Living In » Energy, Equity, and the Environment

Oil & Gas Operations

Colorado is well-known for its natural resources and history of oil and gas exploration. The city’s priorities regarding oil and gas development are to minimize impacts and maximize protections for the community.  The city's land development code and participation in the state's local government designee program offer a layered approach to protect the interests of the community and the rights of private developers.

View the city's oil and gas news feed

See applications and activity for possible drilling sites in Commerce City

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Revised City Regulations

The city spent about two years working to update its comprehensive oil and gas regulations in the Land Development Code (LDC) to adopt regulations that are more reflective of current regulatory trends and industry best practices.

Ordinance 2266: Revised oil and gas regulations - adopted March 15, 2021

The revised regulations were drafted considering many factors, including feedback from the public and other stakeholders, recent changes in state law and regulatory agencies, scientific studies, legislative actions taken by other jurisdictions, and extensive oil and gas Best Management Practices (BMPs) focused on protecting health, safety, welfare, quality of life, and the environment.

Initially presented in fall 2019, code updates were refined with additional feedback from city council and stakeholders, including regulatory and government agencies, industry representatives, advocacy groups, and the city’s oil and gas focus group. The city held two public open houses about the draft regulations in Oct. 2019.

Read more about this process and how the regulations were created

Adoption Process

Updated city oil and gas regulations were presented to the Planning Commission and City Council as ordinance 2266.

  • May 29, 2020 - Public comment deadline
  • June 8, July 21, July 27, 2020 - Discussion at City Council Study Sessions
  • Jan. 5, 2021 - Planning Commission voted 5-0 to recommend approval of Ordinance 2266
  • Feb. 11, 2021 - Ordinance 2266 approved by City Council on first reading (7-2 vote)
  • March 15, 2021 - Ordinance 2266 approved by City Council on second reading (6-2 vote)

To compare the revised regulations to the city's previous regulations, review this document showing the revisions as redlines. Note: Exhibits G and I from ordinance 2266 are new additions to the regulations and are NOT reflected in the previous regulations.

Public Comment Period - Spring 2020

Between March 10 and May 29, 2020, members of the public submitted more than 200 written comments on the proposed regulations using an online form.

All public comments submitted online

Public comment letters received

Staff responses to public comments

The city hosted a virtual town hall on May 7, 2020 to help residents learn more and ask questions about the regulations. Members of the public submitted written and live questions during the meeting, which was conducted online and by phone with about 60 attendees. Live Spanish interpretation was also offered.

*Note: questions/statements from the town hall were NOT entered in the record for the public comment period.

Regulating Oil and Gas

In Colorado, oil and gas development is regulated by the Colorado Oil and Gas Conservation Commission (COGCC), a division of the Colorado Department of Natural Resources. COGCC manages all below-ground aspects of oil and gas drilling and conducts the state permitting process. Operators must obtain permits from both the COGCC and the city through separate processes before any new activity can begin. Learn more about the COGCC regulatory process

The city regulates surface-level oil and gas activities related to drilling within Commerce City limits. The Land Development Code (LDC) requires operators to obtain an oil and gas permit and execute an extraction agreement with the city for each individual well pad prior to operations beginning. The LDC also regulates plugging and abandonment of existing well sites in the city.

Related city documents:

COGCC Rulemaking

The passage of Senate Bill 19-181 in April 2019 changed the way oil and gas operations are regulated by the Colorado Oil and Gas Conservation Commission (COGCC). A series of rulemakings are occurring to update state regulations to fit the new law. The City of Commerce City has joined as a party to the following rulemakings:

COGCC Mission Change Rulemaking

Senate Bill 19-181 changed the COGCC's mandate from "fostering oil and gas development " to "regulating oil and gas development in a reasonable manner to protect and minimize adverse impacts to public health, safety, and welfare, the environment and wildlife resources." This rulemaking will change the regulations governing the commission, as well as application requirements, setback regulations, and other operational requirements for operators. Additionally, Commerce City signed on with numerous local governments and public water suppliers to provide recommendations regarding groundwater protections.

