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Protect Act Local Government Authority Oil & Gas Facilities

Concerning the ability of a local government to exercise land use authority over oil and gas facilities used in oil and gas operations in a manner analogous to the siting of other industrial facilities, and, in connection therewith, enacting the "Protect Act".
2018 Regular Session
Bill Summary

Section 1 of the bill specifies that the short title of the act is the 'Protect Act'.

Current law specifies that local governments have powers, commonly called 'House Bill 1041' powers, which are a type of land use authority, over oil and gas mineral extraction areas only if the Colorado oil and gas conservation commission has designated a specific area as an area of state interest; sections 3 and 4 repeal that limitation.

Section 5 includes specific authority to regulate the siting of oil and gas facilities in counties' existing land use authority. Section 6 makes the same changes with regard to municipalities' existing land use authority.

Sections 7 and 8 specify that the Colorado oil and gas conservation commission's authority to regulate oil and gas operations, including the siting of oil and gas facilities, does not exempt an oil and gas facility from a local government's siting authority and that an oil and gas operator must ensure that the location of an oil and gas facility complies with city, town, county, or city and county siting regulations.

Sections 5, 6, and 8 specify that, notwithstanding any other provision of law, the governing body of a municipality and a board of county commissioners may, in order to protect the public safety, health, and welfare of the citizens of the local government, plan, zone, and refuse to allow oil and gas operations.

(Note: This summary applies to this bill as introduced.)




Bill Text


Sponsor Type Legislators
Prime Sponsor

Sen. M. Jones
Rep. M. Foote



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