RIGHT TO FARM—LA PLATA COUNTY

• Jurisdiction: United States

Mineral Development and Land Use
(May 1995)
CHAPTER 12C
RIGHT TO FARM—LA PLATA COUNTY
Shirley Baty
La Plata County Board of Commissioners
Durango, Colorado

At your direction, Resolution No. 1995-22 was prepared to implement amendments to the La Plata Land Use System (L.P.L.U.S.). Problems encountered were out-of-state persons moving into the County being unaware of the laws of the State of Colorado. Those laws include:

(1) the Right to Farm Statutes, limiting nuisance lawsuits against existing farm operations, C.R.S. 35-3.5-101 et. seq. , and, (2) the Colorado Fence Law, C.R.S. 35-46-101 wt. seq., limiting damages lawsuits unless the resident fences out livestock.

Resolution No. 1995-22 amended L.P.L.U.S. by providing for residential subdivision plat notices warning the purchasers thereof of these two statutes when the residential subdivision is located adjacent to farm lands. Hopefully a purchaser will now consult the plat of the subdivision in which they are considering buying and ascertain that they will not be able to move in and sue their pre-existing farm neighbors for nuisance and/or livestock damages. In addition, Resolution No. 1995-22 increased the importance scoring of the County "encouraged standards" (discretionary factors in land use considerations), where existing farm land is being developed. For example, a development on existing farm land will receive a lower "score" than one which does not diminish existing farm land.

[Page 12C-2]

RESOLUTION NO. 1995-22

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LA PLATA COUNTY, COLORADO, AMENDING SECTION 1.7.1 AND 2.3.4 OF THE LA PLATA LAND USE SYSTEM (L.P.L.U.S.) TO INCREASE THE IMPORTANCE SCORING WHEN SUBDIVISIONS HAVE THE POTENTIAL TO LIMIT EXISTING FARM OPERATIONS AND TO PROVIDE FOR A RIGHT TO FARM PLAT NOTE AND A FENCE LAW PLAT NOTE.

WHEREAS, the increasing development of agricultural land into residential subdivisions if of increasing concern to the Board of County Commissioners; and

WHEREAS, residential development adjacent to existing farm operations may have the potential to limit existing farm operations; and

WHEREAS, Colorado is a Right to Farm State; and

WHEREAS, Colorado is a Fence Law State: and

WHEREAS, the La Plata County Planning Commission held a duly noticed public hearing on the 9th day of March, 1995; and

WHEREAS, the La Plata County Planning Commission certified its recommendation that Section 1.7.1 and 2.3.4 of L.P.L.U.S. be amended by and...