§ 14.8. INTERGOVERNMENTAL AGREEMENTS

A.

Upon request of the State of Colorado or a political subdivision of the state proposing to engage in an area or activity of state interest, the requirements of this section 14 may be met by the approval of an intergovernmental agreement between the county and such applicant. The county commissioners may, but shall be under no obligation to do so, approve such an intergovernmental agreement in lieu of a permit application and review as provided by this section. In the event such an agreement is approved by the county commissioners, no 1041 permit application to conduct the activity or area of state interest shall be required, provided that all of the following conditions are met.

1.

The state or political subdivision applicant and the county must both be authorized to enter into such an agreement.

2.

The purpose and intent of this section 14 must be satisfied by the terms of the agreement.

3.

A public hearing must be conducted by the county commissioners. Notice of the hearing must be published once in a newspaper of general circulation in Larimer County not less than 30 nor more than 60 days before the date set for the hearing. Prior to the hearing, the county commissioners shall approve the form of any proposed intergovernmental agreement, subject, however, to final approval of the agreement at the conclusion of or subsequent to the public hearing and based upon the evidence presented there. The public hearing shall be for the purpose of taking comment upon the proposed intergovernmental agreement, the provisions of which have been determined to be acceptable to the applicant and to the county.

4.

Both the county commissioners and the state or the governing body of the political subdivision applicant must approve the agreement in the manner required of each of them by the state constitution, statutes and any applicable charter, ordinance or resolution.

5.

Memorandum of understanding (MOU). The county and the applicant shall execute a memorandum of understanding, prior to engaging in the process of forming an intergovernmental agreement, the purpose of which is:

a.

To acknowledge the intent of the parties to begin joint discussions which may result in the approval of an intergovernmental agreement.

b.

Establish the timeframe for those discussions and any significant milestones agreed upon.

c.

Establish the timeframe for review, public input and public hearing before the county commissioners.

B.

Exercise of the provisions of this section by the state or an applicant that is a political subdivision of the state shall not prevent that entity from electing at any time to proceed under the permit provisions of this regulation. Additionally, any entity which has previously proceeded under the permit provisions of this regulation may at any time elect to proceed instead to seek the establishment of an agreement.

(Res. No. 11182008R012, Exh. A, 11-18-2008; Res. No. 08042015R001, § 3, 8-4-2015)