The County Commissioners, having conducted a public hearing consistent with the requirements of C.R.S. § 24.65.1-404 and having considered the applicable review criteria in §10.5.3, does hereby find and declare the following to be matters of state interest. A 1041 permit shall be required prior to any of the following activities, unless specifically exempted.

In addition to Article 4.0, Development Standards and the review criteria for all 1041 permits, the following additional criteria and standards shall apply.

In addition to Article 4.0, Development Standards and the review criteria for all 1041 permits, the following additional criteria and standards shall apply to the specific development or activity types described below.

Prior to the issuance of a 1041 permit approved under this subsection the follow conditions must be met, if applicable.

The general purpose of this section is to facilitate the identification, designation, and regulation of areas or activities of state interest consistent with applicable statutory requirements.

The specific purposes and intent are as follows:

A.

To implement the vision and policies of the Larimer County Comprehensive Plan;

B.

To ensure that growth and development in Larimer County occur in a safe, efficient, planned and coordinated manner;

C.

To promote the health, safety, and general welfare of the people and environment of Larimer County;

D.

To protect the beauty of the landscape and natural scenic characteristics, conserve natural and cultural resources including the preservation of historical assets and resources, protect and enhance wildlife habitat, air and water quality, and reduce greenhouse gas emissions and enhance adaptation to climate change;

E.

To promote safe, efficient, and economic use of public resources in developing and providing needed community and area-wide infrastructure, facilities, and services;

F.

To protect property owners and current and future residents by reviewing and regulating development in potentially hazardous areas;

G.

To ensure that new development will pay for itself to the maximum extent practicable, and to ensure that present residents of Larimer County will not have to subsidize new development through increased cost of public services, and/or degradation of the quality of life;

H.

To plan for and regulate the construction, expansion, and operation of matters of state interest to facilitate the planned and orderly use of land in accordance with their character and adaptability and as recommended by the Larimer County Comprehensive Plan;

I.

To regulate the use of land on the basis of the financial and environmental impact thereof on the community or surrounding areas within the development area and source development area;

J.

To ensure Larimer County participation in the regulation of development projects that pass through and impact County residents, neighborhoods, and resources; and

K.

To review and regulate development in a manner consistent with legitimate environmental concerns.

These regulations shall apply to all proceedings concerning the designation of areas and activities of state interest and all development in any area of state interest or any activity of state interest that has been or may be designated by the County Commissioners, whether located on public or private land and regardless of whether the proposed project is intended to serve the residents of unincorporated Larimer County.

A.

Site selection and development of any electrical power plant with a generating capacity of 50 megawatts or more, or any addition to an existing power plant which increases the existing design capacity by 50 megawatts or more. This designation shall not include use of temporary generators at an existing electrical power plant in an emergency situation.

B.

Conversion of an existing electrical power plant to a new type of fuel or energy, but not including a change from coal to natural gas, and also not including a change in start-up fuel.

C.

Site selection and development of a nuclear power plant of any size, or any addition thereto.

D.

Site selection and development of a wind power plant in which there are more than three wind towers or where any wind generator tower exceeds a hub height of 80 feet, or any addition thereto increasing the existing design capacity of the facility by ten percent or more or expanding the area of the plant.

E.

Site selection of electric transmission lines and appurtenant facilities and redundant parallel installations that are designed to transmit electrical voltages of 69,000 volts or greater, either individually or cumulatively, whether erected above ground or placed underground.

F.

Any existing transmission line upgrade that involves the ten-foot or 15 percent expansion, whichever is less, of an easement or right-of-way in any direction, or increases the height of transmission structures.

G.

Site selection of an electrical substation or transition site designed to provide switching, voltage transformation or voltage control required for the transmission of electricity at 69,000 volts or greater.

H.

Site selection and development of new natural gas transmission pipelines that are ten-inch diameter or larger and designed for any uses not addressed in Article 11.0, Oil and Gas Facilities. This designation shall include appurtenant facilities such as compressor stations, pipe valves and other mechanical controls that are part of the pipeline project. This designation shall not include the maintenance, repair, adjustment or removal of an existing pipeline or the relocation of an existing pipeline within the same easement or right-of-way. The designation shall also not include the addition, replacement, expansion, or maintenance of appurtenant facilities on existing pipelines.

I.

Site selection and development of new or extended domestic water or sewer transmission lines which are contained within new permanent easements greater than 30-feet, or within new permanent easements greater than 20-feet that are adjacent to existing utility or other easements for infrastructure or projects described under Larimer County's 1041 regulations or to service an additional development density of 25 or more residential units or the equivalent thereof in other uses. Domestic water transmission lines include those used to transport both raw and treated water. This designation includes appurtenant facilities on pipelines. This designation shall not include the maintenance, repair, adjustment or removal of an existing pipeline or the relocation, replacement, or enlargement of an existing pipeline within the same easement or right-of-way, provided no additional permanent property acquisitions are required. The designation shall also not include the addition, replacement, expansion, or maintenance of appurtenant facilities on existing pipelines.

J.

Site selection and construction of a new water storage reservoir or expansion of an existing water storage reservoir resulting in a surface area at high water line in excess of 50 acres, natural or manmade, used for the storage, regulation and/or control of water for application to a beneficial use, including augmentation, commercial, domestic, industrial, municipal, and replacement uses, provided this designation excludes water storage reservoirs used exclusively for irrigation or stormwater detention facilities. A new water storage reservoir shall also include all appurtenant uses, structures and facilities (i.e., those necessary and integral to the proper functioning of the project), including internal roads, parks, parking, trails, recreational uses, and other uses. This designation shall not include the maintenance and operation of irrigation ditches, canals or laterals including those used to fill a water storage reservoir, nor shall this designation include the maintenance and operation of an existing water storage reservoir.

