 24
B. Storage in Parking Spaces Prohibited. ...................................................................... 24
C. Storage in Yards and Open Space Permitted. .......................................................... 24
D. Storage on Public Roadways Prohibited. .................................................................. 24
E. Drainage. ................................................................................................................... 24
7-306. TRAIL AND WALKWAY STANDARDS. ................................................................... 24
A. Recreational and Community Facility Access. .......................................................... 24
B. Safety. ....................................................................................................................... 25
C. Maintenance. ............................................................................................................. 25
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. ........................ 25
7-401. GENERAL SUBDIVISION STANDARDS. ................................................................. 25
A. Maintenance of Common Facilities. .......................................................................... 25
B. Domestic Animal Control. .......................................................................................... 25
C. Fireplaces. ................................................................................................................. 25
D. Development in the Floodplain. ................................................................................. 25
7-402. SUBDIVISION LOTS. ................................................................................................ 26
A. Lots Conform to Code. .............................................................................................. 26
B. Side Lot Line Alignment. ........................................................................................... 26
C. Lots Configuration, Cul-de-Sacs. .............................................................................. 26
D. Lot Division by Boundaries, Roads, or Easements Prohibited. ................................. 26
7-403. SURVEY MONUMENTS. ........................................................................................... 26
A. Monuments Located Within Streets. ......................................................................... 26
B. Setting by Standard Construction Techniques. ......................................................... 26
7-404. SCHOOL LAND DEDICATION. ................................................................................ 27
A. General. ..................................................................................................................... 27
B. Amount of School Land Dedicated. ........................................................................... 27
C. Payment-In-Lieu of Dedication of School Land. ........................................................ 28
7-405. ROAD IMPACT FEES. .............................................................................................. 29
A. General Requirements. ............................................................................................. 29
B. Road Impact Fee Schedule by Development Type. .................................................. 30
C. Benefit Districts. ........................................................................................................ 31
DIVISION 5. ADDITIONAL STANDARDS FOR CONSERVATION SUBDIVISIONS. .............. 31
7-501. DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS. ........................... 31
A. Density. ..................................................................................................................... 31
B. Open Space Plan Standards. .................................................................................... 33
DIVISION 6. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL RELATED
USES. 33
7-601. ANIMAL SANCTUARY. ............................................................................................. 33
A. Facility. ...................................................................................................................... 33
B. Noise. ........................................................................................................................ 33
C. On-site Wastewater Treatment System Required. ................................................ 3433
D. Drainage Impacts. ..................................................................................................... 34
7-602. ANIMAL PROCESSING. ........................................................................................... 34
7-603. KENNELS. ................................................................................................................. 34
A. Enclosed Building and Noise Prevention. ................................................................. 34
B. Noise. ........................................................................................................................ 34
C. Waste and Sewage Disposal System. ...................................................................... 34
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-iv
D. State Licensing Required. ......................................................................................... 34
7-604. VETERINARY CLINIC. .............................................................................................. 34
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. ................................... 34
7-701. ACCESSORY DWELLING UNIT & SECONDARY DWELLING UNIT ...................... 34
A. Accessory Dwelling Unit Standards……………………………………………………... 34
B. Secondary Dwelling Unit Standards…………………………………………………….. 35
7-702. HOME OFFICE/BUSINESS. ...................................................................................... 36
A. Activities Incidental and Secondary. .......................................................................... 36
B. Activity Contained. ..................................................................................................... 36
C. Provision of Mandatory Parking Spaces. .................................................................. 36
D. Activities Conducted by Resident. ............................................................................. 36
E. Disturbances. ............................................................................................................ 36
F. Display of Goods and Retail Sales. ....................................................................... 3736
G. Signage. ................................................................................................................ 3736
7-703. MANUFACTURED HOME PARK. ......................................................................... 3736
A. Park Layout. .......................................................................................................... 3736
B. Foundation and Anchors. ...................................................................................... 3736
C. Landscaping. ............................................................................................................. 37
D. Certification of Manufactured Homes. ....................................................................... 37
7-704. GROUP HOME FACILITIES. ................................................................................. 3837
A. Required Permits. .................................................................................................. 3837
B. Location Restrictions. ............................................................................................ 3837
C. Overnight Shelter. ................................................................................................. 3837
D. Short-Term Care Facility ………………………………………………………………….38
E. Transitional Housing ……………………………………………………………………....38
7-705. TEMPORARY EMPLOYEE HOUSING FACILITIES, MAJOR. ................................. 38
A. Adequate Site Plan. ................................................................................................... 38
B. Water Systems. ..................................................................................................... 3938
C. Wastewater Systems. ................................................................................................ 39
D. Inhabitants. ............................................................................................................ 4039
E. Clean, Safe, and Sanitary Condition. .................................................................... 4039
F. Fire Protection General Requirements. ................................................................. 4039
G. Trash and Food Storage. ...................................................................................... 4039
H. Notification of Site Development. .............................................................................. 40
I. No Domestic Animals Allowed. ................................................................................. 40
J. Reclamation and Revegetation Plan. ........................................................................ 40
K. Expiration or Revocation of Land Use Change Permit. ......................................... 4241
7-706. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR. .................................. 42
A. Federal, State, and Local Laws and Regulations. ..................................................... 42
B. Notification of Facility Installation and Removal. ....................................................... 42
C. Water Systems. ......................................................................................................... 42
D. Wastewater Systems. ................................................................................................ 42
E. Clean, Safe, and Sanitary Condition. ........................................................................ 42
F. Trash and Food Storage. .......................................................................................... 42
G. Fire Protection. .......................................................................................................... 42
H. No Domestic Animals Allowed. ................................................................................. 42
I. Removal of Facility. ................................................................................................... 42
7-707. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMALL. ............................. 4342
A. Notification of Occupation and Removal. .............................................................. 4342
B. General Information to be Provided. ..................................................................... 4342
C. Federal, State, and Local Laws and Regulations. ..................................................... 43
D. Water System. ........................................................................................................... 43
E. Wastewater Systems. ................................................................................................ 43
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-v
F. Clean, Safe, and Sanitary Condition. ........................................................................ 43
G. Trash and Food Storage. .......................................................................................... 43
H. Fire Protection. .......................................................................................................... 43
I. No Domestic Animals Allowed. ............................................................................. 4443
J. Third Party Inspection. .......................................................................................... 4443
DIVISION 8. ADDITIONAL STANDARDS FOR PUBLIC/INSTITUTIONAL USES. ............. 4443
7-801. AIRCRAFT, ULTRALIGHT OPERATIONS. .......................................................... 4443
7-802. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED. ................ 4443
7-803. AIRPORTS AND HELIPORTS. ............................................................................. 4544
A. Standards for Site Selection of Airport or Heliport Location or Expansion. ........... 4544
B. Fabrication, Service, and Repair Operations. ........................................................... 45
C. Storage of Materials. ................................................................................................. 45
7-804. FAMILY CHILD CARE HOME AND CHILD CARE CENTER. .............................. 4645
A. Required Permits. .................................................................................................. 4645
B. Parking. ................................................................................................................. 4645
DIVISION 9. ADDITIONAL STANDARDS FOR COMMERCIAL USES. .............................. 4645
7-901. BROADCASTING STUDIO. .................................................................................. 4645
A. FCC and FAA Approval. ........................................................................................ 4645
B. Co-Location Communication Facilities. ................................................................. 4645
7-902. NURSERY/GREENHOUSE. .................................................................................. 4645
A. Dwelling Unit. ........................................................................................................ 4645
B. Storage of Materials and Equipment. ........................................................................ 46
7-903. OPTIONAL PREMISES CULTIVATION OPERATION. ............................................ 46
A. Signs. ........................................................................................................................ 46
B. Odor. ......................................................................................................................... 46
C. Visual. ........................................................................................................................ 46
D. Location. ................................................................................................................ 4746
E. On-Site Use. .......................................................................................................... 4746
F. Other Applicable Licenses. ........................................................................................ 47
G. On-Site Notice. .......................................................................................................... 47
H. Compliance with Other Laws and Regulations. ......................................................... 47
7-904. SHOOTING GALLERY/RANGE. ............................................................................... 47
A. Design. ...................................................................................................................... 47
B. Sanitary Facilities. ..................................................................................................... 47
7-905. CAMPGROUND/RECREATIONAL VEHICLE PARK .......................................... .4847
7-906. SMALL CAMPING FACILITY…………………………………………………………... 47
A. Setbacks. ................................................................................................................... 47
B. Passenger Vehicles. .................................................................................................. 47
C. Recreational Vehicles. ............................................................................................... 47
D. Operational Timeframes. ........................................................................................... 48
E. Property Size. ............................................................................................................ 48
DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES. ................................... 48
7-1001. INDUSTRIAL USE. .................................................................................................. 48
A. Residential Subdivisions. .......................................................................................... 48
B. Setbacks. ................................................................................................................... 48
C. Concealing and Screening. ....................................................................................... 48
D. Storing. .................................................................................................................. 4948
E. Industrial Wastes. .................................................................................................. 4948
F. Noise. .................................................................................................................... 4948
G. Ground Vibration. ...................................................................................................... 49
H. Hours of Operation. ................................................................................................... 49
I. Interference, Nuisance, or Hazard. ........................................................................... 49
7-1002. GRAVEL OPERATION. ........................................................................................... 49
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7-vi
A. Water Quantity and Quality Impacts/Floodplain Impacts. ......................................... 49
B. Air Quality. ............................................................................................................. 5049
C. Noise/Vibration. ..................................................................................................... 5049
D. Visual Mitigation. ....................................................................................................... 50
E. County Road System. ............................................................................................... 51
F. Compatibility with Surrounding Land Uses. ............................................................... 51
G. Revegetation. ............................................................................................................ 51
H. Reclamation. ......................................................................................................... 5251
I. Enforcement. ......................................................................................................... 5453
7-1003. MINING OPERATION. ......................................................................................... 5553
All Mining Operations are subject to 1041 Regulations as described in Article 14 of this
Code. ............................................................................................................................. 5553
7-1004. RECYCLING COLLECTION CENTERS. ............................................................ 5553
A. Customary and Incidental. ..................................................................................... 5553
B. Parking Lot Location. ............................................................................................. 5554
C. Stored Products. .................................................................................................... 5554
D. Maintenance. ......................................................................................................... 5554
E. Organic Materials. ................................................................................................. 5554
7-1005. SEWAGE TREATMENT FACILITY. .................................................................... 5554
A. Exempt from Minimum Lot Size. ........................................................................... 5554
B. Accessory to the Primary Use. .............................................................................. 5554
7-1006. SOLID WASTE DISPOSAL SITE AND FACILITY. ................................................. 55
7-1007. VEHICLE SAFETY AREAS. .................................................................................... 55
A. Continuing Obligation. ............................................................................................... 55
B. Prohibited Uses. ........................................................................................................ 55
DIVISION 11. ADDITIONAL STANDARDS FOR UTILITIES. ............................................... 5655
7-1101. SOLAR ENERGY SYSTEMS. ............................................................................. 5655
A. Signage. ................................................................................................................ 5655
B. Solar Energy Systems, Accessory. ....................................................................... 5655
7-1102. TELECOMMUNICATIONS FACILITIES. ................................................................. 56
A. New Towers and Facilities. ....................................................................................... 56
B. Structural and Engineering Standards. ..................................................................... 56
C. Public Utility Structures. ........................................................................................ 5755
D. Design, Materials, and Color. ................................................................................ 5756
E. Lighting and Signage. ................................................................................................ 57
F. Non-Interference. ...................................................................................................... 57
G. Federal Aviation Agency Form. ................................................................................. 57
H. Telecommunications Act. ...................................................................................... 5857
7-1103. WATER RESERVOIR. ......................................................................................... 5857
DIVISION 12. ADDITIONAL STANDARDS FOR ACCESSORY USES. ......................... 5857
7-1201. ACCESSORY USE. ............................................................................................. 5857
A. Accessory Building. ............................................................................................... 5857
B. Accessory Structure. ................................................................................................. 58
C. Marijuana, Personal Use, Medical Use or Caregiver ................................................ 58
DIVISION 13. ADDITIONAL STANDARDS FOR TEMPORARY USES …………………….59
7-1301. TEMPORARY USE……………………………………………………………………….59
7-1
ARTICLE 7: STANDARDS
DIVISION 1. GENERAL APPROVAL STANDARDS.
The following standards apply to all proposed Land Use Changes, including divisions of land,
unless elsewhere in this Code a use is explicitly exempt from one or more standards.
7-101. ZONE DISTRICT USE REGULATIONS.
The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district
use restrictions and regulations.
7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS.
The Land Use Change is in general conformance with the Garfield County Comprehensive Plan
and complies with any applicable intergovernmental agreement.
7-103. COMPATIBILITY.
The nature, scale, and intensity of the proposed use are compatible with adjacent land uses.
7-104. SOURCE OF WATER.
All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-
term, and legal water supply to serve the use, except for land uses that do not require water, or
that contain Temporary Facilities served by a licensed water hauler.
A. BOCC Determination.
The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for
a Land Use Change Permit, including divisions of land, unless it determines in its sole
discretion, after considering the application and all of the information provided, that the
Applicant has satisfactorily demonstrated that the proposed water supply will be adequate.
Nothing in this section shall be construed to require that the Applicant own or have
acquired the proposed water supply or constructed the related infrastructure at the time of
the application.
B. Determination of Adequate Water.
The BOCC’s sole determination as to whether an Applicant has an Adequate Water
Supply to meet the water supply requirements of a proposed development shall be based
on consideration of the following information:
1. The documentation required by the Water Supply Plan per section 4-
203.M.;
2. A letter from the State engineer commenting on the documentation
provided in the Water Supply Plan per section 4-203.M.;
3. Whether the Applicant has paid to a Water Supply Entity a fee or charge
for the purpose of acquiring water for or expanding or constructing the
infrastructure to serve the proposed development; and
4. Any other information deemed relevant by the BOCC to determine, in its
sole discretion, whether the water supply for the proposed development is
adequate, including without limitation, any information required to be
submitted by the Applicant pursuant to this Code or State statutes.
7-2
7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS.
A. Water Distribution Systems.
The land use shall be served by a water distribution system that is adequate to serve the
proposed use and density.
1. Where water service through a Water Supply Entity is not physically or
economically feasible, a central well and distribution system is preferred
over individual wells.
2. A Central Water Distribution System is required if:
a. The property is located within 400 feet of a Central Water System,
the system is available and adequate to serve the proposed
development, and connection is practicable and feasible; or
b. The residential development consists of 15 or more dwelling units.
B. Wastewater Systems.
The land use shall be served by a wastewater system that is adequate to serve the
proposed use and density.
1. Every effort shall be made to secure a public sewer extension. Where
connections to an existing public sewer are not physically or economically
feasible, a central collection system and treatment plant is preferred.
2. A central wastewater system is required if
a. The property is located within 400 feet of a Sewage Treatment
Facility, the system is available and adequate to serve the proposed
development, and connection is practicable and feasible.
b. The property is not suitable for an OWTS on lots less than 1 acre in
size. Septic systems are prohibited for new developments on
parcels less than 1 acre in size, but may be allowable for legal
nonconforming lots.
Table 7-105: Sewage Disposal System Minimum Lot Requirements
Type of
Disposal Method of Disposal
Lot Area
Less than 1 Acre 1 Acre or More
On Lot1 Septic Tank (Subsurface) or Dispersal Method Prohibited2 Allowed
Off Lot4
Non‐discharging: Subsurface Disposal Allowed Allowed
Discharging: Ground Surface or Waters of the State Allowed Allowed
Notes:
1. Shall comply with County OWTS regulations and applicable State requirements including setback requirements.
2. Prohibited for new development; may be allowable for legal nonconforming lots.
3. Shall be approved by the State.
7-106. PUBLIC UTILITIES.
A. Adequate Public Utilities.
Adequate Public Utilities shall be available to serve the land use.
7-3
B. Approval of Utility Easement by Utility Company.
Utility easements shall be subject to approval by the applicable utility companies and,
where required, additional easements shall be provided for main switching stations and
substations. The Applicant shall work with the utility companies to provide reasonably-
sized easements in appropriate locations.
C. Utility Location.
Unless otherwise provided in this Code, the following conditions shall apply to the location
of utility services.
1. Underground Location. All utilities except major power transmission lines,
transformers, switching and terminal boxes, meter cabinets, and other
appurtenant facilities shall be located underground throughout the
development unless it is demonstrated to the satisfaction of the BOCC that
compliance is impractical or not feasible and will result in undue hardship.
2. Easement Location. As applied to Subdivisions and Exemptions, all utility
lines, including appurtenances, shall be placed either within roads or public
rights-of-way.
3. Dimensional Requirements.
a. Easements centered on common Rear Lot Lines shall be at least
16 feet wide.
b. Where an easement abuts a Rear Lot Line that is not the Rear Lot
Line of another lot, or that is on the perimeter of the development,
the easement width shall be a minimum of 10 feet.
c. Where inclusion of utilities within the Rear Lot Line is impractical
due to topographical or other conditions, perpetual unobstructed
easements at least 10 feet in width shall be provided alongside Lots
Lines with satisfactory access to the road or Rear Lot Line.
d. Where easements are combined with a water course, drainage
way, channel, or stream and the use would be in conflict with
drainage requirements or Wetlands, an additional utility easement
of at least 10 feet in width shall be provided.
e. Multiple use of an easement is encouraged to minimize the number
of easements.
D. Dedication of Easements.
All utility easements shall be dedicated to the public. Drainage easement may be
dedicated to either the public or to an HOA.
E. Construction and Installation of Utilities.
Applicants shall make the necessary arrangements with each service utility for the
construction and installation of required utilities. Utilities shall be installed in a manner
that avoids unnecessary removal of trees or excessive excavations, and shall be
reasonably free from physical obstructions.
F. Conflicting Encumbrances.
Easements shall be free from conflicting legal encumbrances.
7-107. ACCESS AND ROADWAYS.
All roads shall be designed to provide for adequate and safe access and shall be reviewed by the
County Engineer.
A. Access to Public Right-of-Way.
All lots and parcels shall have legal and physical access to a public right-of-way.
7-4
B. Safe Access.
Access to and from the use shall be safe and in conformance with applicable County,
State, and Federal access regulations. Where the Land Use Change causes warrant(s)
for improvements to State or Federal highways or County Roads, the developer shall be
responsible for paying for those improvements.
C. Adequate Capacity.
Access serving the proposed use shall have the capacity to efficiently and safely service
the additional traffic generated by the use. The use shall not cause traffic congestion or
unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall
be mitigated through roadway improvements or impact fees, or both.
D. Road Dedications.
All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They
will not, however, be accepted as County roads unless the BOCC specifically designates
and accepts them as such.
E. Impacts Mitigated.
Impacts to County roads associated with hauling, truck traffic, and equipment use shall be
mitigated through roadway improvements or impact fees, or both.
F. Design Standards.
Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows:
1. Circulation and Alignment. The road system shall provide adequate and
efficient internal circulation within the development and provide reasonable
access to public highways serving the development. Roads shall be
designed so that alignments will join in a logical manner and combine with
adjacent road systems to form a continuous route from 1 area to another.
Table 7-107: Roadway Standards
Design Standards Major
Collector
Minor
Collector
Secondary
Access Rural Access Semi
Primitive
Primitive/
Driveway
Public Land
Access
Design Capacity (ADT) 2501+ 401 ‐ 2500 201 – 400 101‐200 21 – 100 0 – 20 No Access
to DU
Minimum ROW Width
(Feet) 80 60 50 50 40 15 to 301 30
Lane Width (Feet) 12 12 11 11 8 Single Lane
12
Single Lane
12
Shoulder Width (Feet) 8
6 Min. Paved
6
4 Min. Paved
6
4 Min. Paved
4
2 Min. Paved 2 0 0
Ditch Width (Feet) 10 10 6 6 4 32 0
Cross Slope 2% 2% 2% 2% Chip/Seal
3% Gravel
2% Chip/Seal
3% Gravel 2% n/a
Shoulder Slope 3% 3% 5% 5% 5% n/a n/a
Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a
Minimum Radius (Feet) 425 185 80 80 50 40 n/a
Maximum % Grade 8% 8% 10% 12% 12% 12% 12%
Surface Asphalt or
Chip/Seal Chip/Seal Chip/Seal or
Gravel Gravel Gravel Native
Material n/a
1 As determined adequate in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated
as either an easement or ROW.
2 If determined necessary for adequate drainage.
3 Accessory Dwelling Units and Building Permits for Single Family Homes shall be exempt from these standards unless
associated with a new subdivision application.
7-5
2. Intersections. No more than 2 streets shall intersect at 1 point, with a
minimum of 200 feet between off-set intersections, unless otherwise
approved by the County.
3. Street Names. Street names shall be consistent with the names of existing
streets in the same alignment. There shall be no duplication of street
names in the County.
4. Congestion and Safety. The road system shall be designed to minimize
road congestion and unsafe conditions.
5. Continuation of Roads and Dead-End Roads. Roads shall be arranged to
provide for the continuation of major roads between adjacent properties
when appropriate and necessary for traffic movement, effective fire
protection, or efficient provision of utilities.
a. If the adjacent property is undeveloped and the road must be
temporarily dead-ended, right-of-way shall be extended to the
property line and the BOCC may require construction and
maintenance of a turnaround for temporary use. The Final Plat
shall include a Plat notation that land outside the normal road right-
of-way shall revert to abutting property owners when the road is
continued, after compliance with the County road vacation process.
b. Dead-end streets may be permitted provided they are not more than
600 feet in length and provide for a cul-de-sac or a T-shaped
turnaround based on the following design standards. The BOCC
may approve longer cul-de-sacs for topographical reasons if
adequate fire protection and emergency egress and access can be
provided.
(1) Cul-de-sacs shall have a radius of at least 45 feet
measured from the center of the cul-de-sac, and
(a) Nonresidential development shall have at
least a 75-foot right-of-way where tractor
trailer trucks will enter the property; and
(b) Residential development shall have a 50-foot
right-of-way;
(2) T-shaped Turnaround.
(a) Nonresidential development shall have a
minimum turning radius of 75 feet where
tractor trailer trucks will enter the property;
and
(b) Residential development shall have a
minimum turning radius of 50 feet.
c. Dead-end streets shall be discouraged, except in cases where the
dead-end is meant to be temporary with the intent to extend or
connect the right-of-way in the future. If a dead-end street is
approved, room for plowed snow storage shall be included by
providing a T-shaped turnaround with a minimum turning radius of
50 feet for residential development and 75 feet for
commercial/industrial development where tractor trailer trucks will
enter the property. A dead-end street is different from a cul-de-sac
in that a dead-end street has no permanent turnaround at the end
of the street.
7-6
6. Relationship to Topography. Streets shall be designed to be compatible
with the topography, creeks, wooded areas, and other natural features.
Combinations of steep grades and curves should be avoided. When, due
to topography, hazards or other design constraints, additional road width is
necessary to provide for the public safety by cut and/or fill area, drainage
area, or other road appurtenances along roadways, then dedication or
right-of way in excess of the minimum standards set forth in this Code shall
be required.
7. Erosion and Drainage. The road system shall minimize erosion and
provide for efficient and maintainable drainage structures.
8. Commercial and Industrial. The roads and access in commercial and
industrial developments shall be designed to minimize conflict between
vehicular and pedestrian traffic.
9. Emergency Access and Egress. Roads shall be designed so as to provide
emergency access and egress for residents, occupants, and emergency
equipment. Emergency access shall comply with provisions of the
International Fire Code and requirements of applicable emergency
services, such as fire protection, ambulance, and law enforcement.
10. Traffic Control and Street Lighting. Traffic control devices, street signs,
street lighting, striping, and pedestrian crosswalks are to be provided as
required by the County Road and Bridge Department or other referral
agencies.
11. Drainage Structures.
a. Roadway drainage structures such as bridges, culverts, cross pans,
inlets, and curbs and gutters shall be provided as determined by
design and in conformance with the County road standards.
b. Culverts are required where driveways connect to roadways unless
specifically exempted by the County Road and Bridge Department.
It is the responsibility of the property owners to maintain their
culverts free and clear of mud, silt, debris, and ice. Water that flows
out of driveways must be diverted to ditches. Damage to a road
caused by a blocked culvert, lack of culvert, or driveway Runoff is
the responsibility of the property owner and costs of repairs by the
County may be billed to the property owner as authorized by C.R.S.
Title 43, Article 5.
12. Roadside Ditches. Water flowing in roadside ditches shall be diverted
away from the road as quickly as possible. In no case shall water travel in
a roadside ditch for a distance greater than 800 feet or have a flow greater
than 5 cubic feet per second during a 25-year, 24-hour storm event.
7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS.
Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow
slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has
been designed to eliminate or mitigate the potential effects of hazardous site conditions as
designed by a qualified professional engineer and as approved by the County.
7-109. FIRE PROTECTION.
A. Adequate Fire Protection.
Adequate fire protection will be provided for each land use change as required by the
appropriate fire protection district.
7-7
B. Subdivisions.
All divisions of land must be reviewed and approved by the appropriate fire protection
district for adequate primary and secondary access, fire lanes, water sources for fire
protection, fire hydrants, and maintenance provisions.
DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS.
The following resource protection standards apply to all proposed Land Use Changes, including
divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more
standards.
7-201. AGRICULTURAL LANDS.
A. No Adverse Effect to Agricultural Operations.
Land Use Changes on lands adjacent to or directly affecting agricultural operations shall
not adversely affect or otherwise limit the viability of existing agricultural operations.
Proposed division and development of the land shall minimize the impacts of development
on Agricultural Lands and agricultural operations, and maintain the opportunity for
agricultural production.
B. Domestic Animal Controls.
Dogs and other domestic animals that are not being used to assist with the herding or the
care of livestock shall not be permitted to interfere with livestock or the care of livestock
on Agricultural Lands. The County shall require protective covenants or deed restrictions
as necessary to control domestic animals.
C. Fences.
The County is a Right to Farm County consistent with section 1-301. Fences shall be
constructed to separate the development from adjoining Agricultural Lands or stock drives
as required to protect Agricultural Lands by any new development and to separate new
development from adjoining agricultural operations. All parts of the fencing including such
items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner,
HOA, or other responsible entity.
D. Roads.
Roads shall be located a sufficient distance back from the property boundaries so that
normal maintenance of roads, including snow removal, will not damage boundary fences.
Dust control shall be required, both during and after construction, to minimize adverse
impacts to livestock and crops.
E. Ditches.
1. Colorado State Statutes, C.R.S. 37-86-102, provides that “any person
owning a water right or conditional water right shall be entitled to a right-of-
way through the lands which lie between the point of diversion and point of
use or proposed use for the purpose of transporting water for beneficial use
in accordance with said water right or conditional water right.” A plat note
shall be placed on all final plats and site plans for land use change permits
for properties that are impacted by, or contain, irrigation ditches.
2. The Colorado Constitution Article XVI, Section 7 provides that all persons
and corporations shall have the right-of-way across public, private and
corporate lands for the construction of ditches for the purposes of
conveying water for domestic, agricultural, mining, manufacturing and
drainage purposes upon just compensation.
3. Rights-of-Way. The land use change shall not interfere with the ditch
rights-of-way.
7-8
4. Maintenance. Where irrigation ditches cross or adjoin the land proposed to
be developed, the developer shall insure that the use of those ditches,
including maintenance, can continue uninterrupted.
5. Maintenance Easement. A maintenance easement shall be indicated on
any Final Plat for the division of land or for the final development plan for
any other land use. The Applicant shall provide a letter from the ditch
owner accepting that the development proposal will have no impact on their
ability to maintain the ditch and that an adequate maintenance easement
is possible. No structure or fence shall be placed within the right-of-way or
easement without written permission from the appropriate ditch owner.
6. Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s)
to operate and maintain their ditch without increased burden of
maintenance or liability. Development shall minimize ditch crossings. At a
minimum all irrigation ditch crossings shall:
a. Require the crossing be sized to not interfere with ditch operations
or change existing hydraulic flow characteristics;
b. Provide vehicle and maintenance equipment access to the ditch
from both sides of the ditch crossing from all roads for use by the
ditch owner(s);
c. Prior to permit application, or construction within the ditch right-of-
way the Applicant shall provide a letter from the ditch company
regarding agreement with standards contained in the proposed
crossing;
d. The BOCC may require specific improvements to ditch crossings if
determined to be necessary in the review process, particularly if
these improvements are required to address safety concerns;
7. Referral to Ditch Owner. Application for Division of Land or Land Use
Change Permit that may affect or impact any ditch right-of-way shall include
the name and mailing address of the ditch owner. (This information may
be obtained by contacting the Water Commissioner at the Colorado
Division of Water Resources to determine the ditch owner for purposes of
requesting review and comment on the development proposal).
8. Drainage. Application for Division of Land or Land Use Change Permit that
includes any improvements located adjacent to or below grade of an
irrigation ditch shall address and mitigate potential impacts to the irrigation
ditch in a drainage plan. The drainage plan shall demonstrate that the
drainage will not impair operation of the ditch.
9. Water Quality and Stormwater Management. No development or changes
in land use shall channel surface waters into any irrigation ditch without the
written consent of the ditch owner.
7-202. WILDLIFE HABITAT AREAS.
The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in
determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include,
but are not limited to, 1 or more of the following:
A. Buffers.
Visual and sound buffers shall be created through effective use of topography, vegetation,
and similar measures to screen structures and activity areas from habitat areas.
7-9
B. Locational Controls of Land Disturbance.
Land disturbance shall be located so that wildlife is not forced to use new migration
corridors, and is not exposed to significantly increased predation, interaction with vehicles,
intense human activity, or more severe topography or climate.
C. Preservation of Native Vegetation.
1. Proposed Land Use Changes are designed to preserve large areas of
vegetation utilized by wildlife for food and cover, based upon
recommendations by the Colorado Parks and Wildlife.
2. When native vegetation must be removed within habitat areas, it shall be
replaced with native and/or desirable nonnative vegetation capable of
supporting post-disturbance land use.
3. Vegetation removed to control noxious weeds is not required to be replaced
unless the site requires revegetation to prevent other noxious weeds from
becoming established.
D. Habitat Compensation.
Where disturbance of critical wildlife habitat cannot be avoided, the developer may be
required to acquire and permanently protect existing habitat to compensate for habitat that
is lost to development.
E. Domestic Animal Controls.
The County may require protective covenants or deed restrictions as necessary to control
domestic animals by fencing or kenneling.
7-203. PROTECTION OF WATERBODIES.
A. Minimum Setback.
1. A setback of 35 feet measured horizontally from the Typical and Ordinary
High Water Mark (TOHWM) on each side of a Waterbody is required.
2. In the case of entrenched or incised streams, where the vertical distance
from the bank exceeds 25 feet, all activities, except for those referenced in
section 7-203.A.3, will adhere to a setback of 2.5 times the distance
between the TOHWMs or 35 feet, whichever is less.
3. A minimum setback of 100 feet measured horizontally from the TOHWM
shall be required for any storage of hazardous materials and sand and salt
for use on roads.
B. Structures Permitted In Setback.
Irrigation and water diversion facilities, flood control structures, culverts, bridges,
pipelines, and other reasonable and necessary structures requiring some disturbance
within the 35 foot setback may be permitted.
Setback Setback
Figure 7-203: Minimum Setback Distance
7-10
C. Structures and Activity Prohibited in Setback.
Unless otherwise permitted or approved, the following activities and development shall
be prohibited in the 35 foot setback:
1. Removal of any existing native vegetation or conducting any activity which
will cause any loss of riparian area unless it involves the approved removal
of noxious weeds, nonnative species, or dead or diseased trees.
2. Disturbance of existing natural surface drainage characteristics,
sedimentation patterns, flow patterns, or flood retention characteristics by
any means, including without limitation grading and alteration of existing
topography. Measures taken to restore existing topography to improve
drainage, flow patterns, and flood control must be approved.
D. Compliance with State and Federal Laws.
Any development impacting a Waterbody shall comply with all applicable state and
federal laws, including, but not limited to, CDPHE water quality control division
regulations and the Army Corp of Engineers regulations and permitting for waters of the
U.S.
7-204 DRAINAGE AND EROSION.
A. Erosion and Sedimentation.
Excluding Grading activities for agricultural purposes, development disturbing 1 acre or
more is subject to the CDPHE National Pollutant Discharge Elimination System Permit,
unless otherwise exempted by CDPHE.
B. Drainage
1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide
positive drainage away from all buildings.
2. Coordination With Area Storm Drainage Pattern. Individual lot drainage
shall be coordinated with the general storm drainage pattern for the area.
a. Drainage ditches shall have a minimum Slope of no less than
0.75%. Energy dissipaters or retention ponds shall be installed in
drainage ditches where flows are in excess of 5 feet per second.
Ditches adjacent to roads shall have a maximum Slope of 3:1 on
the inside and outside edges, except where there is a cut Slope on
the outside edge, in which case the edge of the ditch shall be
matched to the cut Slope.
b. Subdrains shall be required for all foundations where possible and
shall divert away from building foundations and daylight to proper
drainage channels.
c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to
avoid concentration of drainage from any lot to an adjacent lot.
C. Stormwater Run-Off.
These standards shall apply to any new development within 100 feet of a Waterbody and
to any other development with 10,000 square feet or more of impervious surface area.
1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater
Runoff from project areas likely to contain pollutants shall be managed in a
manner that provides for at least 1 of the following and is sufficient to
prevent water quality degradation, disturbance to adjoining property, and
degradation of public roads.
a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated
areas capable of maintaining Sheetflow for infiltration. Vegetated
7-11
receiving areas should be resistant to erosion from a design storm
of 0.5 inches in 24 hours.
b. On-Site Treatment. On-site treatment of stormwater prior to
discharge to any natural Waterbody by use of best management
practices designed to detain or infiltrate the Runoff and approved
as part of the stormwater quality control plan prior to discharge to
any natural Waterbody.
c. Discharge to Stormwater Conveyance Structure. Discharge to a
stormwater conveyance structure designed to accommodate the
projected additional flows from the proposed project, with treatment
by a regional or other stormwater treatment facility.
2. Minimize Directly-Connected Impervious Areas. The site design shall
minimize the extent of directly-connected impervious areas by including the
following requirements:
a. Drainage Through Vegetated Pervious Buffer Strips. Runoff from
developed impervious surfaces (rooftops, Parking Lots, sidewalks,
etc.) shall drain over stable, vegetated pervious areas before
reaching stormwater conveyance systems or discharging to
Waterbodies.
b. Techniques Used in Conjunction with Buffer Strip. The requirement
that all impervious areas drain to vegetated pervious buffer strips
may be reduced if the outflow from the vegetated pervious buffer
strip is directed to other stormwater treatment methods. Examples
of other potential techniques to be used in conjunction with
vegetated pervious buffer strip are: infiltration devices, grass
depressions, constructed Wetlands, sand filters, dry ponds, etc.
c. Grass Buffer Strip Slope Design. When impervious surfaces drain
onto grass buffer strips, a Slope of less than 10% is encouraged,
unless an alternative design is approved by the County.
3. Detain and Treat Runoff. Permanent stormwater detention facilities are
required to be designed to detain flows to historic peak discharge rates and
to provide water quality benefits and maintained to ensure function. Design
criteria for detention facilities include:
a. Detention facilities shall ensure the post-development peak
discharge rate does not exceed the pre-development peak
discharge rate for the 2-year and 25-year return frequency, 24-hour
duration storm. In determining Runoff rates, the entire area
contributing Runoff shall be considered, including any existing off-
site contribution.
b. To minimize the threat of major property damage or loss of life, all
permanent stormwater detention facilities must demonstrate that
there is a safe passage of the 100-year storm event without causing
property damage.
c. Channels downstream from the stormwater detention pond
discharge shall be protected from increased channel scour, bank
instability, and erosion and sedimentation from the 25-year return
frequency, 24-hour design storm.
d. Removal of pollutants shall be accomplished by sizing dry detention
basins to incorporate a 40-hour emptying time for a design
precipitation event of 0.5 inches in 24 hours, with no more than 50%
7-12
of the water being released in 12 hours. If retention ponds are used,
a 24-hour emptying time is required. For drainage from Parking
Lots, vehicle maintenance facilities, or other areas with extensive
vehicular use, a sand and oil grease trap or similar measures also
may be required. To promote pollutant removal, detention basins
length-to-width ratio should be not less than 2, with a ratio of 4
recommended where site constraints allow. A sedimentation
“forebay” is recommended to promote long-term functioning of the
structure. Access to both the forebay and pond by maintenance
equipment is required.
e. Culverts, drainage pipes, and bridges shall be designed and
constructed in compliance with AASHTO recommendations for a
water live load.
