County Has Six Months to Draft LUC Regulations

RIDGWAY – There are 1,292 mining claims in Ouray County, and none of them will see any residential development for the next six months. The Ouray County Commissioners unanimously approved a moratorium, effective Jan. 26-July 26, on residential mining claim development at their meeting in Ridgway on Monday in order to give themselves time to draft new regulations around such development.

The moratorium comes on the heels of a Jan. 12-approved resolution that deemed residential mining claim development regulations a priority. The approved resolution states that the Ouray County Land Use staff, planning commission and attorney are to work “expeditiously” to prepare draft regulations and develop a zoning plan in Ouray County that will encompass historic mining districts and patented mining claims and mill sites.

“This puts fire in the furnace to make sure it is hammered out,” Commissioner Heidi Albritton said on Monday. “I like the fact that we have made a commitment on this to get something out there. If someone wants to do something on their mining claims they will soon have [regulations].”

Before approval, Commissioner Lynn Padgett suggested that a portion of the resolution be re-worded to make sure that individuals who are currently occupying a historical structure on a mining claim will continue to be able to do so. County Attorney Mary Deganhart said the resolution also allows for stabilization work to continue on historical structures.

Work on the Land Use Code will start with a planning commission workshop, to be followed by a public hearing, Deganhart said.

“I think there will be a lot of opportunity to have input,” she said, “certainly if we have thoughts and ideas before we start drafting it.” Once the regulations are drafted, they will be put up for commissioner review.

“I want to reiterate that the purpose of this [moratorium] is not to take away anybody’s right to develop properties,” Commissioner Keith Meinert said. “In the interim period when talking about fairly major changes in regulatory structure in the zoning of mining claims, I think having a moratorium in place while discussing the issues will eliminate the potential to game the system and rush to file an ill-conceived permit just so they can avoid the regulatory statutes we decided on.”

Meinert added that the county is fortunate that there are no active or anticipated development applications that will be affected by the moratorium, and with the downturn of the economy it is less likely that many people will be affected by the moratorium.

“I look at this as an opportunity for the county to be proactive in finding ways to allow people to utilize their property in a way that keeps with the master plan and the values people have here,” Albritton said. “I look at it as a huge opportunity.”