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Weld County OKs first reading to raise some building setbacks from oil and gas sites, 3-2

October 20, 2025 | Weld County, Colorado


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Weld County OKs first reading to raise some building setbacks from oil and gas sites, 3-2
Weld County commissioners on Monday adopted on first reading Ordinance 2025‑15, which revises parts of Chapter 23 of the Weld County Code to change setback distances between some buildings and existing oil and gas infrastructure.

The ordinance, approved on a 3‑2 roll‑call vote, increases the required distance between unoccupied buildings and plugged or abandoned wells from 50 feet to 75 feet and requires that unoccupied buildings be 75 feet from active oil and gas facilities. The 250‑foot setback for occupied buildings from active oil and gas facilities remains unchanged.

Planning staff said the amendment replaces the term “building unit” with a reference to “buildings with occupiable space” as defined in the building code, a change staff said will better align the zoning language with the International Building Code and clarify applicability for new construction. Jim Fleisher of Planning Services explained the intent during the public hearing, saying the ordinance targets new buildings being sited near existing oil and gas facilities.

Opposition on the board centered on property‑use and fairness concerns. Commissioner Jason Maxey said he remained opposed, arguing the larger setback further restricts landowners who have wells on their property and questioned the need for substituting the long‑used “building unit” term. Commissioner Scott James likewise voted no and said he wanted more information from external agencies before final consideration.

Board members who supported the first reading pointed to safety and technical recommendations discussed at prior work sessions. Brett Kavanaugh, Weld County’s Oil and Gas director, told the board the county had discussed guidance from OSHA as a recommended safe distance rather than an enforceable federal standard; Kavanaugh offered to resend the email with that guidance to the commissioners for review before second reading.

The motion for first reading was made by Commissioner Kevin Ross and seconded by Commissioner Jason Maxey. Roll call on the ordinance: Jason Maxey — no; Lynette Peppler — yes; Kevin Ross — yes; Scott James — no; Perry Buck — yes. The board approved first reading 3‑2. Second reading and final adoption remain pending and were not held at Monday’s meeting.

Because this was a first reading, no change to county code is final. Commissioners asked staff to supply additional documentation, including the OSHA guidance referenced during the work sessions, ahead of the second reading.

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