7-205. ENVIRONMENTAL QUALITY.
A. Air Quality.
Any Land Use Change shall not cause air quality to be reduced below acceptable levels
established by the Colorado Air Pollution Control Division.
B. Water Quality.
At a minimum, all hazardous materials shall be stored and used in compliance with
applicable State and Federal hazardous materials regulations.
7-206. WILDFIRE HAZARDS.
The following standards apply to areas subject to wildfire hazards as identified on the County
Wildfire Susceptibility Index Map as indicated in the County’s Community Wildfire Protection Plan.
A. Location Restrictions.
Development associated with the land use change shall not be located in any area
designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire
chimney as identified by the Colorado State Forest Service.
B. Development Does Not Increase Potential Hazard.
The proposed Land Use Change shall be developed in a manner that does not increase
the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel
composition.
C. Roof Materials and Design.
Roof materials shall be made of noncombustible materials or other materials as
recommended by the local fire agency.
7-207. NATURAL AND GEOLOGIC HAZARDS.
A. Utilities.
Above-ground utility facilities located in Hazard Areas shall be protected by barriers or
diversion techniques approved by a qualified professional engineer. The determination to
locate utility facilities above ground shall be based upon the recommendation and
requirements of the utility service provider and approved by the County.
B. Development in Avalanche Hazard Areas.
Development may be permitted to occur in Avalanche Hazard Areas if the development
complies with the following minimum requirements and standards, as certified by a
qualified professional engineer, or qualified professional geologist, and the plan approved
by the County.
7-13
1. Building construction shall be certified to withstand avalanche impact and
static loads and otherwise protected by external avalanche-defense
structures that have been similarly certified.
2. Driveways and Subdivision roads shall avoid areas where avalanches have
return periods of fewer than 10 years.
3. Clear-cutting or other large-scale removal of vegetation is prohibited in
avalanche path starting zones, or in other locations that can increase the
potential avalanche hazard on the property.
4. Extractive operations in Avalanche Hazard Areas are prohibited when
snow is on the ground unless a program of avalanche control and defense
measures has been approved by the County to protect the operation.
C. Development in Landslide Hazard Areas.
Development may be permitted to occur in Landslide Hazard Areas only if the
development complies with the following minimum requirements and standards, as
certified by a qualified professional engineer, or qualified professional geologist, and as
approved by the County.
1. Development shall comply with recommended construction practices to
artificially stabilize, support, buttress, or retain the potential slide area and
to control surface and subsurface drainage that affects the slide area.
2. The following development activities shall be prohibited in Landslide
Hazard Areas:
a. Activities that add water or weight to the top of the Slope, or along
the length of the Slope, or otherwise decrease the stability of the
Hazard Area. Measures and structural improvements to
permanently control surface and subsurface drainage from the
development shall be required.
b. Activities that remove vegetation or other natural support material
that contributes to its stability.
c. Activities that increase the steepness of a potentially unstable
Slope.
d. Activities that remove the toe of the landslide, unless adequate
mechanical support is provided.
D. Development in Rockfall Hazard Areas.
Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant
demonstrates that the development cannot avoid such areas and the development
complies with the following minimum requirements and standards, as certified by a
qualified professional engineer, or a qualified professional geologist, and as approved by
the County.
1. Development shall comply with recommended construction practices to
minimize the degree of hazard. Construction practices may include:
a. Stabilizing rocks by bolting, gunite application (cementing), removal
of unstable rocks (scaling), cribbing, or installation of retaining
walls.
b. Slowing or diverting moving rocks with rock fences, screening,
channeling, damming, or constructing concrete barriers or covered
galleries.
c. Installation of structural barriers around vulnerable structures to
prevent rock impact.
7-14
2. The following development activities shall be prohibited in rockfall Hazard
Areas:
a. Activities that add water or weight to, or otherwise decrease the
stability of, cliffs or overhanging strata.
b. Activities that will reduce stability, including activities that remove
vegetation or other natural support material, or that require
excavation, or cause erosion that will remove underlying support to
a rockfall Hazard Area.
E. Development in Alluvial Fan Hazard Area.
Development shall only be permitted to occur in an alluvial fan if the Applicant
demonstrates that the development cannot avoid such areas, and the development
complies with the following minimum requirements and standards, as certified by a
qualified professional engineer, or qualified professional geologist, and as approved by
the County:
1. Development shall be protected using structures or other measures on the
uphill side that channel, dam, or divert the potential mud or debris flow.
2. Disturbance shall be prohibited in the drainage basin above an alluvial fan,
unless an evaluation of the effect on Runoff and stability of the fan and on
the ground water recharge area shows that disturbance is not substantial
or can be successfully mitigated.
F. Slope Development.
Development on Slopes 20% or greater shall only be permitted to occur if the Applicant
demonstrates that the development complies with the following minimum requirements
and standards, as certified by a qualified professional engineer, or qualified professional
geologist, and as approved by the County:
1. Building lots with 20% or greater Slope shall require a special engineering
study to establish the feasibility of development proposed for the site. The
study shall address feasibility of construction required for the use and
describe the mitigation measures to be used to overcome excessive Slope
problems.
2. Development shall be permitted to occur on Slopes greater than 30% only
if the Applicant demonstrates that the development cannot avoid such
areas and the development complies with the following minimum
requirements:
a. Cutting, filling, and other Grading activities shall be confined to the
minimum area necessary for construction.
b. Development shall be located and designed to follow natural grade,
rather than adjusting the site to fit the structure. Roads and
driveways built to serve the development shall follow the contours
of the natural terrain and, if feasible, shall be located behind existing
landforms.
3. Development on Unstable or Potentially Unstable Slopes. If a site is
identified as having moderate or extremely unstable Slopes, then
development shall be permitted only if the Applicant demonstrates that the
development cannot avoid such areas and the development complies with
certified geotechnical design and construction stabilization and
maintenance measures.
a. Cutting into the Slope is prohibited without provision of adequate
mechanical support.
7-15
b. Adding water or weight to the top of the Slope, or along the length
of the Slope, is prohibited.
c. Vegetation shall not be removed from the Slope unless the integrity
of the Slope can be adequately maintained.
4. Development on Talus Slopes. Development shall be permitted to occur
on a Talus Slope only if the Applicant demonstrates that the development
cannot avoid such areas, and the development complies with the following
minimum requirements and standards, as certified by a qualified
professional engineer, or a qualified professional geologist, and as
approved by the County:
a. The development shall be designed to withstand down Slope
movement.
b. The design shall include buried foundations and utilities below the
active Talus Slope surface.
c. Site disturbance shall be minimized to avoid inducing slope
instability.
d. The toe of a Talus Slope shall not be removed unless adequate
mechanical support is provided.
G. Development on Corrosive or Expansive Soils and Rock.
Development in areas with corrosive or expansive soils and rock shall be designed based
upon an evaluation of the development’s effect on Slope stability and shrink-swell
characteristics. Development shall be permitted only if the Applicant demonstrates that
the development cannot avoid such areas and the development complies with design,
construction stabilization, and maintenance measures certified by a qualified professional
engineer, or qualified professional geologist, and is approved by the County.
1. Surface drainage shall be directed away from foundations.
2. Runoff from impervious surfaces shall be directed into natural drainages or
otherwise on-site in a manner that does not create or increase adverse
impacts to the development site or to adjacent or other property.
H. Development in Mudflow Areas.
Development shall be permitted in a mudflow area only if the Applicant demonstrates that
the development cannot avoid such areas, and the development adequately employs,
construction stabilization, and mitigation and maintenance measures as designed by a
qualified professional engineer, or qualified professional geologist, and as approved by
the County.
I. Development Over Faults.
Development shall be permitted over faults only if the Applicant demonstrates that such
areas cannot be avoided and the development complies with mitigation measures based
on geotechnical analysis and recommendations, as certified by a qualified professional
engineer, or qualified professional geologist, and approved by the County.
7-208. RECLAMATION.
A. Applicability.
These standards shall apply to any development that requires a Land Use Change Permit,
including divisions of land, as well as to the following activities:
1. Installation of ISDS. Installation of a new or replacement ISDS.
2. Driveway Construction. Any driveway construction that requires a Garfield
County Access Permit or a CDOT Access Permit.
7-16
3. Preparation Area. All areas disturbed during development that do not
comprise the longer-term functional areas of the site but are those areas
used for the short-term preparation of the site.
B. Reclamation of Disturbed Areas.
Areas disturbed during development shall be restored as natural-appearing landforms that
blend in with adjacent undisturbed topography. When the final landform is achieved, the
surface shall be stabilized by vegetation or other means to reduce further soil erosion from
wind or water, provide forage and cover, prevent fugitive dust as required by State Statute,
and reduce visual impacts.
1. Contouring and Revegetation. Abrupt angular transitions and linear
placement on visible Slopes shall be avoided. Areas disturbed by Grading
shall be contoured so they can be revegetated and shall be planted and
have vegetation established. A uniform vegetative cover shall be
established with an individual plant density of at least 70% of pre-
disturbance levels within 4 growing seasons. Revegetation cover shall
consist of a diversity of native and/or beneficial nonnative vegetation
species capable of supporting the post-disturbance land use. State or
County listed noxious weeds, as well as alien annual invasive species, do
not count as part of the 70% cover. To the maximum extent feasible,
disturbed areas shall be revegetated to a desired plant community with
composition of weed-free species and plant cover typical to that site.
2. Weed Management. A management plan with appropriate strategies shall
be employed for all Garfield County listed noxious weeds, State of
Colorado listed noxious weeds that are targeted for statewide eradication
and any other invasive species.
3. Application of Top Soil. Top soil shall be stockpiled and placed on
disturbed areas and managed for later use in reclamation. Provisions for
salvaging on-site topsoil, a timetable for eliminating topsoil and/or
aggregate piles and a plan that provides for soil cover if any disturbances
or stockpiles will sit exposed for a period of 90 days or more shall be
reviewed and accepted by the Garfield County Vegetation Manager.
4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other
materials that blend with the natural landscape shall be used to reduce the
steepness of cut Slopes and to provide planting pockets conducive to
revegetation.
5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all
vegetative residue, branches, limbs, stumps, roots, or other such
flammable lot-clearing debris shall be removed from all areas of the lot in
which such materials are generated or deposited, prior to final building
inspection approval.
6. Removal of Debris. Within 6 months of substantial completion of soil
disturbance, all brush, stumps, and other debris shall be removed from the
site.
7. Time Line Plan. Every area disturbed shall have a time line approved for
the reclamation of the site.
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS.
Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more
standards, the following standards shall apply to all uses, divisions of land and PUDs.
7-17
7-301. COMPATIBLE DESIGN.
The design of development associated with the land use change shall be compatible with the
existing character of adjacent uses. Single-family dwelling units are exempt from this section.
A. Site Organization.
The site shall be organized in a way that considers the relationship to streets and lots,
solar access, parking, pedestrian access, and access to common areas.
B. Operational Characteristics.
The operations of activities on the site shall be managed to avoid nuisances to adjacent
uses relating to hours of operations, parking, service delivery, and location of service
areas and docks.
1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are
reasonably objectionable to adjacent property.
2. Noise shall not exceed State noise standards pursuant to C.R.S., Article
12 of Title 25, unless the use is regulated by the COGCC. In this case, the
use shall be subject to COGCC Rules regarding noise abatement.
3. Hours of operation shall be established to minimize impacts to adjacent
land uses.
C. Buffering.
Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property
whenever adjacent uses are in a different zone district.
D. Materials.
Exterior facades shall be constructed with materials that do not detract from adjacent
buildings or uses.
7-302. OFF-STREET PARKING AND LOADING STANDARDS.
Single-family dwelling units are exempt from this section.
A. Off-Street Parking Required.
All land uses shall be required to provide the number of off-street parking spaces set forth
in Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by
the Director.
1. A parking or loading space that is required by this Code shall not be a
required parking or loading space for another use unless it can be shown
that the shared use will not result in a shortage of parking at any time. Use
of approved shared parking or loading spaces, based upon the following
conditions, may reduce the number of off-street parking spaces by up to
20% of the total required for all uses.
a. The peak use periods for the required parking or loading space will
not overlap with one another.
b. The shared use arrangement for parking or loading spaces shall be
for 2 or more uses located on the same site or adjoining sites.
2. When any calculation of the number of required off-street parking spaces
results in a fractional space being required, such fraction shall be rounded
up to the next higher number of spaces.
Table 7-302.A.: Minimum Off-Street Parking Standards By Use
Use Type Parking Standard
RESIDENTIAL USES
Single-Unit 2 Spaces Per Unit
7-18
2-Unit 2 Spaces Per Unit
Multi-Unit 2.5 Spaces Per Unit
Manufactured Home Park 2 Spaces Per Unit
Transitional Housing 1 Space Per Unit
Overnight/Emergency Shelter 1 Space Per Staff1
PUBLIC/INSTITUTIONAL USES
Auditorium/Public Assembly Areas 1 Space Per 100 Square Feet of Seating Area
Public Facility 1 Space Per 300 Square Feet of Floor Area2
Health Facility 1 Space Per 300 Square Feet of Floor Area2
COMMERCIAL USES
Lodging 1 Space Per Room
Restaurant and Tavern 1 Space Per Every 4 Seats
Retail, Service, or Office 1 Space Per 250 Square Feet of Leasable Floor Area
Wholesale Establishment, Warehouse, Rail or
Truck Freight Terminals
1 space per 2,000 square feet of Floor Area
Recreational Vehicle Park 1 Space per Recreational Vehicle
INDUSTRIAL USES
Manufacturing Establishments 1 Space Per 1,000 Square Feet of Floor Area
1. Computed on the basis of the estimated maximum number of employees and volunteers on the site at any given
time.
2. Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial
or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors, mechanical
areas, and storage areas used solely by tenants on the site.
B. Off-Street Loading Required.
Buildings or structures that are designed or that are substantially altered so as to receive
and distribute materials and merchandise by truck shall provide and maintain off-street
loading spaces in sufficient number to meet their need. Where the property or use is
served or designed to be served by tractor-trailer delivery vehicles, the standards in Table
7-302.B. shall be used in establishing the minimum number of off-street loading berths
required.
Table 7-302.B: Off-Street Loading Requirements
Gross Floor Area of Building Required Berths or Spaces
Up to 10,000 Square Feet 1 Space
Greater Than 10,000 Square Feet 2 Spaces
C. Continuing Obligation.
The provision and maintenance of off-street parking and loading spaces that comply with
this Code shall be a continuing obligation of the property owner.
D. Location of Required Parking Spaces.
Required off-street parking spaces shall be located on the same lot or the adjacent lot
proximate to the business they are intended to serve.
E. Loading and Unloading.
Loading and unloading of vehicles serving commercial and industrial uses shall be
conducted in a manner that does not interfere with the proper flow of traffic.
F. Parking and Loading Area Surface.
1. Surface Materials. Off-street parking areas, loading areas, aisles, and
access drives shall have a durable, all-weather surface made of materials
that are suitable for the uses to which the parking area will be put.
2. Grading and Drainage. Parking and loading surfaces shall be design by
an engineer to ensure proper drainage off surface and stormwater.
3. Striping. Paved surfaces shall be striped to demarcate the parking spaces
for all commercial lots and for residential lots containing over 4 contiguous
spaces.
7-19
G. Minimum Dimensions of Parking Areas.
The minimum dimensions of parking spaces, aisles, and back-up areas are specified in
Figure 7-302. The length of a parking space may be reduced to 18 feet, including wheel
stop, if an additional area of 2 feet in length is provided for the front overhang of the car,
provided that the overhang shall not reduce the width of the adjacent walkway to less than
4 feet.
H. Compact Car Spaces.
In parking areas containing more than 10 spaces, up to 20% of the number of spaces over
the first 10 spaces may be designed and designated for compact cars.
1. Minimum Dimensions. A compact car space shall have minimum
dimensions of 8 feet in width by 16 feet in length.
2. Signage. Compact car spaces shall be designated for exclusive use by
compact cars and identified by stencil signage or a raised identification sign
not to exceed dimensions.
Figure 7-302: Parking Space Dimensions
I. Minimum Dimensions of Loading Berths.
The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a
vertical clearance of 14 feet. If the typical size of vehicles used in connection with the
proposed use exceeds these standards, the dimensions of these berths shall be
increased.
J. Handicapped or Accessible Parking.
Accessible parking shall comply with the County’s construction codes and the adopted or
most recent edition of CABO/ICC ANSI A 117.1.
K. Unobstructed Access.
Each required parking space shall have unobstructed access from a road or Alley, or from
an aisle or drive connecting with a road or Alley, except for approved residential tandem
parking.
L. Tandem Parking.
Tandem parking (a vehicle parking directly behind another) that meets the following
conditions may be applied to meet the off-street parking standards of this Code:
1. The space does not impede the movement of other vehicles on the site;
2. Tandem spaces serving multi-family dwelling units are assigned to the
same dwelling unit; and
3. Valet parking shall be provided for tandem spaces serving commercial
uses.
7-20
M. Backing Onto Public Streets Prohibited.
All parking areas shall be located and designed in conjunction with a driveway so that
vehicles exiting from a parking space shall not be required to back onto a public road.
Vehicles exiting from a parking space for a single-family, Accessory Dwelling Unit,
Secondary Dwelling Unit, or 2-Unit dwelling unit may back onto a residential street.
Vehicles exiting from a parking space for any use may back onto the right-of-way of an
Alley adjacent to the property.
N. Access Driveways.
Access driveways for required off-street parking areas shall be designed and constructed
to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and
the maximum safety of pedestrian and vehicular traffic on the site. Residential access
driveways shall be required where off-street requirements exceed 10 parking spaces.
1. Minimum Width.
a. The minimum width of the access driveway for a commercial or
industrial use shall be 12 feet for a 1-way drive and 24 feet for a 2-
way drive.
b. The access driveway for a residential use shall be 10 feet for a 1-
way drive and 20 feet for a 2-way drive.
2. Clear Vision Area. Access driveways shall have a minimum clear vision
area as described and illustrated in section 7-303.I.
O. Parking and Loading Area Landscaping and Illumination.
Off-street parking and loading areas for nonresidential uses located adjacent to residential
uses or Residential Zoning Districts shall be landscaped to minimize disturbance to
residents, including installation of perimeter landscaping, proper screening of loading
areas with opaque materials, and control of illumination.
7-303. LANDSCAPING STANDARDS.
Single-Family Dwelling Units, Accessory Dwelling Units, Secondary Dwelling Units, 2-Unit
Dwelling Units, Industrial Uses and all uses located fully within a parcel of land in an Industrial
Zone District are exempt from this section. Landscaping standards shall only apply to Industrial
Uses seeking reductions in setback requirements.
A. General Standards.
1. All portions of the site where existing vegetative cover is damaged or
removed, that are not otherwise covered with new improvements, shall be
successfully revegetated with a mix of native, adaptive, and drought-
tolerant grasses, ground covers, trees and shrubs. The density of the re-
established vegetation must be adequate to prevent soil erosion and
invasion of weeds after 1 growing season.
2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be
installed so it will not grow into any overhead utility lines. Trees and shrubs
shall not be planted within 4 feet of existing overhead or underground lines
B. Multi-Family Development.
Lots in a Residential Zone District that contain multi-family dwellings shall be landscaped
in the areas not covered by impervious materials.
C. Subdivision, PUD, and Rural Land Development Exemption.
Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land
Development Exemption shall be consistent with the character of the development, the
unique ecosystem, and specific environment in which the development is located.
7-21
D. Plants Compatible with Local Conditions.
All plants used for landscaping shall be compatible with the local climate and the soils,
drainage, and water conditions of the site. When planting occurs on hillsides, Slopes,
drainage ways, or similar natural areas, plant material should duplicate adjacent plant
communities both in species composition and special distribution patterns. Whenever
possible, drought-resistant varieties of plant materials shall be utilized. Xeriscape design
principles and the use of native plant species shall be used when appropriate.
E. Existing Vegetation.
Healthy trees, native vegetation, natural or significant rock outcroppings, and other
valuable features shall be preserved and integrated within planting areas.
F. Minimum Size.
To ensure healthy plant materials are installed in new development, trees and shrubs shall
comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article
26.
3. Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in
caliper, measured at a point 4 inches above the ground.
4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height,
measured from the top of the root ball to the top of the tree.
5. Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches
in caliper, measured at a point 4 inches above the ground.
6. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at time
of planting. Vines shall be in a minimum 1 gallon container.
G. Minimum Number of Trees and Shrubs.
Trees and shrubs must be grouped in strategic areas and not spread thinly around the
site. Where screening is required, plant materials must be sufficient to create a semi-
opaque wall of plant material between the property and the adjoining area to be screened.
H. Parking and Storage Prohibited.
Areas required as landscaping shall not be used for parking, outdoor storage, and similar
uses, but may be used for snow storage if designed in compliance with section 7-305,
Snow Storage Standards.
I. Clear Vision Area.
A Clear Vision Area is the area formed by the intersection of the driveway centerline road
right-of-way, the other road right-of-way line, and a straight line joining said lines through
points 20 feet from their intersection as illustrated in Figure 7-303.A. Within a Clear Vision
Area, plant materials shall be limited to 30 inches in height to avoid visibility obstructions
or blind corners at intersections as illustrated in Figure 7-303.B.
7-22
Figure 7-303 A: Clear Vision Area Space.
Figure 7-303 B: Plant Material in a Clear Vision Area.
J. Landscaping Within Off-Street Parking Areas.
1. All off-street parking areas containing 15 or more spaces shall provide
landscape buffers when adjacent to a public road. Landscape buffers may
be achieved through the use of earthen berms, shrubs, trees, or other
appropriate materials to effectively screen the parking area from the right-
of-way.
2. Interior Parking Areas. Planting shall be established to break up the interior
of all parking areas. Landscape planting islands shall be a minimum of 8
feet in width, as shown in Figure 7-303.C, to ensure adequate room for
planting.
7-23
Figure 7-303 C: Planting Strip
7-304. LIGHTING STANDARDS.
All lighting that is visible from surrounding properties and public rights-of-way shall be designed,
installed, maintained, and operated to control glare and light trespass, minimize obtrusive light,
maintain safety, prevent the negative impacts of light pollution on wildlife habitat and migratory
patterns, and avoid degradation of the nighttime visual environment and the rural character of
Garfield County.
A. Any exterior lighting shall meet the following conditions:
1. Downcast Lighting.
Exterior lighting shall be designed so that light is directed inward, towards the interior of
the Subdivision or site.
2. Shielded Lighting.
Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays
of light will not shine directly onto other properties.
3. Hazardous Lighting.
The direct or reflected light from any light source shall not create a traffic hazard. Colored
lights shall not be used in such a way as to be confused or construed as traffic control
devices.
4. Flashing Lights.
Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light
intensity, brightness, or color, shall be prohibited in all zone districts.
5. Height Limitations.
Light sources which exceed 40 feet in height shall not be permitted except for temporary
holiday displays or as required by local, State or Federal regulations.
B. Greenhouses.
1. Applicability: Commercial Wholesale Greenhouses that utilize high intensity lights
including but not limited to, high intensity discharge lighting, high pressure sodium lights,
metal halide lights, light emitting diodes, compact fluorescent lamps and other types of
lights suitable for indoor growing, between the hours of sunset and sunrise.
a. In order to reduce the impacts of high intensity light on surrounding properties and
public rights-of-way, greenhouse structures shall install blackout curtains designed to
7-24
block 100% of light transmission. These curtains shall be installed in a manner as to
block at least 95% of the total surface area of the structure emitting light. The curtains
shall be closed to their fullest extent during the hours of sunset and sunrise.
7-305. SNOW STORAGE STANDARDS.
All residential uses except for multi-family are exempt from this section, unless the residential use
includes a common outdoor parking area.
A. Minimum Area.
A designated area sufficient to store snow from the entire parking area shall be provided.
As a general guideline, and considering the varying elevations and snowfall amounts
throughout the County, it is anticipated that a minimum area equivalent to 2.5% of the total
area of the required off-street parking and loading area, including access drives, shall be
designated to serve as a snow storage area.
B. Storage in Parking Spaces Prohibited.
Required off-street parking and loading areas shall not be used for snow storage.
C. Storage in Yards and Open Space Permitted.
Snow stored in a yard or Open Space shall not be located in a manner that restricts access
or circulation, or obstructs the view of motorists.
D. Storage on Public Roadways Prohibited.
Public roads shall not be used for snow storage.
E. Drainage.
Adequate drainage shall be provided for the snow storage area to accommodate snowmelt
and to ensure it does not drain onto adjacent property.
7-306. TRAIL AND WALKWAY STANDARDS.
Single-family dwelling units are exempt from this section.
A. Recreational and Community Facility Access.
A multi-modal connection, such as a trail or sidewalk, shall be provided in a development
where links to schools, shopping areas, parks, trails, greenbelts, and other public facilities
are feasible.
1. Trail Dedication Standards. Trail rights-of-way for dedicated park lands
and Open Space shall conform to the following criteria:
a. The land required for trails or walkways shall be set aside as an
easement or separate fee interest.
b. All easements for trails and walkways will be dedicated to the
public.
c. The width of the easement shall be adequate to handle the
proposed use based on the particular reasonable needs of the trail,
its location, the surrounding terrain, and the anticipated usage. The
minimum width for the trail easement shall be 8 feet.
d. Public access to the trail shall be provided within the subject
property.
e. Any easement may overlap and include property previously
included in other easements, such as ditch, canal, utility and
Conservation Easements, and public or private open space.
However, the trail easement shall not compromise the functional
use of any other easement.
7-25
B. Safety.
Special structures and/or traffic control devices may be required at road crossings to avoid
unsafe road crossings.
C. Maintenance.
Suitable provisions for maintenance of trail and walkway systems shall be established
through a perpetual association, corporation, or other means acceptable to the County.
DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS.
The following standards apply to all divisions of land unless elsewhere in this Code a division of
land is explicitly exempt from 1 or more standards.
7-401. GENERAL SUBDIVISION STANDARDS.
A. Maintenance of Common Facilities.
Maintenance of common facilities must be accomplished either through covenants of a
homeowners association, a separate maintenance agreement, or some other perpetual
agreement.
B. Domestic Animal Control.
In each residential unit within the Subdivision, domestic animals shall be confined within
the owner’s property boundaries and kept under control when not on the property. This
requirement for domestic animal control shall be included in the protective covenants for
the Subdivision, with enforcement provisions acceptable to the County.
C. Fireplaces.
Any new solid-fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., shall be limited
to 1 per lot within a Subdivision. Open hearth, solid-fuel fireplaces shall be prohibited. All
dwelling units shall be allowed natural gas burning stoves and appliances.
D. Development in the Floodplain.
1. All Subdivision proposals shall be reasonably safe from flooding. If a
subdivision or other development proposal is in a flood-prone area, the
proposal shall minimize flood damage.
2. BFE data shall be generated by the Applicant for Subdivision proposals
and other proposed development which are greater than 50 lots or 5 acres,
whichever is less.
3. All Subdivision proposals, including the placement of Manufactured Home
Parks, shall have adequate drainage provided to reduce exposure to flood
hazards.
4. All Subdivision proposals, including the placement of Manufactured Home
Parks and Subdivisions, shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to
minimize or eliminate flood damage.
7-402. SUBDIVISION LOTS.
All lots in any Subdivision shall conform to the following specifications:
A. Lots Conform to Code.
Lot area, width, frontage, depth, shape, location, and orientation shall conform to the
applicable zone district requirements and other appropriate provisions of this Code.
1. The Lot Size may be increased for lots developed in areas posing a
potential hazard to health or safety due to soil conditions or geology.
7-26
2. Lot characteristics shall be appropriate for the location of the development
and the type of use allowed.
a. Depth and width of lots shall be adequate to provide for the required
off-street parking and loading facilities required by the type of use
and development contemplated.
b. The width of residential corner lots shall be sufficient to
accommodate the required building setback from both roads.
3. For lots less than 1 acre in size, the original and undisturbed Slope in
excess of 30% shall not be credited toward lot area in determining whether
the minimum lot area requirements will be met.
B. Side Lot Line Alignment.
Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines.
C. Lots Configuration, Cul-de-Sacs.
Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width
at the front property line.
D. Lot Division by Boundaries, Roads, or Easements Prohibited.
No lots shall be divided by municipal boundaries, County roads or public rights-of-way.
7-403. SURVEY MONUMENTS.
Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-51-
104 and 38-51-105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or
longer in length, shall be set at all lot corners. The registration number of the responsible land
surveyor shall be fixed securely to the top of all monuments, markers, and benchmarks.
A. Monuments Located Within Streets.
Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length,
placed so that their tops are 6 inches below the final street surface. When a street is
paved or otherwise surfaced, all such monuments within the paved or surfaced area shall
be fitted with monument boxes of sturdy construction. Monuments set after paving or
surfacing shall also be provided with sturdy monument boxes.
B. Setting by Standard Construction Techniques.
All monuments, markers, and benchmarks shall be set or witnessed according to standard
construction techniques and in a fashion that is satisfactory to the BOCC.
7-404. SCHOOL LAND DEDICATION.
A. General.
The BOCC shall require reservation, dedication, or payment in lieu for school land. The
BOCC may require payment of a sum of money not exceeding the fair market value of
such sites and land areas, or a combination of land dedication and payment in lieu of
dedication.
B. Amount of School Land Dedicated.
The proportion of land to be reserved or dedicated for school land shall be based upon
the size, location, and characteristics of the proposed Subdivision, the current and likely
future uses of the surrounding area, and the impact of the Subdivision on public services
and facilities. The amount of land dedicated for public purposes shall be roughly
proportionate to the impacts of the Subdivision.
1. Property Within RE-1 School District. For all property located in the RE-1
School District, the subdivision of land for residential use shall include
7-27
reservation and dedication of sites and land areas for schools determined
in accordance with the following calculations:
2. Land Dedication Standard.
a. Application of the formula for land dedication standard described
below results in the following land dedication standards:
(1) Single Family: 870 square feet per unit, or .020 acres.
(2) Multi-Family: 675 square feet per unit, or .015 acres.
(3) Manufactured Home: 1,261 square feet per unit, or .029
acres.
b. If dedication of all or portions of the required school lands is not
deemed feasible or in the public interest, the school district may
recommend to the BOCC 1 of the following options:
(1) Guarantee of future land dedication. The Applicant shall
submit a letter guaranteeing future dedication of land for
school sites and proposing a method of guarantee
acceptable to the BOCC or the receiving agency.
(2) The Applicant provide cash-in-lieu of lands in accordance
with the provisions of section 7-404.C.
3. Final Plat Requirements.
a. All dedicated lands shall be designated on the Final Plat and
deeded to Garfield County or the appropriate agency at the time of
recordation of the Final Plat.
b. Title insurance, provided by a title insurance company authorized
to do business in the State of Colorado and acceptable to the
BOCC, shall be required at the time of recordation of the Final Plat.
c. A certificate of representations and warranties concerning title and
usability of the property, in a form acceptable to the BOCC, shall be
required at the time of recordation of the Final Plat.
4. Formula for Land Dedication Standard.
Land Area Provided Per Student x
Students Generated Per Dwelling Unit =
Land Dedication Standard.
a. Land Area Provided Per Student. The district has determined that
1,776 square feet of land per student shall be provided for future
school sites, based on Table 7-404.
b. Students Generated Per Dwelling Unit. The number of students
generated per type of dwelling unit shall be based on the following:
(1) Single Family 0.49
(2) Multi-Family 0.38
(3) Manufactured Home 0.71
Table 7-404: Land Area Provided Per Student
Reasonable Capacity Recommended Acreage1
School Type
Elementary School 550 students 15.5 acres
Middle School 600 students 26.0 acres
High School 800 students 38.0 acres
Total 1950 students 79.5 acres
7-28
Average Summary
Acres Per student 0.04077 acres
Square Feet Per Student 1,776 square feet
1. Based on the Guide for Planning Educational Facilities, Council of Education Facility Planners
International, 1991.
C. Payment-In-Lieu of Dedication of School Land.
Based upon recommendation from the potential receiving body, the BOCC may accept a
cash payment from the Applicant in lieu of dedicated land (“Payment”), in whole or part.
1. Property Not Within RE-1 School District. For all property not located in
the RE-1 School District, the Applicant will pay $200 per dwelling unit to the
appropriate school district, unless previous agreements have been made
between the Applicant and the school district to pay for school impacts.
2. Property Within RE-1 School District. Payment shall be based on the
unimproved fair market value of the land.
a. Not to Exceed Market Value. Payment shall not exceed the current
market value of the land that would have been dedicated to the
County or other public entity. If a combination of land dedication
and payment is applied, the combination of both land dedication
and payment shall not exceed the fair market value of the total
required dedication of sites and land areas
b. Minimum Payment. Minimum payment shall be $500.00 for any
required dedication.
c. Payment for Schools. Based upon the RE-1 School District’s
recommendation, the BOCC can require a cash payment-in-lieu of
dedicating land, or a cash payment in combination with a land
dedication, to comply with the requirements for public sites and
Open Space set forth in this Code.
3. Formula for Payment.
Unimproved Per Acre Market Value of Land x
Land Dedication Standard x
Number of Units =
Payment
a. Unimproved Market Value of Land. Unimproved market value of
the land shall be determined by a valuation performed within the
last 6 months for the Applicant, by an individual qualified in the State
of Colorado to establish the unimproved market value of the
property just prior to the approval of a Final Plat. Subject to the
Director’s approval a comparable market analysis completed by a
qualified individual can be substituted for an appraisal. Any dispute
of the market value would be based upon a separate
appraisal/valuation by an individual qualified in the State of
Colorado to establish the value, which shall be paid for by the
school district. In the event the school district declines to conduct
a separate appraisal/ valuation, the Applicant’s appraisal/ valuation
will be used.
b. Land Dedication Standard. The land dedication standard set forth
in section 7-404.B.
7-29
c. Number of Units. The number of dwelling units proposed.
4. Payments Held in Escrow. Payments received by the BOCC shall be held
in an escrow account by the County for the purposes allowed by C.R.S.
§ 30-28-133.
5. Release of Land or Payment. After Final Plat approval and receipt of
dedications, the BOCC shall give written notification to the appropriate
receiving body.
a. Following notice by the BOCC, the receiving body may request the
dedication, and the BOCC shall transfer the lands to the appropriate
receiving body.
b. Funds may be released to the appropriate receiving body if the
BOCC finds that the proposed use of funds is compatible with the
intent of the payment or sale of the land.
c. The County shall retain a reasonable management fee for the
holding and maintenance of escrow accounts for payments,
provided that the management fee does not exceed the amount of
interest generated by the account.
7-405. ROAD IMPACT FEES.
Except as otherwise provided in this section, Road Impact Fees shall be implemented and
administered consistent with the Road Impact Fee Update study dated July 1, 2015.
A. General Requirements.
1. The County shall collect Road Impact Fees for new development prior to
the issuance of a building permit consistent with the adopted fee schedule.
2. All Road Impact Fees collected will be put into a separate interest-bearing
account in the County Treasurer’s Office for the specific Benefit Areas from
which fees are collected. All fees collected and interest accrued must be
spent on growth-related improvements within the specific Benefit Area from
which the fees were collected within 10 years of the date that the fee is
established. If, after 10 years, the fees collected have not been spent on
development-related capital improvements, all fees will be returned to the
land owner of the property assessed an impact fee, with interest accrued.
