§ 14.4. DESIGNATED MATTERS OF STATE INTEREST

The board of county commissioners, having conducted a public hearing consistent with the requirements of Section 24.65.1-404 C.R.S. and having considered the intensity of current and foreseeable pressures on and within Larimer County; the dangers that would result from uncontrolled conduct of such activity or development in an area of state interest; and the advantages of conduct of such activity in a coordinated manner, 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.

A.

Siting 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.

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

D.

Siting 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.

Siting of electric transmission lines and appurtenant facilities that are designed to transmit electrical voltages of 69,000 volts or greater, whether erected above ground or placed underground.

F.

Any existing transmission line upgrade that involves expanding an easement or right-of-way or increases the height of transmission structures by more than ten feet.

G.

Siting 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.

Siting and development of new pipelines designed for transmission of natural gas or other petroleum derivatives of ten inch diameter or larger. 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.

Siting and development of new or expanded storage facilities of 50,000 cubic feet or more of natural gas or 35,000 barrels or more of petroleum derivatives.

J.

Siting 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 easements. Domestic water transmission lines include those used to transport both raw and treated water. 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.

K.

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 human consumption or domestic use and excluding a water storage reservoir used exclusively for irrigation. A water storage reservoir shall also include all appurtenant uses, structures and facilities, roads, parks, parking, trails and other uses which are developed as part of the water storage reservoir. This designation shall not include the maintenance and operation of irrigation ditches, canals or laterals nor shall it include the normal maintenance and operation of a reservoir solely used for irrigation or a reservoir serving both irrigation and domestic customers.

L.

Siting and development of any solar energy power plant, including solar energy collectors, power generation facilities, facilities for storing and transforming energy and other appurtenant facilities, that together disturb an area greater than five 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.

(Res. No. 11182008R012, Exh. A, 11-18-2008; Res. No. 08182009R001, Exh. A, 8-18-2009; Res. No. 01192010R004, 12-21-2009; Res. No. 01192010R005, 1-4-2010; Res. No. 08042015R001, § 1, 8-4-2015)