K.

Site selection and development of any solar energy power plant including solar energy collectors, power generation facilities, facilities for storing and transforming energy, and other generally associated or accessory facilities, that together disturb an area greater than ten acres, or any addition thereto that expands the disturbed area. This designation shall not include roof mounted solar systems located on existing permitted principal and accessory buildings.

L.

Site selection of new State owned and operated collector and arterial highways and interchanges, exempting projects with specific funding categories of the North Front Range Metropolitan Planning Organization or Upper Front Range Planning agencies. Highways or interchanges that are being repaired because of an emergency, as referenced in an emergency declaration, are exempt from the 1041 requirements.

These regulations shall not apply to any development in an area of state interest or any activity of state interest if any one of the following is true as of May 17, 1974:

A.

The specific development or activity was covered by a current building permit issued by the County.

B.

The specific development or activity was directly approved by the electorate of the state or the County, provided that approval by the electorate of any bond issue by itself shall not be construed as approval of the specific development or activity.

C.

The specific development or activity is on land that has been finally approved by the County, with or without conditions, for planned unit development or land use substantially the same as a planned unit development.

D.

The specific development or activity is on land which was either zoned or rezoned in response to an application, for the use contemplated by the specific development or activity.

E.

The specific development or activity is on land for which a development plan has been conditionally or finally approved by the County.

The following development types, activities, and locations are exempt from the 1041 review process and are not required to apply for a 1041 Permit:

A.

Previously Approved Development.

Any activity that meets one of the following criteria as of the date when Larimer County designates a matter of state interest.

1.

Pre-Existing County Approval.

a.

The proposed development has received a final Larimer County land use approval and the vested rights for such activity have not expired. The exemption does not apply to any subsequent modifications to the approved development or inclusion of a development area that were not included within the pre-existing Larimer County land use approval and for which a new or revised development application is required.

b.

The activity has a complete application filed and in process for a discretionary county land use approval. Any such application shall be permitted to complete the review process and, if approved, the activity shall be exempt from Article 10.0. However, if such application is denied, this exemption shall not apply, and the activity shall be subject to this Article 10.0 as applicable. Proposed development that was not included in the application for the pre-existing approval that is related to or shares a development area with the pre-existing approval and that is subject to 1041 Permit review shall still be required to complete the 1041 review process and will not be exempted from this article based on the relationship to a pre-existing approval.

2.

Location and Extent Review.

a.

The specific activity has been acted upon by the Planning Commission as a §6.4.4, Location and Extent application.

b.

Proposed development that was not included in the location and extent review that is related to or shares a development area with the activity subject to location and extent review and that is subject to 1041 Permit review shall still be required to complete the 1041 review process and will not be exempted from this article based on the relationship to the location and extent reviewed activity.

B.

Interstate Natural Gas Utilities.

An interstate natural gas utility regulated by the Federal Energy Regulatory Commission or its successor, provided the following requirements and procedures are complied with by the utility whenever site selection and construction of major facilities within Larimer County are proposed:

1.

Copies of all materials (i.e., environmental impact statement, application for certification of public convenience and necessity) filed with a federal and/or state regulatory agency shall also be filed with the County Commissioners within five days of filing the state or federal application.

2.

Written notice of all scheduled public proceedings before the federal and/or state regulatory agency shall be given to the County Commissioners not less than 30 days prior to the proceedings, provided further, however, that if the public utility receives less than 30 days' notice it shall give written notice to the County Commissioners within five working days after it receives its notice.

C.

Intergovernmental Agreements.

An entity that has an approved intergovernmental agreement with the County in lieu of a 1041 permit as was previously authorized under this LUC, and such agreement is specific to the project in question. This exemption does not apply to any subsequent modifications to the activity that were not included within the approved intergovernmental agreement.

D.

Specific Ongoing Operations and Maintenance.

1.

Replacement of an existing water diversion structure without change in the point of diversion, height of structure within the stream channel, or provided the replacement can be made in a manner that does not create new flood or navigation hazards.

2.

Operation, maintenance, repair and replacement of existing water and sewage collection, treatment, storage and delivery facilities and associated works, provided that improvements or replacements of existing facilities do not materially alter the location of the existing facility, including any outfalls or effluent discharge points.

A.

The County Commissioners may, in their discretion, designate, adopt, and modify guidelines and regulations for the administration of any matter of state interest.

B.

The Community Development Director or the Planning Commission may recommend, and the County Commissioners may designate and adopt guidelines and regulations for the administration of any additional activity or area of state interest at any time.

1.

This may include adopting a moratorium on permit applications and/or temporarily stopping the review of any current application that would be subject to the new designation during the time that the County Commissioners are considering the new designation.

2.

Should the County Commissioners make a designation that impacts a current application, the Director will make a determination pursuant to §10.7.1, Determination of Whether a Proposed Activity or Development is Subject to a 1041 Permit Requirement, whether the proposed development will be subject to this article.

A.

The County Commissioners shall hold a public hearing before designating any matter of state interest and adopting guidelines and regulations for the administration of such matters. Notice shall be provided pursuant to Table 6-2: Public Hearing Notice Requirements and pursuant to applicable statute.

B.

The Planning Commission shall hold a hearing and provide a recommendation to the County Commissioners on the proposed designation, guidelines, and regulations prior to the County Commissioners hearing. Notice shall be provided pursuant to Table 6-2: Public Hearing Notice Requirements and applicable statutes.