3. Any fees collected after the completion of growth-related improvements for
a road project may be credited to the appropriate project and will be used
to reimburse the County for the funds advanced to complete the project.
4. The BOCC may determine that certain portions of improvements to a road
are critical to complete before there are any additional traffic generating
uses added to the road. If a development is proposed before the County
has scheduled to make the necessary improvements, the developer may
be required to pay the total cost of the needed improvements prior to the
County’s schedule. Impact fees that would be due by the developer shall
be credited against the cost of the needed improvements.
B. Road Impact Fee Schedule by Development Type.
Development shall pay the following impact fees per development type at the time of
building permit. The Development Type categories are defined as follows:
1. Industrial includes the processing or production of goods, along with
warehousing, transportation, communications, and utilities.
7-30
2. Commercial includes retail development and eating and drinking
establishments, along with entertainment uses often located in a shopping
center
3. Institutional includes public and quasi-public buildings providing
educational, social assistance, or religious services, and government
buildings.
4. Office and Other Services includes offices, health care and personal
services, business services (e.g. banks), and lodging.
Table 7-405: Road Impact Fees
Development Type Square Feet Fee
East Benefit
Area
South and North
Benefit Areas
Residential (Per Dwelling by Square Feet of Finished Floor Areas
Residential 900 or Less $726 $486
901 to 1,400 $1,474 $986
1,400 to 1,900 $1,988 $1,332
1,901 to 2,400 $2,385 $1,598
2,401 and greater $2,703 $1,811
Non-residential (Per 1,000 square feet of Floor Area)
Industrial Per 1,000 sq.ft $564 $379
Commercial Per 1,000 sq.ft $3,766 $2,523
Institutional Per 1,000 sq.ft $1,505 $1,008
Office & Other Services Per 1,000 sq.ft $1,630 $1,092
C. Benefit Districts.
The Road Impact Fee will be collected at a rate as established in Table 7-405: Road
Impact Fees for development within each Benefit District the County and shall be spent
within the corresponding Benefit District from which they are collected.
7-31
Figure 7-405: Benefit Districts
DIVISION 5. ADDITIONAL STANDARDS FOR CONSERVATION SUBDIVISIONS.
7-501. DESIGN STANDARDS FOR CONSERVATION SUBDIVISIONS.
A. Density.
For the purposes of this Code, densities proposed in either the Density Neutral
Development Plan or the Increased Density Development Plan shall be determined by the
maximum of lots that can practicably be created within the confines of the minimum Lot
Size of the underlying zone district for a particular parcel of land as demonstrated in the
Yield Plan.
1. Density Neutral Development Plan (DNDP). The DNDP allows a
development plan to propose the same maximum number of lots allowed
in the underlying zone district for a parcel as defined in a Yield Plan except
that the plan may reduce the Lot Size for individual lots below the minimum
Lot Size contemplated in the underlying zone district. All setbacks for the
underlying zone district shall be maintained for all proposed lots. This
allows for the density established in the Yield Plan to be transferred in the
form of smaller lots to a portion of the same parcel leaving the remainder
of the parcel as Open Space. There are no bonus lots available under this
option.
7-32
Figure 7-501: This illustration provides an example of a DNDP where the lots achieved in the
Yield Plan on the left have been reduced in size and clustered into pods in the plan on the
right. There is no net increase in density.
2. Increased Density Development Plan (IDDP). The IDDP allows a
development plan to propose an increase in the number of residential lots
as contemplated in the underlying zoning district (determined in a Yield
Plan), as well as reducing the minimum Lot Size from what is currently
allowed in the underlying zone district. All setbacks for the underlying zone
district shall be maintained for all proposed lots. Any increase in density
(also referred to as bonus lots) is a function of the percentage of Open
Space proposed in a development plan. More specifically, as the amount
of proposed Open Space increases, so does the percentage of bonus lots
awarded. The percentage of Open Space proposed in a development plan
is multiplied by 0.5, which results in the percentage increase in the number
of lots configured in the Yield Plan. The calculation is figured in the
following way:
Table 1.0
% of Open
Space (.5) = %
Increase x
Lots in
Yield
Plan
= # Bonus
Lots +
Lots
in
Yield
Plan
= Total Lots Available
For example, if a Yield Plan indicates a total of 38 lots are possible on a
parcel and a developer proposes to convert 40% of the parcel into Open
Space, the conversion calculation will show that 50% of that percentage is
20%, which represents a 17% increase in the number of lots attainable in
the Yield Plan for a total of 45.6 lots or 7.6 bonus lots as shown in Table
2.0. For bonus lots that result in a fraction, they are to be rounded such
that if a number is 5.5, it will be rounded up to 6.
Table 2.0
(40%).5 = 0.2 x 38 = 7.6 + 38 = 45.6
3. Residential Lot Design. The proposed lot layout shall locate the proposed
residential lots such that they are clustered together in specific areas of the
parcel. There may be more than 1 separate pod of clustered lots located
throughout the parcel. A design that provides for a majority of lots being
directly adjacent to Open Space is encouraged. Not all residential lots can
contain site constraints identified in the Land Suitability Analysis such as
steep Slopes, Wetlands, etc. While there is no minimum Lot Size
requirement, all lots shall show the proposed lot area and setbacks on each
lot.
4. Infrastructure and Project Location.
7-33
a. All Conservation Subdivision proposals, containing 15 or more
dwelling units or that have lots 1 acre or less in size shall be
required to provide centralized water and sewer systems through
either a special district or municipal service. .
b. All Conservation Subdivision designs containing fewer than 15
dwelling units or that propose lots less than 2 acres but greater than
1 acre in size and utilize OWTS, shall be required to provide a
Central Water System. OWTS leach fields and well systems may
be located in land designated as Open Space.
B. Open Space Plan Standards.
Open Space shall be defined as a parcel of land, an area of water, or a combination of
land and water within a development designed and intended primarily for the use or
enjoyment of residents, occupants, and owners within that development. For purposes of
this Code, Open Space may include areas of land and water that exist in a natural
undeveloped state and are intended to preserve natural areas, environmentally sensitive
resources, and existing wildlife habitat. In designing a Conservation Subdivision, the
Open Space:
1. Shall be designed as large contiguous tracts where small “islands” of Open
Space are discouraged.
2. Shall be designed to connect to available existing Open Space on
neighboring properties or tracts of public lands in order to create larger
regional tracts of contiguous Open Space.
3. Shall be designed to protect and not detract from existing wildlife habitat
and natural features of the land, such as steep Slopes, Riparian Areas,
4. Should, to the extent practical, preserve the historic rural character of the
parcel that includes preserving existing natural land features that buffer the
property from adjacent developments and external roads, ridgelines, and
view sheds.
5. May be improved to support passive and active recreation uses such as
trail systems, tot lots, community greens, and ball fields.
6. May be used for agricultural uses including grazing, irrigated pasture land,
and cultivated dryland crop farming in tracts of land that are intended to
perform as viable agricultural units.
7. Shall not be a yard within a boundary of a residential lot.
8. Shall not be reserved for any other type of use
DIVISION 6. ADDITIONAL STANDARDS FOR AGRICULTURAL AND ANIMAL
RELATED USES.
7-601. ANIMAL SANCTUARY.
A. Facility.
All facilities shall have a minimum of 35 acres of land and animals shall be contained on
the property.
B. Noise.
No noise shall emanate from the property boundary in excess of the Residential Zone
District standards contained in C.R.S. § 25-12-103, except as permitted by C.R.S. § 25-
12-103(2) and (3).
7-34
C. On-site Wastewater Treatment System Required.
OWTS shall be capable of handling all feces and urine waste from the Kennel or building
in which animals are kept, or the feces and urine waste shall be stored in a sealed
container capable of being pumped for disposal by a commercial hauler to dispose of such
waste at an approved Solid Waste Disposal Site.
D. Drainage Impacts.
Any fenced corrals or pastures for keeping animals will be required to demonstrate that
drainage will not affect off-site water supplies or water quality.
7-602. ANIMAL PROCESSING.
All facilities shall be in compliance with USDA, CDPHE, and any other Federal, State, and local
regulations.
7-603. KENNELS.
These standards apply to both Small and Large Kennels.
A. Enclosed Building and Noise Prevention.
All Kennels shall be completely enclosed within a building, however, a Kennel may have
dogs outdoors if the noise from the Kennel does not exceed the noise standards pursuant
to section 7-603.B. and complies with other Garfield County regulations as provided.
B. Noise.
No noise shall emanate from the property boundary in excess of the Residential Zone
District standards contained in C.R.S. § 25-12-103, except as permitted by C.R.S. § 25-
12-103(2) and (3).
C. Waste and Sewage Disposal System.
1. Liquid and solid waste, as defined in the Solid Waste Disposal Sites and
Facilities Act, C.R.S. § 30-20-100.5, shall be disposed of with either an
OWTS or shall be stored and removed for final disposal in a manner that
protects against nuisance and surface and groundwater contamination.
2. All other waste shall be removed from the site by a commercial hauler to
an approved Solid Waste Disposal Site.
D. State Licensing Required.
All Kennels shall be required to provide the BOCC with a copy of the license issued by the
State Department of Agriculture.
7-604. VETERINARY CLINIC.
No noise shall emanate from the property boundary in excess of the Residential Zone District
standards contained in C.R.S. § 25-12-103, except as permitted by C.R.S. § 25-12-103(2) and
(3).
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES.
7-701. ACCESSORY DWELLING UNIT & SECONDARY DWELLING UNIT
A lot may be permitted to have either an Accessory Dwelling Unit or a Secondary Dwelling Unit
in addition to a Single-Unit Dwelling, but not both.
A. Accessory Dwelling Unit Standards
1) Maximum Floor Area.
The Floor Area of an ADU shall not exceed 1,200 square feet
7-35
2) Ownership Restriction.
An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home
Office/Business use only.
3) Building Permit Required.
No person shall construct an ADU on any lot without first obtaining a Building Permit for
construction. Construction shall comply with the standards set forth in the Code and
Building Code requirements.
4) Unit Per Lot.
a. One Accessory Dwelling unit which is subordinate to a Single-Unit (primary) dwelling
unit is allowed per legal lot. Reviewed as a by right permit.
b. For legal lots containing legally established businesses with primary, non-residential
structures and use, four (4) ADU’s which are subordinate to the primary business
purpose of the lot and serve as housing for workers. Non-residential ADU’s are
reviewed as a by right permit in the CL, CG, and I zone districts. Non-residential
ADU’s are reviewed as an Administrative Review in all other zone districts. Subject
to Article 7 standards.
c. For legal lots containing legally established businesses with primary, non-residential
structures and uses that are greater than one (1) acre, up to four (4) ADU’s may be
allowed (in addition to those allowed in 7-701b., at a density of four (4) units per acre,
calculated on that portion of the lot that exceeds one (1) acre. These additional ADU’s
must be subordinate to the primary business purpose of the lot and serve as housing
for workers and be reviewed as an Administrative Review. Subject to Article 7
standards.
5) Waiver of Impact Fees.
The County shall waive traffic impact fees and building permit fees for any ADU that has
been approved under this section 7-701a and is deed restricted to Workforce Housing.1
The applicant shall provide a copy of the Community Development Department
approved and recorded Restrictive Covenant Agreement with the building permit
application. Failure to use and occupy the ADU in accordance with the ADU deed
restriction shall be deemed a violation of this Code subject to its enforcement provisions.
6) Density Incentive for Workforce Housing.
a. In the RS zone district, if the lot meets the minimum lot size and is located in the
UGA, additional units are one unit per 10,000 SF may be allowed, if the additional
units are deed restricted to workforce, subject to and administrative review and all
other applicable standards.
b. In the RU zone district, if the lot meets the minimum lot size and is located in the
UGA, additional units at one unit per 5,000 SF may be allowed, if the additional units
are deed restricted to workforce, subject to an administrative review and all other
applicable standards.
1 Workforce Housing. A residential unit that is restricted by covenant or other deed restriction to
persons who are or were employed within the last year by a County-based Employment Source.
7-36
B. Secondary Dwelling Unit Standards
1) Maximum Floor Area.
The Floor Area of a Secondary Dwelling Unit shall not exceed 1,500 square feet for a lot
less than 4 acres. The Floor Area of a Secondary Dwelling Unit shall not exceed 3,000
square feet for any lot 4 acres or greater.
2) Ownership Restriction.
A Secondary Dwelling Unit is restricted to leasehold interest in the dwelling unit and is for
residential or Home Office/Business use only.
3) Compliance with Building Code.
Construction shall comply with the standards set forth in this Code and with Building Code
requirements.
4) Minimum Lot Area.
The minimum Lot Size for a Secondary Dwelling Unit is either:
d. 2 acres, or
e. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum
Lot Size is twice the minimum required Lot Size.
5) One per Lot.
One Secondary Dwelling unit which is subordinate to a Single-Unit (primary) dwelling unit
is allowed per legal lot.
7-702. HOME OFFICE/BUSINESS.
A. Activities Incidental and Secondary.
The residence of the person(s) conducting the Home Office/Business and all Home
Office/Business activities, shall remain incidental and secondary to the use of the property for
residential purposes. Child day care that takes place in a home is not considered, for the
purposes of this Code, a Home Office/Business.
1. The amount of space used for the Home Office/Business activity, including
any storage, shall not exceed 25% of the total amount of Floor Area and
unfinished Basement, garages, and storage areas, in which the business
is operating.
2. The use shall not have the appearance of a commercial use.
B. Activity Contained.
The activity shall be contained within a building.
C. Provision of Mandatory Parking Spaces.
The location of the Home Office/Business shall not interfere with the provision of
mandatory parking spaces for that property.
D. Activities Conducted by Resident.
All Home Office/Business activities must be conducted by the person(s) who reside at the
location. The activity may be supported by no more than 1 person living off site, such as
an employee, independent contractor, officer, agent, partner, volunteer, or any person
serving in any other capacity for the benefit of the Home Office/Business.
E. Disturbances.
The Home Office/Business activity shall not result in any noise, fumes, dust, electrical
disturbance, or traffic reasonably objectionable to an Adjacent Property Owner.
7-37
F. Display of Goods and Retail Sales.
No Home Office/Business activity may include any window or outdoor display of goods,
any stock in trade, or any other commodities.
G. Signage.
There shall be no signs advertising a Home Office/Business.
7-703. MANUFACTURED HOME PARK.
A. Park Layout.
The layout of Manufactured Home Spaces shall follow variations in natural terrain and
preserve unique natural features of the site, such as tree stands, water courses, and rock
outcrops, to the extent practicable and feasible.
1. Where sites are flat and have few distinguishing features, a curvilinear or
clustered pattern for the Manufactured Home Spaces is encouraged.
2. Interspersing Open Spaces is encouraged.
B. Foundation and Anchors.
1. Each Manufactured Home Space shall be improved to include a
permanent, engineered foundation adequate for the placement and
anchoring of a Manufactured Home in compliance with the Building Code.
2. The foundation shall be constructed and approved by the Building Official
prior to delivery of the Manufactured Home to the site.
C. Landscaping.
1. The operator/owner shall be responsible for installation and maintenance
of landscaping in the park in accordance with the County-approved
Landscape Plan.
2. Additional landscaping may be required to provide screening or buffering
and to soften the visual appearance of a Manufactured Home Park.
D. Certification of Manufactured Homes.
All Manufactured Homes placed in or relocated to a Manufactured Home Park after
adoption of this Code shall meet the following certification requirements:
1. The Manufactured Home shall have certification pursuant to the “National
Manufactured Housing Construction and Safety Standards Act of 1974” (42
U.S.C. 5401, et seq.).
2. Manufactured Homes first occupied in the County after January 1, 1973,
shall have affixed a data plate and heating certificate stating compliance
with the following standards:
a. The home is designed to comply with Federal mobile or
Manufactured Home construction and safety standards in force at
the time of manufacture;
b. The home is designed for Colorado structural and wind zone
requirements;
c. The home is designed for Colorado outdoor winter design
temperature zones; and
d. The heating equipment installed in the home has capacity to
maintain an average 70° F temperature inside the home with an
outdoor temperature of -20° F.
7-38
7-704. GROUP HOME FACILITIES.
A. Required Permits.
All applicable Federal, State, and local permits shall be obtained and maintained.
B. Location Restrictions.
1. Proximity to Other Group Homes. Location shall not create a concentration
of group homes in a neighborhood. A Group Home Facility shall not be
located within 300 feet of another Group Home Facility. The County may
permit 2 such facilities to be located closer than 300 feet apart if they are
separated by a physical barrier such as an arterial collector, a commercial
district, or a topographic feature.
2. Health, Safety, and Welfare of the Community. The location and operation
of the Group Home Facility does not constitute a direct threat to the health,
safety, or welfare of the community.
C. Overnight Shelter.
1. On-Site Staffing. No facility shall be open for use by clients unless there is
staff on site to supervise and oversee the clients.
2. Waiting Areas. The facility shall provide an indoor or outdoor waiting area
in a size adequate to prevent the anticipated number of clients from
queuing into or otherwise waiting in the public right-of-way.
D. Short-Term Care Facility.
1. Maximum Occupancy. For short-term care facilities that operate with
sleeping rooms or with open-air dormitory-type sleeping areas, the
following occupancy standards shall apply:
a. Residential Districts. For a Residential Zoning District, the
maximum number of residents of the facility shall not exceed 6
persons for each dwelling unit.
b. Commercial Districts. For a Commercial Zoning District, the
maximum number of residents of the facility shall not exceed 6
persons for each dwelling unit. Up to 2 additional persons per
dwelling unit equivalents may be permitted if the property is not
adjacent to a Residential Zoning District.
2. Calculating Occupancy. The maximum occupancy for a facility shall be
calculated by summing the number of occupants of the facility, the
occupants of any overnight shelter uses and any Transitional Housing uses
that are located on the property.
E. Transitional Housing.
The maximum number of dwelling units for Transitional Housing shall be the density
permitted within the applicable zone district. For Transitional Housing within an Industrial
Zone District, the number of dwelling units permitted shall not exceed 1 dwelling unit for
each 1,600 square feet of Lot area on the site.
7-705. TEMPORARY EMPLOYEE HOUSING FACILITIES, MAJOR.
A. Adequate Site Plan.
The Temporary Employee Housing Operator shall provide to the Sheriff’s Office and the
relevant fire protection district a detailed map and GPS coordinates that are sufficient for
emergency response purposes, including:
1. Location of the Temporary Employee Housing site;
2. Private and public roadways accessing the site, marked as open, gated
and/or locked; and
7-39
3. Detailed directions to the site from a major public right-of-way.
4. The map is subject to approval by the Sheriff’s Office and fire protection
district.
B. Water Systems.
1. Water systems must comply with all applicable State and local laws and
regulations.
2. All potable water systems must include a meter and the Operator must
keep a record of the daily usage.
3. For sites to which potable water is hauled, Operators shall:
a. Keep appropriate records, to be provided to the County upon
request, to demonstrate that water supplied to a site is from an
approved source and that wastewater is disposed at an approved
facility.
b. For water facilities not permitted by the CDPHE, the Operator must
conduct monthly tests (or quarterly if an on-site disinfection system
is installed) and maintain records of potable water samples specific
for coli form. Any tests indicating coli form contamination must be
disclosed to the County Public Health Department.
c. Water systems facilities permitted by the CDPHE must obtain all
necessary State permits or demonstrate that applications for any
necessary permits have been submitted prior to a determination by
the County that an application is complete.
d. Maintain compliance with State regulations at all times during
operation.
4. In no case shall unsafe water be used for drinking nor shall raw sewage or
used water be discharged onto the ground surface.
C. Wastewater Systems.
1. Wastewater systems must comply with all applicable State and local laws
and regulations.
2. Wastewater may be disposed of using either an OWTS or a vault-and-haul
system. A vault-and-haul system must demonstrate the following:
a. Year-round access is available and maintained for safe and regular
access for sewage hauling vehicles;
b. The Operator can demonstrate and guarantee an arrangement for
hauling sewage;
c. The Operator will maintain all records, including but not limited to,
trip logs/reports and landfill receipts;
d. The sewage disposal records will be maintained as public records
to be available to the County upon request;
e. The facility will not exceed a cumulative of 1 year at the approved
location; and
f. The facility has been designed to accommodate 75 gallons of
wastewater per person per day or an amount derived from
engineered calculations taken from metered usage rates at a similar
facility that has been reviewed and approved by the County.
7-40
D. Inhabitants.
Inhabitants of the Major Facility shall be Temporary Employee Housing Operator’s
employees and/or subcontractors, working on the related construction or mineral
extraction operation, and not dependents of employees, guests, or other family members.
E. Clean, Safe, and Sanitary Condition.
Major Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds
and refuse. Any hazardous or noxious materials that must be stored on site for operational
or security reasons must be managed in accordance with all applicable Federal, State,
and local laws and regulations.
F. Fire Protection General Requirements.
1. Provisions for giving alarm in case of fire and fire suppression must be
installed per fire codes and as required by the fire protection district.
2. Single-station carbon monoxide alarms must be placed in each
Manufactured Home or Recreational Vehicle unit.
G. Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash. Outdoor food storage is
prohibited unless facilities are provided that prevent the attraction of animals to the Major
Facility site.
H. Notification of Site Development.
If the County grants a Land Use Change Permit for a Major Temporary Employee Housing
Facility, the Operator shall notify the County when site development begins. The Operator
shall verify in writing, including submission of a Site Plan and photo documentation, that
the site, water system, and sewage disposal system were designed, installed, and
inspected in accordance with the Land Use Change Permit and comply with all applicable
regulations, permits, and conditions. All written documentation and Site Plans verifying
compliance must be stamped by a qualified professional engineer. The County also
reserves the right to inspect a site, without notice, to assess compliance with County
approvals. A determination of noncompliance with any Land Use Change Permit, or
condition of approval thereof, is grounds for revocation or suspension of said permit.
I. No Domestic Animals Allowed.
Domestic animals are prohibited.
J. Reclamation and Revegetation Plan.
At the expiration of the permit, the lands shall be restored and all housing structures and
associated infrastructure shall be removed. The Operator shall submit as part of the Site
Plan for the Major Temporary Employee Housing Facility, a Reclamation and
Revegetation Plan authorized by the landowner for each specific site.
1. Debris and waste materials shall be removed including, but not limited to,
structures, concrete, footings, sewage disposal and water storage systems
and related infrastructure, plastic, sand or gravel, pipe, and cable. All pits,
cellars, and other holes will be backfilled to conform to surrounding terrain
as soon as possible after all equipment is removed. All access roads to
the site and associated facilities shall be closed, graded, and recontoured.
Culverts and any other obstructions that were part of the access road(s)
shall be removed. Upon closure of a camp facility, wastewater tanks shall
be completely pumped out and either crushed in place, punctured, and
filled with inert material, or removed. Any waste material pumped from a
wastewater tank or waste debris from tank removal must be disposed of at
an approved facility that is permitted by CDPHE and/or the County to
receive said wastes.
7-41
2. Materials may not be burned or buried on the premises. All disturbed areas
affected by Major Temporary Employee Housing Facilities or subsequent
operations shall be reclaimed as early and as nearly as practicable to their
original condition and shall be maintained to control dust, weeds, and
minimize erosion. As to crop lands, if subsidence occurs in such areas
additional topsoil shall be added to the depression and the land shall be re-
leveled as close to its original contour as practicable. Reclamation shall
occur no later than 3 months after the Land Use Change Permit expires or
is revoked unless the Director extends the time period because of
conditions outside the control of the Operator.
3. All areas compacted by Major Temporary Employee Housing Facilities and
subsequent operations shall be cross-ripped. On crop land, such
compaction alleviation operations shall be undertaken when the soil
moisture at the time of ripping is below 35% of field capacity. Ripping shall
be undertaken to a depth of 18 inches unless and to the extent bed rock is
encountered at a shallower depth.
4. When a Major Temporary Employee Housing Facility is removed, all
disturbed areas will be restored and revegetated as soon as practicable.
For disturbed areas not regulated by the COGCC, the following regulations
apply:
a. Revegetation of Crop Lands. All segregated soil horizons removed
from crop lands shall be replaced to their original relative positions
and contour, and shall be tilled adequately to reestablish a proper
seedbed. The area shall be treated if necessary and practicable to
prevent invasion of undesirable species and noxious weeds, and to
control erosion. Any perennial forage crops that were present
before disturbance shall be reestablished.
b. Revegetation of Noncrop Lands. All segregated soil horizons
removed from noncrop lands shall be replaced to their original
relative positions and contoured as near as practicable to achieve
erosion control and long-term stability, and shall be tilled adequately
in order to establish a proper seedbed. The disturbed area then
shall be reseeded in the first favorable season. Reseeding with
species consistent with the adjacent plant community is
encouraged. In the absence of an agreement between the
Operator and the affected surface owner as to what seed mix
should be used, the Operator shall consult with a representative of
the local soil conservation district to determine the proper seed mix
to use in revegetating the disturbed area.
c. Noxious Weeds. During occupation and reclamation operations, all
disturbed areas shall be kept free of Garfield County and State of
Colorado List A and B noxious weeds.
5. Successful reclamation of the site and access road will be considered
completed when:
a. On crop land, reclamation has been performed as pursuant to
section 7-705.J.4.a. and observation by the County Vegetation
Manager over 2 growing seasons has indicated no significant
unrestored subsidence.
b. On noncrop land, reclamation has been performed pursuant to
section 7-705.J.4.b. and the total cover of live perennial vegetation,
excluding noxious weeds, provides sufficient soils erosion control
7-42
as determined by the County Vegetation Manager through a visual
appraisal. The Director shall consider the total cover of live
perennial vegetation of adjacent or nearby undisturbed land, not
including overstory or tree canopy cover, having similar soils, slope,
and aspect of the reclaimed area.
c. A final reclamation inspection has been completed by the County
Vegetation Manager, there are no outstanding compliance issues
relating to the County rules, regulations, orders, or permit
conditions, and the Director has notified the Operator that final
reclamation has been approved.
6. The Operator shall provide security for revegetation of disturbed areas in
an amount and in accordance with a plan approved by the County
Vegetation Management Department. The security shall be held by the
County until vegetation has been successfully reestablished per the
approved plan.
K. Expiration or Revocation of Land Use Change Permit.
Upon expiration of the Land Use Change Permit, a Certificate of Occupancy shall be null
and void. Upon revocation of the Land Use Change Permit, a Certificate of Occupancy
shall be revoked.
7-706. TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR.
A. Federal, State, and Local Laws and Regulations.
Minor Facilities must comply with all applicable Federal, State, and local laws and
regulations.
B. Notification of Facility Installation and Removal.
The Sheriff’s Office and relevant fire protection district(s) must be notified at least 24 hours
prior to installation and removal of each Minor Facility. The Community Development
Department shall be copied on all such notification, whether hard copy or electronic.
C. Water Systems.
Water systems shall comply with standards set forth in section 7-705.B.
D. Wastewater Systems.
Wastewater systems shall comply with standards set forth in section 7-705.C.
E. Clean, Safe, and Sanitary Condition.
Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds
and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility
for operational or security reasons must be managed in accordance with all applicable
Federal, State, and local laws and regulations.
F. Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash. Outdoor food storage is
prohibited unless facilities are provided that prevent the attraction of animals to the Major
Facility site.
G. Fire Protection.
1. Provisions for giving alarm in case of fire and fire suppression must be
installed per fire codes and as required by the fire protection district.
2. Single-station carbon monoxide alarms must be placed in each
Manufactured Home or Recreational Vehicle unit.
H. No Domestic Animals Allowed.
Domestic animals are prohibited.
7-43
I. Removal of Facility.
Within 10 days following the expiration or other termination of the Land Use Change Permit
or represented date of removal identified within the Land Use Change Permit, all housing
structures, foundations, and associated infrastructure shall be completely removed. The
Operator shall provide the Director with photos, dated, and signed by the Operator’s
compliance officer, indicating that all housing structures, foundations, and associated
infrastructure have been removed within the specified timeframe.
7-707. TEMPORARY EMPLOYEE HOUSING FACILITIES, SMALL.
A. Notification of Occupation and Removal.
Within 48 hours following occupation of the Small Facility, documentation shall be
provided to the Community Development Department, Sheriff’s Office, and relevant fire
protection district(s) that demonstrates and certifies compliance with the following
standards. Notice shall also be provided to these entities within 48-hours following
removal of a Small Facility.
B. General Information to be Provided.
The Operator shall provide:
1. The location of the facility (section/township/range, relevant tax parcel
number, and GPS coordinates or latitude/longitude coordinates);
2. Relevant zone district;
3. Maximum number of occupants;
4. Cumulative amount of time that the Small Facility will be at the specified
location;
5. Identification of the State or Federal permitting agency overseeing
reclamation, rehabilitation and revegetation of the Permitted Site and
relevant permit number;
6. Date of installation; date of removal;
7. Name and contact information of the landowner;
8. Name and contact information of the operator’s compliance officer;
9. 24-hour emergency contact information for the Operator; building
information (make, manufacture year, serial number, size (square feet));
10. The Operator shall document all emergency situations requiring action by
any government agency or fire protection district, in writing, and such
documentation shall be presented to the Community Development
Department within 24 hours of the occurrence.
C. Federal, State, and Local Laws and Regulations.
Small Facilities shall comply with all applicable Federal, State (i.e. Building Codes and
electrical permits), and local laws and regulations (i.e. fire code), but are not subject to
County Building Permit.
D. Water System.
Water systems shall comply with standards set forth in section 7-705.B.
E. Wastewater Systems.
Wastewater systems shall comply with standards set forth in section 7-705.C.
F. Clean, Safe, and Sanitary Condition.
Each Small Facility shall be maintained in a clean, safe, and sanitary condition, free of
weeds and refuse. Any hazardous or noxious materials that must be stored at the Small
Facility for operational or security reasons must be managed in accordance with all
applicable Federal, State, and local laws and regulations.
7-44
G. Trash and Food Storage.
Wildlife-proof refuse containers must be provided for trash. Outdoor food storage is
prohibited unless facilities are provided that prevent the attraction of animals to the Major
Facility site.
H. Fire Protection.
1. Provisions for giving alarm in case of fire and fire suppression must be
installed per fire codes and as required by the fire protection district.
2. Single-station carbon monoxide alarms must be placed in each
Manufactured Home or Recreational Vehicle unit.
I. No Domestic Animals Allowed.
Domestic animals are prohibited.
J. Third Party Inspection.
The Operator shall obtain a certification inspection conducted by a qualified professional
engineer. The certification shall verify that at the time of inspection the identified Small
Facility meets or exceeds the requirements of this section.
DIVISION 8. ADDITIONAL STANDARDS FOR PUBLIC/INSTITUTIONAL USES.
7-801. AIRCRAFT, ULTRALIGHT OPERATIONS.
Ultralight aircraft operations shall comply with all FAA regulations.
7-802. AIRCRAFT LANDING STRIP OR HELISTOP, PRIVATELY OWNED.
A. Refueling or Maintenance.
Refueling or maintenance of Transient Aircraft shall be prohibited unless essential to
permit the aircraft to fly to the nearest Airport or Heliport or as a part of a fire emergency.
B. Layout Plan for Aircraft Landing Strip.
1. An Aircraft Landing Strip Layout Plan shall be sufficient to depict the Airport
Reference Code, the layout of existing and planned facilities and features,
ground contours at 10 foot intervals, the building restriction lines, the
relationship of the Runway(s), and RPZs to the land parcel(s) on which the
Landing Strip is to be located and to adjoining land parcels.
2. Approach profiles shall depict the composite profile based on the highest
terrain across the width and along the length of each RPZ. Obstacles that
penetrate the Approach Surface within an RPZ shall be shown and shall
be removed prior to approval. Any Approach Surface along the extended
Runway centerline, and for 250 feet on either side, shall cross adjoining
property at an elevation of no less than 50 feet above ground level.
3. Runway profiles shall depict the proposed Runway centerline elevations
from the inner end of one RPZ to the inner end of the other. Runway
profiles not in compliance with FAA Advisory Circular 150/5300/13 are not
recommended.
4. The volume and location of any fuel storage facilities shall be indicated.
Fuel storage shall be in compliance with local, State, and Federal
requirements.
C. Layout Plan for Helistop.
1. A Helistop Layout Plan shall be sufficient to depict the design, layout of
existing and planned facilities and features, ground contours at 10-foot
7-45
intervals, the building restriction lines, the relationship of the Final
Approach and Takeoff Area (FATO), the Touchdown and Lift-off Area
(TLOF), the safety area and the Approach/Departure and Transitional
Surfaces (as defined in FAA Advisory Circular 150/5390-2) to the land
parcel(s) on which the Helistop is to be located and to adjoining land
parcels.
2. Approach profiles shall depict the composite profile based on the highest
terrain across the width and along the length of each Approach Surface for
at least the inner 1,000 feet. Any approach or departure surface shall cross
adjoining property at an elevation of no less than 50 feet above ground
level.
3. The volume and location of any fuel storage facilities shall be indicated.
Fuel storage shall be in compliance with local, State, and Federal
requirements.
7-803. AIRPORTS AND HELIPORTS.
A. Standards for Site Selection of Airport or Heliport Location or Expansion.
Airports and Heliports shall be located or expanded in a manner that will minimize
disruption to the environment, minimize the impact on existing community services, and
complement the economic and transportation needs of the State and the area. The
following standards shall apply to all applications proposing the location or expansion of
an Airport or Heliport.
1. Airport Layout. Airports shall be developed in accordance with an FAA-
approved layout plan, or a layout plan approved by the BOCC complying
with FAA Advisory Circular 150/5300-13 and the current Northwest
Mountain Region Airport Layout Plan Checklist, with the exception that
aircraft tie-down dimensions need only be sufficient to provide adequate
clearances for the aircraft to be tied down.
2. Heliport Layout. Heliports shall be developed in accordance with an FAA-
approved layout plan, or a layout plan approved by the BOCC complying
with FAA Advisory Circular 150/5390-2.
3. Ability to Obtain Necessary Permits. The Applicant can and will obtain all
necessary property rights, permits, approvals, and easements (including
needed permits/easements for fuel storage, drainage, disposal, utilities,
and avigation within Airport area of influence) prior to site disturbance
associated with the proposed project. The BOCC may, at its discretion,
defer making a final decision on the application until outstanding property
rights, permits, and approvals are obtained.
4. Conflict with Existing Easements. The location of the Airport or Heliport
site or expansion will not unduly interfere with any existing easements for
power or telephone lines, irrigation, mineral claims, or roads.
5. Relationship to Economic and Transportation Needs. The location of the
Airport or Heliport site or expansion complements the existing and
reasonably foreseeable economic and transportation needs of the State
and of the area immediately served by the Airport, particularly Mass Transit
Facilities.
6. Noise. The immediate and future noise levels in communities within the
Airport area of influence to be caused by the Airport location or expansion
and any anticipated future expansion will not violate any applicable local,
State, or Federal laws or regulations, provided that in any area with a
7-46
potential noise level of CNR 110 or more, no structure shall be allowed and
existing structures shall be relocated.
7. All Airport and Heliport layout plans will be reviewed for compliance with
this Code by the County’s Airport design professional designee, at the
expense of the Applicant.
B. Fabrication, Service, and Repair Operations.
All Fabrication, service, and repair operations shall be conducted in compliance with
Airport Rules and Regulations.
C. Storage of Materials.
All storage of materials shall be within a building or obscured by fence.
7-804. FAMILY CHILD CARE HOME AND CHILD CARE CENTER.
A. Required Permits.
Applicable local, State, and Federal permits shall be obtained and maintained.
B. Parking.
One parking space is required for each employee not residing in the building used for a
Family Child Care Home or Child Care Center.
DIVISION 9. ADDITIONAL STANDARDS FOR COMMERCIAL USES.
7-901. BROADCASTING STUDIO.
A. FCC and FAA Approval.
The Communication Facilities that are part of a broadcasting studio operation must be
approved by the FCC and FAA, including compliance with the FCC’s radio frequency
emission requirements.