Commerce City's COGCC Pre-Hearing Statement

Public Water Suppliers 300 Series Statement

Public Water Suppliers 400 Series Statement

COGCC Financial Assurances Rulemaking

The COGCC is planning to adopt new regulations around financial assurance requirements for Oil and Gas Well Sites, to be consistent with the provisions outlined in Senate Bill 19-181. This includes “that every operator provide assurance that is financially capable of fulfilling every obligation of COGCC rules,” based on the operator’s capability alone, over the full period of operations, without allocating risk or responsibility to the government and taxpayers. Commerce City adopted its own financial assurance provisions as part of Ordinance 2266, which was adopted March 15, 2021.

Read the City’s initial written statement here

Air Quality Control Commission Regulation 7 Rulemaking

This Air Quality Control Commission hearing considers proposed state revisions addressing control of emissions from natural gas-fired reciprocating internal combustion engines, oil and gas flowback tanks, and oil load out at underground injection facilities, as well as co-benefits to regional ahze, ozone, and Rocky Mountain National Park nitrogen deposition. The commission will also consider ambient monitoring of emissions at oil and gas facilities that go through pre-production operations as proposed by the Air Pollution Control Division, including consideration of ways to strengthen the proposed provisions regarding requirements on the frequency of monitoring, the pollutants included in monitoring, and the public disclosure of monitoring data.

Link to AQCC Prehearing Statement

Regional Operator Agreement with Extraction Oil & Gas

Prior to adopting revised oil and gas regulations in the Land Development Code (LDC) in March 2021, the city had included many of the same protections in a Regional Operator Agreement (ROA) with Extraction Oil & Gas, LLC in September 2019. The agreement, which was negotiated over 18 months, sets requirements for Extraction’s proposed well sites in the city, including Best Management Practices (BMPs) that address health, safety, quality of life and environmental concerns. 

Final Regional Operator Agreement - approved Sept. 18, 2019

The final ROA requires Extraction to eliminate one of its eight proposed well pads in the city and creates a path for another location to be moved further away from a planned neighborhood and school that are expected to be built in the coming years. The updated agreement also doubles the operator’s financial contribution for an air quality monitoring program, from about $1.4 million in the draft ROA to a projected $3 million in the final version. These changes and other clarifying language were included to address many of the primary concerns received in July 2019 during a 21-day public comment period about the draft ROA. 

The ROA does not approve any of Extraction’s proposed well pad sites or require the city to approve any specific locations. A series of other permitting processes must still occur before any new activity could begin. These processes include rezoning proposed pad sites, applying for city oil and gas permits and obtaining conditional use permits for pipelines, in addition to the state permitting process. 

Staff's monthly oil and gas update from the Sept. 16, 2019 city council meeting provides more background on the ROA process. 

ROA Public Comment Period - July 2019

The draft ROA was open for a 21-day public comment period in July 2019, allowing residents to submit feedback before the city took action. Staff reviewed all feedback received during the comment period and resumed negotiations to improve the ROA based on those comments before the agreement was finalized.

View all comments submitted during the ROA comment period

FAQ about the Regional Operator Agreement

Other Public Comment Opportunities

The COGCC provides opportunities for public comment on state permit applications prior to approval.

All city permit applications and draft agreements will be available for public feedback prior to approval. The city also hosts public meetings and surveys to collect public comment, and the public is always welcome to comment during citizen communication at regular city council meetings.

Public comment opportunities on formal city processes include, but are not limited to, the following:

  • 21-day public comment period for any potential regional operator agreement
  • Neighborhood meeting about each proposed well pad site as part of the city oil and gas permit application process

Oil and Gas Focus Group

City Council passed a resolution in February 2019 creating a temporary oil and gas focus group to allow residents an opportunity to provide input to city staff on: proposed state legislation, proposed state administrative rulemaking, potential city regulations and new COGCC Form 2A applications. The nine-member focus group provided non-binding input to city staff on these topics over the course of five meetings.