At the public hearing(s), the Planning Commission and County Commissioners shall consider such evidence as they deem appropriate, including, but not necessarily limited to testimony and documents addressing the following criteria:

A.

The intensity of current and foreseeable development pressures,

B.

The reasons why the particular area or activity is of state interest,

C.

The dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity,

D.

The advantages of development of such area or conduct of such activity in a coordinated manner,

E.

Applicable policies of the Larimer County Comprehensive Plan and any duly adopted intergovernmental agreements affected by the area or activity under consideration,

F.

The overall health, safety, and general welfare impact on the County,

G.

The impact of the activity or area on the environment of Larimer County, including impacts related to climate change and the risk of increased flooding, fires, and damage to wildlife, air and water quality, and the stability of the ecosystems of the County,

H.

The extent to which other governmental entities regulate the area or activity proposed to be designated,

I.

The boundaries of any area proposed for designation,

J.

The testimony, evidence, and documents taken and admitted at the public hearing, and

K.

The recommendations of staff and the Planning Commission.

A.

At the conclusion of the hearing, or within 30 days thereafter, the County Commissioners may, by resolution, adopt, adopt with modification, or reject the proposed designation and accompanying guidelines and any regulations.

B.

Each designation resolution adopted by the County Commissioners shall, at a minimum:

1.

Specify the activity or area of state interest being designated;

2.

Specify the boundaries of the designated area of state interest, if applicable;

3.

State reasons why the designation is appropriate in light of the review criteria considered at the public hearing(s) pursuant to the above section; and

4.

Specify the guidelines and any regulations applicable to the designated matter of state interest.

C.

Regulations, and amendments thereto, interpreting or applying adopted guidelines to designated activities and areas of state interest may be adopted by the County Commissioners at the designation hearing, or a subsequent hearing in the same manner as other land use regulations are reviewed and adopted.

A.

If a 1041 permit is required under this article, other procedural requirements (timing of application, application standards, etc.) of the Code shall not apply unless specifically stated in Article 10.0, or unless applied by the County Commissioners as conditions of approval. Other land use applications as noted in Article 6.0, Review Procedures may be applicable following the approval of an application under this Article 10.0. If an appeal to the requirement for obtaining a 1041 permit is granted pursuant to §10.7 below; all other applicable requirements of the Land Use Code shall apply.

B.

Compliance with these regulations does not waive the requirement to comply with other applicable local, state, or federal law or regulation. These regulations shall not be applied to create an operational conflict with any state or federal laws or regulations.

1.

Other development standards from Article 4.0 shall apply.

2.

To the extent practicable and appropriate, the County may coordinate its review and approval of the application, including the terms and conditions of such approval, with that of other agencies.

A.

Review or approval of a project by a federal or state agency does not obviate, and will not substitute for, the need to obtain a 1041 permit for that project under this section.

B.

Where, in the opinion of the County Commissioners, federal or state review and approval processes adequately address the impacts that these regulations are designed to address, the County may choose to rely on such review and approvals in evaluating the review criteria in this Article 10.0. The County retains the right to request additional or updated information related to the proposal.

The Director shall determine the applicability of this article to any proposed activity or development through a §6.3.2, Pre-Application Conference.

A.

The Director's determination shall be based on whether the proposed development:

1.

Meets the definition of development within any specified area of state interest, or

2.

Meets the definition of any designated activity of state interest, and

3.

Is not exempt from 1041 permitting requirements per §10.4.

B.

The Director's determination shall be made within 30 days of the completion of the pre-application conference.

An applicant or interested party may appeal the Director's determination regarding the requirement for obtaining a 1041 permit to the County Commissioners pursuant to §6.7.2, Appeals, no later than ten days after issuance of the Director's written determination.

A.

Initiation of Appeal.

The application for appeal shall be submitted in accordance with §6.7.2, Appeals.

B.

Scheduling and Notice.

1.

Upon receipt of the appeal, the Director will schedule the appeal on the next available agenda of the County Commissioners, no later than 60 days after the date on which a properly completed application is filed.

2.

Notice shall be provided consistent with the requirements in §6.3.7, Scheduling and Notice of Hearings.

C.

Action by the County Commissioners.

1.

Prior to hearing an application for appeal, the County Commissioners may refer an appeal to the Planning Commission for a recommendation. The decision to refer an appeal to the Planning Commission will be made by the County Commissioners within 14 days of the date the appeal was submitted.

2.

At the appeal hearing the County Commissioners will take relevant evidence and testimony from the person who filed the appeal, county staff and any interested party.

3.

The applicant shall have the burden of proving that granting the appeal is consistent with the intent and purpose of this Article 10.0, Areas and Activities of State Interest.

4.

The decision of the County Commissioners shall be final.

The scope of the appeal hearing will be limited to a determination of whether the application will be subject to the 1041 permit process. The scope will not include evaluation of the substantive merits of the application. The County Commissioners shall consider each of the following review criteria and make findings pertaining to each one which they determine, in their discretion, applies to the appeal.

A.

Whether Approval of the appeal will not subvert the purpose or intent of this Article 10.0, Areas and Activities of State Interest.

B.

Whether the development or activity has received approval through a state or federal permitting process which has utilized review criteria substantially the same as those contained in this regulation, and which has afforded a similar or greater amount of input by affected residents and property owners of Larimer County.

C.

Whether the applicant has met the burden of proving that the Director erred in the decision to include or exclude the activity or development from the 1041 permit process.

D.

In the case of siting and development of a new domestic water or sewer transmission pipeline, evidence has been provided that:

1.

The proposed pipeline is located entirely on property owned by the entity proposing the activity and/or within easements or rights-of-way that have been acquired from willing sellers, or

2.

