Residents win an uphill battle
Fighting city hall is always an uphill battle. Opposing Boulder County's land-use regulation rush is akin to trying to move mountains.
Last week the mountains budged a bit.
On Sept. 2, county commissioners listened to the final report of the seven-member Slope Advisory Committee and then did something very rare. They voted not to impose any additional restrictions on building in the mountains of Boulder County. The report even prompted a remark many thought they would never hear from a Boulder County commissioner: "The regulations as drafted are overreaching," Ron Stewart said.
There have been numerous land-use battles in the past two decades, and Boulder County land owners have drawn the short stick in almost every case.
The slope-rules scenario unfolded like many land-use regulations in recent times: proposed as a means to "mitigate" one problem or another — in this case natural dangers such as rockslides and wildfires — but with the very real consequence that landowners would abruptly lose the right to build on their property and that the property's value would take a commensurate tumble.
The Boulder County Planning Commission approved the proposed rules 3-2, but before the commissioners could provide their seal of approval a swell of opposition came crashing down the canyons from residents who had had enough of being told if they could build, where they could build, how they could build and where they should plant the lilac bush (providing they had proper paperwork for the lilac) when the house was done.
The result was a seven-citizen slope advisory committee that launched an in-depth look at the issues involved including fire danger, erosion, geology, demographics and the impact on wildlife, views and the environment.
Lo and behold, the citizens committee found the one-size-fits-all approach of the proposed rules sorely lacking for addressing the real issues involved. It also concluded that while the hazards of building on slopes are genuine, they can be addressed through adequate engineering.
The advisory committee took the process a step further when it looked at the root of the controversy and found "a feeling of disconnection and alienation regarding land-use regulation" among county residents that could be traced to "poor communication, both in the policy-making process and in the administration of policies."
No kidding.
In response, the Boulder County Land Use Department says it is already making changes such as permitting applicants to meet with a county planner during the site visit when many of the actual decisions about how, what and where to build on a property are initially crafted.
Applicants also are now quickly being informed of the land-use standards that might apply to their proposal so there are no surprises when the project comes up for final approval.
Customer service and communication. How revolutionary.
The rejection of the mountain slope regulations was a victory for rock-bottom fairness. That it may have the added benefit of eroding the imperial fiat of the county's Land Use Department is a most-welcome bonus.
September 11, 1999
Copyright © 1999 Longmont
Times-Call.
Reprinted with permission.
For more information contact the Land Use Coalition at info@landusecoalition.org or call 303-666-7903.
Last updated June 04, 2001.
URL: http://landusecoalition.org/tc_slopes_ed.htm
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