This section of the Code contains development standards for Areas and Activities of Local and State Interest, pursuant to C.R.S. 24-65.1-101 et seq. The standards apply to areas mapped on San Miguel County's adopted Environmental Hazard Maps and to unmapped areas known to be Areas of Local and State Interest ("Colorado House Bill 1041 Environmental Hazard Areas"). Section 5-401 D identifies Areas of Local and State Interest, and Section 5-401 E identifies Activities of Local and State Interest.

5-401A.

Administrative Reviews

The Planning Director may grant administrative 1041 environmental hazard review approval for the development of a single-family dwelling unit, accessory structures and a driveway.

5-401B.

One-step Planning Commission Reviews

The Planning Commission may only grant 1041 environmental hazard review approval for the development of a single-family dwelling unit, accessory structures and a driveway. The Planning Commission serves as the decision-making body for 1041 environmental hazard reviews when an applicant proposes to construct one single-family dwelling unit or accessory structure or and driveway within a mapped or known environmental hazard area.

5-401C.

Two-step Reviews

Reviews of multiple single-family dwelling units, multi-family dwelling units and non-residential uses in relation to Areas of Local and State Interest shall be two-step reviews.

All reviews relevant to Activities of Local and State Interest shall be two-step reviews.

5-401D.

The following are the Areas of Local and State interest within San Miguel County:

I.

Floodplain hazard areas (refer to Section 5-403);

II.

Geologic hazard areas (refer to Section 5-404);

III.

Historic and archaeological resource areas (refer to Section 5-405);

IV.

Wildfire hazard areas (refer to Section 5-406); and

V.

Wildlife habitat areas (refer to Section 5-407).

5-401E.

The following are the Activities of Local and State interest within San Miguel County.

I.

Domestic Water and Sewage Treatment Systems (refer to Section 5-408);

II.

Water Projects (refer to Section 5-409);

III.

Solid Waste Disposal (refer to Section 5-410);

IV.

Public Utility Facilities (refer to Section 5-411);

V.

Highways (refer to Section 5-412);

VI.

New Communities (refer to Section 5-413);

VII.

Nuclear Detonations (refer to Section 5-414);

VIII.

Areas Around Key Facilities (refer to Section 5-415);

IX.

Rapid or Mass Transit Terminal Stations and Fixed Guideways (refer to Section 5-416);

X.

Airports (refer to Section 5-417);

XI.

Telluride Regional Airport (refer to Section 5-418).

The standards in this section apply to all Areas of Local and State Interest with the exception of Mancos shale, expansive soil and rock, wildfire and historic and archaeological areas.

5-402A.

Development in Hazard-free Areas

Restrict development to a hazard-free area if such an area exists on a site.

5-402B.

Development in Hazard Areas

If no adequate hazard-free area exists on a site, the diversity of permitted uses in a zone district and permitted residential land use densities may be limited to minimize potential dangers to persons or wildlife.

5-402C.

Development Prohibited

Development shall be prohibited within an Area of Local and State Interest (C.R.S. 1041 Environmental Hazard Area) if:

I.

Site planning and engineering techniques cannot completely mitigate potential hazards to public health, safety and welfare.

II.

Development subjects persons or the County to dangers or expenses required to mitigate hazardous conditions, respond to emergencies created by such conditions or rehabilitate improvements and lands.

5-402D.

Exemptions

The following types of development shall be exempt from the provisions of Section 5-4 of this Code:

I.

As per C.R.S. 24-65.1-107: "Effect of article - developments in areas of state interest and activities of state interest meeting certain conditions: (1) This article shall not apply to any development in an area of state interest or any activity of state interest which meets any one (1) of the following conditions as of May 17, 1974: (a) The development or activity is covered by a current building permit issued by the appropriate local government; or (b) The development or activity has been approved by the electorate; or (c) The development or activity is to be on land: (I) Which has been conditionally or finally approved by the appropriate local government for planned unit development or for a use substantially the same as planned unit development; or (II) Which has been zoned by the appropriate local government for the use contemplated by such development or activity [meaning zoned in response to a specific development application]; or (III) With respect to which a development plan has been conditionally or finally approved by the appropriate governmental authority"; and

II.

Normal and customary ranching and agriculture-related uses or activities.