The proposed pipeline is located entirely within a special district organized under C.R.S. Title 32, or a public or local improvement district organized under C.R.S. 30-20 Parts 5 and 6, and

a.

The pipeline is intended to provide water or sewer service to properties located within that district in Larimer County; and

b.

Written notice of all scheduled public meetings of the district concerning the siting and development of the new pipeline has been given to all property owners who may be directly affected by the activity, and to the County Commissioners, not less than 14 days prior to the meeting.

E.

Reconsideration.

The Director may determine, based on application information submitted post-Pre-Application, that the nature and impacts of the proposed activity or development merit reconsideration regarding the applicability of a 1041 permit requirement. Should the Director determine that a 1041 permit is required, the applicant may appeal the determination pursuant to this section.

No person may engage in development in a designated area of state interest or conduct a designated activity of state interest without first obtaining a 1041 permit.

A.

When an applicant proposes development or activity that implicates more than one area or activity of state interest, the applicant shall submit a single 1041 permit application that includes all affected areas and activities.

B.

If any proposed development is located partly within and partly outside the boundary of an area of state interest as designated in this article, the impacts of the entire development will be subject to review under this article. All construction or uses which compose or are directly associated with the development shall be considered to be part of the development, including but not necessarily limited to buildings, other associated structures, access roads or drives, utility lines, and parking areas.

C.

If any proposed development, or any segment of any proposed development, includes an area or activity as designated this section, then the entire project is subject to the 1041 process.

D.

If a development or activity subject to these regulations is proposed as an integral part of a land division process, the applicant shall comply with this subsection prior to obtaining final plat approval.

E.

No building permit shall be issued by the County for an activity or development subject to this subsection without the applicant having first obtained a 1041 permit and other associated required land use approvals.

F.

1041 permits issued under this subsection shall not be considered to be a site-specific development plan and no statutory vested rights shall inure to such permit. A 1041 permit may specify a period of time for which the permit is valid, or state additional criteria related to future validity of the permit.

A.

Process Overview.

Figure 10-1 identifies the applicable steps from §6.3, Common Review Procedures, that apply to the review of 1041 permit applications. Additions or modifications to the common review procedures are noted below. Specific procedures, in §6.6, Code Amendment Procedures and §6.7, Flexibility and Relief Procedures are not applicable to either the 1041 designation or 1041 permit process.

The following is a general outline of the steps required for any permit decision under this subsection. More specific information regarding these referenced steps is contained in §6.3, Common Review Procedures and in the Administrative Manual.

B.

Pre-Application Conference.

A pre-application conference shall be held in accordance with §6.3.2, Pre-Application Conference.

C.

Application Submission and Processing.

The application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with §6.3.5, Application Submittal and Processing, with the following modifications:

1.

Application Content.

Application materials are identified in the 1041 Permit Application form.

2.

Complete Application Timeframe.

The Director shall determine whether the application is complete pursuant to §6.3.5 in the following timeframes:

a.

Major Electrical or Natural Gas Facilities: Within 28 calendar days of receipt of the application.

b.

All Other Applications: Not later than 60 days after receipt of the application

3.

Staff Review and Additional Expertise.

The staff shall review the application and prepare a staff report and recommendation in accordance with §6.3.6, Staff Review. The Director may, when necessary, decide that additional expertise is needed to review a project, according to the procedure detailed in §4.2.3, Consultant Review.

D.

Scheduling and Notice of 1041 Permit Public Hearing.

1.

Application processing and hearing notice shall be consistent with the requirements of §6.3.7, Scheduling and Notice of Hearings and in accordance with the following timeframes :

a.

Not later than 30 days after receipt of a completed application for a 1041 permit, the Director shall set and publish notice of the date, time, and place for a hearing before the County Commissioners. The hearing shall be held no later than 60 days after the notice has been published.

b.

Within the time constraints above, the Director shall schedule the application for a hearing before the Planning Commission. Notice of the Planning Commission hearing shall be published in a newspaper of general circulation for the County at least 14 days before the hearing date.

c.

The County will mail notice to property owners in the vicinity of the proposal at least 14 days prior to the hearing(s) according to the procedures and requirements of §6.3.7, Scheduling and Notice of Hearings.

E.

Mineral Interest Notification.

C.R.S. §§ 30-28-133(10) and 24-65.5-103(1) require an applicant for development to notify all owners and lessees of a mineral interest on the subject property of the pending application.

1.

The applicant must submit, to the Community Development Department, a certification of compliance with this notice requirement, prior to the initial public hearing for a 1041 permit, except for those types of development applications specifically excluded below. Failure to submit the required certification of notice will result in the public hearing being rescheduled to a later date.

2.

According to C.R.S. §§ 24-65.5-102(2) an application for development does not include applications with respect to electric lines, crude oil or natural gas pipelines, steam pipelines, chilled and other water pipelines, or appurtenances to said lines or pipelines; therefore, notification of mineral interest owners and lessees is not required for those activities.

3.

In any case where information becomes known to the Planning Commission, County Commissioners, or Director that an applicant has failed to provide this required notice of an initial public hearing prior to the initial County public hearing on the application, the Planning Commission, the County Commissioners, or the Director on behalf of the Planning Commission or County Commissioners may continue, may table to a future date, or may vacate the initial public hearing to allow proper notice to be provided under C.R.S. Article 65.5 of Title 24.

F.

Any application for a 1041 permit which relates to the location, construction, or improvements of a major electrical or natural gas facility as contemplated by C.R.S. § 29-20-108, as amended shall be subject to the terms of that statute. In the event of an inconsistency between the statute and these regulations, the statute shall control.

