This Chapter establishes a three-step process for approval of an oil and gas drilling project within Santa Fe County:
| (a) |
No oil or gas facility is permissible anywhere within Santa Fe County until an Oil and Gas Overlay Zoning District Classification (“Overlay Zone”) is extended to the land on which the facility will be constructed within the owner/applicant’s property in the same ownership. |
| (b) |
After receiving approval for an Application for Permit to Drill “APD” on Form C-101 from the OCD or successor State entity, the applicant shall apply for a Special Use and Development Permit (“SUDP”) establishing the further conditions and requirements for well sites and structures; and |
| (c) |
Application for Building or Grading Permits and a Certificate of Completion. |
INCORPORATING GOALS.
This Chapter incorporates the goals, objectives, policies, and strategies in the General Plan Oil and Gas Element. All approvals of an Oil and Gas Overlay Zoning District Classification and subsequent Special Use and Development Permits, Building and Grading Permits and Certificates of Completion shall be consistent with the following plans:
(a) General Plan; including, but not limited to the Oil and Gas Element of the General Plan;
(b) any area plan, including but not limited to, the Galisteo Basin Area Plan;
(c) any capital improvement and services budget, plan and program, and the capital and operating budgets of the County and any adopted CIP for a public improvement or assessment district;
(d) any public improvement or assessment district plan; and
(e) any State of New Mexico departmental plans, regulations, and statutes including but not limited to plans from the Energy, Minerals and Natural Resources Department, Office of the State Engineer, New Mexico Environment Department, Department of Game & Fish, Department of Cultural Affairs, Department of Indian Affairs, Department of Tourism, Department of Health, Department of Agriculture, and Gubernatorial Executive Orders.
APPLICATION CONSISTENCY.
Every application for an Oil and Gas Overlay Zoning District Classification must be consistent with the General Plan’s goals, objectives, policies and strategies and the findings and purposes of this Ordinance. Every Ordinance and/or Resolution to approve or deny an Oil and Gas Overlay Zoning District Classification and all subsequent approvals or denials for the Special Use and Development Permit and any Grading or Building Permits and Certificate of Completion required by the Land Development Code shall be defined as Development Approvals and Development Orders.
OTHER REQUIRED DEVELOPMENTAL APPROVALS.
(a) Oil and gas activities include a broad range of land disturbance activities, which require approval of an Oil and Gas Overlay Zoning District Classification, a Special Use and Development Permit (“SUDP”), grading or building permits and a Certificate of Completion and may require other local, state, and federal development approvals. It is the sole responsibility of the applicant to secure all development approvals required by other governmental entities for the proposed use. The County shall require that the State OCD approve an application for a permit to drill be issued prior to applying for the required SUDP, and to require the applicant to submit evidence of such other development approvals to the County as part of the SUDP application.
(b) Applicants are not required to apply for subdivision approval for oil and gas activities located in the subsurface of a single parcel of land unless the activity constitutes a subdivision or platting of two or more such lots or parcels, with the intent to sell or lease such subsurface subdivided lots or parcels in the future.
