Ouray Real Estate Land Use Mining Claims

March 20, 2009
Posted by: Erin Eddy
Written by: Christopher Pike

www.ourayland.com
www.ridgwayland.com

RIDGWAY – A proposed code that determines how and where a home can be built on mining claims is now in the hands of the Ouray County Planning Commission.

The document, "Historic Mining Claims District Overlay," was written by County Attorney Mark Deganhart and delivered Tuesday to planning commissioners and County Planner Mark Castrodale.

If passed, the final version will be incorporated into the Land Use Code.

The Board of County Commissioners opened its March 17 work session by explaining the vision, goals and objectives of the proposed code. Included in the draft's "purpose and intent" is a commitment to preserve the right of underground mining while accommodating residential home construction on mine land parcels. Moreover, the county seeks to "conserve and protect the natural environment and its resources while also recognizing private property rights associated with parcels in the Mining District."

The BOCC stressed there will be limited public services and facilities available to such properties due to extreme alpine terrain, geohazards and harsh climate. In some cases access by emergency vehicle may not be possible.

Provisions in the draft code include limiting road and driveway improvements and maintenance; preserving historic structures and public access to trails; restricting a home and accessory structure as well as septic and other utility systems to the site's activity envelope; and setting guidelines as to design, visual impact, lighting, fire mitigation and small-scale renewable energy systems.

"This addresses upgrading (mine land development) to something beyond what it was historically allowed," said County Commissioner Lynn Padgett.

A committee comprised of representatives from the county, U.S. Forest Service and area recreational groups is developing a map of historic trails and roads. Establishing where these routes cross existing mining claims may affect where homes can be built. "It's a huge can of worms and we're not trying to have the planning commission address that," said BOCC Chairman Heidi Albritton.

P&Z Chairman Ted Collin said, "We have a lot of questions, not many answers. But private property rights are paramount to our western civilization."

The OCPC will hold four work sessions on proposed mine land regulations with a public hearing May 19. The addition to the LUC should be adopted before July 26, the end of a six-month building moratorium on mining claims.