35 Acres is Best?

Posted by:

Erin Eddy

www.ourayland.com
www.ridgwayland.com


December 26, 2008

Oh, the curse of the 35-acre parcel. The old ranchers' saying goes, "to small to farm, too big to mow."

Yet 35 is the magic number in Ouray County's unique and innovative Land Use Code (LUC). In both Valley and Alpine zones, where the LUC discourages development, that is the number of acres where private property owners have the right to construct a home.

The LUC is the companion document to the county's Master Plan. There, in Section A, the county's collective goal is "to encourage the continued use of lands for agricultural productivity." To date, much of that goal has been met; Ouray County's valued valleys have mostly remained with haying and cattle activities, though a few homes have sprung up at the 35 acre density.

Outgoing County Commissioner Don Batchelder warns that just because the Master Plan aspiration is being met today, that doesn't mean it won't be tomorrow.

"… there are a number of factors, economic and personal, facing a number of the smaller ranches in the county's valleys that indicate agricultural lands are at risk," writes Batchelder, in a two-page proposal titled "Incentivizing Cluster Development in the Valley Zone Through the Developer Agreement Process."

At first blush, the proposal seems to have great potential to be a win-win proposition — preventing the break-up of parcels into the undesirable 35s, and giving landowners a means to preserve the considerable value of their land. The proposal deserves a thorough hearing, and if favored by those it affects, implementation.

As Batchelder points out, ranchers are typically a tough sell when it comes to government regulation. As such, to gain buy-in, the new code would have to be fairly straight forward. He proposes:

n The density per housing unit in the Valley Zone be doubled, to 70 acres.

n Ranch owners could cluster houses under a development agreement, as long as 80% of the land remains dedicated to agriculture, and that water rights remain tied to the property.

In all, five amendments to the LUC are proposed, but Batchelder's solution to the 35-acre dilemma remains simple, and seemingly viable.

Written by: David Mullings