912 Newsbytes: BOCC from April 8, 2025

By Dexter Gill

April 9, 2025

April 8th County Commission meeting kicked off with land use issues by approving Resolution 5-2025  regarding adding  penalty clause  and procedures for “After the Fact” Variance requests. This has been a continuing problem since the Land Use Code was adopted.   Variances due to certain land conditions are permissible however the key is to request the variance in the beginning, not after construction has begun or completed.  Without a definable “penalty clause” any law or regulation is unenforceable and begs the question, why have the regulation/law?  This addition provides for determining a penalty based upon measureable facts, not subjective “feelings” of any BOCC board, while still leaving opportunity for Lieniatcy, or not,  based on facts, to prevent becoming a a hard “police county”. .  In addition it is hoped to encourage public to check the Land Use Code, BEFORE starting construction.

Following  the above resolution, there were two Previous “After the Fact” variance  requests that had been postponed pending the above Resolution.  After individual discussions of facts,  and considerations of penalty alternatives, both were granted variances upon financial penalties being paid, per the process identified in the LUC.  As a side note, the next item on the agenda was to be the Hearing on a Moratorium on “Land Use” proposals for Solar Farms.  The Room was packed with people with concerns, which the above discussions and actions was excellent “education” for what the BOCC has to consider, and the process that follows to govern under the Land Use Code for the best benefit of ALL the public, who can’t agree with each other.

A Public Hearing was opened to “Consider a Moratorium” on accepting new Utility size Solar Farm proposals.  The room was well packed with concerned public that was eager to participate.  It was pointed out that the current applications in process/pending are not to be discussed as part of the Moratorium, just anything new.  The Current proposals must meet the Land Use Code in all areas.   Several other Counties are in the same process at this time as well.  The Hearing was very well conducted and most comments were constructive and appreciative at opportunity to be heard, with only a couple being critical and argumentative in the process.  The general Consensus was in favor of a moratorium on new large Solar Farms, to provide for further study on impacts and the future, although some wanted longer and some shorter moratorium.   Concerns revolved around Private Property Rights, Property Values, Revenue generation for the County, or who? What impact on Tourism? Some concerned with changes in the rural agricultural character of the County.  What happens to the fields when they leave?  One comment mentioned solar is “another” impact, beginning from when the Dolores River canal, to oil boom, to McPhee Dam, to Gas production, and now solar generation, what’s next?    After about Twenty  two (22) or so speakers,  the  hearing closed with the Commissioners directing the Attorney to draft a Resolution for a Six (6) month moratorium, pause, on any new  Utility Scale Solar proposals, not to include the current proposals in process now.  The Resolution is likely to be for consideration at next regular meeting.

As food for thought, this moratorium period might well be a good time to re-evaluate and plan for what direction the County  should prepare to head in!

Following the hearing, Routine business in reviewing Road & Bridge thirty day road work schedule,  Appraisal office seeking to secure aerial flight services from “ Eagle View”, that will assist in Appraisal  work.  The flight needs to be done before trees are leafed out.  The Commissioners have been Communicating directly with Congressman Hurd on concerns on federal funding that may affect the County, especially hospital and health care. 

It is reported that the proposed Dolores Canyon National Conservation Area (NCA)  may be re-introduced soon

On the State front, Time is running short for the legislature, so the majority DEM party in the House have been “ramming” controversial Bills through by voice votes, declaring them passed and unable to challenge the “count”.  That is totally irresponsible for any governing body.  For those concerned, SB 25-003 is still on the Governor’s desk as of April 9th. He has until Sunday, April 13th to sign, veto, or let it lie to become law without signature. The challenge for any Leader is to take a stand for right or wrong.  Otherwise mugwumps just sit astraddle the fence rail.  The Governors phone is 303-866-2471  or e-mail Governorpolis@state.Co.us

A little wisdom from 2000 years ago.  “You should not live one way in private, another in public.”---Publilius Syrus 85-43 B.C. Latin writer.