{"id":74388,"date":"2019-09-17T18:43:37","date_gmt":"2019-09-18T00:43:37","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/what-are-1041-regulations-and-why-do-residents-oppose-them\/"},"modified":"2019-09-18T00:43:37","modified_gmt":"2019-09-18T00:43:37","slug":"what-are-1041-regulations-and-why-do-residents-oppose-them","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/what-are-1041-regulations-and-why-do-residents-oppose-them\/","title":{"rendered":"What are 1041 Regulations, and why do residents oppose them?"},"content":{"rendered":"\n<p><!-- gallery:54a59ceb-5a34-496a-ac16-e17b0bd62de1 --><\/p>\n<p>If you were in downtown Durango on Tuesday morning and confused about people protesting something called \u201c1041 Powers,\u201d you\u2019re not alone.<\/p>\n<p>\u201cThe community hardly knows anything about it,\u201d said Dan Percell, one of the protesters.<\/p>\n<p>For the past year, La Plata County has been considering adopting some 1041 Regulations. The Board of County Commissioners held a hearing Tuesday on the proposed regulations, where residents who showed up voiced overwhelming opposition.<\/p>\n<p>1041 Regulations are a Colorado law enacted in 1974 that allow local governments to have more control over large-scale projects in their jurisdiction. The state created the law at the request of counties, said County Commissioner Julie Westendorff.<\/p>\n<p>\u201cCounties felt like the state was not making decisions with local input,\u201d she said.<\/p>\n<p>Now, 60 of Colorado\u2019s 64 counties have adopted some part of the 1041 Regulations, which essentially function like a permitting process.<\/p>\n<p><figure class=\"wp-block-image naviga-inline-image\"><img decoding=\"async\" src=\"https:\/\/imengine.public.prod.dur.navigacloud.com\/?uuid=5bbf959c-b494-4538-9f36-024e6f2ced39&amp;function=cover&amp;type=preview&amp;source=false&amp;width=2000\" alt=\"Signs in opposition to 1041 Regulations, which would give La Plata County greater regulatory power over large-scale developments, lined up Tuesday in front of the La Plata County Administration Building.\" class=\"naviga-image\" loading=\"lazy\"><figcaption><span class=\"caption\">Signs in opposition to 1041 Regulations, which would give La Plata County greater regulatory power over large-scale developments, lined up Tuesday in front of the La Plata County Administration Building.<\/span><span class=\"credit\">Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p><p>La Plata County currently has none, and instead uses a Class 2 permitting process for large projects, which county officials say is inadequate. Megan Graham, spokeswoman for the county, said current codes are more geared toward rural areas and subdivisions, not large-scale development.<\/p>\n<p>1041 Regulations have two main working points. First, they allow local governments more say over projects proposed from outside entities, including state and federal organizations, which doesn\u2019t exist now. And, they allow for a wider range of considerations for proposed large-scale developments, like airports or major water-treatment plants.<\/p>\n<p>1041 Regulations do not apply to small-scale or residential properties, county officials stressed Tuesday. And, because the regulations apply only to large-scale developments, they are rarely used. Summit County, for instance, has used 1041 Regulations only six times in the past couple decades.<\/p>\n<p>Sheryl Rogers, county attorney, said one good example is the Colorado Department of Transportation\u2019s realignment of the U.S. Highway 550 interchange. As it stands under current code, the county was able to provide only input and suggestions, but CDOT doesn\u2019t have to take them into consideration.<\/p>\n<p>1041 Regulations, however, would have required a process at the local level, where officials could have more oversight over the particulars of the project, like site location or potential impacts to businesses.<\/p>\n<p>In another example, Rogers said Eagle County, through the use of 1041 Regulations, was able to stop Colorado Springs from diverting and taking water out of the county.<\/p>\n<p><figure class=\"wp-block-image naviga-inline-image\"><img decoding=\"async\" src=\"https:\/\/imengine.public.prod.dur.navigacloud.com\/?uuid=680b87e6-9f22-4bd7-98dc-ff57c13b1dd9&amp;function=cover&amp;type=preview&amp;source=false&amp;width=2000\" alt=\"From left, La Plata County Manager Chuck Stevens; Commissioners Clyde Church, Julie Westendorff and Gwen Lachelt; and County Attorney Sheryl Rogers listen during public comment about the proposed adoption of 1041 Regulations on Tuesday at the county Administration Building.\" class=\"naviga-image\" loading=\"lazy\"><figcaption><span class=\"caption\">From left, La Plata County Manager Chuck Stevens; Commissioners Clyde Church, Julie Westendorff and Gwen Lachelt; and County Attorney Sheryl Rogers listen during public comment about the proposed adoption of 1041 Regulations on Tuesday at the county Administration Building.<\/span><span class=\"credit\">Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p><p>Westendorff added that during the permitting of GCC Energy\u2019s King II coal mine a few years ago, county officials were not able to take into account the economic benefit continuing the mine would have on the community under current code.<\/p>\n<p>1041 Regulations, she said, would change that.<\/p>\n<p>\u201cThe majority of what these proposed regulations talk about \u2026 is to allow for local residents\u2019 voices to be heard,\u201d she said.