B. Co-Location Communication Facilities.
Co-location of Communication Facilities on site that are part of a broadcasting studio
operation is encouraged.
7-902. NURSERY/GREENHOUSE.
A. Dwelling Unit.
One Single-Family Dwelling Unit occupied by the owner, operator, or manager shall be
considered accessory to this use.
B. Storage of Materials and Equipment.
Storage of materials and equipment directly related to an on-site Nursery shall be
considered accessory to and incidental to the operations.
7-903. OPTIONAL PREMISES CULTIVATION OPERATION.
The use of land, buildings, or structures to grow, produce, cultivate, sell, dispense, distribute,
store, test, or manufacture Marijuana and/or Marijuana-infused products is not permitted
anywhere in unincorporated Garfield County, except to the extent specifically set forth in this
Code. This section will not be construed to apply to the private cultivation of Medical Marijuana
by a registered patient or primary caregiver as defined in Article XVIII, Section 14, of the Colorado
Constitution.
A. Signs.
All signage associated with a Optional Premises Cultivation Operation (“OPCO”) shall be
prohibited.
7-47
B. Odor.
An Optional Premises Cultivation Operation shall not produce adverse or noxious odors
that can be detected outside of the licensed premises in which it is occurring. All
applications shall include proposed methods of odor control.
C. Visual.
All Marijuana plants, products, by-products, waste, and associated equipment identifying
the use as an Optional Premises Cultivation Operation shall be contained entirely within
an enclosed building and shall not be visible from outside the building. Applicants must
provide an alarm system and security system plan for the subject building that meets State
law for buildings containing an OPCO. All processing, packaging, and business
transactions shall take place indoors and in a manner that does not disclose the identity
of the use. The facility shall be constructed in a manner that prevents any nighttime
leakage of lighting. All products being transported from the Optional Premises Cultivation
Operation shall be wrapped or contained in such a manner that does not disclose its
contents.
D. Location.
1. An Optional Premises Cultivation Operation shall not be located closer than
1,000 feet from any of the following uses. The distance between the
Optional Premises Cultivation Operation and the neighboring land use shall
be measured as the crow flies from the nearest property line of the land
use to the nearest portion of the building in which Medical Marijuana is to
be cultivated.
a. An education facility;
b. A Family Child Care Home;
c. A public park;
d. Drug and alcohol treatment facilities (“Group Home Facility”);
e. A Place of Worship; and
f. Public Building.
2. No Land Use Change Permit shall be issued to an Optional Premises
Cultivation Operation that is connected with a Medical Marijuana Center
outside of Garfield County.
E. On-Site Use.
The consumption, ingestion, or inhalation of Medical Marijuana or alcohol is prohibited in
or on the premises of an Optional Premises Cultivation Operation.
F. Other Applicable Licenses.
Prior to operating, an Optional Premises Cultivation Operation must obtain and comply
with the terms of all applicable State and local licensing and present those approved
licenses to the County Community Development Department and County Clerk and
Recorder. An Optional Premises Cultivation Operation shall post these documents in the
premises. Optional Premises Cultivation Operations that existed prior to June 21, 2010,
and have been confirmed by the BOCC through the local verification process in a Public
Hearing, must provide proof of that approval.
G. On-Site Notice.
A legible sign as required by State law shall be posted in a conspicuous location in each
Optional Premises Cultivation Operation.
H. Compliance with Other Laws and Regulations.
An Optional Premises Cultivation Operation shall comply with all applicable State and local
Building Codes, laws, and regulations.
7-48
7-904. SHOOTING GALLERY/RANGE.
A. Design.
The facility shall be designed in accordance with standards established in the NRA
document entitled “The NRA Range Sourcebook.” The BOCC may require modifications
to address public safety concerns and to ensure adequate safety measures, based upon
public input received during the application review and approval process.
B. Sanitary Facilities.
The Shooting Gallery shall have sanitary facilities on site.
7-905. CAMPGROUND/RECREATIONAL VEHICLE PARK.
All Recreational Vehicle spaces shall abut upon a driveway, graded for drainage, and maintained
in a rut- and dust-free condition, which provides unobstructed access to a public right-of-way. The
minimum unobstructed width of such driveways shall be 15 feet for 1-way traffic or 25 feet for 2-
way traffic. No parking shall be permitted on the driveways.
7-906. SMALL CAMPING FACILITY
A. Setbacks
1. All Small Camping Facilities and associated activities must be located at a
minimum of 200’ from the nearest property line.
2. The application shall comply with Waterbody Setbacks as detailed in Section
7-203.
B. Passenger Vehicles
Two passenger vehicles shall be permitted per tent pad site or Recreational
Vehicle Space.
C. Recreational Vehicles
One Recreational Vehicle is permitted per Recreational Vehicle space.
D. Operational Timeframes
A Small Camping Facility is only permitted to operate between May 1st and
November 30th.
E. Property Size
A Small Camping Facility is only permitted on a property with an area of 10-acres
or greater.
DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES.
7-1001. INDUSTRIAL USE.
These standards shall apply to all industrial uses:
A. Residential Subdivisions.
Industrial uses shall not occupy a lot in a platted residential Subdivision.
7-49
B. Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an adjacent
residential property line, unless the use is on an industrially zoned property, or located
within a building. At a minimum, required setbacks as identified in Table 3-201 shall apply.
C. Concealing and Screening.
When an industrial use is not located on an industrial zoned property, all storage,
Fabrication, service, and repair operations shall be conducted within an enclosed building
or have adequate provisions, based on location and topography, to conceal and screen
the facility and/or operations from adjacent property(s).
D. Storing.
1. Materials shall be stored on the property in a form or manner that will not
be transferred off the property by any reasonably foreseeable natural cause
or force.
2. All products shall be stored in compliance with all national, State, and local
codes.
3. Shall be a minimum of 100 feet from an adjacent property line or located
entirely within a building.
4. Petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
E. Industrial Wastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and State
statutes and requirements of CDPHE. Flammable or explosive solids or gases and other
hazardous materials including wastes shall be stored according to the manufacturer’s
standards and shall comply with the national, State, and local fire codes and written
recommendations from the appropriate local fire protection district.
F. Noise.
Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25,
unless the use is regulated by the COGCC. In this case, the use shall be subject to
COGCC rules in regard to noise abatement.
G. Ground Vibration.
Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line of the
property.
H. Hours of Operation.
Any activity that will generate noise, odors, or glare beyond the property boundaries will
be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or
as approved by the decision-making authority.
I. Interference, Nuisance, or Hazard.
Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that
substantially interfere with the existing use of adjoining property or that constitutes a public
nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of
storage tanks, or other legal requirements for safety or air pollution control measures, shall
be exempted from this provision.
7-1002. GRAVEL OPERATION.
A. Water Quantity and Quality Impacts/Floodplain Impacts.
Every application for gravel extraction shall address the following:
7-50
1. No application shall be accepted by the County without a letter from the
applicable fire protection district stating that the proposed project has been
adequately designed to handle the storage of flammable or explosive solids
or gases and that the methods comply with the national, State, and local
fire codes.
2. No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
3. When the proposal is near a river or stream, the Applicant is required to
submit an analysis by a professional engineer showing the boundaries of
the Floodplain and the Floodway in the area of the pit.
4. All gravel extraction operations shall comply with the applicable standards
of section 3-301, Floodplain Overlay Regulations, and will be subject to
section 4-109, Development in 100-Year Floodplain.
a. In all cases, there shall be no storage of fuel or hazardous materials
including concrete/asphalt Batch Plants within the Floodway.
b. All applications shall provide a dewater/discharge plan that
provides a detailed graphic representation of how dewatering
operations shall occur. This plan shall demonstrate that the
discharge will not exceed State standards for discharge into a water
course or Wetland.
B. Air Quality.
No application shall be approved until the Applicant submits evidence that uses shall have
current CDPHE air pollution permits and shall meet current CDPHE emissions standards
for air and water.
C. Noise/Vibration.
Gravel extraction operations shall be conducted in a manner such that the volume of
sound generated does not constitute a public nuisance or hazard. Gravel extraction
operations shall comply with the standards set forth in C.R.S., Article 12, Title 25, except
as such standards are modified as follows:
1. An Applicant shall submit a noise study that demonstrates the proposed
gravel operation can meet the requirements in the matrix below based on
measuring the sound levels of noise radiating from a property line at a
distance of 25 feet or more beyond the subject property, except as
excluded for construction activities per C.R.S. § 25-12-103 et seq., that
allows up to 80 db(A).
2. The dB(A) threshold shown in Table 7-1002 shall be that of the receiver
and not that of the emitter. For example, while the gravel operation would
be considered an industrial operation, the dB(A) levels shown below are
measured according to the neighboring uses so that if a residential use was
located adjacent to the operation, sound levels could not exceed 55 dB(A)
from 7:00 a.m.to 7:00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59 a.m.
Table 7-1002: dB(A) Threshold per Neighboring Use
Use 7 am to 7 pm 7 pm to 7 am
Residential 55 dB(A) 50 dB(A)
Commercial 60 dB(A) 55 dB(A)
Light Industrial 70 dB(A) 65 dB(A)
Industrial 80 dB(A) 75 dB(A)
7-51
3. Every use shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible without instruments at any point of
any boundary line of the property on which the use is located.
D. Visual Mitigation.
All applications for gravel extraction shall address the following:
1. All gravel operations proposed to mine areas greater than 30 acres shall
be designed in multiple phases in order to minimize the visual impact of the
Gravel Pit primarily by logical “sequencing” and “overall layout” of the pit’s
design.
2. Screening, Berming and Buffering.
a. The operation shall be organized on the site to minimize impact on
adjacent land uses and protect established neighborhood character
through installation of screen fences, berming, and/or landscape
materials, as well as by the location of access points, lighting, and
signage.
b. Visual screening shall be in place prior to the commencement of the
commercial mining activity of each phase. Site preparation activity
such as removal of overburden shall be allowed prior to the
construction of the visual screening if material will be used for the
creation of the necessary screening.
3. Unless otherwise determined by the BOCC, mining operations shall be
allowed to progress so long as the previous phases have been reclaimed
within 6 months after the commencement of the new phase. If the
reclamation has not commenced in 6 months, or has not been completed
within 18 months, all mining operations on the property shall stop until the
reclamation/revegetation has occurred to the satisfaction of the County.
E. County Road System.
1. All applications shall submit a Traffic Impact Study consistent with section
4-203.L.
2. Any required improvements shall either be in place prior to or shall be
constructed in conjunction with the proposed use.
3. Truck traffic will not access the mining operation through residential or
commercial areas, or such traffic will be mitigated.
4. Proposed haul routes from the extraction operation will be upgraded to
withstand the additional traffic, if determined by the Traffic Study or
recommended by the County Engineer, and the permittee will prevent road
damage and mitigate dust, under the supervision of the Road Supervisor.
5. If a driveway access permit is required by the County Road and Bridge
Department, Applicant must comply with all permit conditions. The owner
or operator of a gravel extraction operation is responsible for any damage
caused by the operation’s traffic to a County Road. Repair or replacement
of road surface will be determined by the Road Supervisor.
F. Compatibility with Surrounding Land Uses.
The proposed operation will be located so as to mitigate cumulative impacts to roads, air,
and water quality.
7-52
G. Revegetation.
All revegetation efforts shall occur as part of phased reclamation. The Applicant shall
provide locations of County-listed noxious weeds on a map. Once the inventory is
provided, the Applicant shall develop a Weed Management Plan that addresses all
County-listed noxious weeds found on site. This Weed Management Plan shall be
submitted to the County Vegetation Manager for approval prior to the issuance of a Land
Use Change Permit
H. Reclamation.
All applicants shall submit a reclamation plan that complies with the standards of the
Colorado Division of Reclamation, Mining and Safety (CRMS) and meets the following
design criteria:
1. The Reclamation Plan approved by the County as part of the Land Use
Change Permit shall be resubmitted to the DRMS to become the only
reclamation plan (tasks/timetables) used by both the County and DRMS.
Additionally, a bond shall need to be calculated to cover this plan and
secured with DRMS to cover its implementation.
2. Wetland and Dryland Slopes. Wetland and Dryland Slopes are illustrated
in Figure 7-1002.
a. Wetland Slope Areas:
(1) For the purpose of this section, Wetland Slope is defined as
3 feet above the shoreline and 3 feet below the shoreline.
(2) Wetland Slopes shall be predominantly 5:1 or shallower,
with at least 80% 5:1 and 20% 10:1 or shallower. The
percentage of Wetland Slope is calculated along the
perimeter of the reclaimed lakes.
(3) An alternate plan for the shoreline area which modifies the
standards above may be proposed by an Applicant to
accommodate special needs for:
(a) Water-based recreation amenities;
(b) Reducing wildlife habitat along certain sections of
shoreline due to proximity to an airport; or
(c) Fishing embankments.
(4) Other special needs or uses that may be proposed by the
Applicant.
(5) Wetlands shall be included in the reclamation plan for all
shoreline areas.
b. Dryland Slope Area.
(1) For the purposes of this section, the Dryland Slope area is
defined as any area above a Wetland Slope in the post-mine
land use that will predominately be used for rangeland
grazing and wildlife habitat.
(2) Dryland Slopes shall be predominantly 5:1 with at least 85%
of the Slopes 5:1 or shallower.
(3) An alternate Slope plan for the Dryland area which modifies
the standards above may be proposed by an Applicant to
accommodate special needs when:
7-53
(a) The existing terrain Slope is steep (greater than 5:1);
or
(b) Where there is little or no available on-site backfill
material.
Figure 7-1002: Wetland and Dryland Slopes
3. Vegetation.
a. Wetland Criteria.
(1) All Wetland Slopes on a Reclamation Plan shall include
revegetation with appropriate species shown on a
Landscape Plan. The plan shall:
(a) Show the reclaimed Wetland area to scale;
(b) Identify the species and number of plantings;
(c) Provide for adequate irrigation, if required;
(d) Provide for adequate species diversity to enhance
wildlife habitat; and
(e) Provide other site specific requirements as may be
identified.
(2) Wetland seeding shall occur immediately prior to lake filling
using the following methods:
(a) Seeding shall be done by drilling or by hydro-
seeding methods. Broadcast seeding is not
permitted;
(b) Revegetation of Wetlands shall also include planting
of trees, willows and/or shrubs; and
(c) Existing trees may be included in the plan if they are
a minimum of 8 feet in height and 2 inches in
diameter.
b. Dryland Criteria. All Dryland areas on a Reclamation Plan shall
include revegetation with appropriate Dryland plant species
including a mixture of grasses, forbs, and shrubs, based on the
written recommendation of a qualified professional.
7-54
4. Reclamation with multiple ponds or lakes shall provide islands or
peninsulas that make up at least 20% of total lake surface in order to break
up the surface and provide undulation of shorelines in a natural-like
appearance.
5. To the extent permitted by law, unless all disturbance created by the mining
operation is covered by a reclamation bond under jurisdiction of the DRMS,
or by the Federal government on federally-owned lands, a bond or other
acceptable financial performance guarantee shall be submitted in favor of
the County in an amount of at least 150% of the cost of restoration of the
site and access roads. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account for
inflation. A bid for site restoration acceptable to the permittee and the
County shall be submitted to the Community Development Department as
evidence of the cost of reclamation for bond setting purposes.
I. Enforcement.
1. The County shall not issue a Land Use Change Permit until all required
local, State, and Federal permits have been obtained and submitted to
Garfield County including, but not limited to, the municipal watershed
permit, CDPHE, USACE, NPDES, Division of Water Resources (approved
well permits and plan for augmentation), etc.
2. The Operator acknowledges that the County has performance standards
in place that could lead to revocation of the Land Use Change Permit if
continued violations of the permit occur over a period of time.
3. The County can request a site inspection with 1-day notice to the Operator.
The owner or Operator must grant full access to any part of the site will be
granted. On request, all paperwork must be shown. The County cannot
request a large number of inspections that would interfere with normal
operation without cause.
4. Prior to contacting the appropriate agency, the County commits to notifying
the Operator of any compliance concern identified during a site inspection.
5. Any person at any time can call any permitting agency directly and request
an inspection if they believe a condition of that agency’s permit is being
violated.
6. To ensure that certain conditions of a permit are complied with, the BOCC
may require a financial performance guarantee in addition to that required
by the DRMS. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account for
inflation. The County will not require financial guarantees that are
duplicative of that required by the DRMS.
7. The County will be invited to any bond release inspection of the DRMS.
The County inspector will have the opportunity to demonstrate that any item
of the permit has not been complied with and that bond should not be
released.
7-55
7-1003. MINING OPERATION.
All Mining Operations are subject to 1041 Regulations as described in Article 14 of this Code.
7-1004. RECYCLING COLLECTION CENTERS.
A. Customary and Incidental.
A Recycling Collection Center shall be considered customary and incidental to Solid
Waste Transfer Facilities, recycling processing facilities, and commercial uses that are
20,000 square feet or larger.
B. Parking Lot Location.
A Recycling Collection Center located in Parking Lots shall not occupy required parking
spaces. The collection center shall be located so as not to not impede traffic flow.
C. Stored Products.
At least once per week the property owner and collection center operator shall remove
products stored at the site.
D. Maintenance.
The property owner and collection center operator shall keep the collection center in
proper repair and the exterior shall have a neat and clean appearance.
E. Organic Materials.
Organic materials are limited to plant matter, including but not limited to, tree limbs, leaves,
and grass clippings.
7-1005. SEWAGE TREATMENT FACILITY.
A. Exempt from Minimum Lot Size.
This use may be located on a separately dedicated lot and is exempt from the minimum
Lot Size requirements for the zone district in which it is located.
B. Accessory to the Primary Use.
When part of an overall project requires a Land Use Change Permit, a new Sewage
Treatment Facility shall be considered an accessory to the primary use and shall not
require additional permitting except for those permits required by CDPHE.
7-1006. SOLID WASTE DISPOSAL SITE AND FACILITY.
Solid Waste Disposal Sites shall comply with State laws and regulations and must receive a
“certificate of designation” from the County.
7-1007. VEHICLE SAFETY AREAS.
A. Continuing Obligation.
The provision and maintenance of Vehicle Safety Areas shall be a continuing obligation
of the property owner.
B. Prohibited Uses.
Prohibited uses of Vehicle Safety Areas include:
1. Materials or inoperable vehicles shall not be stored in any Vehicle Safety
Areas.
2. Vehicles shall not be displayed for sale in any Vehicle Safety Area.
3. Repair work shall not be conducted in any Vehicle Safety Area unless it is
directly related to the safety of the vehicle in inclement weather. Such
repairs shall not render a vehicle inoperable for more than 24 hours.
7-56
4. Vehicles may only park in a Vehicle Safety Area for safety reasons during
adverse weather conditions. No vehicle shall park in a Vehicle Safety Area
longer than 24 hours.
5. No loading/unloading of equipment or material, vending of any goods or
services, storage, or staging shall be allowed within any Vehicle Safety
Areas.
DIVISION 11. ADDITIONAL STANDARDS FOR UTILITIES.
7-1101. SOLAR ENERGY SYSTEMS.
A. Solar Energy Systems General Standards
These standards apply to all Solar Energy Systems.
1. Signage. All Solar Energy Systems must install signage warning of
electrical shock around the perimeter of the system.
2. All Solar Energy Systems must comply with adopted Garfield County wind
and snow load requirements.
3. All Solar Energy Systems shall be designed and operated so that they do
not emit glare that substantially interferes with the existing use of
adjoining property or that constitutes a public nuisance or hazard.
A.
All Solar Energy Systems must install signage warning of electrical shock
around the perimeter of the system.
B. Solar Energy Systems, Accessory.
These additional standards apply to Accessory Solar Energy Systems:
1. Building-Mounted System:
a. The Solar Energy System components must be mounted as flush
to the roof or structure as practicable.
b. The building-mounted Solar Energy System may not exceed the
roofline for pitched roofs.
c. Solar collectors installed on flat roofs may be raised up to 6 feet
above the height of the building and shall have a 3-foot setback
from the edge of the roof.
2. Ground-mounted System:
a. A ground-mounted system must meet the minimum setbacks of the
zone district and shall be located fully within the Building Envelope,
if a Building Envelope exists.
b. The height of the Solar Energy System shall not exceed 15 feet.
c. The total area of the ground-mounted Solar Energy System shall
not exceed 10% percent of the lot’s gross area.
d. Size of the system(s) is limited to less than a combined 15 kW-
rated nameplate DC capacity to include equivalent kW
measurement of energy for systems other than photovoltaics2,500
sq ft.
C. Solar Energy Systems, Small and Large
These additional standards apply to both Small Solar Energy Systems and Large Solar
Energy Systems.
Formatted: Solar Energy List, No bullets or numbering, Tab
stops: Not at 1"
Formatted: Normal, Indent: Left: 1", No bullets or
numbering, Tab stops: Not at 1"
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Solar Energy List 2, No bullets or numbering
Formatted: Solar Energy List, No bullets or numbering, Tab
stops: Not at 1"
Formatted: Solar Energy List, Indent: Left: 0", Space After:
0 pt
Formatted: Solar Energy List, No bullets or numbering, Tab
stops: Not at 1"
Formatted: Border: : (No border)
7-57
1. All activity associated with these uses shall be a minimum of 100 feet
from an adjacent residential property line, unless the use is on an
industrially or resource land zoned property or located on a building. At a
minimum, required setbacks as identified in Table 3-201 shall apply.
2. The application shall include a decommissioning plan that, at a minimum,
addresses the removal of all facilities and infrastructure, restoration of the
site to near preconstruction conditions, and securities.
d.
7-1102. TELECOMMUNICATIONS FACILITIES.
A. New Towers and Facilities.
To gain approval to construct a new transmission tower or facility, the Applicant must
demonstrate that:
1. The proposed tower or facility has sufficient structural strength or space
available to support the Applicant’s Telecommunication Facility and related
equipment; and
2. The proposed tower or facility will not cause unreasonable electromagnetic
or other interference with the antennas on existing towers, structures, or
utility structures; or
3. No owner of existing towers, structures, or utility structures, within a
distance that meets the Applicant’s engineering requirements, will allow the
Applicant to place its tower or facility thereon.
B. Structural and Engineering Standards.
The Applicant shall submit evidence concerning structural and engineering standards
prepared by a qualified professional engineer. The safety of the property and the
neighborhood shall be protected.
C. Public Utility Structures.
Towers or facilities that are proposed to be mounted on existing structures of public utilities
that have a franchise or other written permission from the County and use-concealed
towers and facilities are permitted in all nonresidential zoning districts, unless otherwise
specified by this Code.
1. The County may approve the placement, extension, or replacement of a
transmission tower or Telecommunication Facility on an existing Public
Utility structure up to 50 feet above the highest point on the same; and
2. The County may waive public notice and other submittal requirement if the
Director believes that the public interest will not be harmed by such a
waiver.
D. Design, Materials, and Color.
Transmission towers and Telecommunication Facilities shall be designed and maintained
to minimize visual impact, carry gravity, and wind loads required by law. At a minimum,
the transmission towers and facilities shall meet the following design standards:
1. Architectural integration with existing buildings, structures, and
landscaping, including height, color, style, massing, placement, design,
and shape. Concealment or stealth methods, such as camouflaging
transmission towers to look like light poles or trees, may be required.
2. Located on existing vertical infrastructure such as utility poles and Public
Building or utility structures.
Formatted: Solar Energy List 2, Indent: Left: 0"
Formatted: Solar Energy List 2, Left, Space After: 0 pt, No
bullets or numbering, Tab stops: Not at 3"
7-58
3. Roof-mounted antennas shall be located as far away as feasible from the
edge of the building. Antennas attached to the building should be painted
or otherwise treated to match the exterior of the building.
4. Equipment shelters and antennas shall not extend more than 10 feet from
the top of the building unless expressly approved by the County.
5. Located in areas where the existing topography, vegetation, buildings, or
other structures provide screening.
E. Lighting and Signage.
Only lighting and signage required by a Federal or State agency is allowed. No advertising
is allowed.
F. Non-Interference.
All wires, cables, fixtures, and other equipment shall be installed in compliance with the
requirements of the National Electric Safety Code and all FCC, FAA, State and local
regulations, and in such a manner that will not interfere with radio communications,
electronic transmissions, or all other electromagnetic communications or otherwise cause
a safety hazard.
G. Federal Aviation Agency Form.
The Applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or
Alteration, except that such form shall not be required for the following:
1. An amateur radio antenna, if owned and operated by a federally-licensed
amateur radio operator or used exclusively for a receive-only antennae;
2. Any existing tower and antennae provided a Building Permit was issued for
a tower or antennae prior to the adoption of this Code;
3. Any emergency Telecommunications Facilities used exclusively for
emergency services including, but not limited to, police, fire, and operation
of governmental entities; and
4. Any antennae used for FCC licensees engaged in AM, FM, or television
broadcasting.
H. Telecommunications Act.
All Telecommunications Facilities shall comply with all applicable standards of the Federal
Telecommunications Act of 1996, and all applicable requirements of the FAA.
7-1103. WATER RESERVOIR.
A water reservoir shall not be required to comply with the minimum Lot Size requirement for the
zone district in which it is located.
DIVISION 12. ADDITIONAL STANDARDS FOR ACCESSORY USES.
7-1201. ACCESSORY USE.
The following shall apply to all Accessory Buildings, Structures or Uses.
A. Accessory Building.
The rear yard setback of an Accessory Building may be reduced to the following distance
provided Clear Vision Area standards in section 7-303.I. are met.
Table 7-1201 A: Accessory Building Setbacks
Minimum Setback
7-59
Rear
All Districts 7.5 Feet
All Districts Abutting an Alley 10 Feet
B. Accessory Structure.
Accessory Structures, for example fences, hedges, retaining walls or walls, may be
located within any required yard setback provided the requirements in Table 7-1201 B and
Clear Vision Area standards in section 7-303.I. are met.
C. Marijuana, Personal Use, Medical Use or Caregiver
1. Any person growing marijuana for their own medical use, for their patients’
medical use, or for personal use shall comply with the County land use
code and the adopted Building Code.
2. Any person growing marijuana shall grow it in an Enclosed Locked Space
not viewable by the public or adjacent property.
3. All cultivation of marijuana shall only occur as an accessory use to a
Dwelling Unit.
4. All cultivation of marijuana shall only occur in the primary residence of the
patient, caregiver or person over 21 years old, or in an accessory structure
on the same property.
5. Each Lot is restricted to the following marijuana growing space and plant
count limitations regardless of the number of patients, primary caregivers,
or persons over the age of 21 residing on one Lot:
Table 7-1201 C: Marijuana, Personal Use, Medical Use or Caregiver
Lot Size and Dwelling Unit Count Grow Area and Plant Count Limitation
20,000 Square Feet or more and with 2 or
fewer Dwelling Units
300 Contiguous Square Feet and not to exceed
36 Plants per Lot
Less than 20,000 Square Feet and with 2 or
fewer Dwelling Units
100 Contiguous Square Feet and not to exceed
12 Plants per Lot
Any Lot with 3 or more Dwelling Units 100 Contiguous Square Feet and not to exceed
12 Plants per Dwelling Unit
6. All cultivation of marijuana shall not cause odors, smoke, heat, glare or light
that is detectable to a person of normal senses beyond the property line of
Table 7-1201 B: Accessory Structures (e.g. Fence, Hedge or Wall) Heights
Maximum Height
Zone District Front Yard Side Yard Rear Yard
R, RL‐P, RL‐E, RL‐TS and RL‐GS1 8 Feet1 8 Feet1 8 Feet1
R‐S, R‐U and RMHP 3 Feet1 6 Feet1 6 Feet1
C‐L, C‐G, I and PL 6 Feet1 6 Feet1 6 Feet1
1 Structures proposing to exceed the Maximum Height may be erected if reviewed and approved through an
Administrative Review (Section 4‐103) where the structure:
a. is required to maintain the agricultural use or the other existing uses on the property;
b. does not in any manner adversely impact the operation of any adjacent public right‐of‐way or roads;
c. does not adversely impact the natural lighting or visual corridor of adjacent properties; and
d. will not obstruct critical traffic areas along roadways.
7-60
the property upon which the use is being conducted, or in an adjacent
dwelling unit or public area.
7. All chemicals utilized in the growing of marijuana shall be used, stored, and
disposed of in accordance with all applicable laws and regulations. In
addition, all spent soils shall be disposed of in accordance with all
applicable laws and regulations.
DIVISION 13. ADDITIONAL STANDARDS FOR TEMPORARY USES.
7-1301. TEMPORARY USE.
In addition to any other applicable standards, the following standards apply to Temporary Uses.
A. The applicant, or a member of the applicant’s household, has not applied for a
permit for the same or similar use more than twice within the prior twelve (12)
month period.
B. The use does not result in any negative long-term impact to adjacent properties,
public infrastructure, or existing environmental conditions.
C. The use minimized any significant, adverse short-term impact to adjacent
properties, public infrastructure, or existing environmental conditions.
D. Pedestrian and vehicular traffic associated with the use are not hazardous or
conflict with the existing and anticipated traffic in the neighborhood.
E. Utility, drainage, and other necessary facilities to serve the proposed use will be
provided.
F. The temporary use location protects the public health, safety, welfare,
environment, infrastructure, and wildlife resources of Garfield County.
GARFIELD COUNTY, COLORADO
Article 9: Pipelines
and
Oil & Gas Code
LUDC
2013
Style Definition: Sub Title: Space After: 24 pt
Formatted: Sub Title
Formatted: Sub Title, Left
Formatted: Title, Left
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-i
ARTICLE 9
PIPELINES
TABLE OF CONTENTS
DIVISION 1. PIPELINES……………………………………………………………………………….1
9-101. APPLICABILITY. ........................................................................................................ 1
A. Length and Diameter. .................................................................................................. 1
B. Permit Required. ......................................................................................................... 1
9-102. SUBMITTAL REQUIREMENTS. ................................................................................. 1
A. General Application Materials. .................................................................................... 1
B. Vicinity Map. ................................................................................................................ 1
C. Site Plan. ..................................................................................................................... 1
D. Project Overview. ........................................................................................................ 1
E. Property Ownership and Authority to File Application. ................................................ 1
F. Adjacent Properties. .................................................................................................... 2
G. Regulatory Permit Requirements. ............................................................................... 2
H. Primary Project Participants. ....................................................................................... 2
I. Project Facilities. ......................................................................................................... 2
J. Construction Schedule. ............................................................................................... 2
K. Sensitive Area Survey. ................................................................................................ 2
L. Reclamation, Revegetation, and Soil Plan. ................................................................. 2
M. Weed Management Plan. ............................................................................................ 3
N. Emergency Response Plan. ........................................................................................ 3
O. Traffic Impact. .............................................................................................................. 3
P. Staging Areas. ............................................................................................................. 3
Q. Pressure Testing. ........................................................................................................ 3
9-103. REVIEW PROCESS. ................................................................................................... 4
A. Pre-Application Conference. ....................................................................................... 4
B. Determination of Application Completeness Review. .................................................. 4
C. Review by Referral Agency. ........................................................................................ 4
D. Evaluation by Director/Staff Review. ........................................................................... 4
E. Notice of Pending Application. .................................................................................... 4
F. Decision. ...................................................................................................................... 4
G. Call-Up. ....................................................................................................................... 5
H. Applicant’s Right of Appeal of Conditional Approval. .................................................. 5
I. Permit Issuance. .......................................................................................................... 5
J. Completion of Approval. .............................................................................................. 5
K. Amendments. .............................................................................................................. 6
9-104. REVIEW CRITERIA. ................................................................................................... 6
A. Located Along Perimeters. ....................................................................................... 6
B. Noise Abatement. ........................................................................................................ 6
C. Visual Impact. .............................................................................................................. 6
D. Access Points to Public Roads. ................................................................................... 6
E. Air Contaminant Emissions. ........................................................................................ 6
F. Water Quality Control Standards. ................................................................................ 6
G. Reclamation Plan. ....................................................................................................... 6
H. Removal of Abandoned Pipeline. ................................................................................ 7
9-105. ENFORCEMENT ......................................................................................................... 7
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-ii
ARTICLE 9
OIL AND GAS CODE
TABLE OF CONTENTS
DIVISION 2. OIL AND GAS CODE ............................................................................................ 8
9-201. GENERAL PROVISIONS ........................................................................................... 8
A. Title and Short Title ..................................................................................................... 8
B. Purpose and Intent. ..................................................................................................... 9
C. Authority. ..................................................................................................................... 9
D. Jurisdiction. ................................................................................................................. 9
E. Adoption of Colorado Oil & Gas Conservation Commission (COGCCECMC) Rule
423, NOISE, and Rule 424, LIGHT, by Reference. ..................................................... 9
F. Applicability. ................................................................................................................ 9
G. Oil & Gas Permits ........................................................................................................ 9
H. Term of Oil and Gas Permit. ...................................................................................... 10
9-202. DEFINITIONS ............................................................................................................ 10
A. Colorado Oil and Gas Conservation CommissionColorado Energy and Carbon
Management Commission Definitions ....................................................................... 10
B. Additional Definitions. ................................................................................................ 10
9-203. PRE-APPLICATION PROCESS FOR NEW OF MODIFIED OIL & GAS
OPERATION ............................................................................................................. 11
A. Request for Pre-Application Conference ................................................................... 11
B. Pre-Application Materials. ......................................................................................... 12
C. Scheduling and Conduction a Pre-Application Conference. ..................................... 12
D. Applicant Shall Schedule, Notice and Conduct a Neighborhood Meeting. ................ 12
E. Staff Comments/ Written Summary………………………………………………………13
9-204. APPLICATION MATERIALS FOR AN OIL & GAS PERMIT ................................... 14
A. Written Application Required ..................................................................................... 14
B. Additional Information Required. ............................................................................... 14
9-205. STANDARDS OF APPROVAL ................................................................................. 16
A. Standard of Approval of an Application That is the Subject of an Alternative Location
Analysis ..................................................................................................................... 16
B. Standard of Approval for Variance from or Modification to Noise and Lighting
Requirements. ........................................................................................................... 16
9-206. REVIEW OF REFERRAL AGENCY ......................................................................... 16
9-207. EVALUATION BY DIRECTOR/ STAFF .................................................................... 17
9-208. NOTICE OF PUBLIC HEARING ............................................................................... 17
9-209. CONDUCT IF HEARING AND DECISION BY THE BOARD OF COUNTY
COMMISSIONERS ................................................................................................... 17
9-210. FINANCIAL GUARANTEE ....................................................................................... 17
9-211. INSURANCE ............................................................................................................. 17
9-212. ENFORCEMENT ....................................................................................................... 18
9-213. SETBACKS FROM EXISTING OIL & GAS WELLS, OIL & GAS FACILITIES
AND ABANDONDED WELLS ............................................................................................... 18
APPENDIX A NOISE ............................................................................................................. 19
APPENDIX B LIGHTING ....................................................................................................... 25
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-1
DIVISION 1. PIPELINES
9-101. APPLICABILITY.
A. Length and Diameter.
An application for a pipeline must be submitted for any pipeline proposed to be located
within unincorporated Garfield County, excluding those on public or municipal lands, which
are:
1. Greater than 12 inches in diameter and over 2 miles in length or 2 cumulative
miles if separated by municipal or public lands; or
2. Any pipeline that is more than 5 miles in length or 5 cumulative miles if
separated by municipal or public lands.
B. Permit Required.
A Land Use Change Permit for a pipeline is required prior to the issuance of any other
County permit necessary for pipeline operations. However, pipeline operations that do not
require a building or other associated County permit must still obtain a Land Use Change
Permit per this Code, as necessary.
9-102. SUBMITTAL REQUIREMENTS.
The following information must be submitted with an application for a pipeline:
A. General Application Materials.
General Application Materials as provided in section 4-203.B.
B. Vicinity Map.
A Vicinity Map as provided in section 4-203.C.
C. Site Plan.
A Site Plan as provided in section 4-203.D.
D. Project Overview.
A description of the project including the length and diameter of the pipeline, pipeline
commodity, general description of the pipeline, and pipeline route.