G.

Review and Decision.

1.

Planning Commission Review and Recommendation.

a.

After receipt of the staff report, the Planning Commission shall conduct a public hearing on the application.

b.

After the close of the public hearing, the Planning Commission, by a majority vote by the quorum present, shall recommend to the County Commissioners either to approve, approve with conditions, or deny the application for a 1041 permit based on the applicable review criteria in §10.9 and §10.10.

2.

County Commissioners Review and Decision.

a.

After receipt of the recommendation from the Planning Commission, the County Commissioners shall conduct a public hearing on the application.

b.

If the County Commissioners determine at the public hearing that sufficient information has not been provided to allow it to determine if the applicable criteria have been met, the County Commissioners may continue or table the hearing until the specified additional information has been received.

c.

A 1041 permit application may be approved only when the applicant has satisfactorily demonstrated that the proposed project, including all mitigation measures proposed by the applicant, complies with all of the applicable criteria set forth in this article. If the proposal does not comply with all the applicable criteria, the permit shall be denied, unless the County Commissioners determine that reasonable conditions can be imposed on the permit which will enable the permit to comply with the criteria.

d.

The County Commissioners shall adopt a written decision on a 1041 permit application within 90 days after the completion of the permit hearing. The 1041 permit will be in the form of a findings and resolution signed by the County Commissioners. The effective date shall be the date on which the findings and resolution is signed.

A.

The project will mitigate impacts to property held by others.

B.

The proposed project is consistent with any applicable intergovernmental agreements affecting land use and development.

C.

The applicant has adequately considered reasonable siting and design alternatives, including co-location when requested by Larimer County, or shown why such alternatives are not available or not feasible, and the proposed project is the best alternative available based on consideration of consistency with the Comprehensive Plan, Land Use Code, need, existing technology, cost, and impact on the site and surrounding property.

D.

The proposal is technically and financially feasible. The applicant has the necessary expertise and financial capability to develop and operate the proposed project for its intended design and functional lifespan in a manner consistent with all requirements and conditions.

E.

The proposed project incorporates and reflects the growth, development, and environmental and mitigation policies in the Larimer County Comprehensive Plan and regulations in Article 4.0, Development Standards to ensure that the development, to the greatest extent possible, has mitigated any impacts to the environment and natural resources, and will not significantly degrade the environment or natural resources, or exacerbate or worsen climate change. The mitigation shall follow a hierarchy to first avoid impacts to resources of highest value, second minimize the impacts that are unavoidable and finally mitigate the impacts that occur. For purposes of this section, the term environment shall include:

1.

Air quality,

2.

Surface water quality and stream and river health,

3.

Groundwater quality,

4.

The ecological and functional health of wetlands and riparian areas,

5.

Terrestrial and aquatic animal life,

6.

Terrestrial and aquatic plant life,

7.

Soils and geologic conditions, and

8.

Visual quality.

F.

The proposed project demonstrates how it mitigates impacts on rivers, streams and wetlands to the greatest extent possible, including following a mitigation hierarchy to first avoid impacts to resources of highest value, second minimize the impacts that are unavoidable and finally mitigate the impacts that occur.

G.

The proposed project will not result in unreasonable risk of releases of or exposure to hazardous materials.

H.

The proposed project will not have a significant adverse effect on or will adequately mitigate significant adverse effects on any adjacent existing land use and development patterns, such as neighborhoods or rural development, or adjacent natural resources.

I.

The proposed project will not have significant impact on natural resources of statewide importance, including critical habitat for threatened and endangered species.

J.

The proposed project will not adversely affect any sites and structures listed on the State or National Registers of Historic Places or identified through a Class 1 Cultural Resource Survey, when required.

K.

The proposed project will not significantly impact public health and safety.

L.

The proposed project will not be subject to risk of significant damage or harm to human life or structures from natural hazards including floods, wildfire, or geologic hazards.

M.

Adequate public facilities and services, including sufficiency of water supplies and wastewater treatment capacity, are available for the proposed project or will be provided by the applicant.

N.

The proposed project will not have a significant adverse effect on the capability of local government to provide services or exceed the capacity of service delivery systems.

O.

The proposed project will not significantly degrade any current or foreseeable future sector of the local economy.

P.

The proposed project will not unduly degrade the quality or quantity of recreational opportunities and experience.

Q.

The planning, design, and operation of the proposed project will reflect principles of resource stewardship and conservation, which is characterized by but not limited to: energy efficiency, recycling or reuse, adaptive management, and conservation or mitigation strategies for forest, water, soil, and other applicable natural assets.

R.

The proposed project will not interfere with public view of: scenic viewsheds, ridgelines, or vista; riparian tree canopies; or unique land formations, or that the potential interference has been adequately mitigated.

S.

The applicant will mitigate any construction impacts to county roads, bridges, and related facilities caused by the proposed project. Construction access will be re-graded and re-vegetated to minimize environmental impacts.

T.

The benefits, in terms of physical improvements, enhanced services, or environmental impacts, of the proposed project outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development.

U.

The application demonstrates that the costs to mitigate the proposed project are proportional to the benefits achieved from the mitigation.

V.

The recommendations of staff and referral agencies have been addressed to the satisfaction of the County Commissioners.

A.

Project Design and Location.

1.

Proposed transmission facilities have been identified and included as part of the power plant project.

2.

The facility site or expansion area is not in an area with general meteorological and climatological conditions which would unreasonably interfere with or obstruct normal operations and maintenance.

B.

Hazardous Substances.

The proposed project will not present an unreasonable risk of exposure to or release of toxic or hazardous substances within the impact area. The determination of effects of the project shall include the following considerations:

1.