Road Impact Fee

In August 2019, the city created a new road impact fee for new oil and gas development occurring in the city. Revenue from the fee will be used to help pay for future roadway improvements related to the impacts of truck traffic and other activity associated with well pad sites. The city held a public meeting to collect feedback about the fee in May 2019 prior to the fee being heard by the planning commission and city council (view council presentation here). Ordinance 2213 approving the fee was passed by city council on Aug. 5, 2019.

DRAFT Road impact fee study - June 10, 2019 

Stay Informed

NOTICE OF HEARING

PDC Energy, Inc. (Operator No. 69175) ("PDC" or "Applicant") filed an Application with the Commission for an order to amend Order No. 407- This Notice was sent to you because the Applicant believes you may own oil or gas ("mineral") interests within the proposed unit. Generally, spacing is the process whereby an applicant obtains approval to assign certain mineral interests to be developed by a specific number of wells. Importantly, spacing is not pooling, and it is not an application for a drilling permit.

DATE, TIME AND LOCATION OF HEARING

The assigned Hearing Officer will hold a hearing only on the above-referenced docket number at the following date, time, and location:

June 21, 2023 | 9:00 a.m.
Colorado Oil and Gas Conservation Commission
The Chancery Building
1120 Lincoln Street, Suite 801
Denver, CO 80203

PETITIONS

DEADLINE FOR PETITIONS BY AFFECTED PERSONS: May 22, 2023

Any interested party who wishes to participate formally must file a written petition with the Commission no later than the deadline provided above. Please see Commission Rule 507 at https://cogcc.state.co.us, under "Regulation," then select "Rules." Please note that, under Commission Rule 510.1, the deadline for petitions may only be continued for good cause, even if the hearing is continued beyond the date that is stated above. Pursuant to Commission Rule 507, if you do not file a proper petition, the Hearing Officer will not know that you wish to formally participate in this matter and the date and time of the hearing may change without additional notice to you. Parties wishing to file a petition must register online and select "Request Access to Site." Please refer to the "eFiling Users Guidance Book" for more information. Under Commission Rule 508, if no petition is filed, the Application may be approved administratively without a formal hearing.

Any Affected Person who files a petition must be able to participate in a prehearing conference during the week of May 22, 2023, if a prehearing conference is requested by the Applicant or by any person who has filed a petition.

For more information, you may review the Application, which was sent to you with this Notice. You may also contact the Applicant at the phone number or email address listed below.

In accordance with the Americans with Disabilities Act, if any party requires special accommodations as a result of a disability for this hearing, please contact Margaret Humecki at Cogcc.Hearings_Unit@state.co.us, prior to the hearing and arrangements will be made.

Dated: April 17, 2023
PDC Energy, Inc. c/o Jamie L. Jost Kelsey H. Wasylenky
Jost Energy Law, P.C.
3511 Ringsby Court, Unit 103
Denver, CO 80216
720-446-5620
jjost@jostenergylaw.com
kwasylenky@jostenergylaw.com

 

Background

In the spring of 2018, interest in oil and gas development in the city began increasing significantly and a large number of new permit applications were submitted to the COGCC. This change sparked a citywide conversation among residents, city council and staff, and industry representatives.

Extraction Oil & Gas Proposed Activity

City staff hosted a public open house on Dec. 6, 2018 to provide more information about Extraction’s plans for development, explain actions the city is taking in the regulatory process and encourage resident feedback on oil and gas in the city. About 90 members of the public attended the meeting.

City informational boards - Dec. 2018 open house

Information from Extraction Oil & Gas – Dec. 2018 open house

After the open house, city staff continued to negotiate the terms of a regional operator agreement with Extraction. City Council was consulted on the progress of these conversations through executive sessions, which are held privately with only staff in order to avoid compromising the city’s negotiating position and allow council to receive legal advice.

Resources

Oil & Gas and Your Health (Information from the Colorado Department of Public Health and Environment)

Information on Hydraulic Fracturing

Hydraulic Fracturing FAQs

COGCC Complaints page

Suncor Commerce City Refinery