§ 8.11.4. Fugitive dust during construction.

A.

Colorado's air quality laws contain requirements for controlling fugitive dust emissions during construction activities. These requirements vary depending on the amount of land disturbed and the duration of the disturbance.

B.

Developments must comply with the following standards:

1.

Development that involves clearing between five and 25 acres of land must incorporate all available and practical methods that are technologically feasible and economically reason able to minimize dust emissions. For developments in this category, a fugitive dust control plan must be submitted with the final plat or site plan application.

2.

If a development disturbs more than 25 acres or exceeds six months in duration, state air quality regulations require a fugitive dust control plan; an air pollution emissions notice; and a permit from the Colorado Department of Health and Environment. For proposals in this category, a fugitive dust control plan must be submitted with the final plat or site plan application, and a state permit must be obtained prior to construction activity.

3.

Regardless of the size or duration of development, all land disturbance must be conducted so nuisance conditions are not created. If dust emissions do create a nuisance, a fugitive dust control plan is required.

4.

The county department of health and environment must review and approve all fugitive dust control plans.