E. Property Ownership and Authority to File Application.
1. Identity of owner of the parcel. This can be provided as a map or Plat
showing the parcel with the pipeline easement crossing the parcel.
2. Evidence of authority of Applicant to file the application as follows:
a. If the property owner of the parcel is not an individual (i.e. an entity or
a trust), applicant must submit a recorded Statement of Authority or
a recorded power of attorney for the individual authorized to
encumber the property on behalf of the entity; and
b. Letter of Authorization signed by the property owner authorizing
Applicant to file the application; or
c. Deed, easement, surface use agreement, or BLM right-of-way
subject to the following:
(1) Memorandum of the applicable instrument that has been
recorded in the County (rather than the actual instrument) if it
recites that the instrument relates to the location of a pipeline
and provides information showing the location of the pipeline;
or
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-2
(2) The actual deed, easement, surface use agreement, or BLM
right-of-way. The Applicant may redact confidential and
proprietary information.
(3) For cases in which the evidence of authority (i.e., deed,
easement, surface use agreement, or BLM right-of-way)
contains conditions, the Applicant shall provide a statement
that it will comply with the terms and conditions of the
applicable instrument.
3. The Applicant may sign the County’s Payment Agreement Form as the
authorized representative.
4. The Applicant should submit all applicable BLM rights-of-way with the
application, but the BLM access agreement may be provided at a later date.
F. Adjacent Properties.
For individual rights-of-way, a diagram showing adjacent properties and the approximate
location of buildings and their uses within a distance of 350 feet of any proposed structure,
facility, or area to be disturbed.
G. Regulatory Permit Requirements.
The permit agency name, permit/action driving task, and the task to be performed to obtain
the permit, prior to issuance of the permit by the County.
H. Primary Project Participants.
The names, address, and phone numbers of the company representative; company and
individual acting as an agent for the company; construction company contacts; and Federal
and State agency contacts.
I. Project Facilities.
Any permanent project facilities such as permanent rights-of-way, widths, meter stations,
valve sets, etc., and any temporary rights-of-way, width during construction, construction
facilities, etc.
J. Construction Schedule.
The estimated start and end dates for construction, days of the week in which construction
will occur, and hours of day during which construction will occur.
K. Sensitive Area Survey.
A Sensitive Area Survey shall be submitted by a qualified professional and shall provide the
type and area of concern within and adjacent to the pipeline right-of-way, including but not
limited to sensitive plant and animal populations and wildlife critical habitat, as such
populations are defined by state and federal referral agencies, and Waterbodies. The
Survey shall provide a method or plan for compliance with protection measures and state
and federal laws as identified by these agencies pertaining to the identified sensitive areas.
This submittal requirement does not apply in previously-disturbed corridors or rights-of-way
and/or areas permitted by the COGCCECMC.
L. Reclamation, Revegetation, and Soil Plan.
A Reclamation, Revegetation and Soil Plan that includes the following information:
1. A plant material list that includes scientific and common names and the
application rate in terms of Pure Live Seed per acre, a planting schedule that
includes timing, methods, and mulching, and a map with a calculation of the
surface area disturbance in acres of the area impacted (where the soil will be
disturbed).
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-3
2. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil
and/or aggregate piles and a plan that provides for soil cover if any
disturbances or stockpiles will sit exposed for a period of 90 days or more.
3. A Weed Management Plan for all Garfield County listed noxious weeds and
State of Colorado listed noxious weeds that are targeted for statewide
eradication. The Plan shall include a site specific map and weed inventory.
A Weed Management Plan is required if an area 1 acre or greater is disturbed
for the purposes of site construction, development or grading but not
including areas serving the long-term function of the site (i.e. building
footprint, road surface or permanent parking areas).
4. A revegetation security may be required if, in the determination of the County
Vegetation Manager, the proposed project has:
a. A potential to facilitate the spread of noxious weeds;
b. A potential to impact watershed areas;
c. A potential for visual impacts from public viewing corridors;
d. Steep Slopes 15% or greater or unstable areas; and/or
e. Disturbs an area 1 acre or greater where topsoil is exposed for the
purposes of site construction, development or grading but does not
comprise the long-term functioning of the site (i.e. building footprint,
road surface or permanent parking areas).
5. The revegetation security will be in an amount to be determined by the
County Vegetation Manager that will be site specific and based on the
amount of disturbance. The security shall be held by the County until
vegetation has been successfully reestablished, or for a period of time
approved by the County Vegetation Manager in any specific land use action,
according to the Reclamation and Revegetation Standards section in the
Garfield County Weed Management Plan. The County Vegetation Manager
will evaluate the reclamation and revegetation prior to the release of the
security. The security shall be subject to all provision of Article 13.
M. Weed Management Plan.
A Weed Management Plan for all Garfield County-listed noxious weeds and State of
Colorado-listed noxious weeds that are targeted for statewide eradication.
N. Emergency Response Plan.
A Fire Protection and Hazardous Materials Spills Plan that specifies planned actions for
possible emergency events, a listing of persons to be notified of an emergency event,
proposed signage, and provisions for access by emergency response teams. The
emergency plan must be acceptable to the appropriate fire district or the County Sheriff, as
appropriate. The plan shall include a provision for the operator to reimburse the appropriate
emergency service provider for costs incurred in connection with emergency response for
the Operator’s activities at the site.
O. Traffic Impact.
For construction traffic that will use a County road, the anticipated types of vehicles, number
of each type, anticipated number of trips per day per each type, County roads to be used,
and the percentage of the construction traffic that will travel on each road.
P. Staging Areas.
The general location of the staging areas required for pipeline construction.
Q. Pressure Testing.
Indicate the quantity of water or other fluid required, legal source of water if utilized, and the
disposition of the water or other fluid after testing.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-4
9-103. REVIEW PROCESS.
A pipeline application shall be reviewed according to the following process:
A. Pre-Application Conference.
A pre-application conference shall be conducted pursuant to section 4-101.A, unless waived
by the Director.
B. Determination of Application Completeness Review.
1. Determination of Application Completeness Review shall be conducted
pursuant to section 4-101.B.
2. Once the application is deemed technically complete, the Director will provide
to the Applicant in writing:
a. The number of copies to be delivered to the County;
b. The date upon which the Director will render a decision; and
c. The notice that the Applicant is required to mail to the Adjacent
Property Owners.
C. Review by Referral Agency.
Review by referral agency shall be conducted pursuant to section 4-101.C. with the following
modifications:
1. Upon the filing of a complete application, the Director shall promptly forward
1 copy to the County Road and Bridge, Vegetation Management, and
Engineering Departments, the Oil and Gas Liaison, the County Sheriff, the
appropriate fire district, and any adjacent municipality for comment.
D. Evaluation by Director/Staff Review.
Evaluation by Director/Staff Review shall be conducted pursuant to section 4-101.D.
E. Notice of Pending Application.
Within 7 days after the application has been determined complete the Applicant shall provide
notification by certified mail to all property owners within 200 feet of the route and a sign
shall be posted on the portions of the route crossing or adjacent to a public road. Both the
notice and the sign shall indicate that an application has been made and provide the phone
number of the Community Development Department where information regarding the
application may be obtained.
F. Decision.
Within 30 days of the date of determination of completeness, the Director may approve,
conditionally approve or deny the application. Within 10 business days, the Director shall
inform the Applicant and the BOCC in writing of the decision.
1. Approve the Application. If the application satisfies all of the applicable
requirements of this Code, the application shall be approved.
2. Conditionally Approve. The application may be approved with conditions
determined necessary for compliance with this Code and may include, but
are not limited to, the relocation or modification of proposed access roads,
facilities, or structures; landscaping, buffering, or screening; posting of
adequate financial guarantees; compliance with specified surface
reclamation measures; or any other measures necessary to mitigate any
significant impact on surrounding properties and public infrastructure.
3. Deny the Application. If the application fails to satisfy the standards of this
Code, and compliance cannot be achieved through reasonable conditions of
approval, the application shall be denied.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-5
4. Failure to make a decision. For an application submitted by a Public Utility
or power authority, failure by the Director to make a determination on the
application within the timelines set forth in C.R.S. § 29-20-108, shall result in
the application being considered approved and the County may process
Applicant’s building, access, or other permits, provided the Applicant builds
the pipeline in compliance with the application.
5. Waiting Period. The Director shall issue a decision on the application to the
Applicant and provide a copy to the BOCC. The decision is not final and no
permit shall be issued for 14 days after the date of the Director’s decision.
6. Unless otherwise approved by the decision-making body, an Applicant has 1
year from the date of approval to satisfy any remaining conditions precedent
to issuance of a Land Use Change Permit.
G. Call-Up.
Pursuant to section 4-112, the BOCC may call up the Director’s decision no later than 10
days after the date of the decision.
H. Applicant’s Right of Appeal of Conditional Approval.
1. Filing an Appeal. In the event that the Director denies or conditionally
approves a pipeline application, the Applicant shall be entitled to appeal the
decision to the BOCC. The Applicant must file an appeal for this purpose
with the Director in writing no later than 10 days after the date of the Director’s
decision.
2. Notice. Applicant shall provide written notice at least 15 days prior to the
Public Hearing to all property owners within 200 feet of the route and a sign
shall be posted on the portions of the route crossing or adjacent to a public
road. Published notice shall be accomplished by putting the hearing on the
BOCC agenda
3. BOCC Review. The BOCC shall review the Director’s decision at a Public
Hearing held as soon as practical after the date the appeal was filed and after
proper notice.
4. Public Hearing. At the Public Hearing the BOCC shall consider evidence
related to the Director’s decision, which may be presented by County staff,
the Applicant, or interested members of the public. The BOCC shall not be
limited in their review to the subject of the appeal and may review any aspect
of the pipeline application. Based upon this evidence, the BOCC may affirm
the Director’s decision, or may approve the application with modified, altered,
deleted, or added conditions. No County building, grading, access, or other
permit shall be issued, or the Applicant otherwise allowed to proceed with the
operation, until the BOCC acts on the Director’s decision at the Public
Hearing.
I. Permit Issuance.
After approval of a Land Use Change Permit for a pipeline and completion of the 14-day
waiting period, the Applicant shall be entitled to have processed any necessary building,
grading, or access permits, or to otherwise proceed with the proposed operation.
J. Completion of Approval.
Upon completion of any pipeline, the Applicant shall submit a statement from a qualified
professional engineer certifying the completion of the project in compliance with the Land
Use Change Permit. A digital copy of the surveyed pipeline as-built will be provided to the
Community Development Department.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-6
K. Amendments.
Amendments to an approved pipeline Land Use Change Permit shall follow the provisions
of section 4-106.
9-104. REVIEW CRITERIA.
An application for a pipeline shall be approved, conditionally approved, or denied in accordance
with the following standards and criteria:
A. Located Along Perimeters.
As a general guide, rights-of-way and any associated facilities shall be located along the
perimeters of surface property ownerships and not within areas of agricultural crop
production. Non perimeter locations will be acceptable if the surface owner agrees and there
is no adverse impact on adjacent properties.
B. Noise Abatement.
1. Any equipment used in construction or operation of a pipeline must comply
with either the COGCCECMC Rules and Regulations in regards to noise
abatement or C.R.S. Article 12 of Title 25, as appropriate for the type of
pipeline.
2. All power sources used in pipeline operations shall have electric motors or
muffled internal combustion engines.
C. Visual Impact.
Pipeline operations shall be located in a manner to minimize their visual impact and
disturbance of the land surface.
D. Access Points to Public Roads.
Access points to public roads shall be reviewed by the County Road and Bridge Department.
All access and oversize or overweight vehicle permits must be obtained from the County
Road and Bridge Department prior to beginning operation. All proposed transportation
rights-of-way to the site shall also be reviewed and approved by the County Road and Bridge
Department to minimize traffic hazards and adverse impacts on public roadways. Existing
roads shall be used to minimize land disturbance unless traffic safety, visual or noise
concerns, or other adverse surface impacts clearly dictate otherwise. Any new roads
created as a result of the pipeline construction, intended to be permanent for maintenance
and repair operations, shall be placed behind a locked gate or other barriers, preventing use
by Recreational Vehicles. Any gates or barriers need to be consistent with the surface
owner’s preferences.
E. Air Contaminant Emissions.
Air contaminant emissions shall be in compliance with the applicable permit and control
provisions of the Colorado Air Pollution Prevention and Control Act, C.R.S., Title 25, Article
7.
F. Water Quality Control Standards.
All operations shall comply with all applicable CDPHE Water Quality Control Standards.
G. Reclamation Plan.
The proposed Reclamation Plan shall provide for a reasonable reclamation schedule in light
of the specific surface use and surrounding land uses, and may require recontouring and
revegetation of the surface to pre-disturbance conditions. The Director may also approve a
plan for an alternative post-disturbance reclamation, provided the surface owner and the
Applicant agree.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-7
H. Removal of Abandoned Pipeline.
Should an abandoned pipeline be removed, it will be subject to the original revegetation and
weed management requirements in the original application.
9-105. ENFORCEMENT
Enforcement, violations, and appeals are subject to all provisions of Article 12.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-8
DIVISION 2. OIL AND GAS CODE
9-201. GENERAL PROVISIONS
A. Title and Short Title.
This Code, and all future amendments, shall be known as the Garfield County Oil and
Gas Code and is also referred to herein as the “Code.”
B. Purpose and Intent.
Formatted: Tab stops: 0.75", List tab
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-9
Garfield County’s socio-economic well-being, safety, welfare, and culture relies
significantly on the effective management and continuation of local oil and gas
production. Mineral extraction is a significant source of revenue, funding essential
services for local governments and special districts. Given the importance of oil and gas
development and a safe, healthy, and clean environment to our communities, Garfield
County has developed Oil and Gas Permit regulations to review and make siting
decisions for oil and gas locations that allow responsible development of oil and gas
resources in a manner that protects public health, safety and welfare and the
environment and wildlife resources.
Garfield County Oil and Gas Permit regulations:
(1) are reasonable and necessary to protect public health, safety and welfare and the
environment and wildlife resources;
(2) allow Garfield County to exercise the authority expressly granted by Senate Bill 19-
181 to regulate siting and surface impacts of oil and gas locations and facilities;
(3) are not unduly burdensome to the regulated community;
(4) clearly state what an operator must do to comply with local government
regulations; and
(5) can be implemented efficiently and effectively in coordination with state and federal
permitting processes.
C. Authority.
It is the intention of the Board of County Commissioners in adopting the Garfield County
Oil and Gas Code to fully exercise all relevant powers confirmed by the Constitution and
laws of the State of Colorado including but not limited to:
1. Colorado Constitution.
All of the powers reserved to the County by the Colorado Constitution.
2. State Enabling Legislation.
All of the powers granted to the County by:
a. Title 16, Article 13, Part 3, C.R.S ., Restraint and Abatement of Nuisance;
b. Title 29, Article 20, C.R.S., Local Government Land Use Control Enabling Act;
c. Title 30, Article 11, C.R.S., County Powers and Functions;
d. Title 30, Article 15, C.R.S., County Regulations Under Police Powers;
e. Title 30, Article 28, C.R.S., County Planning Act;
f. Title 43, Article 2, C.R.S., State, County and Municipal Roads.
3. Recognition of Local Government Authority.
a. Title 34, Article 60, at 105(1)(b)(V), C.R.S., Powers of Commission;
b. Title 34, Article 60, Part 131, C.R.S., Powers of Commission.
D. Jurisdiction.
This Code shall apply to all land within the unincorporated areas of Garfield County.
E. Adoption of Colorado Oil and Gas Conservation CommissionColorado
Energy and Carbon Management Commission (COGCCECMC) Rule 423,
NOISE, and Rule 424, LIGHT, by Reference.
1. COGCCECMC Rule 423, NOISE.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-10
Garfield County hereby adopts COGCCECMC Rule 423, NOISE, as it may be
amended. The Community Development Director will determine the appropriate
land use designation based on existing land uses within 2,000 feet of the proposed
Oil and Gas Location. A copy of COGCCECMC Rule 423, NOISE, as of the date of
the adoption of this Code, is incorporated herein as Appendix A. An applicant may
seek a variance from or modification to the noise requirements pursuant to Section
9-204 of the Code.
2. COGCCECMC Rule 424, LIGHTING.
Garfield County hereby adopts COGCCECMC Rule 424, LIGHTING, as it may be
amended. The Community Development Director will determine the appropriate
land use designation based on existing land uses within 2,000 feet of the
proposed Oil and Gas Location. A copy of COGCCECMC Rule 424, LIGHTING,
as of the date of the adoption of this Code, is incorporated herein as Appendix B.
An applicant may seek a variance from or modification to the lighting requirements
pursuant to Section 9-204 of the Code.
F. Applicability.
This Code shall apply only to an Oil and Gas Location or an Oil and Gas Facility, whether
existing or proposed:
1. For which the COGCCECMC will require the Applicant to conduct an Alternative
Location Analysis pursuant to COGCCECMC Rule 304.b(2) B.i. through viii. and x.;
2. For which the Applicant is requesting a variance pursuant to COGCCECMC Rule
502, VARIANCES, from the requirements of COGCCECMC Rule 423, NOISE or
COGCCECMC Rule 424, LIGHTING, or is requesting a noise level higher than
otherwise allowed under COGCCECMC Table 423-1 pursuant to COGCCECMCC
Rule 423.b (3) B; or
3. For any change to an Oil and Gas Location that required an Alternative Location
Analysis and will require the Applicant to submit a new or amended Form 2A to the
COGCCECMC.
G. Oil and Gas Permits.
No person shall engage in, cause, allow, or conduct any Oil and Gas Operation at
any Oil and Gas Location or Oil and Gas Facility, or substantially modify an
existing Oil and Gas Location or Oil and Gas Facility, subject to this Code prior to
obtaining a Garfield County Oil and Gas Permit as required by this Code.
H. Term of Oil and Gas Permit.
An Oil and Gas Permit issued pursuant to this Code shall expire when the applicable Oil
and Gas Development Plan or the applicable Form 2A, approved by the COGCCECMC
expires pursuant to COGCCECMC Rule 311, EXPIRATION.
9-202. DEFINITIONS.
A. Colorado Oil and Gas Conservation CommissionColorado Energy and
Carbon Management Commission Definitions.
Words, phrases, or acronyms in this Code shall have the definitions as those words and
phrases or acronyms are defined in the COGCCECMC Rules and Regulations, 100
Series, as that 100 Series may be amended. If a word, phrase, or acronym is not defined
in the COGCCECMC Rules and Regulations, it shall be defined pursuant to this Code.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-11
B. Acronyms.
For the purposes of this Code, the following acronyms are defined as follows.
AQCC Colorado Department of Public Health and Environment, Air Quality Control
Commission
CDPHE The Colorado Department of Public Health and Environment
COFCC The Colorado Oil & Gas Conservation Commission
DRMS The Colorado Division of Reclamation, Mining, and Safety
LUDC The Garfield Land Use and Development Code, adopted 2013, as amended
C. Additional Definitions.
Ambient Noise Level. The all-encompassing noise level associated with a given
environment, being a composite of sounds from all sources at the location, constituting the
normal and existing level of environmental noise at a given location.
Decibel (dB). A unit for measuring the intensity of a sound by comparing it with a given
value on a logarithmic scale.
Degradation or Degrade. Lowering in grade or desirability; lessening in quality. The act
or process of degrading.
Director. The Garfield County Community Development Director.
Expansive Soils and Rocks. Any mineral, clay, rock or other type of geologic deposit
having the property of absorbing water with an accompanying swelling to 10% or more of
their original volume.
Garfield County Oil and Gas Permit. A permit issued in compliance with this code.
Geologic Hazard Area. An area which contains or is directly affected by a geologic
hazard.
Leak. A hole in a container or covering through which contents, especially liquid or gas,
may accidentally pass.
Mitigation. The following actions, in order of preference:
1. Avoiding adverse impacts. Avoiding an adverse impact by not taking a certain
action or parts of an action; or
2. Minimizing adverse impacts. Minimizing adverse impacts to protect public health,
safety, and welfare and the environment, and mitigating the extent and severity of
those impacts that cannot be avoided; or
3. Rectifying impacts. Repairing, rehabilitating, or restoring the impacted area, facility,
or service; or
4. Reducing or eliminating impacts. Reducing or eliminating the impact over time by
preservation and maintenance operations; and
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-12
5. Other provisions for addressing impacts. Replacing or providing equivalent
biological, social, environmental, and physical conditions, or a combination thereof.
Oil and Gas Facility. Equipment or improvements used or installed at an oil and gas
location for the exploration, production, withdrawal, treatment, or processing of crude oil,
condensate, exploration and production waste, or gas.
Oil and Gas Location. A definable area where an operator has disturbed or intends to
disturb the land surface in order to locate an oil and gas facility.
Oil and Gas Operations. Exploring for oil and gas, including conduction of seismic
operations and the drilling of test bores; siting, drilling, deepening, recompleting,
reworking, or abandoning a well; producing operations related to any well, including
installing flowlines; the generating, transporting, storing, treating, or disposing exploration
and production wastes; and any constructing, site preparing, or reclaiming activities
associated with such operations.
Seismic Effects. Direct and indirect effects caused by a natural earthquake or a man-
made phenomenon including but not limited to exploration and test drilling.
9-203. PRE-APPLICATION PROCESS FOR NEW OR MODIFIED OIL & GAS OPERATION.
A. Request for Pre-Application Conference.
The Applicant shall request, in writing, a pre-application conference through the Community
Development Department. It is the intent of the County that the Applicant is responsible for
initiating the County pre-application process before the Applicant initiates with the
COGCCECMC an application for the same matter, and sufficiently early that the County
has time to complete its entire review process prior to the COGCCECMC making its own
determination.
B. Pre-Application Materials.
The Applicant shall submit contemporaneously with its written request for a pre-application
conference the following:
1. Alternative Location Analysis if required by the COGCCECMC. If the
COGCCECMC will require an alternative location analysis, the Applicant shall identify
the following items, in a written narrative and on a topographic map or maps of
sufficient detail to accurately convey the concept, character, location, proposed
mineral development, including:
a. The proposed area of mineral development;
b. The information required by COGCCECMC Rule 304.b.(2) C;
c. Each Federal, State or local government designated park or open space partially or
wholly located within the proposed area of mineral development;
d. Each known area containing environmental contamination partially or wholly
located within the proposed area of mineral development (as identified on
COGCCECMC, DRMS and/or CDPHE databases);
e. Each public road right of way;
f. All materials submitted to Garfield County are considered part of the public record.
However, if an applicant requests that any required documentation is confidential,
a written request from the applicant’s attorney describing the confidentiality shall be
submitted with the pre-application materials. This attorney confidentiality request
will be directed to the County Attorney's Office for review.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-13
2. When A Variance is Sought from COGCCECMC Noise or Light Requirements.
If an Alternative Location Analysis is not required by the COGCCECMC for the
location for which a variance from COGCCECMC’s noise or light standards, or a
modification of the maximum permissible noise level allowed by COGCCECMC
Rule 423.b.(3) B is sought, the Applicant shall provide a narrative explaining the
rationale for the variance or modification and what other options were considered
by the Applicant.
C. Scheduling and Conduction a Pre-Application Conference.
Within 10 business days of receiving the Applicant’s written request and required
application materials for a pre-application conference, the Director shall schedule
the conference and inform the applicant in writing of the date, time and place of the
conference. Garfield County reserves the opportunity to invite to the pre-application
conference a representative of the COGCCECMC or other agency identified by the
Director. The Director, or Director’s designee, shall conduct the pre-application
conference.
D. Applicant Shall Schedule, Notice, and Conduct a Neighborhood Meeting.
After the pre-application conference, and prior to submitting an application for a
Garfield County Oil and Gas Permit, the Applicant shall schedule and notice a
neighborhood meeting in Garfield County. The Applicant shall provide mailed
notice of the neighborhood meeting to the owners and tenants of all property within
2,000 feet of the proposed Working Pad Surface of the location identified pursuant
to Section 9-204.B. below, any of whom may participate in the meeting. The
identity of owners shall be complied by using the most recent record of property
owners on file with the County Assessor. Notice to tenants can be accomplished
by sending notice to “current resident” at the address of the property. At the
neighborhood meeting, the Applicant shall provide an overview of its proposed
request for an alternative location analysis or variance or modification from the
noise or lighting requirements of this Code and allow those in attendance to
provide input as to the pertinent proposed request, including, but not limited to,
issues that arise from application of this Code to the pertinent proposed request,
and suggested mitigation to adequately ensure compliance with this Code.
The Applicant shall make an audio recording and a written summary of the
neighborhood meeting and provide a copy of that recording and summary to the
Director to become part of the record to be considered by the Board of County
Commissioners.
E. Staff Comments/Written Summary.
Within 20 business days of the pre-application conference, the Director shall
provide to the Applicant a written summary of the pre-application conference. Any
comments (written or oral) made by County staff are preliminary in nature and not
binding. The summary will provide a preliminary list of submittal requirements to be
included with the application, if any, in addition to those required by below. All
applications for an Alternative Location Analysis or variance or modification for
noise or light requirements of this Code will be treated as a Limited Impact Review,
and in addition to the notices and processes required by this Code, shall be subject
to the review procedures identified in the Garfield County Land Use Development
Code (LUDC), Table 4-102: Common Review Procedures and Required Notice.
For applications that seek a modification of an existing Oil and Gas Facility with a
Garfield County Oil and Gas Permit, or an existing or new Oil and Gas Facility
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-14
without a Garfield County permit, for which COGCCECMC will require a new Form
2A or an Alternative Location Analysis or for which the Operator will seek a
variance from COGCCECMC’s noise or light standards, the Director will inform the
applicant if the request constitutes:
1. A substantial modification that will require further Garfield County review.
2. A minor modification that does not require further Garfield County review.
Minor modifications are those that:
1. Do not require submittal of a COGCCECMC Form 2A and or Alternative
Location Analysis; and
2. Comply with all of the requirements of this Code;
3. Do not conflict with the Comprehensive Plan;
4. Do not change the character of the development;
5. Do not alter the basic relationship of the development to adjacent property;
and
6. Do not change the uses permitted; and
7. Do not require the amendment or abandonment of any easements of rights
of way.
A substantial modification is any requested change that is not a minor modification.
The characterization of the modification is subject to the call up provisions of the
LUDC at Section 4-112.
If after receiving all necessary information, the Director determines that the
proposed modification is not a substantial modification, the Director will provide the
Applicant with a Director’s Determination and no further action is required.
9-204. APPLICATION MATERIALS FOR AN OIL & GAS PERMIT.
A. Written Application Required.
Any application for an Oil and Gas Permit shall be made in writing to the Director.
The Director may waive one or more of these application materials when they are
not relevant to either the application or review of it.
B. Additional Information Required.
In addition to the information required by Section 9-203.B., the application shall
contain:
1. Submittals for All Applications.
a. The Applicant’s name and email address. The applicant shall be either the
owner of the subject real property, or a person or entity with a written,
executed Statement of Authority and Authorization to represent the owner;
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-15
b. Identification of the type of application submitted;
c. Vicinity Map showing the location of the proposed Oil and Gas Operation
(including Township/Range/Section, and nearby public roads).
d. The name and contact information (including email), for an operator or
applicant representative designated to receive and respond to questions;
e. A topographic map showing the location of the proposed operation
including:
Well pads, tanks, roads, pipelines, gathering systems, topography,
all public roads that provide access to or traverse the proposed Oil
and Gas Operation;
Recorded easements that provide access to or traverse the
proposed operation;
Municipal and subdivision boundaries within two thousand (2000)
feet of the proposed Working Pad Surface;
Residences and occupied buildings within two thousand (2000) feet
of the proposed Working Pad Surface;
Designated Outside Activity Areas, as defined by COGCCECMC,
within two thousand (2000) feet of the proposed Working Pad
Surface;
Location of all other Oil and Gas Operations within two thousand
(2000) feet of the proposed Working Pad Surface;
Water bodies within two thousand six hundred fifty (2650) feet of the
proposed Working Pad Surface.
f. A summary of the legal and factual grounds for the variance or alternative
location analysis being sought.
g. Evidence of liability insurance as required by this Code;
h. A report, study, or plan that assesses the impacts to public health, safety,
welfare, wildlife and the environment of the alternative location or the
variance requested, and proposed best management practices or
mitigation. In addition to the materials required for the pre-application
conference, the report shall address these subjects:
Sources of electricity that will be supplied and used during all
phases of the Oil and Gas Operation;
Noise mitigation techniques;
Light mitigation techniques;
Wildlife and wildlife habitat assessment and mitigation;
Potential impacts on County services and facilities.
i. Any additional information requested by Garfield County.
j. All applications shall be executed by a person with authority to do so on
behalf of the applicant, and the contents thereof will be verified in writing by
a qualified professional with sufficient knowledge to confirm the data
contained herein.
k. Fees. Each application will be accompanied by an application Fee. A
schedule of fees is available through the Community Development
Department.
2. Additional Application Materials for an Oil and Gas Permit That Requires
Alternative Location Analysis, or Requests a Substantial Modification to an
Approved Oil and Gas Location.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-16
In addition to the information required in subsection 9-204.B.1. above, the
Applicant shall provide a narrative detailing all potential alternate locations from
which the targeted minerals can be accessed and the Applicant’s analysis of why
the Applicant chose its preferred site. The Applicant shall also provide, only
regarding its preferred site, the following:
a. All of the information required by COGCCECMC Rule 304.b.(2) (C.) and
Rule 304.b. (3) through (15) inclusive, except NOT Rule 304.b. (7)(D)
(Preliminary Flow Diagrams) and (7)(H) (Directional Well Plat).
b. All of the information required by COGCCECMC Rule 304.c. except NOT
(c)(10)(Hydrogen Sulfide Drilling Operations Plan), (c)(12)(Gap Capture
Plan), and (c)(13) (Fluid Leak Detection Plan).
c. A traffic study as identified in the Garfield County Land Use Development
Code, Table 4-201.
3. Additional Application Materials for an Oil and Gas Permit When a Variance
from Noise or Lighting Requirements is Requested.
4.
The Applicant shall provide as applicable:
a. The “noise mitigation plan” required by COGCCECMC Rule 423.a.;
b. The “preliminary plan” required by COGCCECMC Rule 423.b. identifying
how the Operator will conduct background ambient noise surveys to
establish baseline conditions, on the site for both A-scale and C-scale
noise; and/or
c. The “light mitigation plan” required by COGCCECMC Rule 424.a.
In addition, the applicant shall provide a written analysis of the impact of the
proposed variance or modification and documentation of how the variance will
satisfy the standards of approval for a variance set forth in Section 9-205.B. below.
The plans and analysis shall identify, as applicable, the intensity of the lumens or
decibels, and the location of all light(s) or decibels over the adopted requirements.
9-205. STANDARDS OF APPROVAL.
A. Standard of Approval of an Application That is the Subject of an Alternative
Location Analysis.
In determining whether an application which is the subject of an alternative location
analysis is to be denied, approved, or approved with conditions, the Board of
County Commissioners shall consider without limitation:
1. The distances required, respectively, in COGCCECMC Rule 304.b.(2).B.i., ii., iii.,
iv., vi. bb., and x., and
2. The site specific conditions identified, respectively, in COGCCECMC Rule
304.b.(2).B.v., vi.aa., vii., and viii.
The Board of County Commissioners may approve the Applicant’s proposed
location if, based on the totality of circumstances including any necessary and
reasonable conditions of approval required by the County, the Board of County
Commissioners determines the proposed location to be protective of public health,
safety, welfare, the environment, and wildlife resources.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-17
B. Standard of Approval for Variance from or Modification to Noise and Lighting
Requirements.
The Board of County Commissioners may approve a variance from or modification
to Garfield County noise or lighting requirements if, based on data and analysis,
the Board of County Commissioners finds that:
1. The Applicant has made a good faith effort to comply, or is unable to comply, with
the specific requirements contained in the applicable rule or order from which it
seeks a variance or modification;
2. Granting the variance or modification will result in no unacceptable impact to public
health, safety, welfare, the environment, or wildlife resources; and
3. The requested variance or modification contains reasonable conditions of approval
or other mitigation measures, in priority order to avoid, minimize, rectify, or mitigate
adverse impacts to public health, safety, welfare, the environment, and wildlife
resources.
9-206. REVIEW BY REFERRAL AGENCY.
Each application subject to this Code shall be referred to an agency consistent with the
requirements of the Garfield County Land Use Development Code, Article 4, Section 4-
101.c. review by referral agency.
9-207. EVALUATION BY DIRECTOR/ STAFF.
The Director shall review the application consistent with the requirements of the Garfield
County Land Use and Development Code, Article 4, Section 4-101.D. Evaluation by
Director/Staff Review.
9-208. NOTICE OF PUBLIC HEARING.
With the exception of minor modifications, a public hearing by the Board of County
Commissioners is required for all applications subject to this Code, and the Applicant shall
notice that public hearing consistent with the requirements of the LUDC, Article 4, E.,
EXCEPT, that in addition, the following persons and entities also shall be so notified.
1. The Owners and tenants of property within 2,000 feet of the Working Pad Surface.
The identity of Owners shall be compiled by using the most recent record of
property owners on file with the County Assessor. Notice to tenants can be
accomplished by sending the notice to “current resident” at the address of the
property.
2. The Local Government Designee of any municipality or County within one (1) mile
of the site pertinent to the application.
3. The Director of the COGCCECMC.
4. Additional persons or entities that the Garfield County Community Development
Director or the Garfield Board of County Commissioners may designate.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-18
9-209. CONDUCT OF HEARING AND DECISION BY THE BOARD OF COUNTY
COMMISSIONERS.
The public hearing shall be conducted, and decision made, by the Board of County
Commissioners consistent with the requirements of the LUDC, Article 4: Application and
Review Procedures.
9-210. FINANCIAL GUARANTEE.
If required by the Board of County Commissioners, the Applicant shall fulfill the
requirements of the LUDC, Article 13: Financial Guarantee.
9-211. INSURANCE.
All operators shall maintain general liability insurance coverage covering the operator,
employees and contracted third parties, for property damage, environmental damage, and
injury to third parties in the minimum amount of two million dollars ($2,000,000) per
occurrence. Such policies shall include the Board of County Commissioners as an
“additional insured.” The existence of this insurance is not, and shall not be, construed to
be a waiver by Garfield County of governmental immunity.
9-212. ENFORCEMENT.
The Board of County Commissioners reserves the right to enforce this Code using the
statutory and regulatory remedies available for enforcing any County regulation or land
use decision.
9-213. SETBACKS FROM EXISTING OIL & GAS WELLS, OIL AND GAS FACILITIES, OR
ABANDONED WELLS.
A. No building unit intended for human occupancy shall be constructed within five
hundred feet (500) or less from an existing oil and gas well and/or above ground oil
and gas facilities.
B. No school or childcare center building, structure or playfield or park shall be
constructed within two thousand (2000) feet or less from an existing well and/or
associated above ground oil and gas facilities.
C.A. The setbacks in section a. and b. of this section are subject to the waiver
provisions pursuant to Article 4-118 (b and c).
D.C. No subdivision plat shall be approved with any lot lines that are within three-
hundred and fifty feet (350) or less from existing wells and/or associated above
ground oil and gas facilities.
E.D. All subdivisions lots platted after the effective date of this code with any lot line that
is closer than two thousand feet (2000) feet of an existing well or above ground oil
and gas facility, and/or oil and gas pipelines shall contain a plat note and require a
notice to be recorded against the title of the location of such oil and gas facilities.
E. No building intended for human occupancy shall be located closer than twenty-
fiveone hundred and fifty (25’150’) feet to a well abandoned and reclaimed in
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-19
accordance with COGCCECMC regulations.
F. The setbacks in section a. and b. of this section are subject to the waiver
provisions pursuant to Article 4-118 (b and c).
F.
Formatted: Indent: Left: 1", No bullets or numbering
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-20
APPENDIX A: COGCCECMC RULE 423, NOISE.
