Superior Passes Oil & Gas Regulations

I am proud to announce that for the first time ever, Superior has adopted comprehensive oil and gas regulations — regulations which put protecting the public health, safety, and welfare of our residents and the environment at the forefront.  These new regulations were passed at the April 13, 2020 Superior Town Board meeting.

I am especially proud of the Town Board for leading on this issue — Superior is one of the first local governments to pass its own oil and gas regulations as a result of SB-181.  When SB 181 was signed into law by Governor Polis, it gave municipalities like Superior greater “local control” over the land use decisions related to oil and gas development within their boundaries.  I am confident that our actions will serve to protect our residents and the environment in the years to come. 

Here are some of the highlights of the new regulations in Superior:

• Oil and gas facilities will only be allowed in areas zoned Agricultural or Industrial

• 1,500 foot setbacks from residences, schools, daycares, and hospitals 

• 1,000 foot setbacks from parks, trails, and surface water

• $82,500 as minimum financial security requirement per individual well

• Town permit required (in addition to State permit) before allowed to operate and detailed 9-step process before issuance of Town permit

• Before a change in Operator is allowed, the new Operator must certify compliance with the existing permit and demonstrate its ability to meet financial requirements within the Code

• Allows the Town to inspect the well sites and drilling operations at any time

• Provides that the site selection for oil and gas development is an “activity of statewide interest” and falls under the Town’s 1041 powers.  

Why didn’t we consider an outright ban on oil and gas development?  The simple answer is that we can’t. An outright ban would be challenged in Court and likely found unlawful. Senate Bill 181 gave municipalities the ability to regulate oil and gas operations to protect the public health, safety, and welfare of our residents — it did not give us the power to ban such operations altogether.

To read the actual Ordinance and Best Management Practices, please click through the links provided above.