CAHB also was persuasive in arguing for the inclusion of setback exception language (“grandfathering”) of Existing Surface Use Agreements or Site Specific Development Plans and for future Surface Development Pursuant to Surface Use Agreements or Site Specific Development Plans in the final Rules as adopted by the Commission in Rule 604(b)(2) and 604(b)(3). COGCC staff did not include these two exceptions in their initial draft rules, and it was made clear that the inclusion of these exceptions was a result of CAHB’s efforts. CAHB also succeeded in maintaining the exception for Existing Surface Use Agreements or Site Specific Development Plans as a mandatory exception through the use of the word “shall” rather than a permissive exception through the use of the word “may” as advocated by several parties and supported by some Commissioners.
Finally, CAHB, along with other parties and stakeholders, was influential in eliminating the consent requirement from adjacent land owners. While waivers are still required in Urban Mitigation Areas, a variance process now exists, eliminating the veto power of adjacent land owners as the initial draft Rules had provided.