The means by which outdoor storage facilities for fuel, raw materials, equipment, and related items are adequately enclosed by a fence or wall.

2.

The likelihood of hazardous materials or wastes being moved off the site by natural causes and forces.

3.

Containment of inflammable or explosive liquids, solids, or gases.

C.

Project Impact.

1.

The nature and location of the facility or expansion will not unduly interfere with existing easements, rights-of-way, other utilities, canals, mineral claims, or roads.

2.

Adequate electric, gas, telephone, water, sewage, and other utilities exist or shall be developed to service the site.

3.

The scope and nature of the proposed project will not unnecessarily duplicate existing services within the County.

D.

If the purpose and need for the proposed project are to meet the needs of an increasing population within the County, the area and community development plans and population trends clearly demonstrate a need for such development.

E.

Wind power plants must meet the following standards.

1.

All towers must be set back at least 750 feet from property lines and public rights-of-way.

2.

The wind generator turbines and towers must be painted or coated a non-reflective white, grey, or other neutral color.

3.

Facilities must not be artificially illuminated unless required by the FAA.

4.

Facilities must not be used to display advertising.

5.

Electrical controls must be wireless or underground and power lines must be underground except where the electrical collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

6.

Noise generated from the wind power plant must be in compliance with the Chapter 30, Article V: Noise, of the Larimer County Code.

7.

The operator of the plant must minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by the plant.

8.

Towers for wind generators must be constructed of a tubular design and include anti-climb features.

9.

The facility design must use best practices available to protect wildlife.

The siting and design of the proposal addresses potential levels of electrical and magnetic fields (EMFs) by exercising "prudent avoidance" to limit exposure.

A.

Demand.

The project will be located only in a corridor for which a clear and reasonable local and regional need for such facility(ies) has/have been demonstrated.

B.

Design.

1.

The project will be designed and located so that local traffic needs are met and to avoid division of existing communities to the extent practicable.

2.

The proposed location and access for the project will not isolate community neighborhoods from public facilities, and where practicable, will enhance access from community neighborhoods to public facilities including those located within incorporated municipalities, hospitals, mass transit, and pedestrian walkways, bikeways, recreational areas, and open spaces.

3.

The proposed location and access limitations for the project will not restrict access via other roadways, mass transit facilities, pedestrian walkways, and bikeways to local commercial services, business, and employment centers, and public facilities including schools, hospitals, recreational areas, and open spaces.

4.

The project will not create safety hazards to motorists, pedestrians, or bicyclists by causing or contributing to overuse, improper use, or congestions, or cause unnecessary diversion of regional traffic onto local roadways or inappropriate or inadequate connections to pedestrian and bicycle routes.

5.

The project will be located so as to complement the compact and efficient extension of planned public services, utilities, urban-density commercial and residential development, and development in general to full-service communities and their identified Growth Management Areas, both regionally and within Larimer County.

6.

Alternative modes of transportation, including bicycle, pedestrian, and mass transit, shall be incorporated into the project proposal when deemed appropriate in Growth Management Areas.

C.

Agricultural Uses.

1.

The proposed highways or interchanges will not have a significant adverse impact on prime farmland.

2.

The proposed highways or interchanges will not result in significant loss of fertile agricultural soil.

D.

Relocation.

1.

The proposed highways or interchanges shall avoid relocation of households. Where relocation of households cannot be avoided because of technical constraints, adequate housing inventory must exist to accommodate displaced households.

2.

The proposed highways or interchanges shall avoid relocation of farms or businesses. Where relocation of farms or businesses cannot be avoided because of technical constraints, adequate sites must exist within the same market area to relocate farms or businesses.

E.

Applicable Plans.

The project will adhere to the plan, process, procedure, and requirements of the State of Colorado and the Federal Highway Administration and such construction, expansion, or modification will be included in the North Front Range Regional Transportation Plan (RTP) or Upper Front Range Regional Transportation Plan, whichever is applicable.

F.

Cost/Benefit.

1.

The benefits of the project, including expected development in the regional and local impact areas, will outweigh the social, fiscal, and environmental impact and the loss of any scenic, historical, archeological, or natural resources rendered unavailable as a result of the location of the project.

2.

Finance sources are adequate to ensure proper maintenance of the highways or interchanges.

G.

Air Quality.

The maximum anticipated use over the next 20 years of the project will not increase air pollution levels beyond applicable federal or state ambient air standards or to levels that pose unacceptable risks to human health and the environment, and will conform to the vehicle emissions budget of the State Implementation Plan.

H.

Noise Pollution.

Noise levels caused by the project will not exceed the federal abatement criteria as keyed to noise levels by use category (e.g., can be louder near a hotel than a residential neighborhood).

I.

Visual Quality/Scenic Resources.

1.

The project is designed to avoid or minimize visual impacts, including views of the highway or interchange from residential areas, and to blend into the surroundings. Interchanges will be attractively landscaped with natural species suitable for the elevation and climate of the immediate area, and identified major gateways in the County that are identified in the Larimer County Comprehensive Plan.

2.

The project is designed to minimize the alteration of significant natural landforms and to preserve, wherever practical, distinctive natural features. Placement of interchanges and alignments of arterial and collector highways shall also minimize impacts to the land and the natural environment.

3.

The project shall reasonably incorporate materials and design that complement features of the surrounding human and natural environment.

J.

Alternatives.

The project is justified in relation to other possible expansion and modification alternatives and not solely in relation to the no-build alternative of no expansion or modification.

A.

