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Planning

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1. Oil and Gas Fast Facts

Property Rights and Interests
Property rights: each tract of land contains a set of rights or interests as it relates to use or development. Among those interests are ownership of rights related to development of the surface of the land, and access to the minerals, such as oil, gas, sand and gravel, that exist below the surface of the property. Other examples of property rights could include water rights and air space above the property.
Surface rights: the use of the surface of a property is typically governed by zoning codes which set out allowed development (such as residential or commercial) as well as many design requirements (location, size and design of buildings, landscaping, etc.).
Mineral interests: property rights also include the ability to extract minerals that may exist under the surface of the ground, such as sand, gravel, oil and gas. While local zoning codes also regulate the manner in which minerals can be extracted, there are also stronger State laws which govern mineral extraction. Because it is difficult and sometimes impossible to access minerals once the surface above those minerals is developed, State rules provide certain protections that promote the extraction of minerals before surface development occurs. The Colorado Oil and Gas Conservation Commission (COGCC) regulates and oversees the extraction of minerals.
Severed property rights: as tracts of land are subdivided and sold, it is possilbe and in fact common, that some of the individual interests are 'severed' and sold or transferred separately. For example, water rights are often attached to parcels of land. When those properties are developed, the water rights are often transferred to a government or water district which takes the "raw" water from the undeveloped parcel and then treats it. It is very common for a property to sever and sell its mineral interests separately from the surface use. Historically, the development of the surface area of a property holds the greatest value since it is costly and difficult to extract minerals on a lot by lot basis. However in more recent times, the value of oil and gas has increased to the point that active mineral drilling is common. Oil and Gas Facts and FAQs

2. What is the current status of the oil and gas issue in Lafayette?

On September 4, 2012, City Council was presented with a workshop on Hydraulic Fracturing. This workshop was intended to brief the Council on: 1) how the Development and Zoning Code, Section 26, regulates Oil and Gas drilling within the city limits; 2) the location of existing wells within the city limits; 3) the Colorado Oil and Gas Commission's rules and regulations; and 4) how other cities regulate oil and gas drilling.
The City's Development and Zoning Code, Section 26-22.1, Oil and Gas Development was adopted in 1994. Since Section 26-22.1 was adopted, no new oil and gas wells have been drilled within the city limits.
At the September 4, 2012 City Council workshop, City Council directed staff to review Section 26-22.1, research how other jurisdictions regulate oil and gas wells, and propose updates if staff determines deficiencies with the Code exist. Council also directed the City Attorney to draft an emergency moratorium ordinance. If, while staff is in the process of reviewing and proposing changes to the Code, an application for an oil and gas well is anticipated, staff would alert City Council, and Council could adopt the emergency moratorium.
Since the City Council workshop, the Colorado Oil and Gas Commission (COGCC), recently updated their regulations to: 1) require ground water testing prior to, and after, drilling a new oil and gas well; 2) require increased setbacks of oil and gas wells from homes and building to 500 feet; 3) require enhanced drilling measures for oil and gas wells within 1,000 feet of a home. At the January 15, 2013 City Council meeting, Senator Matt Jones, and Representative Mike Foote, talked about their belief that the COGCC's updated regulations may not appropriately regulate oil and gas wells. They stated that they believe the state legislature may adopt additional regulations, in this year's legislative agenda. Based on this fact, staff is waiting to see if any new state regulations will be adopted, prior to recommending any amendments to Lafayette's current regulations. Oil and Gas Fast Facts and FAQs

3. Oil and Gas Frequently Asked Questions

View the Oil and Gas Fast Facts and FAQs Handout to review some of the common questions regarding oil and gas approval, fracking, setback requirements, well locations and more. Oil and Gas Fast Facts and FAQs

4. How do I find out what the zoning is on my property?

To find out what a particular property is zoned you may either:

• Call the Zoning Request Line at either 303-665-5588 x3590 or contact us with the property’s address and a planner will return your call or email within 24 hours
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  Review the Zoning District Map online
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  Stop by the Community Development Department at City Hall and review the map in person - Hard copies of the map are also available for purchase; a property’s zoning dictates allowable uses and certain building restrictions

5. What is planned for the vacant property near my residence?

The City of Lafayette maintains two maps that guide and direct development: the Comprehensive Plan Land Use Plan Map and the Zoning District Map.

The Land Use Plan Map designates the existing or potential future use of the property as residential, commercial, industrial, mixed-use, existing or proposed open space, floodplain, etc. The Zoning District Map includes zoning district designations for all property within the city limits and dictates allowable uses and certain building restrictions. By using these two maps one can determine what type of land uses are, or might be, allowed on property within the city limits, or on property outside of the city limits.

For additional information about a specific piece of property or potential development, please contact the Planning Division at 303-665-5588, extension 3329.

6. What should I do when I receive a public hearing notice?

A public hearing is a process that is intended to provide members of the public an opportunity to bring information to the attention of the Planning Commission and/or the City Council on matter concerning land development or other public interests. If and when you receive a public hearing notice or see a public hearing sign posted on a property you may:

• Call the phone number listed on the public notice to speak directly with the staff contact for additional information on the project
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  Review the application materials on file at the Community Development Department, or other appropriate city department
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  Mail, fax (303-665-2153) or contact us with your written comments concerning the project or issue to the Community Development Department
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  Appear before the Planning Commission and/or the City Council to give oral testimony on the day of the public hearing