Ouray Commissioners Back Off Controversial New Regs on Mining Claims, for Now
by Gus Jarvis – Aug 26, 2009

Draft Regulations Could Be Revived if Tweaking Existing Rules Doesn’t Address Concerns

RIDGWAY – The Ouray Board of County Commissioners on Monday took formal action to address their concerns about residential development on patented mining claims by passing a resolution that takes controversial draft regulations off the table for the time being while the board and the Ouray County Planning Commission explores ways to expand and/or tweaking the existing codes.

The commissioners unanimously passed a resolution to “withdraw from the Planning Commission’s consideration the proposed new regulations … until it is determined by the Board that the concerns about development on mining claims cannot be effectively addressed by expansion or modification to existing Ouray County Land Use regulations…”

The commissioners also scheduled a work session for Sept. 8, to which members of the planning commission will be invited for the purpose of setting a schedule and timeline in addressing the specific concerns the board has with potential residential development on mining claims.

The commissioners actions on Monday came after a lengthy discussion during which Commissioner Lynn Padgett argued that the planning commission should make a formal recommendation on the draft regulation in effect allowing that process to play out. On July 6, the commissioners passed a resolution that directed the planning commission to “forward to the board as expeditiously as possible its approval, disapproval or suggestions on the South Alpine Zone regulations” by July 21. A majority of the planning commission was not in favor of the draft document but no formal recommendation was ever made.

“They held a public hearing on it and we have not got that recommendation,” Padgett said. “That process should play out. It puts on the record their reasoning for their decision. By having this process not getting completed, we are in a weird spot. I think we should get a recommendation from the planning commission.”

Both commissioners Heidi Albritton and Keith Meinert stated, however, that nothing will be accomplished by forcing the planning commission to make a decision on that document at this state of the debate.

“I don’t see it being productive,” Albritton said. “I am concerned about setting up a worse situation.”

“I agree it would not be productive,” Meinert said. “We are asking the planning commission to forward the minutes and communication they received. We are basically taking [the proposed new regulations] off the table for the time being for us and the planning commission to find another solution in addressing these concerns.”

Meinert continued by saying that he believes the direction the commissioners are going in addressing their concerns by expanding or tweaking current regulations that include visual impact codes and site development permits will be successful.

“I would not have dropped this if I had not been pretty confident that we will be able to address our concerns,” Meinert said.

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Erin Eddy
www.ourayland.com

www.ridgwayland.com

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