To the extent practicable, domestic water and wastewater treatment systems shall be consolidated with existing facilities within the area. The determination of whether consolidation is practicable shall include but not be limited to the following considerations:

1.

Distance to and capacity of nearest domestic water or wastewater treatment system.

2.

Technical, legal, managerial, and financial feasibility of connecting to existing domestic water or wastewater treatment system.

3.

Scope of the service area for existing domestic water or wastewater treatment system.

4.

Projected growth and development in the service area of existing domestic water or wastewater treatment system.

B.

The project will not result in duplicative services within the County.

C.

The project will be constructed in areas that will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.

D.

Any project designed to serve areas within the County is designed to meet community development and population demands in those areas.

E.

The project emphasizes the efficient use of water, including, to the extent permissible under existing law, the recycling, reuse, and conservation of water and will be consistent with any applicable Water Conservation Plan.

F.

The applicant shall demonstrate sufficient managerial expertise and capacity to operate the facility.

G.

Major extensions of domestic water and sewage treatment systems shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development.

A.

Development shall be designed to preserve the integrity of the resource.

B.

Development shall be conducted in a manner which will be compatible with the preservation of the resource and minimize damage to the resource.

The County, local municipalities, and land trusts have a long history of using public funds to purchase fee title or conservation easements to protect conservation values such as natural, cultural, agricultural, or scenic values. A map of these Public Conservation Lands is available from the Natural Resources Department. Activities associated with 1041 projects are strongly discouraged on Larimer County, municipal, other public conservation lands. If the applicant can demonstrate resources (natural, cultural, agricultural, scenic and/or recreation values) of equal or greater value exist in the surrounding non-conserved lands being proposed for the 1041 activity, then the County may consider permitting location of 1041 project/activities on or across public conservation lands after the applicant works with the local lead entity (County, municipal or other) to perform a resource assessment planning process. The following criteria are applicable to any proposed project that is located on or over, either wholly or partially, any designated public conservation lands or open space area owned or held by the County, a municipal government, land trust, or other conservation agency or organization and shall take into consideration the duration of the impacts.

A.

The proposed project shall be designed to preserve the integrity of the resources.

B.

The proposed project shall be conducted in a manner which will be compatible with the preservation of the resource. The project shall be designed to avoid impacts to natural resources where possible and work to minimize the impacts or damage to the resource.

C.

The proposed project shall provide mitigation measures and comparable replacement of resources (for example but not limited to vegetation, trees, and built features) developed in partnership with the landowner to off-set impacts to resources.

D.

The proposed project will not adversely affect either surface or subsurface water rights, except as allowed by law.

E.

The proposed development will not deteriorate intact or critical wildlife habitat.

F.

The proposed development will not degrade existing natural scenic characteristics, create blight, or cause other nuisance factors such as excessive noise or obnoxious odors.

A.

Development shall not aggravate the hazardous condition or otherwise pose a significant risk to public health and safety or to property with identified geologic hazards.

B.

Open space activities such as agriculture, passive recreation not requiring the development of playing fields, spectator stands or other significant structures, and mineral extraction, shall be encouraged provided they can be conducted in a manner which does not aggravate the hazardous condition or otherwise pose a significant risk to public health and safety or to property.

C.

Any approved development shall be designed in a manner that mitigates any significant risk posed by the geologic hazard, as confirmed by a registered professional engineer or other qualified expert in the field.

D.

Shallow wells, solid waste disposal sites, water supply systems, and on-site wastewater systems and sewage disposal systems shall be protected.

E.

Development shall comply with all applicable County Building Code and Public Health Department regulations.

Before any 1041 permit is issued, the County Commissioners or designee may require the applicant to file a guarantee of financial security deemed adequate by the County Commissioners and payable to the County. The purpose of the financial guarantee is to assure the following:

A.

That the project is completed and, if applicable, that the development area is properly reclaimed or that sufficient funds exist to reclaim the site and mitigate any damage if the applicant is unable or unwilling to perform such mitigation or reclamation.

B.

That the applicant performs all mitigation requirements and permit conditions in connection with the construction, operation, and termination of the project.

C.

That increases in public facilities and services necessitated by the construction, operation, and termination of the project are borne by the permittee.

D.

That shortfalls to County revenues are offset in the event that the project is suspended, curtailed, or abandoned.

In determining the amount of the financial guarantee, the County shall consider the following factors:

A.

The estimated cost of completing the project and, if applicable, of returning the development area to its original condition or to a condition acceptable to the County.

B.

The estimated cost of performing all mitigation requirements and permit conditions in connection with the construction, operation, and termination of the project, including:

1.

The estimated cost of providing all public services necessitated by the proposed activity until two years after the proposed activity ceases to operate; and

2.

The estimated cost of providing all public facilities necessitated by the proposed activity until all such costs are fully paid.

C.

Estimated cost shall be based on the applicant's submitted cost estimate plus the County Commissioners' estimate of the additional cost to the County of bringing in personnel and equipment to accomplish any unperformed purpose of the financial guarantee. The County Commissioners shall consider the duration of the development or activity and compute a reasonable projection of increases due to inflation. The County Commissioners may require, as a condition of the permit, that the financial security be adjusted upon receipt of bids to perform the requirements of the permit and these regulations.

The financial guarantee may be in the form of a letter of credit or some other form acceptable to the County Commissioners.

A.

Release.

The financial guarantee shall be released when:

1.

The permit has been surrendered to the County Commissioners before commencement of any physical activity on the site of the permitted project; or

2.

The project has been abandoned or completed and either: (a) the site has been returned to its original condition, or (b) to a condition acceptable to the County; or

3.