423. NOISE
a. Operators will submit a noise mitigation plan that demonstrates one or more
proposed methods of meeting the maximum permissible noise levels described by
this Rule 423 as an attachment to their Form 2As, as required by Rule 304.c.{2).
An Operator may submit substantially equivalent information or plans developed
through a Local Government land use process or federal process in lieu of the
information required by this Rule 423.a unless the Director or Commission
determines that the information or plan developed through the Local Government
land use process or federal process is not equivalent. The noise mitigation plan will
include at least the following information:
(1) An explanation of how the Operator will comply with the maximum
permissible noise levels specified in Rule 423.b.(1).This is to include a
description of methods to design acoustical mitigation measures or
choose/site equipment appropriately such that the Operator has a
reasonable expectation of compliance.
(2) Estimated duration of each stage of operation, including drilling , completion,
Flowback, production, and an estimate of the noise levels of each stage of
operation;
(3) Reference to topographical considerations of noise and noise propagation at
the proposed Oil and Gas Location;
(4) Description of Best Management Practices and best engineering practices
for measuring and mitigating noise levels and an implementation schedule
for such technology.
(5) For proposed Oil and Gas Locations with a Working Pad Surface within
2,000 feet of one or more Residential Building Units, at least one, and no
more than six noise points of compliance where monitors will be located.
Operators will identify noise points of compliance using the following criteria:
A. Provide one noise point of compliance in each direction in which a
Residential Building Unit is located within 2,000 feet of the
proposed Working Pad Surface.
B. Noise points of compliance will be located at least 350 feet from the
Working Pad Surface, and no less than 25 feet from the exterior
wall of the Residential Building Unit that is closest to the Working
Pad Surface. If a Surface Owner or tenant refuses to provide the
Operator with access to install a noise monitor, then the noise point
of compliance will be located at either the next-closest Residential
Building Unit or an alternative location approximately the same
distance and direction from the Working Pad Surface.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-21
b. A preliminary plan for how the Operator will conduct background ambient noise
surveys to establish baseline conditions for noise levels on the site, for both A-
scale and C-scale noise. The Director may require as a condition of approval on
the Form 2A that the Operator conduct the background ambient noise survey
between 30 and 90 days prior to start of construction and update the plan
accordingly based on the results. Operators will conduct baseline noise surveys at
the noise points of compliance identified pursuant to Rule 423.a.(5). When an
Operator conducts a background ambient survey the Operator will follow the same
approach as outlined in Rule 423.c.(7) and over a 72-hour period, including at least
24 hours between 10:00 p.m. on a Friday and 4:00 a.m. on a Monday. Operators
will record any significant weather events and take those events into account when
establishing the baseline. A single cumulative daytime ambient noise level and a
single cumulative nighttime ambient noise level will be established by taking the
logarithmic average of all daytime or nighttime 1-hour Leq values measured and in
accordance with the sound level data collection requirements pursuant to the
maximum permissible noise levels.
(1) All Oil and Gas Operations will comply with the following maximum
permissible noise levels in Table 423-1 unless otherwise required by Rule
423. The Director may require Operators to comply with a lower maximum
permissible noise level based on the consultation process with Relevant and
Proximate Local Governments, CDPHE, or CPW pursuant to Rules 302.g,
309.e, & 309.f
Table 423-1 - Maximum Permissible Noise Levels
LAND USE DESIGNATION 7:00 am to next 7:00 pm 7:00 pm to next 7:00 am
Residential/Rural/State Parks & 55 db(A) 50 db(A)
State Wildlife Areas
Commercial/Agricultural 60 db(A) 55 db(A)
Light Industrial 70 db(A) 65 db(A)
Industrial 80 db(A) 75 db(A)
All Zones 60 dc(C) 60 dc(C)
(2) Unless otherwise required by Rule 423, drilling, or completion operations,
including Flow back:
A. In Residential/Rural or Commercial/Agricultural, maximum
permissible noise levels will be 60 db(A) in the hours between 7:00
p.m. to 7:00 a.m. and 65 db(A) in the hours between 7:00 a.m. to
7:00 p.m.; and
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-22
B. In all zones maximum permissible noise levels will be 65 db(C) in the
hours between 7:00 p.m. to 7:00 a.m. and 65 db(C) in the hours
between 7:00 a.m. to 7:00 p.m.
(3) The basis for determining land use designation pursuant to Table 423-1 will
be the Relevant Local Government's land use or zoning designation. The
Director may consult with a Relevant or Proximate Local Government to
identify the type of land use of the Oil and Gas Location and its surrounding
area, taking into consideration any applicable zoning or other local land use
designation.
A. To protect public health, safety, and welfare, the Director may require
Operators to comply with a lower maximum permissible noise level in
areas zoned industrial, light industrial, or commercial, if the Oil and
Gas Facility will be within 2,000 feet of a Residential Building Unit or
High Occupancy Building Unit.
B. In a noise mitigation plan submitted pursuant to Rule 423.a, an
Operator may request a higher maximum permissible noise level
than would otherwise be allowed by Table 423-1, if the Operator
demonstrates that both the Relevant and any Proximate Local
Governments agree to the higher maximum permissible noise level.
The Director may apply that higher maximum permissible noise level
as long as the requested level is protective of public health, safety,
and welfare, and wildlife.
(4) When operating in High Priority Habitat, Operators will consult CPW and, on
federal lands, the Bureau of Land Management, or United States Fish and
Wildlife Service, to determine the acceptable noise limits and monitoring
protocols.
(5) Operators may exceed the noise levels in Table 423-1 as measured at the
nearest noise point of compliance if all affected Surface Owners and tenants
agree in writing to the higher noise limit requested by the Operator.
(6) Unless otherwise required by Rule 423.b.(7), during the hours between 7:00
a.m. and the next 7:00 p.m. the maximum permissible noise levels listed in
Table 423-1 may be increased 10 dB(A) for a period not to exceed 15
minutes in any 1-hour period. The increase is permissible only for a 1-hour
period during any 12 hours.
(7) Operators will reduce periodic, impulsive, or shrill noise by 5 dB(A) below the
levels in Table 423-1. For periodic, shrill, and impulsive noise within' 1000
feet of a Residential Building Unit, Operators will minimize noise that can be
readily eliminated through maintenance, equipment modification, or other
readily, available procedures.
(8) Pursuant to Commission inspection or upon receiving a complaint from a
Local Government, or a Surface Owner or tenant of a property within 2,000
feet of an Oil and Gas Facility regarding noise related to Oil and Gas
Operations, the Commission will conduct an onsite investigation and take
sound measurements using the methods prescribed for Operators in Rule
423.c.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-23
c. To demonstrate compliance with Tables 423-1 and 423-2 Operators will measure
sound levels according to the following standards:
(1) During pre-production activities and ongoing operations lasting longer than
24 consecutive hours such as drilling, completion, recompletion. Stimulation,
and Well maintenance, in areas zoned residential or within 2,000 feet of a
Building Unit, Operators will take continuous sound measurements from
each noise point of compliance designated pursuant to Rule 423.a .(5}.
(2) Monitoring Procedures.
A. In response to a complaint or at the Director's request, Operators will
measure sound levels at 25 feet from the complainant's occupied
structure towards the noise source for low frequency (dbC) indicated
issues. For high frequency (dbA) measurement will be at the nearest
point of compliance. For equipment installed at Oil and Gas
Locations subject to a Form 2A approved prior to January 15, 2021,
after the Commencement of Production Operations, no single piece
of equipment will exceed the maximum permissible noise levels listed
in Table 423- 1 as measured at a point 350 feet from the equipment
generating the noise in the direction from which the complaint was
received.
B. In situations where measurement of noise is unrepresentative due to
topography or any other issue, Operators or the Commission may
take the measurement at the nearest noise point of compliance, or at
a different distance and extrapolate it to 25 feet from the
complainant's residence (dbC) or the complainant's property line
(dbA) using the following formula:
db(A) distance 2 = db(A) distance 1 - 20 x log 10
(distance 2/distance 1)
db(C) distance 2 = db(C) distance 1 - 20 x log 10
(distance 2/distance 1)
(3) Operators will equip sound level meters with wind screens that are in
good working order and will take readings when the wind velocity at
the time and place of measurement is not more than 5 miles per hour.
In determining an Oil and Gas Operation's contribution to sound
levels. The Director will consider wind readings that exceed 5 mph.
(4) Operators will take sound level measurements 5 feet above ground
level.
(5) Operators will determine sound levels by averaging logarithmic
minute-by-minute measurements made over a minimum 1-hour
sample duration.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-24
(6) All measurements will be reported using LeqA (fast) and LeqC (slow).
Meters will be field calibrated pre-survey and post survey. Continuous
surveys will be field calibrated pre-survey and post survey and
pursuant to the manufacturer's recommended interval. All survey
equipment will be inspected at time of calibration for compliance with
the Commission's Rules.
(7) Operators will take samples under conditions that are representative
of the noise experienced by the complainant (e.g., at night, morning,
evening, or during special weather conditions).
(8) If a Building Unit, High Occupancy Building Unit, High Priority Habitat,
or Designated Outside Activity Area is built or designated after an Oil
and Gas Development Plan or Form 2A is approved, the Operator of
the Oil and Gas Location need not comply with Rule 423.c with
respect to the newly built or designated Building Unit, High
Occupancy Building Unit, High Priority Habitat, or Designated Outside
Activity Area.
(9) Operators will maintain records to demonstrate compliance with this
Rule 423.c, and will submit the records to the Director upon request.
d. Cumulative Noise. All noise measurements will be cumulative.
(1) Noise measurements taken at noise points of compliance designated
pursuant to Rule 423.a.(5) will take into account ambient noise, rather
than solely the incremental increase of noise from the facility targeted
for measurement.
(2) At new or substantially modified Oil and Gas Locations where ambient
noise levels at noise points of compliance designated pursuant to
Rule 423.a.(5) already exceed the noise thresholds identified in Table
423-1, then Operators will be considered in compliance with Rule 423,
unless at any time their individual noise contribution, measured
pursuant to Rule 423.c, increases noise above ambient levels by
greater than 5 dBC and 5 dBA between 7:00 p.m. and 7:00 a.m. or 7
dBC and 7 dBA between 7:00 a.m. and 7:00 p.m. This Rule 423.d.(2)
does not allow Operators to increase noise above the maximum
cumulative noise thresholds specified in Table 423-2 after the
Commencement of Production Operations.
(3) After the Commencement of Production Operations, if ambient noise
levels already exceed the maximum permissible noise thresholds
identified in Table 423-1, under no circumstances will new Oil and
Gas Operations or a significant modification to an existing Oil and Gas
Operations raise cumulative ambient noise above:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-25
Table 423-2 - Maximum Cumulative Noise Levels
LAND USE 7:00 am to next 7:00 pm 7:00 pm to next 7:00 am
Residential/Rural/
State Parks/State 65 db(A) 60 db(A)
Wildlife Areas
Commercial/
Agricultural 70 db(A) 65 db(A)
Light Industrial 80 db(A) 75 db(A)
Industrial 90 db(A) 85 db(A)
All Zones 75 db(C) 70 db(C)
e. If Oil and Gas Operations result in persistent noise that adversely impacts public
welfare, the Director may require the Operator to take action pursuant to Rule
901.a.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-26
APPENDIX B: COGCCECMC RULE 424, LIGHTING.
424. LIGHTING
a. Operators will submit a light mitigation plan as an attachment to their Form 2As,
pursuant to Rule 304.c.(3). An Operator may submit substantially equivalent
information or plans developed through a Local Government land use process or
federal process in lieu of the information required by this Rule 424.a unless the
Director or Commission determines that the information or plan developed through
the Local Government land use process or federal process is not equivalent.
(1) All light mitigation plans will be signed by a person with relevant
expertise in light mitigation techniques and design.
(2) All light mitigation plans will address:
A. A pre-production facility lighting plan demonstrating one or more
proposed methods of ensuring compliance with Rule 424.c, and:
i. That provides adequate lighting to ensure safety during active
operations involving personnel; and
ii. The proposed anticipated location, mounting, height, and
orientation of all outdoor lighting fixtures on the site during pre-
production activities.
iii. Nothing in this Rule 424.a.(2).A prevents an Operator from
using ad hoc temporary portable lighting when necessary for
safety reasons during pre-production activities, provided that the
Operator otherwise complies with the standards in Rules 424.b-
f.
B. A Production Facility lighting plan demonstrating one or more
proposed methods of ensuring compliance with Rules 424.d & e,
and:
i. The location, mounting, height, and orientation of all outdoor
lighting fixtures on the site;
ii. A table that calculates the total lumen output of all fixtures
combined; and
iii. Cut sheets of light fixtures that demonstrate Backlight,
Uptight, and Glare ("BUG") rating, lumen output, and fully
shielded design; and
iv. For any location with a Building Unit within 2,000 feet, a
photometric plan estimating or calculating the illuminance,
measured in lux, 100 feet outside the facility boundary;
C. The Operator's capability of meeting all requirements of this Rule 424
through one or more proposed methods;
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-27
D. The location of the resources and receptors listed in Rules 424.c & d;
and
E. Square footage of the Working Pad Surface for purposes of
demonstrating compliance with Rule 424.d.(2).
b. Lighting Standards.
(1) Operators will direct site lighting downward and inward, such that no
light shines above a horizontal plane passing through the center point
light source.
(2) Operators will use appropriate technology within fixtures that obscures,
blocks, or diffuses the light to reduce light intensity outside the
boundaries of the Oil and Gas Facility.
(3) Operators will use Best Management Practices to minimize light
pollution and obtrusive lighting, which may include, but are not limited
to:
A. Minimizing lighting when not needed using timers or motion sensors;
B. Using full cut-off lighting;
C. Using lighting colors that reduce light intensity; and
D. Using low-glare or no-glare lighting.
c. Pre-Production Facility Lighting.
(1) At all Oil and Gas Facilities with active operations involving personnel,
Operators will provide sufficient on-site lighting to ensure the safety of all
persons on or near the site.
(2) If the facility has a noise barrier, Operators will locate the facility lighting
beneath the noise barrier, except for drilling rig lights, which will be
shielded and pursuant to Federal Aviation Administration permit
requirements if applicable. Operators will take precautions to ensure that
lights do not shine out of openings in the noise barrier.
(3) Prior to the Commencement ꞏof Production Operations, Operators will
take all necessary and reasonable precautions to ensure that lighting
from Oil and Gas Facilities does not unnecessarily impact the health,
safety, and welfare of any of the following:
A. Persons occupying Building Units within 2,000 feet of the Oil and Gas
Facility;
B. Motorists on roads within 2,000 feet of the Oil and Gas Facility; and
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-28
C. Wildlife occupying any High Priority Habitat within 2,000 feet of the Oil
and Gas Facility.
d. Production Phase Facility Lighting When Personnel Are On-Site.
(1) After the Commencement of Production Operations, at all Oil and Gas
Facilities with active operations involving personnel, Operators will
provide sufficient on-site lighting to ensure the safety of all persons on or
near the site.
(2) After the Commencement of Production Operations, when active
operations involving personnel are occurring, Oil and Gas Facilities will
not exceed the following maximum permissible light levels.
LAND USE Lumens per square foot of
Working Pad Surface
Residential/Rural/State Parks/State Wildlife
Areas/High Priority Habitat/Wilderness Areas/ 1.25
National Park/National Monument
Commercial/Agricultural 2.5
Light Industrial 5.0
Industrial 7.5
(3) The basis for determining land use designation pursuant to be Rule
424.d.(2) will be the Relevant Local Government's land use or zoning
designation. The Director may consult with a Relevant or Proximate Local
Government to identify the type of land use of the Oil and Gas Location
and its surrounding area, taking into consideration any applicable zoning
or other local land use designation.
A. To protect public safety and welfare, the Director may require
Operators to comply with a lower maximum permissible light level in
areas zoned industrial, light industrial, or commercial, if the Oil and
Gas Facility will be within 2,000 feet of a Residential Building Unit or
High Occupancy Building Unit.
B. The Director may require Operators to comply with a lower maximum
permissible light level based on the consultation process with Relevant
and Proximate Local Governments, CDPHE, or CPW required by
Rules 302.g, 309.e, & 309.f.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-29
C. In a light mitigation plan submitted pursuant to Rule 424.a, an Operator
may request a higher maximum permissible light level than would
otherwise be allowed by Rule 424.d.(2), if the Operator demonstrates
that both the Relevant and any Proximate Local Governments agree to
the higher maximum permissible light level. The Director may apply
that higher maximum permissible light level as long as the requested
level is protective of public safety, public welfare, and wildlife.
e. Production Phase Facility Lighting When Personnel Are Not On-Site.
After the Commencement of Production Operations, Operators will minimize
continuous on-site lighting when personnel are not present.
f. Cumulative Light Impacts. Operators will develop site lighting to reduce
cumulative nighttime light intensity from all Oil and Gas Facilities to 4 lux at any
Residential Building Unit or High Occupancy Building Unit within 1 mile of any Oil
and Gas Facility, measured at 5.5 feet above grade in a direct line of sight to the
brightest light fixture onsite.
GARFIELD COUNTY, COLORADO
Article 15: Definitions
LUDC
2013
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-i
ARTICLE 15
DEFINITIONS
TABLE OF CONTENTS
Section 15-101. Acronoyms. ................................................................................................... 1
Section 15-102. Definition of Words and Phrases. ................................................................. 2
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-ii
(This Page Left Blank Intentionally)
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 15-1
SECTION 15-101. ACRONYMS.
For the purposes of this Code, the following acronyms are defined as follows.
AAHE Approved Affordable Housing Entity
AASHTO American Association of State Highway and Transportation Officials
ADA Americans with Disabilities Act
ADT Average Daily Traffic
ADU Accessory Dwelling Unit
AHU Affordable Housing Unit
AMI Area Median Income
ANSI American National Standards Institute
APD Application for Permit to Drill
ATV All Terrain Vehicle
AWDP Area Wide Development Plan
BFE Base Flood Elevation
BOCC Board of County Commissioners
CB Commercial, Business
CCIOA Colorado Common Interest Ownership Act
CCRs Covenants, Conditions and Restrictions
CDOT Colorado Department of Transportation
CDPHE Colorado Department of Public Health and Environment
CG Commercial, General
CL Commercial, Limited
CLOMR Conditional Letter of Map Revision
CPW Colorado Parks and Wildlife
COGCC Colorado Oil and Gas Conservation Commission
CPI-W Consumer Price Index, Urban Wage Earners and Clerical Workers
CRS Colorado Revised Statutes
CWCB Colorado Water Conservation Board
db(A) Decibel
dBA A-Weighted Decibel
DNDP Density Neutral Development Plan
EMF Electromagnetic Field
EPA Environmental Protection Agency
F Fahrenheit
FAA Federal Aviation Administration
FAR Federal Aviation Regulations
FATO Final Approach and Take-off Area
FCC Federal Communications Commission
FEMA Federal Emergency Management Agency
FHBM Flood Hazard Boundary Map
FIRM Flood Insurance Rate Map
GCHA Garfield County Housing Authority
GPS Global Positioning System
HOA Homeowner’s Association
HUD U.S. Department of Housing and Urban Development
I Industrial
IDDP Increased Density Development Plan
IFC International Fire Code
kW Kilowatt
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-2
Ldn Day Night Level
Leq(h) Hourly Equivalent Noise Level
LOMR Letter of Map Revision
LPG Liquefied Petroleum Gas
MCL Maximum Contaminant Level
MUTCD Manual on Uniform Traffic Control Devices
NPDES National Pollutant and Discharge Elimination System
NRCS National Resource Conservation Service
OWTS On-Site Wastewater Treatment System
OSHA Occupational Safety and Health Administration
PA Public Airport
PL Public Lands
PSI Pounds per Square Inch
PUD Planned Unit Development
R Rural
RL-E Resource Lands, Escarpment
RL-GS Resource Lands, Gentle Slope
RL-P Resource Lands, Plateau
RL-T Resource Lands, Talus
RLDE Rural Land Development Exemption
RMHP Residential, Manufactured Home Park
ROW Right-of-Way
RPZ Runway Protection Zone
RS Residential, Suburban
RU Residential, Urban
SFE Single-Family Equivalent
SFHA Special Flood Hazard Area
SPCC Spill Prevention Counter Measure and Control Plan
TLOF Touchdown and Lift-off Area
TOHWM Typical and Ordinary High Water Mark
TPUD Transportation Planned Unit Development
USACE United States Army Corps of Engineers
USDA United States Department of Agriculture
USDAAPHIS United States Department of Agriculture Animal and Plant Health
Inspection Services
USFWS United States Fish and Wildlife Service
SECTION 15-102. DEFINITION OF WORDS AND PHRASES.
For the purposes of this Code, the following words and phrases are defined as follows:
Access Route. A way or means of approach to provide a safe, adequate, and usable physical
entrance and exit to a property or use.
Accessory Building or Structure. See “Building, Accessory.”
Accessory Use. See “Use, Accessory.”
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-3
Adequate Water Supply. A water supply that will be sufficient for build-out of the proposed
development in terms of quality, quantity, dependability, and availability to provide a supply of
water for the type of development proposed, and may include reasonable conservation measures
and water demand management measures to account for hydrologic variability.
Adjacent Property Owner. An owner of record of any estate, right, or interest in real property
that is located within 200 feet of the subject parcel or only separated by a Federal, State or
municipal right-of-way.
Adult Day Care. A facility, located in a place of residence, which provides less than 12-hour
care for individuals 18 years old or older who are not related to the head of such home.
Aerobic Aeration Plant or Disposal Method. A small-scale sewage treatment system, with no
connection to a central sewer system, that provides an aerobic bacterial environment in order to
decompose or mineralize waste discharged into the chamber.
Affected land. The surface of an area within the County where a mining operation is being or will
be conducted, which surface is disturbed as a result of such operation. Affected lands include but
shall not be limited to private ways and roads, and railroad lines appurtenant to any such area;
land excavations; prospecting sites; drill sites or workings; refuse banks or spoil piles; evaporation
or settling ponds; leaching dumps; placer areas; tailings ponds or dumps; work, parking, storage
or waste discharge areas; and areas in which structures, facilities, equipment, machines, tools or
other materials or property which result from or are used in such operations are situated.
Affected Party. As it pertains to Article 14, any person with an interest in the outcome of the
permit decision for the proposed project.
Agriculture. The use of land for production, cultivation, growing and harvesting of crops and
plants; raising and breeding livestock, excluding commercial animal feed lot operations;
harvesting, storage, grading, packaging, processing, and distribution of agricultural commodities;
construction of internal roads, ponds, dams and ditches necessary to agricultural operations,
excepting those regulated as Water Impoundment; dairying, aquaculture, horticulture,
floriculture, viticulture, nursery, and animal and poultry husbandry; and the necessary Accessory
Uses and Structures needed for harvesting, packing, treating, or storing, excluding forestry.
Agriculture does not include the growing of marijuana for Medical Use, Personal Use, Caregiver,
or Optional Premises Cultivation Operation (OPCO) purposes.
Agricultural Land. Any land used primarily for the production of crops or livestock, including
irrigated meadows, irrigated and dry pasture, irrigation ditches, stock drive routes, lands used for
barns, corrals, and storage of crops or agricultural products, but not including lands used primarily
for the production of commercial timber.
Agricultural Products. Products grown or raised on a property intended for direct human or
animal consumption or use, such as vegetables, fruits, dairy products, eggs, grains, meat, poultry,
fish, honey, hay, bedding plants, and wool.
Agricultural Products Distribution. Any land used to receive, sort, and distribute agricultural
products grown and processed on another property.
Agricultural Products Processing and Storage. The alteration of agricultural products
brought to the site in its natural state including, but not limited to, cleaning, sorting, grading,
packaging, milling, or storing of products which are intended for direct human or animal
consumption or use.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-4
Agricultural Products, Processing, Storage, Distribution, and Sale at Point of Production.
Establishments performing a variety of operations on crops after harvest and livestock after
slaughter, to prepare them for market or further processing and packaging or selling on site and
off. At a minimum 20% of the product that is processed, stored, distributed, and/or sold must be
produced onsite.
Agricultural Products, Processing, Storage, Distribution, and Sale Off-Site. Centralized
establishments performing a variety of operations on crops after harvest and livestock after
slaughter, to prepare them for market or further processing and packaging. These facilities accept
products from off-site locations for processing, storage, and distribution.
Agritourism. An agriculturally based operation or activity at a working farm or ranch, conducted
for the enjoyment, education, or active involvement of visitors that adds to economic viability of
the agricultural operation. Agritourism activities are accessory to, and directly supportive of the
agricultural use on the property and shall not have significant impacts on the agricultural viability
or rural character of neighboring properties including noise impacts generated by the use.
Agritourism uses shall operate between dawn and dusk and shall be limited to a maximum of 30
people visiting the property.
Aircraft Landing Strip, Private. A facility that accommodates use and servicing of private
aircraft.
Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land
and facilities used in connection with the aircraft landing or taking off from the strip of land
including, but not limited to, land and facilities used for existing Airport uses.
Airport Elevation. The highest point of an Airport’s usable Runway, measured in feet above
mean sea level.
Airport Hazard. Any structure, object of natural growth, or use of land that obstructs the
airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise
hazardous to such landing or taking off of aircraft.
Airport Imaginary Surfaces. Imaginary areas in space and on the ground that are established
in relation to the Airport and its Runways. Imaginary areas are defined by the Primary Surface,
Runway Protection Zone, Approach Surface, Horizontal Surface, Conical Surface, and
Transitional Surface.
A. Approach Surface. A surface longitudinally centered on the extended Runway
centerline and extending outward and upward from each end of the Primary Surface.
Dimensions are defined by FAR Part 77. The Approach Surface is sometimes
designated as the “Approach Zone.”
B. Conical Surface. A surface extending outward and upward from the periphery
of the Horizontal Surface at a Slope of 20 to 1 for a horizontal distance of 4,000 feet.
C. Horizontal Surface. A horizontal plane 150 feet above the established Airport
elevation, the perimeter of which is constructed by swinging arcs of specified radii from
the center of each end of the Primary Surface of each Runway of each Airport and
connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is
defined by FAR Part 77.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-5
D. Primary Surface. A surface longitudinally centered on a Runway with
dimensions as specified by FAR Part 77.
E. Runway Protection Zone (RPZ). An area off the Runway end used to enhance
the protection of people and property on the ground. The RPZ is trapezoidal in shape
and centered about the extended Runway centerline. The dimensions are specified in
FAA Advisory Circular 150/5300-13.
F. Transitional Surface. Those surfaces that extend upward and outward at 90-
degree angles to the runway centerline and the runway centerline extended at a Slope of
7 feet horizontally for each foot vertically from the sides of the Primary and Approach
Surfaces to the point of intersection with the Horizontal and Conical Surfaces.
Transitional Surfaces for those portions of the precision Approach Surfaces that project
through and beyond the limits of the Conical Surface, extend a distance of 5,000 feet
measured horizontally from the edge of the Approach Surface, and at a 90-degree angle
to the extended Runway centerline.
Airport Master Plan. The Master Plan including an Airport Layout Plan as updated and
approved by the FAA and BOCC.
Airport Noise Impact Boundary. Areas located within 1,500 feet of an Airport Runway or within
established noise contour boundaries exceeding 55 Ldn.
Airport or Heliport Impact Areas.
A. Direct Impact Area. The area located within 5,000 feet of an Airport Runway or
2,000 feet of a Heliport, excluding lands within the Runway Protection Zone and Approach
Surface. The Direct Impact Area is sometimes designated as the “Flight Pattern Area.”
B. Secondary Impact Area. The area located between 5,000 and 10,000 feet from
an Airport Runway or between 2,000 and 4,000 from a Heliport.
Airport or Heliport Sponsor. The owner, manager, or other person or entity designated to
represent the interests of an Airport/Heliport.
Airport Protection Surfaces. Imaginary Surfaces in an airport vicinity as established by FAR
Part 77, “Objects Affecting Navigable Airspace,” U.S. Department of Transportation, FAA,
January 1975, as amended, for the purpose of controlling heights of objects in an Airport vicinity,
as codified under Subchapter E, “Airspace,” of Title 14 of the Code of Federal Regulations,
incorporated herein by this reference (C.R.S. § 41-4-101, et seq., as amended), or by other means
accepted by the BOCC.
Airport Reference Code. A code comprised of the Aircraft Approach Category and the Airplane
Design Group as defined in FAA Advisory Circular 150/5300-13A.
Airport Rules and Regulations. The rules, regulations, and minimum standards for
aeronautical activities adopted by the BOCC, as the same may be amended or restated from time
to time.
Air Strip, Ultralite. The strip of land used for taking off and landing of recreational aircraft
constructed of lightweight materials such as aluminum, graphite composites, or high-strength
plastics, having an engine of roughly 15 to 40 horsepower and often resembling a hang glider
with motorized propeller.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-6
Alley. A public right-of-way providing only secondary access to a property and not intended for
general travel.
Ambient Noise. The total of all noise in a situation, independent of the projected noise from any
new particular source or increase in existing sources of noise. Ambient noise includes both
sustained background readings and existing fluctuations in noise levels.
Amended Final Plat. A recorded Plat correcting surveying or drafting errors, or reflecting other
changes to an existing recorded Plat.
Anaerobic Septic Tank (Subsurface) or Disposal Method. A small-scale sewage treatment
system, with no connection to a Central Sewer System, that uses an anaerobic bacterial
environment in order to decompose or mineralize waste discharged into the tank.
Animal Processing. A USDA-inspected facility primarily engaged in slaughtering animals,
preparing processed meats and meat byproducts, and/or rendering or refining animal fat, bones,
and meat scraps. Excluded from this definition are custom meat processing and wild game
processing facilities, as defined and permitted by the USDA and CDPHE.
Animal Sanctuary. An establishment for the harboring, keeping, care, and secure and humane
containment of wild and/or domesticated animals. The facility may also provide education to the
public regarding the care of all animals.
Applicant. A person or entity having fee ownership of the subject property and submitting a
development application.
Approach Surface. See “Airport Imaginary Surfaces.”
Approved Affordable Housing Entity (AAHE). An entity other than the GCHA who administers
the management of Deed Restrictions in the approved Affordable Housing Plan.
Appurtenances. The visible, functional, or ornamental objects accessory to and part of a
building.
Area Around a Rapid or Mass Transit Facility. As it pertains to Article 14, an area immediately
and directly affected by a Rapid or Mass Transit Facility as defined herein.
Area of Shallow Flooding. An area designated as Zone AO on the Flood Insurance Rate Map
(FIRM) with a 1% chance or greater annual chance of flooding to an average depth of 1 to 3 feet;
where a clearly-defined channel does not exist; where the path of flooding is unpredictable and
indeterminate; and where velocity flow may be evident. Such flooding is characterized by
ponding or sheetflow.
Arterial. See Highway, Arterial.
At-grade. On the same level as the established grade.
Auditorium. See “Community Meeting Facility.”
Average Daily Traffic (ADT). The average number of 1-way vehicular trips that are generated
from a particular land use during a 24-hour period.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-7
Bakery. A commercial establishment for the production of baked goods, primarily for sale to
other commercial establishments.
Base Flood. A flood having a 1% chance of being equaled or exceeded in any given year. The
term is used interchangeably with “intermediate regional flood,” “100-year flood,” and “1%-chance
flood.”
Base Flood Elevation. The elevation shown on a FEMA Flood Insurance Rate Map for Zones
AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that
indicates the water surface elevation resulting from a flood that has a 1 percent chance of
equaling or exceeding that level in any given year.
Basement. Any area of the building having its floor sub-grade (below ground level) on all sides.
Batch Plant. A facility for mixing concrete or asphalt.
Bed and Breakfast. See “Lodging Facilities.”
Brewery/Winery/Cidery/Distillery. A facility for brewing, packaging, and distribution of beer,
mead, wine, cider, spirit and/or similar beverages.
Building. Any structure having a roof supported by columns or walls and intended for
supporting, enclosing, sheltering, or protecting any use or occupancy. The term “building” shall
include modular or prefabricated buildings that do not fall within the definition of Manufactured
Home.
Building, Accessory. A subordinate building located on the same lot as the principal building,
the use of which is incidental to the principal use. Unless otherwise specified in this Code, any
Accessory Building is subject to the minimum requirements of the zoning district in which it is
located.
Building Code. The Code adopted by the Board of County Commissioners that regulates
construction and alteration of structures and equipment intended to protect the public health,
safety, and welfare, as the same may be amended from time to time.
Building Envelope. The portion of a lot within which all structures are confined.
Building Footprint. The outline of the total area that is covered by a building’s perimeter at
ground level.
Building or Structure Necessary to Agricultural Operations, Accessory. Accessory
Buildings that are used to support agricultural operations. Examples include a barn, chicken
coop, storage shed for agricultural equipment, and indoor riding arena.
Building Permit. A permit which is issued by the Building Official prior to the erection,
construction, alteration, moving, relocation, or change of use of any building or structure.
Building Restriction Line. As it pertains to Article 14, a line that identifies suitable building area
locations.
Bulk. The total volume of the structure, found by multiplying the square footage by the height.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-8
Bulk Sales of LPG and CNG. Businesses that receive supplies from other sources and then
store, distribute, and/or sell liquefied petroleum gas and/or compressed natural gas.
Cabin. A structure with no more than 1200 square feet of gross floor area including unfinished
basements, for living, sleeping, eating or cooking; shall be occupied as a dwelling for no more
than 6 months within any calendar year for personal use; not to be used for commercial purposes;
One cabin is allowed per legally created lot so long as no other dwelling unit is on the lot. All
structures should comply with adopted Building Code requirements excluding ANSI 119.5 rated
park trailers. Appropriate septic and electrical permits are required. Recreational Vehicles are
not permitted to be recreational cabins.
Campground/RV Park. A land parcel in single ownership that has been developed for
occupancy by guest-owned tents and Recreational Vehicles (RVs) on a temporary basis for
recreational purposes.
Camping Facility, Small. A facility that allows for up to four total tent pads and/or recreational
vehicle spaces on a limited basis.
Cave. Any naturally occurring void, cavity, recess, or system of interconnected passages
beneath the surface of the earth or within a cliff or ledge, including any cave resource therein, and
which is large enough to permit a person to enter, whether the entrance is excavated or naturally
formed. Such term shall include any natural pit, sinkhole, or other feature that is an extension of
a cave entrance, or which is an integral part of the cave.
Cave resource. Any material or substance occurring in caves, including, but not limited to, biotic,
mineralogic, paleontological, geologic, hydrologic, or cultural resources.
Central Sewer System. See “Sewage Treatment Facility.”
Central Water (Distribution) System. A public water system that serves more than 1 service
connection used by year-round residents.
Cesspool. An underground reservoir for liquid waste.
Child Care Center. A facility licensed by the State department, by whatever name known, that
is maintained for the whole or part of a day, but less than 24 hours, for the care of 5 or more
children who are 18 years of age or younger and who are not related to the owner, operator, or
manager thereof, whether the facility is operated with or without compensation for such care and
with or without stated educational purposes. A childcare center may include, but is not limited to,
facilities commonly known as day care centers, school- age child care centers, before and after
school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and
includes those facilities for children under the age of six years with stated educational purposes
operated in conjunction with a public, private, or parochial college or a private or parochial school.
A Childcare Center includes childcare facilities in a residence where the residential area is totally
separate from where childcare is provided, or childcare is otherwise provided outside of the home.
Church. See “Place of Worship.”
Colorado Medical Marijuana Code. C.R.S. § 12-43.3-101, et seq., and any regulations
promulgated thereunder.
Commercial Mineral Deposits. Oil, gas, gravel, and other natural deposits that may be
extracted from a property for economic benefit.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-9
Commercial Use. See “Use, Commercial.”
Community Meeting Facility. A facility for public gatherings including, but not limited to,
recreation halls and auditoriums, and holding events such as weddings, wedding receptions,
community meetings, and meetings and events sponsored by neighborhood groups, religious
groups, philanthropic organizations, etc.
Compatibility. The characteristics of different uses or activities or design that allow them to be
located near or adjacent to each other in harmony. Compatibility does not mean “the same as.”
