§ 14.5. EXEMPT DEVELOPMENT ACTIVITIES

A.

Statutory exemptions. 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.

1.

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

2.

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.

3.

The specific development or activity is on land which has been finally approved by the county, with or without conditions, for planned unit development or land use similar to a planned unit development.

4.

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

5.

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

B.

Specific exemptions. The regulatory provisions of this section shall not apply to any of the following.

1.

Any activity which, as of the date of designation as a matter of state interest, meets one of the following criteria.

a.

The activity is part of a final discretionary county land use approval and protected by a site specific development plan or agreement whose vesting period has not expired.

b.

The activity has a complete application filed and in process for a discretionary county land use approval, provided the applicant (if a public entity) commits to being bound by any conditions of a final county approval or by denial of the application.

c.

The specific activity has been acted upon by the planning commission as a location and extent application.

2.

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:

a.

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;

b.

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.

3.

A reservoir used exclusively for irrigation is not considered to be a water storage reservoir.

4.

An entity that has an approved intergovernmental agreement with the county specific to the project in question, as provided for in Section 14.8 below.

(Res. No. 11182008R012, Exh. A, 11-18-2008; Res. No. 08182009R001, Exh. A, 8-18-2009; Res. No. 01192010R004, 12-21-2009; Res. No. 08042015R001, § 2, 8-4-2015)