<\/p>\n<p>1041 Regulations have 10 types of land-use activities that can be adopted. La Plata County officials proposed adopting eight, which include:<\/p>\n<p><em class=\"mwc_body_bullet_rr\">Major new domestic and sewage treatment systems.<\/em><em class=\"mwc_body_bullet_rr\">Major extensions of existing domestic water and sewage treatment systems.<\/em><em class=\"mwc_body_bullet_rr\">Site selection and construction of major facilities of public utility.<\/em><em class=\"mwc_body_bullet_rr\">Efficient use of municipal and industrial water projects.<\/em><em class=\"mwc_body_bullet_rr\">Site selection and development of solid-waste disposal sites.<\/em><em class=\"mwc_body_bullet_rr\">Site selection of airports.<\/em><em class=\"mwc_body_bullet_rr\">Site selection of highways, interchanges and collector highways.<\/em><em class=\"mwc_body_bullet_rr\">Site selection and development of new communities.<\/em>Protesters took to the streets an hour before Tuesday\u2019s meeting, saying the regulations are a form of government overreach.<\/p>\n<p>\u201cIt\u2019s not legal and it\u2019s not constitutional,\u201d said Dewey Baird, a rancher who lives near Ignacio.<\/p>\n<p>Dave Peters, a Durango resident, said 1041 Regulations would have a negative impact on new businesses and development in the county. And Lorene Bonds, whose family are longtime La Plata County ranchers, said the proposed rules are an example of county overreach.<\/p>\n<p>\u201cIt violates our private properties,\u201d she said. \u201cPeriod.\u201d<\/p>\n<p><figure class=\"wp-block-image naviga-inline-image\"><img decoding=\"async\" src=\"https:\/\/imengine.public.prod.dur.navigacloud.com\/?uuid=7c1ccbc1-d804-46bc-99af-22a5e4068768&amp;function=cover&amp;type=preview&amp;source=false&amp;width=2000\" alt=\"Daniel Murray, principal planner with La Plata County, listens to public comment in opposition to 1041 Regulations on Tuesday at the La Plata County Administration Building.\" class=\"naviga-image\" loading=\"lazy\"><figcaption><span class=\"caption\">Daniel Murray, principal planner with La Plata County, listens to public comment in opposition to 1041 Regulations on Tuesday at the La Plata County Administration Building.<\/span><span class=\"credit\">Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<figure class=\"wp-block-image naviga-inline-image\"><img decoding=\"async\" src=\"https:\/\/imengine.public.prod.dur.navigacloud.com\/?uuid=c6a3ba3b-fecf-4411-9c04-7f67c045be8c&amp;function=cover&amp;type=preview&amp;source=false&amp;width=2000\" alt=\"J. Paul Brown said he opposes the adoption of 1041 Regulations. The regulations would give counties greater authority to regulate large-scale developments.\" class=\"naviga-image\" loading=\"lazy\"><figcaption><span class=\"caption\">J. Paul Brown said he opposes the adoption of 1041 Regulations. The regulations would give counties greater authority to regulate large-scale developments.<\/span><span class=\"credit\">Jerry McBride\/Durango Herald<\/span><\/figcaption><\/figure>\n<\/p><p>About 100 people packed into the county Administration Building for the hearing.<\/p>\n<p>During public comment, residents stressed the 1041 Regulations should be tightened and language made clearer so it applies only to large-scale development. Residents also called for more time to review the proposed regulations and a larger community meeting.<\/p>\n<p>\u201cWe generally are in favor of the concept for large-scale projects,\u201d said Brittany Vogenthaler, executive officer for Home Builders of Southwest Colorado. \u201cBut as we read it now, these regulations are not friendly to business and development.\u201d<\/p>\n<p>Others who spoke during public comment were outright against the new regulations.<\/p>\n<p>\u201cThis is just insane,\u201d said Brett Wells, a county resident. \u201cThe people of this county are not going to be subjected to this kind of stuff.\u201d<\/p>\n<p>Terah Kelsey, who lives in Ignacio, said some county residents want fewer regulations in general.<\/p>\n<p>\u201cMore regulation is not what\u2019s desired,\u201d she said. \u201cThat adds more cost, more fees, more red tape.\u201d<\/p>\n<p>Some residents also criticized the county for not being transparent in drafting the 1041 Regulations. Graham, however, said there have been three public meetings since February and said the draft codes were made public in July.<\/p>\n<p>Westendorff said county officials will take a couple of weeks to consider residents\u2019 concerns and tweak the proposed regulations. The matter is expected to be taken up again at 10 a.m. Oct. 1.<\/p>\n<p><em class=\"mwc_shirttail\"><a href=\"mailto:jromeo@durangoherald.com\">jromeo@durangoherald.com<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>give La Plata County more control over large projects<\/p>\n","protected":false},"author":1,"featured_media":74389,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[],"tags":[4880,475,1680,1512],"naviga_topic":[],"class_list":["post-74388","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-julie-westendorff","tag-la-plata-county-colorado","tag-la-plata-county-commissioners","tag-la-plata-county-government"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/74388","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=74388"}],"version-history":[{"count":0,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/74388\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media\/74389"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=74388"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=74388"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=74388"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=74388"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}