Rather, compatibility refers to the sensitivity of development proposals in maintaining the
character of existing development.
Comprehensive Plan. The master land use plan adopted by the Planning Commission and
certified to the BOCC pursuant to C.R.S. §§ 30-28-106 through 109 as the same may be amended
from time to time.
Compressor, Booster. Typically consists of a single compressor unit located on an existing well
pad and is generally skid mounted. Multiple well pads may require additional booster
compressor units. Booster compressors are commonly used for artificial lift to add gas velocity.
Compressor/Pipeline Pump Station. An installation consisting of equipment utilized to
increase pipeline pressures, and monitor operating conditions, and associated control equipment
in order to move gas and/or liquids in pipelines.
Conditional Letter of Map Revision. FEMA's comment on a proposed project, which does
not revise an effective Floodplain Map, that would, upon construction, affect the hydrologic or
hydraulic characteristics of a flooding source and thus result in the modification of the existing
regulatory Floodplain.
Condominium. An individual air space unit together with the interest in the common elements
appurtenant to such unit. Individual air space unit consists of any enclosed room or rooms
occupying all or part of a floor or floors in a building of 1 or more floors to be used for residential,
professional, commercial, or industrial purposes that has access to a public street.
Conical Surface. See “Airport Imaginary Surfaces.”
Conservation Easement. The right of the owner of a property to prohibit or require certain acts
with respect to the use of the property in order to maintain the property in a manner that will
preserve its value for, but not limited, agriculture, recreation, education, habitat, Open Space, or
historical importance. A Conservation Easement is an interest in real property.
Construction, Existing. For Floodplain purposes, existing construction means that
construction commenced before the effective date of the FIRM.
Contiguous. Sharing an edge or boundary; touching.
Contractor’s Yard, Large. The use of land for the purpose of storing machinery, equipment,
and supplies for an individual business that may include office, maintenance, and repair facilities
that provide services to clients through the use of the machinery, equipment, or supplies that is
on a site greater than 5 acres. Site size shall be measured by drawing a box(es) around the
perimeter of the Contractor’s Yard and calculating the resulting area.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-10
Contractor’s Yard, Small. The use of land for the purpose of storing machinery, equipment,
and supplies for an individual business that may include office, maintenance, and repair facilities
that provide services to clients through the use of the machinery, equipment, or supplies, that is
on a site up to 5 acres in size. Site size shall be measured by drawing a box(es) around the
perimeter of the Contractor’s Yard and calculating the resulting area.
Convenience Store. Any retail establishment selling consumer products including primarily
prepackaged or prepared food items and household items, and having a gross Floor Area of less
than 5,000 square feet. A convenience store may also have associated retail sale of gasoline
and other petroleum products and vehicle washing facilities.
Corrections Facility. A use that provides housing, treatment, or care for individuals legally
confined or placed as a result of criminal charges, and designed to incarcerate or rehabilitate
individuals in either a secured or non-secured setting.
Cost. The total monetary amount to be paid, including all amounts to be paid for land acquisition,
capital improvements, construction, fixtures, equipment, labor, materials, operation, financing,
debt service, planning, permitting, and similar purposes.
Critical Facility. As specified in section 3-301.H.2., a structure or related infrastructure,
excluding the land on which it is situated, that if flooded may result in significant hazards to
public health and safety or interrupt essential services and operations for the community at
any time before, during and after a flood.
Dedication. The conveyance or setting aside of land to the BOCC or its designee.
Deed. A legal document conveying an interest in real property recorded in the real property
records of the Garfield County Clerk and Recorder.
Density. A unit of measurement, specific to development, to be interpreted as the number of
dwelling units per acre of land.
Designation. As it pertains to Article 14, that legal procedure specified by C.R.S. §§ 24-65.1-
401, 402, and 406, for designating matters of State interest. It also includes the revocation and
amendment of such designations.
Development. Any manmade change to improved or unimproved real estate including, but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations.
Development Area. As it pertains to Article 14, those geographic areas within the County that
will be developed or altered directly by construction or operation of the project.
Development Permit. Any County land use permits or approvals of any kind, including Building
Permits, Plat approvals, Grading Permits, or Land Use Change Permits; but specifically excluding
Sign Permits.
Ditch Owner. Where used in these regulations, the term “ditch owner(s)” shall mean both
individual owners of an unincorporated ditch and/or a ditch company as the owner of an
incorporated ditch.
Direct Impact Area. See “Airport Imaginary Surfaces.”
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-11
Discharging Ground Surface. The area where processed waste from a septic system is piped
out so that it may infiltrate the ground.
Dwelling Unit. A building or a portion of a building used exclusively for residential occupancy,
including Single-Unit Dwellings, Accessory Dwelling Units, Secondary Dwelling Units, 2-Unit
dwellings, and Multi-Unit dwellings.
Dwelling Unit, 2-Unit. A single building consisting of 2 dwellings that does not include any
combination of an Accessory or Secondary Dwelling Unit and/or a Single Unit Dwelling.
Dwelling Unit, Accessory. A dwelling unit, 1,200 square feet or less in floor area, considered
accessory to a Single-Unit Dwelling for use as a complete independent living facility. The
Accessory Dwelling Unit shall be located on the same lot and may be attached to or detached
from the Single-Unit Dwelling.
Dwelling Unit, Attached. A residential building containing dwelling units, each of which has
primary ground floor access to the outside and which are attached to each other by legally divided
party walls without openings. The term is intended primarily for such fee simple title ownership
of dwelling types as townhouses and duplexes.
Dwelling Unit, Detached. A single-unit dwelling that meets the Building Code.
Dwelling Unit, Multi-Unit. A dwelling containing 3 or more dwelling units, not including hotels,
motels, fraternity and sorority houses, and similar group accommodations.
Dwelling Unit, Secondary. A dwelling unit, greater than 1,200 square feet in floor area,
considered secondary to a Single-Unit Dwelling for use as a complete independent living facility.
The Secondary Dwelling Unit shall be located on the same lot and may be attached to or detached
from the Single-Unit Dwelling.
Dwelling Unit, Single Family or Single-Unit. A building or portion of a building designed
exclusively for residential occupancy. A single structure with 1 or more rooms designed to
function as a single living facility and containing kitchen facilities plus living, sanitary, and sleeping
facilities.
Easement. A right granted by a property owner permitting a designated part or interest of the
property to be used by others for a specific use or purpose.
Eating or Drinking Establishment. An establishment for the sale and consumption of food and
beverages on the premises, or with drive-thru accommodations.
Educational Facility. Buildings and uses for instruction or research activities that has
curriculum for technical or vocational training that may be, but is not limited to, kindergarten,
elementary, secondary, or higher education, including residential facilities for faculty, staff, and
students.
Electric Power Generation Facility, Large. A facility designed to generate electricity by the
conversion of natural resources such as coal, natural gas, or water with generating capacity of 10
megawatts or more, and any appurtenant facilities thereto.
Electric Power Generation Facility, Small. A facility designed to generate electricity by the
conversion of natural resources such as coal, natural gas, or water with generating capacity of
less than 10 megawatts, and any appurtenant facilities thereto.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-12
Emergency Care Facility. A health care facility providing primarily outpatient emergency care
for the diagnosis and treatment of individuals.
Emergency Shelter. A facility providing intermediate-term housing to people with limited
financial resources, including people who are homeless or are abused mentally, physically, or
emotionally and need to escape a threatening situation. Accommodations may also include food,
counseling, transportation services, and service to support the personal care of the residents of
the facility, including medical care, dental care, and hygiene.
Enclosed Locked Space. A permanent or semi-permanent structure covered and surrounded
on all sides (eg. walls, roof and doors) so that no plants are visible to the public or adjacent
property that is secured at all points of ingress or egress with a locking mechanism designed to
limit access such as with a key or combination lock.
Environment. As it pertains to Article 14, all natural physical and biological attributes and
systems, including the atmosphere, climate, geology, soils, groundwater, surface water,
Wetlands, vegetation, animal life, physical features, natural hazards, topography, and aesthetics.
Expansion to an Existing Manufactured Home Park or Subdivision. For Floodplain
purposes, the preparation of additional sites by the construction of facilities for servicing the lots
on which Manufactured Homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Exploration. The act of searching for or investigating a construction materials deposit.
"Exploration" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore holes,
and digging pits, cuts, or other works for the purpose of extracting samples prior to the
commencement of development or extraction, and the building of roads, access ways, and other
facilities related to such work. "Exploration" does not include:
a. An activity that causes very little or no surface disturbance, such as airborne
surveys and photographs, the use of instruments or devices that are hand-carried
or otherwise transported over the surface to make magnetic, radioactive, or other
tests and measurements, boundary or claim surveying, location work, or other
work that causes no greater land disturbance than is caused by ordinary lawful use
of the land by persons not involved in exploration activities; or
b. Any single activity that results in the disturbance of a single block of land totaling
one thousand six hundred square feet or less of the land's surface, not to exceed
two such disturbances per acre; except that the cumulative total of such
disturbances may not exceed five acres statewide in any exploration operation
extending over twenty-four consecutive months.
Excavation. The removal of earth material by artificial means, also referred to as a “cut.”
Extraction. To draw out or forth; hence to derive as if by drawing out; removal of physical matter
in a solid or liquid state from its naturally occurring location; the initial step in utilization of a natural
resource.
Federal Aviation Administration’s Technical Representative. The Federal agency providing
the FAA with expertise on wildlife and bird strike hazards as they relate to airports. This may
include, but is not limited to, the USDAAPHIS-Wildlife Services.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-13
Fabrication. To form by art and labor; to manufacture; change in the physical shape of matter;
the final step in utilization of a natural resource. Examples include the manufacture of wholesale
and retail goods from processed materials, wood, and metal working operations and the following:
A. Assembly of Structures. Process in which an item is put together from ready-
made components or parts such as, but not limited to, roof trusses and other
prefabricated building components.
B. Cabinet Making, Woodworking, Metalworking, Glazing, Machining, Welding. The
fabrication of wood and metal products.
C. Equipment, Small Appliances. The fabrication of portable or semi-portable
machines, generally on a platform, used to accomplish a household task.
D. Goods Processed From Natural Resources. Products made from natural
resources such as wood and extracted minerals. Examples include metal,
lumber, and mulch.
E. Vehicles, Machinery, and Heavy Equipment. A constructed machine used to
transmit or modify the application of power, force, or motion. Examples include
tractors, automobiles, dump trucks, and bailers.
Family Child Care Home. Pursuant to CRS 26-6-102(13) A facility for child care in a place of
residence of a family or person for the purpose of providing less than 24-hour care for 12 or fewer
children under the age of 18 years who are not related to the head of such home. A Family Child
Care Home may include infant-toddler child care homes, large child care homes, experienced-
provider child care homes, and such other types of Family Child Care Homes designated by rules
of the State Department of Social Services pursuant to C.R.S. § 26-6-106(2)(p). A Family Child
Care Home includes child care where the provider lives in the facility and child care takes place
inside of that facility.
Feedlot, Commercial. A place of confinement of livestock for the primary purpose of providing
for the ultimate sale of products from the animals or the animals themselves.
Fill. A deposit of earth material placed by artificial means.
Fish Farm. Exclusive of recreational fishing operations, a workplace where fish are hatched
and raised for the purpose of harvesting and sale including, but not limited to, production for
consumption and private stock.
Fixed Guideway. As it pertains to Article 14, a transportation facility consisting of a separate
right-of-way or rail line for the exclusive use of rapid or mass transit vehicles.
Flood Fringe. The area of the Floodplain shown on the flood maps that lies outside of the
Floodway, in which the depth and velocity of the waters of the 100-year flood do not present as
serious a threat to life and property as do the depth and velocity of the 100-year floodwaters in
the Floodway. It is that area of the 100-Year Floodplain in which the use of Fill and floodproofing
techniques may be allowed for development, without raising the water surface elevation of the
100-year flood by more than 1/2 foot.
Flood Insurance Rate Map. An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-14
Flood Insurance Study. The official report provided by FEMA that includes flood profiles, the
Flood Insurance Rate Maps, and the water surface elevation of the Base Flood.
Flood or Flooding. A general and temporary condition of partial or complete inundation of
normally dry land areas from the overflow of inland or tidal waters, and the unusual and rapid
accumulation or runoff of surface waters from any source.
Floodplain. Any land area susceptible to being inundated by water from any source.
Floodplain Development. Under Floodplain regulations, any public or private construction or
activity that changes the basic character or the topography of the land on which the construction
or activity occurs including, but not limited to, any manmade change to improved or unimproved
real estate, construction, or substantial improvement of buildings or other structures.
Development includes mining, dredging, filling, grading, paving, excavation, or drilling operations;
and all dams, reservoirs, walls, embankments, berms, levees, dikes, piles, abutments,
projections, channel rectification, roads, bridges, culverts, excavations, and Fills.
Floodplain Encroachment. Any development, stockpile, refuse, or matter in, along, across, or
projecting into any Floodplain that might impede, retard, or change the direction of a flow of water,
either by itself or by catching or collecting debris carried by such water. The term “Floodplain
Encroachment” shall not include any device or structure reasonably necessary for flood control
or prevention.
Floodproofing. A combination of structural and nonstructural additions, changes, or
adjustments to structures that reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents.
Floodway (Regulatory). The channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the Base Flood without cumulatively increasing
the water surface elevation more than a designated height.
Floor Area. The total habitable horizontal Floor Area of all floors in a building, measured from
exterior wall to exterior wall, exclusive of unfinished basement, garage, storage area, and utility
rooms.
Floor Area Ratio. This means the Floor Area of the building or buildings on a lot divided by the
total lot area.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-15
Functional Dependent Use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities and
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related manufacturing
facilities.
Gas Transmission Line. Gas main or gas laterals used in the local distribution of natural gas
service.
General Service Establishment. An establishment for services offered by a professional or
tradesman, but that is not otherwise classified as a specific commercial or industrial use.
Geologic hazard. A geologic phenomenon which is adverse to past, current, or foreseeable
construction or land and which constitutes a hazard to public health and safety or property if not
avoided. The term includes but is not limited to:
a. Avalanches, landslides, rock falls, mudflows, and unstable or potentially unstable slopes;
b. Seismic effects;
c. Radioactivity;
d. Areas of ground subsidence; and
e. Expansive rocks or soils.
Geothermal resource. The natural heat of the earth and includes:
a. The energy that may be extracted from that natural heat;
b. The material medium used to extract the energy from a geothermal resource; and
c. Geothermal by-products.
d. Source and recharge water for geothermal systems.
Golf Course/Driving Range. A recreational facility primarily used for the purpose of playing or
practicing golf, but which may include associated eating and drinking areas, retail sales areas,
and staff offices.
Grade, Finished. The final elevation of the ground surface after development.
Grade, Natural. The elevation of the ground surface in its natural state before manmade
alterations.
Grading. Any excavating, filling, or combination thereof.
Gravel Operation. The mechanical removal without drilling or blasting and without other high
impact technology, of loose rock material, including rock, clay, silt, sand, or gravel from its natural
location for use in the production of non-metallic construction products. Gravel operations are
typically located along existing riverbeds or alluvial deposits. Gravel operations are regulated
pursuant to Article 3 and Article 7, section 7-1002 of this Code. The term gravel operation does
not include a Mining Operation.
Group Home Facility. A facility operated by a public, nonprofit, or private agency that provides
care or supervision of persons who are not related by blood, marriage, or adoption to the facility’s
owner, operator, or manager.
Greenhouse: A permanent structure made of plastic, glass or other transparent material that may
utilize artificial light for the purpose of inducing plant growth, including but not limited to fruits,
vegetables, flowers or cannabis in regulated temperatures, humidity and ventilation. Commercial
wholesale Greenhouses (greenhouses that primarily sell plants/produce in typically larger
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-16
quantities to be retailed/sold by others) that utilize artificial light for growing between sunset and
sunrise are subject Section 7-304.
Hazard. A significant natural or manmade phenomenon or condition that is a source of risk,
danger, or peril resulting from natural phenomena or conditions.
A. As it relates to Airport and Heliport operations, the term “hazard” shall include any
structure, object of natural growth, or use of land that obstructs the airspace
required for the flight of aircraft in landing or taking off at an Airport or Heliport or
is otherwise hazardous to such landing or taking off of aircraft.
B. As it relates to bird strike hazards, the term “Significant Hazard” means a level of
increased flight activity by birds across an Approach Surface or Runway that is
more than incidental or occasional, considering the existing ambient level of flight
activity by birds in the vicinity.
Hazard Area. An area that contains or is directly affected by a geologic hazard, including but
not limited to following types of areas.
A. Avalanche Area. A mass of snow or ice and other material that may become
incorporated therein as such mass moves rapidly down a Slope.
B. Landslide Area. An area with demonstrably active mass movement or rock and
soil where there is a distinct surface rupture or zone of weakness that separates
the landslide material from more stable underlying material.
C. Mudflow Debris Area. An area subject to rapid mud and debris movement or
deposit occurring after mobilization by heavy rainfall or snowmelt runoff. Such
areas are formed by successive episodes of deposition of mud and debris.
D. Radioactive Area. An area subject to various types of radiation emission from
radioactive minerals that occur in natural or manmade deposits of rock, soil, or
water.
E. Potentially Unstable Soils. An area of land identified as having soils that may
cause damage to structures, such as buildings and roadways, as a result of over
saturation or some other outside influence.
Hazard, Geologic. A geologic phenomenon that is so adverse to past, current, or foreseeable
construction or land use as to constitute a significant hazard to public health and safety or to
property.
Hazardous Waste or Materials. Hazardous waste or hazardous materials as defined by the
Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division.
Height. The highest point of a structure or tree, plant, or other object of natural growth,
measured from mean sea level.
Height, Building. The distance, measured vertically, from the average undisturbed or natural
ground grade horizontal plane of a building footprint to the top of a flat roof or mansard roof or to
the mid-point between the eave line and the peak of a gable, hip, shed, or similar pitched roof.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-17
Heliport. Any designated area used for the landing and taking off of helicopters. The use may
include all necessary passenger and cargo facilities, fueling, and emergency service facilities.
Helistop. As it pertains to Article 14, a minimally-developed Heliport for landing and discharging
passengers or cargo not intended for refueling or maintaining itinerant helicopters.
Highest Adjacent Grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Highway. As it pertains to Article 14, State and Federal highways and major County arterials.
Highway, Arterial. Any limited access highway that is part of the Federal-aid interstate system
or any limited-access highway constructed under the supervision of the Colorado Department of
Transportation.
Highway, Arterial. As it pertains to Article 14, a principal arterial road as defined in the Garfield
County Road and Bridge Design and Construction Standards that has an Average Daily Traffic
count of 5,000 or greater.
Highway, Collector. As it pertains to Article 14, an arterial road as defined in the Garfield
County Road and Bridge Design and Construction Standards that has an Average Daily Traffic
count of at least 2,500, but not more than 4,999.
Historic Structure or Building. Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a State inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
D. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
1. By an approved State program as determined by the Secretary of the
Interior or;
2. Directly by the Secretary of the Interior in states without approved
programs.
Home Office/Business. Any use for profitable or charitable purposes carried on as an
Accessory Use within a dwelling unit or a building accessory to the dwelling unit that does not
create the appearance or impact of a commercial activity.
Homeowner Association or Owners Association. The association set up to enforce the
covenants and maintain all common areas and buildings for a development and any association
established under Title 7 of the Colorado Revised Statutes.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-18
Horizontal Surface. See “Airport Imaginary Surfaces.”
Hospital. An institution providing health services primarily, but not exclusively, for human
inpatient medical or surgical care for sick or injured, including related facilities such as
laboratories, outpatient departments, training and central services facilities, and staff offices.
Hotel. See “Lodging Facilities.”
Hydraulic Fracturing. The process of creating small cracks or fractures in the underground
geological formations by using a controlled high pressure injection of fluid or proppant (usually
sand) to allow oil or natural gas to flow into the wellbore and thereby increasing productivity of the
well.
Hydraulic Fracturing, Remote Surface Location. A COGCC-approved surface location used
for staging materials and equipment (including storage of water in open pits and tanks) to pump
hydraulic fracturing fluid to 1 or more COGCC-approved well locations for the purpose of
advancing the wellbore and increasing the productivity of the well through hydraulic fracturing as
part of the well completion activity.
Illumination, Direct. Lighting by means of an unshielded light source that is effectively visible
when the light travels directly from the source to the viewer’s eye.
Illumination, Indirect. Lighting by means of a light source directed at a reflecting surface in a
way that illuminates the sign from the front or a light source that is primarily designed to illuminate
without direct travel from the source to the viewer’s eye.
Impact. The direct or indirect effect or consequence resulting from a development upon land,
the environment, the community, or any part or segment thereof. The term shall include, but not
be limited to, physical, environmental, economic, visual, auditory, or social consequences or
effects.
Impact Area (Project). As it pertains to Article 14, those geographic areas, including the
development area, in which any impacts are likely to be caused by the project.
Impervious Area/Surface. Surfaces constructed of materials that are largely impenetrable to
water or other liquids or of materials that have high run-off coefficients or curve numbers such as
asphalt, concrete, brick, clay, compacted dirt, gravel and other site features such as roofs or
structures (comparable to a Rational coefficient higher than 0.75).
Impound Yard. A facility that provides temporary (180 calendar days or less) outdoor storage for:
Mechanically operable/drivable, licensed vehicles that are to be claimed by titleholders
or their agents; and/or
Wrecked motor vehicles awaiting insurance adjustments and transport to repair shops
Stored vehicles that are involved in an active law enforcement investigation are not
subject to time limitations
An impound yard may also have parking for tow trucks associated with the business and an
associated office.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-19
Industrial. Any development of natural resources, business or trade, commercial activity,
processing, fabrication, alteration or manufacture of raw or semi-processed materials,
manufactured goods, or any components thereof.
Industrial Use. See “Use, Industrial.”
Industrial Vehicles, Machinery and Heavy Equipment. The business of selling or leasing
vehicles, machinery or heavy equipment used in industrial activities.
Injection Well. A well on a COGCC-approved well location that is used for pumping water or
other fluids from the surface into a reservoir.
A. Injection Well, Piped. An Injection Well where fluids are transported to the well
location solely by pipeline and that has no appurtenant and accessory on-pad
tanks.
B. Injection Well, Small. An Injection Well with less than 5,000 barrels of
appurtenant and accessory on-pad tanks.
C. Injection Well, Large. An Injection Well with 5,000 barrels or greater of
appurtenant and accessory on-pad tanks.
Interchange. As it pertains to Article 14, the intersection of 2 or more highways, roads, or
streets, at least 1 of which is an arterial highway where there is direct access to and from the
arterial highway.
Irrigation Ditch. A naturally occurring or artificially constructed channel used to transport water
in accordance with its decreed or conditional water right.
Junk. Any material unfit for its original intended use, discarded, worn out, dismantled, or
deteriorated in such condition that it is not useable, safe, or fit for human use or habitation.
Karst. A landform developed in soluble rock types such as limestone or gypsum. Typical features
and characteristics may include but are not limited to: few surface streams where most of the
drainage is underground, sinking streams, dolines (sinkholes), resurgences, and caves.
Kennel, Large. A commercial establishment other than a pet shop or veterinary clinic, in which
adult dogs or domesticated animals are housed, groomed, bred, boarded, or trained and have
greater than 8 adult dogs and more than 2 litters of pups per any 1 calendar year. Dogs used as
a part of an agricultural activity are exempted from the definition.
Kennel, Small. A commercial establishment other than a pet shop or veterinary clinic, in which
adult dogs or domesticated animals are housed, groomed, bred, boarded, or trained and that
have between 5 and 8 adult dogs with no more than 2 litters of pups per any 1 calendar year.
Dogs used as a part of a legitimate agricultural activity are exempted from the definition.
Kitchen. A room or area that is designated to be used for cooking and preparation of food that
contains standard kitchen appliances or fixtures.
Land Use Change. Any development, grading, construction, activity, or operation that changes
the basic character, configuration, or use of land or structures after the enactment of this Code
constitutes a change in land use.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-20
Land Use Change Permit. Approval by the County for any land use or activity subject to County
review by this Code.
Landing Strip. A minimally developed Airport for landing and discharging passengers or cargo
not intended for refueling or maintaining itinerant aircraft.
Laundromat. A commercial establishment equipped with washing machines and dryers,
usually coin-operated and self-service.
Laundry and Dry-Cleaning Plant, Commercial. A facility for cleaning or laundering of
garments, fabrics, rugs, draperies, or other similar items on a commercial or bulk basis.
Ldn. Day Night Level. A 24-hour average noise level with a 10-decibel penalty for nighttime.
Letter of Map Revision. FEMA's official revision of an effective Flood Insurance Rate Map
(FIRM), or Flood Boundary and Floodway Map (FBFM), or both. LOMRs are generally based
on the implementation of physical measures that affect the hydrologic or hydraulic
characteristics of a flooding source and thus result in the modification of the existing
regulatory Floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard
Area (SFHA).
Letter of Map Revision, Based on Fill. FEMA’s modification of the Special Flood Hazard Area
(SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of Fill
outside the existing regulatory Floodway.
Letter of Map Revision, Conditional. FEMA's comment on a proposed project, which does
not revise an effective Floodplain Map, which would, upon construction, affect the hydrologic
or hydraulic characteristics of a flooding source and thus result in the modification of the
existing regulatory Floodplain.
Leq(h). Hourly Equivalent Noise Level. The equivalent steady state noise level that contains
the same amount of acoustic energy as the time varying sound level over a 1-hour period.
Licensing Authority, Local. The Garfield County Board of County Commissioners that shall
be responsible for regulating and controlling the licensing of the cultivation of Medical Marijuana
in unincorporated Garfield County.
Licensing Authority, State. The Colorado Department of Revenue, the authority created
pursuant to the Colorado Medical Marijuana Code for the purpose of regulating and controlling
the licensing of the cultivation, manufacture, distribution, and sale of medical marijuana in
Colorado.
Line, Distribution. Any power line designed for or capable of the transmission of less than 69
kilovolts of electricity.
Line, Transmission. Any power line designed for or capable of the transmission of 69 kilovolts
of electricity or greater and that emanates from an electrical power generation facility or electric
substation and terminates at a substation.
Local. See “Road”.
Lodging Facility. An accommodation for a temporary stay that includes, but is not limited to, a
resort lodge, guest ranch, motel, hotel, boarding house, and bed and breakfast establishment.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-21
Lodging Facilities exclude Short Term rentals, Temporary Employee Housing on premises, and
contracted employee housing off premises.
Lot. Any legally created parcel of land including, but not limited to, lots on a legally recorded
Plat.
Lot Area. The area of the horizontal plane within the lot lines of a lot.
Lot Coverage. The portion of a lot that is covered or occupied by buildings and structures. Lot
coverage does not include areas such as driveways, parking, or walkways; nor does it include
cantilever construction so long as the cantilever construction is at least 8 feet above the ground.
Lot Line. The external boundary of a lot.
Lot Line, Front. The boundary of a lot dividing it from the adjacent street right-of-way line, from
which primary access to the property is gained.
Lot Line, Rear. The boundary of a lot opposite the Front Lot Line.
Lot Line, Side. Any boundary of a lot other than the Front or Rear Lot Line.
Lot Size. See “Lot Area.”
Lot Slope. The gradient or configuration of the undisturbed land surface of a lot or building site
that shall be established by measuring the maximum number of feet in elevation gained or lost
over 40 feet or fraction thereof, measured horizontally in any direction between opposing lot lines.
The relationship of elevation or vertical measurement is divided by the horizontal measurements
to be expressed as a percentile.
Lowest Floor. The Lowest Floor of the lowest enclosed area (including basement). Any floor
used for living purposes which includes working, storage, sleeping, cooking and eating, or
recreation or any combination thereof. This includes any floor that could be converted to such a
use such as a basement or crawl space. The Lowest Floor is a determinate for the flood
insurance premium for a building, home or business. An unfinished or flood resistant enclosure,
usable solely for parking or vehicles, building access or storage in an area other than a basement
area is not considered a building's Lowest Floor; provided that such enclosure is not built so as
to render the structure in violation of the applicable non-elevation design requirement of Section
60.3 of the National Flood Insurance Program Regulations.
Marijuana, Caregiver. "Primary care-giver" means a person, other than the patient and the
patient's physician, who is eighteen years of age or older and has significant responsibility for
managing the well-being of a patient who has a debilitating medical condition. Colo. Const. Art.
XVIII, Sec. 14 (f).
Marijuana, Medical Use. The acquisition, possession, production, use, or transportation of
marijuana or paraphernalia related to the administration of such marijuana to address the
symptoms or effects of a patient's debilitating medical condition, which may be authorized only
after a diagnosis of the patient's debilitating medical condition by a physician or physicians, as
provided by this section.
Marijuana, Personal Use. Notwithstanding any other provision of law, the following acts are
not unlawful and shall not be an offense under Colorado law or the law of any locality within
Colorado or be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-
one years of age or older:
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-22
A. Possessing, using, displaying, purchasing, or transporting marijuana accessories or one
ounce or less of marijuana.
B. Possessing, growing, processing, or transporting no more than six marijuana plants, with
three or fewer being mature, flowering plants, and possession of the marijuana produced
by the plants on the premises where the plants were grown, provided that the growing
takes place in an enclosed, locked space, is not conducted openly or publicly, and is not
made available for sale.
C. Transfer of one ounce or less of marijuana without remuneration to a person who is
twenty-one years of age or older.
D. Consumption of marijuana, provided that nothing in this section shall permit consumption
that is conducted openly and publicly or in a manner that endangers others.
E. Assisting another person who is twenty-one years of age or older in any of the acts
described in paragraphs (a) through (d) of this subsection.
Manufactured Home. A structure, transportable in 1 or more sections, which in the traveling
mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site,
is 320 square feet or more, and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning and electrical systems contained therein.
Manufactured Home shall also include any structure that meets all the requirements of this
definition except the size requirements, that complies with the standards established under by the
International Residential Code, and for which the manufacturer voluntarily files a certification
required by the HUD Secretary. For the purpose of this Code a Mobile Home shall be considered
a Manufactured Home.
Manufactured Home Park. Any site or tract of land under single ownership upon which 3 or
more Manufactured Homes, occupied or intended to be occupied, for single-family unit purposes.
A Manufactured Home Park does not include the use of land for the display and sale of
Manufactured Homes or for seasonal recreational use.
Manufactured Home Park or Subdivision, Existing. For Floodplain purposes, a
Manufactured Home Park or Subdivision for which the construction of facilities for servicing the
lots on which the Manufactured Homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of concrete pads),
is completed before the effective date of the Floodplain management regulations adopted by a
community.
Manufactured Home Space. A portion of ground within a Manufactured Home Park designated
for the permanent location of 1 Manufactured Home.
Mass Transit Facility. As it pertains to Article 14, a station or terminal constructed to provide
and facilitate passenger access and egress to a rapid or mass transit system, fixed guideways,
dedicated highway lanes restricted to use by only mass transit vehicles, restricted dedicated
flyovers, and restricted dedicated access to terminals or stations, or highway access and egress
facilities restricted to use only by mass transit vehicles.
Mass Transit System. A transportation system providing regular transportation to the general
public over 1 or more transit modes including, but not limited to, bus and rapid transit, but not
including charter, school bus, or sightseeing transportation.
Master Plan. See “Comprehensive Plan.”
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-23
Material Handling. To load and unload in bulk industrial or commercial goods, materials, and
product. Material Handling excludes extraction, processing, fabrication, or storage of such goods,
materials and products, and drill cuttings sites with a total volume of 100,000 cubic yards of fewer,
used exclusively for activities associated with Oil and Gas Drilling and Production. Material
Handling also excludes a transfer station for construction waste including wood, drywall, metals,
paper, plastic and other types of constructions materials.
Medical Marijuana. Marijuana that is grown or sold pursuant to the Colorado Medical Marijuana
Code, and for the purpose of assisting patients as authorized by Section 14 of Article XVIII of the
Colorado Constitution.
Medical Marijuana Patient. A person who has a debilitating medical condition that was
previously diagnosed by a physician and has properly obtained a registry card from the Colorado
Department of Public Health and Environment prior to engaging in the use of Medical Marijuana
as authorized by Section 14 of Article XVIII of the Colorado Constitution.
Mineral Estate. A mineral interest in real property that may be wholly or partially severed from
the surface estate of the subject property and, if severed, is shown by the real estate records of
the County consistent with C.R.S. § 24-65.5-102.
Mineral Waste Disposal Area. An area that the by-products of a mining operation are placed
for permanent disposal and reclamation.
Mineral. An inanimate constituent of the earth, in solid, liquid, or gaseous state, which, when
extracted from the earth, is usable in its natural form or is capable of conversion into usable form
as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing,
or a construction material. “Mineral” does not include surface or groundwater subject to
appropriation for domestic agricultural, or industrial purposes; or geothermal resources.
Mining Operation. The development or extraction of a mineral from its natural occurrences on
affected land using blasting, drilling and/or high impact technology. The term includes, but is not
limited to, open mining, in situ mining, surface operations, and underground mining. The term also
includes the following operations on affected lands: transportation; concentrating; milling;
evaporation; and other processing. The term does not include: the exploration, development and
extraction of oil and gas; the extraction of geothermal resources; or gravel operations subject to
regulation under Article 3 and Article 7, section 7-1002 of this Code. Mining Operations are
regulated pursuant to Article 14 of this Code.
Mine unit. A component of a Mining Operation including but not limited to processing, leaching
excavation, open pit, storage, stockpile or waste units.
Mineral resource area. An area designated on the official County Mineral Resource Area Map
pursuant to Article 14 of this Code and in which minerals are located in sufficient concentration in
veins, deposits bodies, beds, seams, fields, pools, or otherwise as to be capable of economic
recovery. “Mineral resource area” includes but is not limited to an area in which there has been
significant mining activity in the past, there is significant mining activity in the present, mining
development is planned or in progress, or mineral rights are held by mineral patent or valid mining
claim with the intention of mining.
Mitigation. As it pertains to Article 14, an action that will have 1 or more of the following effects:
A. Avoiding an impact by not taking a certain action or parts of an action;
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-24
B. Minimizing impacts by limiting the degree or magnitude of the action or its
implementation;
C. Rectifying the impact by repairing, rehabilitating, or restoring the impact area,
facility, or service;
D. Reducing or eliminating the impact over time by preservation and maintenance
operations; and/or
E. Compensating for the impact by replacing or providing suitable biological and
physical conditions and by replacing or providing suitable services and facilities.
Mobile Home. See “Manufactured Home.”
Modification. Any change to an existing land use that alters the nature, character, intensity or
extent of the use.
Motor Sports Center. A specifically-designated area, not intended for use only by a resident,
devoted to recreational or competitive activities by motorized vehicles including, but not limited
to, dirt bikes, ATVs, all classes of racing vehicles, motorcycles, and otherwise modified vehicles
for the purpose of having a race course, derby area, specialized tracks, hazards, obstacles,
ramps, or field appurtenances associated with such activities and inclusive of supporting facilities,
viewing areas, shielding, and parking.
Natural Gas Distribution. Pipelines, structures, and appurtenant facilities used for the
distribution of natural gas.
Natural Hazards. See “Hazards.”
Neighborhood. A geographical area having distinguishing characteristics or features; and/or a
community of people sharing site-based commercial, cultural, or educational resources; and/or a
community of people sharing access to an area and infrastructure; and/or an accumulation of
residents who self-define affinity through an association or interest group that is place-based.
The term “neighborhood” may define an area smaller or larger than what is encompassed in a
Development.
Net Effect. As it pertains to Article 14, the impact of an action after mitigation.
New Construction. Means, for the purpose of determining flood insurance rates, structures for
which the “Start of Construction” commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For Floodplain management purposes, “New Construction” means structures for
which the “start of construction” commenced on or after the effective date of a Floodplain
management regulation adopted by a community and includes any subsequent improvements to
such structures.
