Commissioners reject proposed slope regulations

BOULDER — There will not be any new land-use regulations further restricting development in the mountains of Boulder County.

That decision was reached by county commissioners after the final report of a seven-member citizens' advisory committee was presented during a packed public hearing Thursday afternoon.

"The regulations as drafted were over-reaching," county commission Chairman Ron Stewart admitted about changes to the county's land-use code that would have restricted development on slopes steeper than 20 percent.

Stewart said while the intent of the proposed slope regulations was worthwhile, the county would accept the recommendations of the Slope Advisory Committee and not pursue the amendments to the land-use code.

First proposed in January, the proposed regulations were meant as a tool to help mitigate the risk of natural hazards such as landslides and erosion that are associated with building in the mountains.

They passed the Boulder County Planning Commission by a 3-2 vote, but before the proposal was brought before commissioners for final approval, opponents launched a vociferous campaign against the changes.

Soon after, the commissioners created the Slope Advisory Committee and deferred a decision on the issue until after the group could examine the issues and came up with possible alternatives.

Between March 26 and June 1, the advisory committee met nine times, listening to presentations on topics such as natural hazards, the impact of development on wildlife, building codes, changing demographics and geology.

Ultimately, five of the seven members found the proposed regulations to be lacking.

"Slope seemed to a majority of us to miss the heart of the development issues," slope committee member Sam Weaver told the commissioners. "In the initial proposed regulations, issues such as wildfire, erosion, viewshed impacts and environmental impacts were cited to justify the need for slope regulations. All of the committee members felt that there was another way of framing these issues that could directly address undesirable impacts."

While the hazards of building on slopes may be real, the group's report concluded, they can be mitigated through adequate engineering.

Recommendations contained in the report included:

having the county conduct a comprehensive assessment of slope-related geologic hazards.

creating an educational slope map that would give property owners a general idea of whether or not their land lies in an area that needs to be scrutinized for hazards.

further research on the possibility of using transferable development rights (TDRs).

and further discussion on the formation of a general improvement district that would allow mountain residents to vote on a tax, revenue from which would be used to purchase property on steep slopes.

"Throughout this process," said Weaver, "the committee members tried to balance the need to mitigate impacts on the environment with the property rights of individual landowners."

Members of the Land Use Coalition — which formed to oppose the county's efforts to rein in development on steep slopes — generally applauded the advisory committee's recommendations.

"We're pleased with the final report," Nederland resident Kevin Probst said on behalf of the 1,000-member LUC. "The original regulations were poorly constructed and not based on good engineering or science."

The advisory committee, however, did not stop at just slope issues. It also expanded its mandate to include an examination of how the county handles applications for construction projects through the site plan review process.

Among county landowners, Weaver said, "there seems to be a feeling of disconnection and alienation regarding land-use regulation."

He said the committee determined that antagonism directed at the county was "primarily an issue of poor communication, both in the policy-making process and in the administration of policies."

Some of the changes suggested by the committee, and aimed at reducing friction, have already been implemented by the Boulder County Land Use Department.

According to Land Use director Graham Billingsley, applicants are now given the opportunity to meet with a county planner during the site visit, when many of the decisions about how, what and where to build on a property are initially crafted.

He also said applicants, as soon as a site visit is complete, are now being told of the land-use standards that might apply to their proposal so there are no surprises when the project comes up for final approval.

More sweeping changes are being considered, Billingsley said, including allowing the county to exempt projects from the site plan review process.

"We're considering some changes that get people out of the site plan review process who do not need to go through it," he said, such as somebody who lives on agricultural land and wants to build a hay barn.

Commissioner Paul Danish was clearly pleased with the advisory committee's final product.

"This is one of the most constructive documents produced by a citizen's committee that I have seen in Boulder County," he said.

Copyright © 1999 The Daily Times-Call.
Reprinted with permission.

For more information contact the Land Use Coalition at info@landusecoalition.org or call 303-666-7903.

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Last updated June 04, 2001.
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