A phase or phases of the project have been satisfactorily completed allowing for partial release of the financial guarantee consistent with project phasing and as determined appropriate by the County Commissioners; or

B.

Cancellation of the Financial Guarantee.

Any financial guarantee may be canceled only upon the County Commissioners' written consent.

C.

Forfeiture of Financial Guarantee.

1.

If the County Commissioners determines that a financial guarantee should be forfeited because of any violation of the permit, mitigation requirements, conditions, or any applicable Regulations adopted by the County Commissioners, it shall provide written notice to the surety and the permittee that the financial guarantee will be forfeited unless the permittee makes written demand to the County Commissioners, within 30 days after permittee's receipt of notice, requesting a hearing before the County Commissioners. If no demand is made by the permittee within that period, then the County Commissioners shall order the financial guarantee forfeited.

2.

The County Commissioners shall hold a hearing within 30 days after the receipt of the demand by the permittee. At the hearing, the permittee may present for the consideration of the County Commissioners statements, documents, and other information with respect to the alleged violation. At the conclusion of the hearing, the County Commissioners shall either withdraw the notice of violation or enter an order forfeiting the financial guarantee.

3.

If the forfeiture results in inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, the County Attorney's Office shall take such steps as deemed proper to recover such costs where recovery is deemed possible.

If the license of any business issuing or holding a financial guarantee pursuant to this regulation is suspended or revoked by any state authority, then the applicant shall within 60 days of receiving notice thereof, substitute a good and sufficient financial guarantee from a business licensed to do business in Colorado. Upon failure of the permittee to make substitution within the time allowed, the County Commissioners shall suspend the permit and/or take such other enforcement action until proper substitution has been made.

A.

Building permits must be obtained or substantial progress must commence within three years after permit approval unless otherwise approved by the County Commissioners, or the approval shall lapse. The three-year period shall commence upon the completion of all required additional permitting by other agencies or when a final decision is rendered for any appeals or litigation.

B.

Following the three-year period, the terms of the original approval shall continue to apply, and the applicant must continue to abide by the terms of all approvals, permits, and conditions that were part of the original approval.

C.

An applicant may request the County Commissioners for a one-time, three-year extension of the 1041 permit. An extension request shall be made in writing prior to the expiration date of the original permit.

D.

The County Commissioners may impose additional conditions at the time of renewal if necessary to ensure that the project will comply with this LUC and the original permit.

Approval of a permit shall lapse after the applicable term unless:

A.

Development permits are obtained for commencement of construction, if such permits are required; and remain in effect, or

B.

Activities described in the permit have substantially commenced.

The applicant has or will obtain all property rights, permits, and approvals necessary for the proposed project, including surface, mineral, and water rights for the proposed project. The applicant may be required to obtain a construction permit and any other required permits from the County Engineer.

A.

A development agreement may be required as a condition of approval of the 1041 permit and may include requirements for performance guarantees.

B.

An agreement concerning decommissioning, abandonment or reuse of the permitted facility may be required as a condition of approval of the 1041 permit.

Any change in the construction or operation of the project from that approved by the County Commissioners shall require staff review and a determination made by the Director in writing as to whether the change is a technical revision or 1041 permit amendment.

A.

A proposed change shall be considered a technical revision if the Director determines that there will be no increase in the size of the area affected or the intensity of impacts as a result of the proposed change(s); or any increase in the area or intensity of impacts is insignificant.

B.

Changes other than technical revisions shall be considered 1041 permit amendments. A permit amendment shall be subject to review as a new permit application.

A.

Any person engaging in a development in the designated Area of State Interest or conducting a designated Activity of State Interest who does not obtain a permit pursuant to this article, who does not comply with permit requirements, or who acts outside the jurisdiction of the permit may be enjoined by the County from engaging in such development and may be subject to such other criminal or civil liability as may be prescribed by law.

B.

If the County determines at any time that there are material changes in the construction or operation of the project from that approved by the County that might be considered a violation of the permit, the permit may be immediately suspended, and a hearing shall be held to determine:

1.

Whether the permit holder is in violation,

2.

Whether the permit should be revoked or whether other forms of enforcement, such as financial penalties, should be pursued, and/or

3.

Whether the financial assurance must be used to mitigate any risk or damage to the public health, safety, and welfare.

A.

The County Commissioners may temporarily suspend a 1041 permit for any violation of the permit or the applicable regulations.

1.

The permit holder shall be given written notice of the violation and will have a minimum of 15 days to correct the violation.

2.

If the Director determines that the violation has not been corrected, the permit shall be temporarily suspended for 30 days and scheduled for a revocation hearing.

3.

If the County Commissioners determines that an emergency situation exists, the County Commissioners may instruct the Director to schedule the hearing sooner than 30 days, provided that the permit holder receives at least five working days prior notice of the hearing.

B.

The County may revoke a 1041 permit if any of the activities conducted by the permittee violates any of the conditions of the permit or these regulations in effect at the time of approval of the permit, or the County determines that the project as constructed or operated has impacts that the applicant willfully failed to report impacts in the application. The County Commissioners shall hold a public hearing prior to acting on a revocation request.

A permit may be transferred only with the written consent of the County Commissioners, which shall not be unreasonably withheld. The County Commissioners shall ensure, in approving the transfer, that the proposed transferee can and will comply with all the requirements, terms, and conditions contained in the permit; and that an adequate guarantee of financial security can be made.

Any permit issued pursuant to this article shall be deemed to include the granting of the permit holder's consent to entry and inspections by the County Commissioners and authorized representatives as may be necessary at any time during regular county business hours, with reasonable prior notice to the permittee, except in the instance of an emergency, to determine compliance with the terms of the permit.