Noise Abatement. A level of mitigation for noise impacts, typically defined as either a reduction
of decibels of ambient noise received by a recipient, or a reduction in fluctuations of noise received
by a recipient.
Noise Barrier. A solid physical structure constructed between the source of existing or
anticipated noise and noise sensitive receivers, constructed of sufficiently dense materials that
will achieve a readily perceptible noise reduction and noise abatement between the source of the
noise and the targeted recipients of that noise.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-25
Noise Impact Boundary. The areas within 1,500 feet of an Airport Runway or within established
noise contour boundaries exceeding 55 Ldn.
Nonconforming Structure. A building or structure legally existing at the time of enactment of
this Code or lawful amendments to this Code that does not conform to the regulations of the zone
district in which it is situated.
Nonconforming Use. A use of land legally existing at the time of enactment of this Code or
lawful amendments to this Code that does not conform to the regulations of the zone district in
which it is situated or used.
Nondischarging Subsurface Disposal. A waste system where waste is placed in an
underground area where it is treated and absorbed into the ground at 1 location.
Nursery: An establishment engaged principally in the cultivation of and sale of trees, shrubs,
flowers, or other plants and where other directly related items, such as landscaping materials, are
stored and sold. Nursery operations may include greenhouses.
Obstruction. As it pertains to an Airport or Heliport, any structure or tree, plant, or other object
of natural growth that penetrates an Imaginary Surface.
Oil and Gas Drilling and Production. A COGCC-approved location utilizing equipment that
advances a borehole into substrata for the purpose of discovery, development, and/or production
of oil or gas, including all surface facilities associated with such operations. These facilities include
produced water pits or tanks and condensate tanks with a total tank volume of 5,000 barrels or
fewer, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring,
flowline, drill cuttings with a total volume of 100,000 cubic yards or fewer, and other equipment
directly associated with oil and gas wells. These facilities exclude all uses that are otherwise
specifically defined by this Code.
On-Site Wastewater Treatment System. A compartmentalized water treatment system
associated with an approved OWTS permit, previously called an ISDS permit. This system is
intended to treat, neutralize, stabilize, and dispose of sewage that is not part of or connected to a
sewage treatment works.
Open Space. Any land or water area that serves specific uses of providing park and recreation
opportunities, or conserving natural areas and environmental resources, or structuring urban
development form, or protecting areas of agricultural, archeological or historical significance.
Open Space shall not be considered synonymous with vacant or unused land or with a yard that
is part of a platted lot.
Operator. An oil and gas leaseholder, or the person exercising the right to control the conduct
of “oil and gas operations,” as that term is defined in C.R.S. § 34-60-103(6.5).
Optional Premises Cultivation Operation. A person who has been issued a Medical
Marijuana Center and/or infused product manufacturing license pursuant to the Colorado Medical
Marijuana Code, and who is licensed or seeking licensing to grow or cultivate Medical Marijuana
at a premises for the purpose of supplying its associated licensed center or infused product
manufacturer. Manufacturing of Marijuana-infused products and retail sales of Medical
Marijuana are expressly prohibited in unincorporated Garfield County, including at an Optional
Premises Cultivation Operation. The term “Optional Premises Cultivation Operation” does not
apply to the private cultivation of Medical Marijuana by a registered patient or primary caregiver
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-26
who is growing an amount medically necessary to address a debilitating medical condition as set
forth in Section 14(4) of Article XVIII of the Colorado Constitution.
Parcel. See “Lot.”
Park. Land retained in an open condition for recreational use.
Parking Lot or Parking Garage. A structure or a cleared area that is more or less level and is
intended for parking vehicles. Usually, the term refers to a dedicated area that has been
provided with a durable or semi-durable surface.
Peak Hour. A term used in traffic engineering and analysis quantifying that 60-minute period
when a segment of road or intersection experiences, or is projected to experience, the highest
traffic demand for through and turning movements in an average 24-hour period.
Permit. As it pertains to Article 14, a documented authorization for development in areas of
State interest or for an activity of State interest.
Permit Authority. As it pertains to Article 14, the Board of County Commissioners or its
designee.
Permitted Site. As it pertains to Temporary Employee Housing, a parcel of land, generally a
portion of a lot, designated for a commercial, industrial, mineral extraction, or highway operation
for which a Federal or State permit is issued. To meet the definition of Permitted Site, such permit
must grant the approval of the appropriate State or Federal agency for the commercial, industrial,
extraction, or highway activity(ies) and must require the provision of security for the reclamation
(including revegetation) of the site.
Person. Any individual, corporation, governmental entity, estate, trust, partnership, association,
or other legal entity.
Pipeline. Any conduit and appurtenant facilities designed for, or capable of, transporting natural
gas, other petroleum derivatives, or other liquid. Pipelines regulated, licensed, or permitted
under Federal regulations as interstate transmission lines, CDOT regulations as regulated
transmission pipelines, or State regulations as flowlines, are excluded from this definition.
Place of Worship. A building or location where persons regularly assemble for religious
worship, and which building or location is maintained and controlled by a religious body organized
to sustain public worship. A Place of Worship use may include Accessory Buildings and uses
such as a rectory, school, parish house, or parsonage.
Plat. A map with supporting statements of certain described land prepared in accordance with
Subdivision regulations as an instrument for recording of real estate interests with the County
Clerk and Recorder consistent with C.R.S. § 30-28-101(5).
Practical. Serving a logical and useful purpose as to dealing with natural constraints, costs,
benefits, and timeliness.
Premises. As it pertains to the regulation of Medical Marijuana, a distinct and definite location
that may include a building, a part of a building, a room, or any other definite contiguous area
used exclusively for an Optional Premises Cultivation Operation.
Primary Surface. See “Imaginary Airport Surfaces.”
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-27
Principal Use. See “Use, Principal.”
Processing. To subject to some special process or treatment as in the course of manufacture;
change in the physical state or chemical composition of matter; the second step in utilization of a
natural resource. Examples include petroleum refining, oil shale crushing, retorting and refining,
ore smelting, coal crushing and cleaning, saw mills, alfalfa pellet mills, food canning or packing,
creation of glass, ceramic or plastic materials, gravel crushing, cement manufacture batch plants,
refinery, and natural resource upgrade facility.
Project, Major. A project located in the County that will employ at any 1 time a total work force
of 200 or more employees
Project or Proposed Project. The planning, design, construction, and operation of an activity
or other development proposed under this Code throughout its life cycle, including all ancillary
structures, facilities, improvements, and activities, and all integrated components thereof, and any
proposed land use directly related to such project if such project is to be located wholly or partially
within the County.
Professional Office. An office or clinic for the provision of professional services including, but
not limited to, physicians, dentists, lawyers, realtors, architects, engineers, artists, musicians,
designers, teachers, accountants, governmental services, and others, who through training are
qualified to perform services of a professional nature.
Property. See “Lot.”
Public Building. Any activity that is primarily funded by a government or quasi-governmental
agency, provides significant benefit to the public and the surrounding area, is not conducted for
profit, and provides a commodity or service that could not be provided within a reasonable
distance of the surrounding area. Examples include public Airports and related facilities, public
hospitals and other emergency medical facilities, public meeting halls, public recreation facilities,
schools, and major facilities of a public utility.
Public Gatherings. Any group of 350 or more persons assembled for an event, meeting,
festival, social gathering, or other similar purpose for a period of time which exceeds 8 hours
within any 24-hour period.
Public Hearing. A meeting called by a public body, for which public notice has been given in
compliance with the provisions of this Code, and that is held in a place where the general public
may attend, with the principal purpose of receiving testimony or public comment on a specific
application or issue.
Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way,
landscaped Open Space, off-street parking area, lot improvement, or other similar facility that
benefits the public.
Public Meeting. Any meeting open to the public that meets the requirements of C.R.S. § 24-6-
401, et seq..
Public Services and Facilities. As it pertains to Article 14, those services and facilities provided
by a political subdivision of the State or by a Federal agency.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-28
Public Utility. A common carrier supplying electricity, wire telephone service, natural gas,
water, wastewater or storm water service, or similar public services.
Pure Live Seed. The percentage of seed that has the potential to germinate within a measured
1 pound weight of any seed lot.
Rapid Transit. As it pertains to Article 14, the element of a mass transit system involving a
mechanical conveyance on an exclusive lane or guideway, rail trackage, or monorail facility
constructed solely for that purpose.
Reach. A term to describe longitudinal segments of a river, creek, or other watercourse.
Recreation, Indoor. A building in which recreational activities such as bowling, roller skating,
or ice skating take place. Accessory offices, retail sales of equipment, and a restaurant/bar may
occupy the building.
Recreation, Outdoor. An area or facility that offers entertainment, recreation, or games of skill,
where any portion of the activity takes place outside and may include lighted areas for use after
dusk.
Recreational Vehicle. A unit primarily designed as temporary living quarters for recreation,
camping, or travel that either has its own mode of power or is mounted or drawn by another
vehicle.
Recycling Collection Center. A center for the acceptance and temporary storage of either
recyclable or organic materials to be transferred to a processing or composting facility.
Recycling Processing Facility. A facility where recyclable and organic materials are collected
and processed. Processing includes, but is not limited to, baling, briquetting, compacting,
flattening, crushing, mechanical sorting, shredding, and cleaning.
Regulations. As it pertains to Article 14, governing rules for areas and activities of State interest
as set forth in this Article 14.
Repair. To restore to a good condition or working order after decay, injury, etc.; restoration of a
damaged object to its original physical shape. Examples include automobile, equipment, and
appliance repair.
Residential Subdivision. The division of land into two or more parcels for the purpose, whether
immediate or future, of sale or of building development explicitly including, but not limited to,
residential uses.
Retail, Equipment, Machinery, Building Materials. An establishment for the retailing, renting,
or leasing of equipment, machinery and materials stored in an indoor or outdoor lumber yard.
Retail, General. An establishment for the retail sale of merchandise to the general public or the
provision of personal services to the public that includes, but is not limited to, an antique shop, art
gallery, grocery store, clothing and dry goods store, shoe store, sporting goods store, hardware
and paint store, drugstore, florist, furniture store, gift shop, hobby store, office supply store,
package liquor, pet store, resale store, electronics store, agricultural products retail outlet, and
mechanical and plumbing supply store.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-29
Retail, Vehicle and Equipment Sales. An establishment for the retail or leasing of vehicles and
equipment which is registered with the State.
Riding Stables. A defined improved area that may or may not be covered, within which
equestrian activities involving horse riding, day camps, therapy, training, practice, exhibition or
driving occur.
Riparian/Riparian Areas. Related to, living, or located on the bank of a natural watercourse or
lake. Riparian Areas include groups of plants, animals, and aquatic communities whose
presence is either directly or indirectly attributed to water-influenced or water-related factors.
Areas exempt from this definition are manmade agricultural structures and devices, including
irrigation ditches, sprinklers, and artificial ponds.
Road. A County road, State highway, public road, street or alley, or private thoroughfare which
affords primary access to abutting property, excluding a driveway accessing a single property.
Road, Private. A right-of-way constructed, established, owned, and maintained by a private
party for access exclusively to private property.
Road, Public. A public right-of-way that either has an historic and established prescription for
public passage and use, or a right-of-way that has been established by easement, deed, or plat
and dedicated to the use of the public. This term is not synonymous with “County Road.”
Road/Street Profiles. A drawing of an existing or proposed vertical section of a road, street, or
alley that may include curb, gutter, and sidewalk. It may be a true or exaggerated profile, and
may reflect either a centerline and/or both flow lines of a road, street, or alley.
Rubbish. Garbage and trash that causes or is likely to cause a public hazard or nuisance, or is
unacceptably offensive in light of community standards of cleanliness or generally accepted
neighborhood aesthetics, including, but not limited to, unwanted or discarded household items;
waste from building construction, remodeling, and repair including used lumber and building
materials; tree branches, grass and shrub clippings, leaves, or other general yard and garden
waste; newspapers, magazines, packaging materials, waste paper, or cardboard, boxes, crates,
and rags; dead animal carcasses; and any other unsightly or discarded material, including scrap
metal, scrap material, bottles, and tin cans.
Runoff. Precipitation that enters downstream waterways or properties.
Runway Protection Zone. See “Airport Imaginary Surfaces.”
Salvage Yard. A building, structure, or parcel of land used for the collecting, storage,
dismantling, salvage, recycling, demolition, or sale of material that is discarded, worn out,
dismantled, or unfit for its original intended use, or has deteriorated such that it is not useable, or
not safe or fit for human use or habitation.
Secondary Impact Area (Airport). The area located between 5,000 and 10,000 feet from an
Airport Runway or between 2,000 and 4,000 feet from a Heliport.
Service Area. As it pertains to Article 14, the primary geographic area to be served by the
proposed project.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-30
Service Road. As it pertains to Article 14, a street or road meeting County specifications running
parallel to a County, State, or Federal highway used to provide ingress and egress to a
development located adjacent to that highway.
Setback. The minimum horizontal distance between the front, rear, or side property line and/or
edge of Public Road, County Road, or Arterial Highway surface or edge of Public Road, County
Road or Arterial Highway right of way (e.g. easement), whichever is greater and the front, rear,
or side of a structure.
Sewage. A combination of liquid wastes that may include chemicals, house wastes, human
excreta, animal or vegetable matter in suspension or solution, or other solids in suspension or
solution, and that is discharged from a dwelling, building, or other structure.
Sewage Treatment Facility. A system or facility for treating sewage prior to discharge to an
absorption area, surface water, or other approved location, for which the system or facility has a
design capacity to receive 2,000 gallons of sewage per day or greater, and is regulated by the
CDPHE. The term “Sewage Treatment Facility” includes appurtenances such as interceptors,
collection lines, outfall and other sewers, pumping stations, and related equipment.
Sheetflow. An overland flow or downslope movement of water taking the form of a thin film over
smooth surfaces and not concentrated into pools or channels.
Shelter. As it pertains to Article 14, a building or structure designed primarily to provide a waiting
area for transit passengers.
Shooting Gallery. An enclosed target range for practice or competition with firearms.
Short Term Rentals. A residential dwelling unit that is rented for a period of one (1) year or less
including uses such as nightly, weekly, monthly or seasonal rental of homes, lock-outs, and
portions of homes consisting of 2 or fewer independent lodging units whether managed by a
lodging management agency or not.
Sign. Any written or pictorial representation, form, emblem, banner, figure, or similar character
that is:
A. A structure or part thereof;
B. Written, printed, projected, painted, constructed, or otherwise placed or displayed
upon or designed into a building canopy, awning, or vehicle;
C. Designed to attract attention and used as a means of identification or
advertisement; and
D. Not the American flag.
Sign Area. The sum area of the surface of each plane, regardless of the shape, within the
outermost edge or border of the plane of a sign. The computation of freestanding letters not
attached to a surface or plane shall be made by determining the area enclosed within the smallest
geometric figure needed to completely encompass all of the letters, words, insignias, or symbols.
Sign, Business. A sign that identifies and directs attention to the business, service or
profession, or activities conducted.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-31
Sign, Construction. A temporary sign identifying a Subdivision, development, or property
improvement by builder, contractor, or other person furnishing materials, labor, or services to the
premises.
Sign Face. The surface of a sign upon, against, or through which the message is displayed or
illustrated.
Sign, Freestanding. A sign, not attached to a building, that is supported by 1 or more columns,
uprights, or poles extended from the ground or from an object on the ground, or a sign that is
erected on the ground.
Sign, Ground. A type of freestanding sign that is erected on the ground and that contains no
unrestricted or open space between the ground and the top of the sign.
Sign, Identification. Signs that include name plates, signs, or symbols establishing the identity
of a building; combination of name and street addresses; landmark or natural features; and
plaques that are an integral part of the structure.
Sign, Ideological. A sign expressing philosophical concepts, including religious and political
signs.
Sign, Joint Identification. A sign that serves a common or collective identification for 2 of more
businesses or industrial uses.
Sign, Portable. Any sign not permanently attached to the ground or to any structure.
Sign, Projecting. A sign attached to a building and extending in whole or in part horizontally
beyond the surface of the building to which the sign is attached.
Sign, Real Estate. A sign indicating the availability for sale, rent, or lease of a specific lot or
building.
Sign, Roof. Any sign erected upon, against, or directly above a roof.
Sign, Suspended. A sign suspended from the ceiling of an arcade, marquee, or canopy.
Sign, Temporary. Any sign, banner, pennant, valance, or advertising display constructed of
cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames,
intended to be displayed for a limited period of time only.
Sign, Wall. A sign displayed upon or against the wall of a building where the exposed face of
the sign is in the plane parallel to the lane of the wall.
Significantly Degrade. As it pertains to Article 14, to lower in grade or desirability to a
significant, as opposed to a trifling, degree.
Single-Family Equivalent. Measurement used to compare water usage of various land uses;
1 Single-Family Equivalent equals 350 gallons of water per day, regardless of the type of use.
Site. See “Lot.”
Site Selection, Airport or Heliport. As it pertains to Article 14, the process for determining the
location of Airports or Heliports, or the substantial expansion or relocation of an existing Airport
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-32
or Heliport, by a recognized and bonafide agency or authority, the County, the State, or the
Federal government or any subdivision of each.
Site Selection, Rapid or Mass Transit Facility. As it pertains to Article 14, the process for
determining the location of Rapid or Mass Transit Facilities or the substantial expansion or
relocation of an existing facility, by a recognized and bonafide mass transit agency or authority,
the County, the State, or the Federal government, or any subdivision of each, or any private entity
or person.
Site Specific Development Plan. The approved plan that has been submitted to the County to
establish a vested right pursuant to C.R.S. Title 24, Part 1 of Article 68, as amended, and set forth
in Article 1.
Slope. Rise versus run ratio for a specified distance.
Solar Energy System, Accessory. A device and/or system that converts the sun’s radiant
energy into thermal, chemical, mechanical, or electric energy and is a maximum of 2,500 sq feet
or 10% of the total lot size, whichever is less. Ground mounted systems will be measured by
drawing a box around the perimeter of the Solar System and calculating the resulting area. Roof
mounted systems’ areas will be calculated by the sum of all solar panels’ areas.
A device and/or system that has a combined name plate DC rating of less than 15 kilowatt and
includes the equivalent kilowatt measurement of energy for systems other than photovoltaic that
converts the sun’s radiant energy into thermal, chemical, mechanical, or electric energy.
Solar Energy System, Large. A device and/or system that converts the sun’s radiant energy
into thermal, chemical, mechanical, or electrical energy and is greater than 43,560 sq ft (1 acre)
in total size. Ground mounted systems will be measured by drawing a box around the perimeter
of the Solar System(s) and calculating the resulting area. Roof mounted systems’ areas will be
calculated by the sum of all solar panels’ areas. has a combined name plate DC rating of greater
than 500 kilowatt and includes the equivalent kilowatt measurement of energy for systems other
than photovoltaic that converts the sun's radiant energy into thermal, chemical, mechanical, or
electric energy.
Solar Energy System, Small. A device and/or system that converts the sun’s radiant energy
into thermal, chemical, mechanical, or electrical energy and is 2,500 sq feet to 43,560 sq ft (1
acre). Ground mounted systems will be measured by drawing a box around the perimeter of the
Solar System(s) and calculating the resulting area. Roof mounted systems’ areas will be
calculated by the sum of all solar panels’ areas. has a combined name plate DC rating of 15
kilowatt to 500 kilowatt and includes the equivalent kilowatt measurement of energy for systems
other that photovoltaic that converts the sun’s radiant energy into thermal, chemical, mechanical,
or electrical energy.
Solid Waste. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment
plant, air pollution control facility, or other discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from industrial operations, commercial operations, or
community activities. Solid waste does not include any solid or dissolved materials in domestic
sewage, agricultural wastes, solid, or dissolved materials in irrigation return flows, or industrial
discharges that are point sources subject to permits under the provisions of the Colorado Water
Quality Control Act, C.R.S., Title 25, Article 8, or materials handled at facilities licensed pursuant
to the provisions on Radiation Control Act, C.R.S., Title 25, Article 11,. Solid waste does not
include: (a) materials handled at facilities licensed pursuant to the provisions on radiation control
in C.R.S., Title 25, Article 11; (b) excluded scrap metal that is being recycled; or (c) shredded
circuit boards that are being recycled.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-33
Solid Waste Disposal. The storage, treatment, utilization, processing, or final disposal of Solid
Wastes.
Solid Waste Disposal Site and Facility. The location and/or facility at which the deposit and
final treatment of solid wastes occur.
Solid Waste Transfer Facility. A facility at which wastes awaiting transportation to a Solid
Waste Disposal Site and Facility are transferred from 1 collection vehicle to another.
Special District. Quasi-municipal corporation established under State statute to provide public
facilities or services.
Special Flood Hazard Area. The land in the Floodplain within a community subject to a 1
percent or greater chance of flooding in any given year, i.e., the 100-year Floodplain.
Statement of Authority. An instrument executed on behalf of an entity that identifies the name
and position of the person authorized to convey, encumber, or otherwise affect title to real property
on behalf of the entity. The instrument must comply with the requirements set forth in C.R.S. §
38-30-172(2)(d), and it must be recorded with the County Clerk and Recorder. The County may
accept other documentation identified in C.R.S. § 38-30-172 in lieu of a Statement of Authority.
Station or Terminal. As it pertains to Article 14, a facility constructed to provide and facilitate
passenger access to and from airplanes or a rapid or mass transit system, including areas
necessary for vehicle operations, parking areas for commuters, and roadways connecting to the
general road and street system of Garfield County. Dedicated Park-and-Ride Facilities with 50
or more parking spaces shall be deemed stations or terminals for the purposes of this Code, with
or without a shelter facility. Shelters alone, or as part of traditional bus stops and pull-outs lacking
50 dedicated spaces, are not considered stations or terminals for the purposes of this Code.
Start of Construction. Includes Substantial Improvement and means the date the Building
Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the permit date. The actual
start means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a Manufactured Home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for
basement, footings, piers or foundations or the erection of temporary forms; nor does it include
the installation on the property of Accessory Buildings, such as garages or sheds not occupied
as dwelling units or not part of the main structure. For a Substantial Improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or other structural part of
a building, regardless if that alteration affects the external dimensions of the building.
Storage. An area used for storing machinery, equipment, minerals or other products that may
have accessory uses such as an office used for administrative or security purposes. Storage
may include a laydown yard as generally associated with oil and gas operations.
Storage, Cold Storage Plants. The storage of goods in an artificially cooled place for
preservation.
Storage, Hazardous Materials. The act of storing hazardous waste that requires a special
State or Federal permit.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-34
Storage, Mini. Self-storage facilities composed of real estate with buildings divided into self-
storage spaces that are rented to rental space tenants on a monthly basis for the purpose of
storing tenant property only.
Street. See “Road”.
Structure.
A. A combination of materials forming an edifice or building of any kind, or any piece
of work artificially built up or composed of parts joined together in some definite
manner. A walled and roofed building, including a gas or liquid storage tank,
which is principally above ground, as well as a Manufactured Home.
B. As it pertains to the Airport/Heliport Influence Area Overlay and Article 14, any
constructed or erected object that requires location on the ground or is attached to
something located on the ground. Structures include, but are not limited to,
buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks,
earth formations, and overhead transmission lines. Structures do not include
paved areas.
Structure, Accessory. A subordinate structure such as a fence, hedge, or wall, located on the
same lot as the principal structure, the use of which is incidental to the principal use.
Subdivider. Any person, firm, partnership, joint venture, association, or corporation participating
as owner, promoter, developer, or sales agent in the planning, platting, development, promotion,
sale, or lease of a Subdivision.
Subject Parcel. The property that is legally described in the County Clerk and Recorder’s Office
on which the project is located.
Subject Site. The specific area within the subject parcel that is subject to a land use change
permit.
Substantial Damage. Damage of any origin sustained by a structure whereby the cost of
restoring the structure to the condition before damage would equal or exceed 50% of the market
value of the structure before the damage occurred.
Substantial Improvement. Any repair, reconstruction, or improvement of a building or other
structure, the market value of which equals or exceeds 50% of the market value of the structure
either before the improvement or repair is started, or if the structure has been damaged and is
being restored, before the damage occurred. The term “Substantial Improvement” does not
include: any improvement of a structure to comply with existing State or local health, sanitation,
safety, or building code specifications that are solely necessary to assure safe living conditions;
and any alteration of a structure listed on the National Register of Historic Places or on the
Colorado State Historical Society’s list of historic places.
Substantial Modification, Structural. A change that significantly alters the impacts and/or
character of a structure, development, or activity.
Substantial Noise Reduction. A reduction in at least 5 dBA for the intended recipients of the
Project and/or to reduce the fluctuation in sound for the recipients well below a 30 dBA fluctuation
in ambient noise.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-35
Substation, Neighborhood. Any facility used for the purpose of reducing voltages to levels of
less than 69 kilovolts for distribution to individual users.
Substation, Utility. Any facility designed to provide switching, voltage transformation, or
voltage control required for the transmission of electricity 69 kilovolts or greater.
Survey Monument. Iron, brass, or aluminum shaft a minimum of ½ inch in diameter with a 24-
inch minimum length set in concrete at least 5 inches in diameter and located in the ground at all
points on streets, alleys, or boundary lines where there is a change in direction or curvatures.
Tailings. Finely crushed and ground rock residue and associated fluid discharged from an ore
milling, flotation beneficiation and concentrating process.
Telecommunication Facility. A noninhabitable structure supporting antennas and microwave
dishes that sends and/or receives radio frequency signals, including television and date impulses
through space by means of electromagnetic waves. Telecommunication Facilities include
structures or towers, and Accessory Buildings. Individual/personal direct-to-home satellite
services are not included in the definition of Telecommunication Facility.
Temporary Employee Housing Facility. During times of housing shortage or in remote
locations, the use of Factory Built Nonresidential Structures (as defined under C.R.S. § 24-32-
3301, as amended, and Resolution #35 of the Colorado State Housing Board) utilized for a period
of time not longer than 1 year or as otherwise specified, for workers who are engaged in
commercial, industrial, mineral extraction, or highway operations and who are needed to support
the proper execution and safety of the related operations. Temporary Employee Housing, shall
not include Recreational Vehicles, except in a Small Facility.
Temporary Housing Facilities, Major. Major Temporary Employee Housing Facilities, also
referred to as “Major Facilities,” shall have at least 1 of the following basic characteristics:
Major Facilities or any associated infrastructure (including ISDS) that are not completely
contained within a State or Federally-regulated parcel (such as a Colorado Oil and Gas
Conservation Commission (COGCC)-approved oil/gas well pad) in which reclamation and
revegetation standards are guaranteed by contract with the permitting agency;
A. The Major Facilities are to be located at the Permitted Site for more than a
cumulative of 1 year; or
B. The Major Facility has occupancy of 25 people or more who are employees,
contractors, or subcontractors of the operator of the Major Facility and are
supporting proper execution and safety of the related commercial, industrial,
extraction, or highway operations.
Temporary Housing Facilities, Minor. Minor Temporary Housing Facilities, also referred to as
“Minor Facilities,” shall have all of the following basic characteristics:
A. The Minor Facility and any associated infrastructure must be completely contained
within a State or Federally-permitted parcel (i.e. COGCC-approved oil/gas well
pad) in which reclamation and revegetation are secured with the permitting agency
(Permitted Site);
B. The Minor Facility is located at the Permitted Site for less than a cumulative of 1
year; and
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-36
C. The Minor Facility shall have occupancy of 9 to 24 people who are employees,
contractors, or subcontractors of the operator and are supporting the proper
execution and safety of the related commercial, industrial, extraction, or highway
operations.
Temporary Housing Facilities, Small. Small Temporary Housing Facilities, also referred to as
“Small Facilities,” shall have all of the following basic characteristics:
A. The Small Facility and any associated infrastructure must be completely contained
within a State or Federally-permitted parcel (such as a COGCC-approved oil/gas
well pad) in which reclamation and revegetation are secured with the permitting
agency (Permitted Site);
B. The Small Facility is located at the Permitted Site for less than a cumulative of 1
year and at the end of the utilization period, all structures, foundations, and
associated infrastructure are completely removed; and
C. The Small Facility shall have an occupancy of 8 or fewer people who are
employees, contractors, or subcontractors of the operator of the small facility and
are needed for on-site safety of the related commercial, industrial, extraction, or
highway operation.
Temporary Employee Housing Operator. The individual or entity that is the permitee under
the State or Federal permit for the Permitted Site and is, therefore, legally responsible for
installation, hook-up, operation, and removal of Factory Built Nonresidential Structures (as
defined under C.R.S. § 24-32-3301 and Resolution No. 35 of the Colorado State Housing Board)
and/or Recreational Vehicles and all associated infrastructure used in a Small, Minor, or Major
Temporary Employee Housing Facility.
Theatre, Indoor. The whole or part of a building used for housing dramatic presentations, stage
entertainments, or motion-picture shows.
Townhome. See “Dwelling, Multi-Unit.”
Tract. See “Lot.”
Trail. A linear pathway across land used for recreational, transportation, and pedestrian
purposes.
Transfer Station. A facility for the temporary deposit of waste. Transfer stations are often used
as places where local waste collection vehicles will deposit their waste cargo prior to loading into
larger vehicles. These larger vehicles will transport the waste to the end point of disposal or
treatment.
Transient Aircraft. Fixed or rotary-wing aircraft that use an Airport or Heliport landing strip or
Helistop, but do not use it as a home base.
Transitional Surface. See “Airport Imaginary Surfaces.”
Transitional Housing. See “Group Home Facility.”
Transportation Corridor. As it pertains to Article 14, any County or municipal street or road,
any State or Federal highway, and any railroad operating as a common carrier.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-37
Trip Generation. The measurement of vehicle usage to and from a destination created by a
specific land use.
Typical and Ordinary High Water Mark. The point on the bank or shore of a Waterbody up to
which the presence and action of the water is so continuous as to leave a distinct mark either by
erosion, destruction of terrestrial vegetation, or other easily recognized characteristic. Water
marks are often at various elevations, but the most permanent and prevalent marks constitute the
TOHWM. The TOHWM does not change with temporary fluctuations in water levels, nor is it
always at or near open water, as is the case with cattail marshes, bogs, and Wetlands. In the
event that a waterbody holds water for 10 or more months per year and does not display notable
signs of a TOHWM, the TOHWM shall be measured from the center of the waterbody course.
Unsafe Structure. A structure or building that, in the determination of the Director or Building
Official, is:
A. In a condition presenting a substantial danger or hazard to public health, safety, or
welfare; and/or
B. Is a dilapidated building which is unused by the owner or uninhabited because of
deterioration or decay, and constitutes a fire hazard or subjects adjoining properties to a
danger of damage by storm, soil erosion, or rodent infestation, or is a place frequented by
trespassers and transients seeking a temporary shelter or hideout.
Unstable or potentially unstable slope. An area susceptible to a landslide, a mudflow, a rock
fall, or accelerated creep of slope-forming materials.
Urban Growth Area. A boundary line portrayed on a map and drawn around a municipality
within which the municipality expects to accommodate future urban growth, as certified to the
County by the governing body of the municipality. It is expected that land within Urban Growth
Areas will be developed in an urban pattern, urban services will be provided by the municipalities,
and the area will eventually be annexed, based upon a maximum 20-year growth period.
Use. The purpose or activity for which a parcel of land, a building, or structure is designed,
arranged, or intended, or for which it is occupied or maintained.
Use, Accessory. A use that is customarily supportive, secondary, and subordinate to a principal
use on the same parcel.
Use, Commercial. Any use or activity primarily devoted to business, such as the purchase, sale,
lease or exchange of goods, and/or the provision of services.
Use, Industrial. Uses engaged in processing or manufacturing of materials from either
extracted or raw materials or from previously prepared materials resulting in a new product
designed for wholesale or retail sale.
Use, Principal. The primary purpose or function for which a parcel or structure is used, which
may include multiple uses.
Utility Distribution Facility. Any gas or electric line other than gas gathering, transmission
lines, or electrical transmission lines as defined herein (utilized for the local distribution of gas or
electric service), telephone or telegraph line, cable television line, water line, sewer line, or
neighborhood substations.
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-38
Utility Storage Area. See “Storage.”
Vehicle Repair, Body/Paint, or Upholstery Shop. See “Repair.”
Vehicle Safety Area, Large. An area outside of the public right-of-way greater than 4 acres in
size utilized for vehicle preparation in the event of inclement weather. The area may be used for
the application of snow-chains/mud-chains, equipment inspections, and other vehicle safety
related activities.
Vehicle Safety Area, Small. An area outside of the public right-of-way 4 acres or less in size
utilized for vehicle preparation in the event of inclement weather. The area may be used for the
application of snow-chains/mud-chains, equipment inspections, and other vehicle safety related
activities.
Warehouse and Distribution Center. A building used primarily for the inside storage and
distribution of goods and materials, including land and buildings used as a relay station for the
transfer of goods from 1 vehicle or party to another; and the parking and storage of tractor and/or
other trailer units.
Water Impoundment. Confined water such as surface pits or ponds, wastewater treatment
settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds
(not related to agriculture), and produced water and condensate tanks. Water impoundment
excludes tanks with a total tank volume of 5,000 barrels or fewer used exclusively for activities
associated with Oil and Gas Drilling and Production, and Injection Wells.
Water Reservoir. A natural or artificial place where water is collected and stored for use,
especially water for supplying a community, irrigating land, and furnishing power.
Water Supply Entity. A municipality, county, special district, water conservancy district, water
conservation district, water authority, or other public or private water supply company that
supplies, distributes, or otherwise provides water at retail, as provided in C.R.S. § 29-20-302(2).
Water Tank or Treatment Facility. A facility exceeding 50,000 gallons or more for purifying,
supplying, and holding water related to supply drinking water or raw water irrigation.
Waterbody. Accumulations of water such as water reservoirs, lakes, ponds, and Wetlands, as
well as rivers, streams, and other geological features where water moves from one place to
another at least 10 months per year. “Waterbody” does not include irrigation ditches used for the
sole purpose of agriculture, and water impoundments, water features used for fire protection, or
other man-made ponds, fountains, or related constructions.
Waters of the State. Waters within the State of Colorado that are subject to various regulatory
programs and other State laws.
Weeds and Brush. Any underbrush, brush, shrub, or plant material greater than 12 inches in
height that ordinarily grows without cultivation, not in planting beds or otherwise in a controlled
manner, and not for the purpose of food production.
Wetland. An ecosystem that depends on constant or recurrent, shallow inundation, or saturation
at or near the surface of the substrate. The minimum essential characteristics of a Wetland are
recurrent, sustained inundation or saturation at or near the surface, and the presence of physical,
chemical, and biological features reflective of recurrent, sustained inundation or saturation.
Common diagnostic features of Wetlands are hydric soils and hydrophytic vegetation. These
GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-39
features will be present except where specific physicochemical, biotic, or anthropogenic factors
have removed them or prevented their development.
Wildfire Hazards Map. The official map of wildfire hazards in Garfield County adopted by the
BOCC.
Wildlife Habitat. That natural or manmade environment that contains the elements of food,
shelter, water, and space in a combination and quantity necessary for the survival of 1 or more
wildlife species.
Wildfire hazard means. A wildfire phenomenon which is adverse to past, current, or foreseeable
construction or land use constituting a significant hazard to public health and safety or to property.
The term includes but is not limited to:
a. Slope aspect;
b. Wildfire behavior characteristics; and
c. Existing vegetation type.
Wind Energy System. Equipment that converts and then stores or transfers energy from the
wind into usable forms of energy.
Wind Energy System, Commercial. A wind energy system that is operated primarily (51% or
more) to put energy into the electric grid, has a nameplate capacity of more than 100 kilowatts, a
total height of more than 175 feet, and/or a blade length of more than 30 feet.
Wind Energy System, Small. A wind energy system that is used to generate electricity; has a
nameplate capacity of 100 kilowatts or less; and/or has a total height of 175 feet or less.
Yard. The area between a property line and the required setback.
Zone District. A geographical area that allows certain permitted uses and can separate one set
of land uses from another.