In addition to the development standards in Section 5-402 and the San Miguel County Floodplain Regulations (refer to Section 5-28), the standards in this section apply to mapped floodplain hazard areas as depicted in the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, National Flood Insurance Program, and to areas later found to be in flood hazard areas.

5-403A.

If no adequate hazard-free area exists on a site, development proposed within final base flood elevations Zones A1-30 and/or regulatory floodway shall:

I.

Have the lowest floor (including basement) elevated to one (1) foot above the base flood level or be designed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

II.

Be designed by a qualified professional engineer who shall certify that the flood proofing methods identified in Section 5-403 A.I are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood.

This section identifies development standards applicable to specific geologic hazard areas in addition to the general standards in Section 5-402.

5-404A.

Avalanche Areas

I.

If no adequate hazard-free area exists on a site, land uses shall be:

a.

Protected by structural avalanche defenses designed by a certified engineer or architect to withstand avalanche damage; and

b.

Restricted to the most protected areas and located as far away as possible from the base of steep slopes and ravines.

II.

Clear-cutting or other large-scale removal of vegetation shall be prohibited.

III.

Extractive operations in high hazard, or historic avalanche areas during winter shall be prohibited, unless an adequate program of avalanche control and defense measures exists.

IV.

Utility lines or pipes crossing historic avalanche areas shall be buried, and surface pipes and poles or towers for suspended transmission lines in historic or high or moderate hazard avalanche shall be protected by utilizing avalanche diversion methods or structures.

V.

Roads intended for winter use shall avoid avalanche hazard areas. Roads that must cross hazardous areas shall be protected through avalanche control practices.

VI.

Warning signs shall be placed along commonly traveled winter roads and trails that cross major avalanche paths.

VII.

Property owners who develop in avalanche areas or obtain driveway access via avalanche areas shall bear the costs of any avalanche control measures.

VIII.

Building restrictions may be waived for construction of underground facilities such as water reservoirs or for temporary buildings used only in non-avalanche season and either protected or removed during the winter.

5-404B.

Landslide Areas

If no adequate hazard-free area exists on a site, land uses shall:

I.

Ensure strict adherence to recommended design, construction and maintenance procedures approved by qualified professional geologists or engineers;

II.

Avoid adding water to the site that would cause decreased stability;

III.

Avoid removing the toe of the slide without adequate mechanical support;

IV.

Avoid increasing the weight load on the top of the slide;

V.

Avoid removing vegetation from the site; and

VI.

Avoid oversteepening the existing slope of the slide.

5-404C.

Potentially Unstable Slopes

I.

If Development is proposed in an area containing moderate and extremely hazardous Slopes, Development shall be permitted only if design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer and the County are utilized.

II.

Any land uses on a potentially unstable slope area shall avoid:

a.

Cutting into slope without providing adequate mechanical support;

b.

Decreasing slope stability by adding water;

c.

Adding weight to the top of the slope;

d.

Removing vegetation from the slope without adequate revegetation; and

e.

Oversteepening slopes.

5-404D.

Rockfall Areas

I.

If no adequate hazard-free area exists on a site, development shall:

a.

Only be permitted if design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer and the County are utilized. Construction stabilization measures may include but are not limited to:

i.

Stabilization of rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing or installation of retaining walls;

ii.

Slowing or diverting moving rocks with rock fences, screening, channeling and dams, or with concrete barriers or covered galleries;

iii.

Construction of physical barriers around vulnerable structures; and

iv.

Periodic maintenance of mitigation measures.

II.

Development shall not:

a.

Increase water supply to cliffs or overhangs;

b.

Remove protective vegetation;

c.

Add weight or otherwise disturb overhanging strata;

d.

Cause any excavations that remove underlying support; or

e.

Increase erosion that removes underlying support.

5-404E.

Slopes Greater than 30 Percent

I.

If Development is proposed in an area containing Slopes greater than thirty percent (30%) design and Development shall be based upon a detailed site survey including geologic and engineering analysis to identify the most level Development Site on the Parcel.

II.

In addition a developer shall:

a.

Provide mechanical support for all cuts;

b.

Confine cuts and fills and grading and scraping to the minimum area needed for construction;

c.

Provide for stability and revegetation of cut and fill slopes; and

d.

Retain a certified engineer to design a soil absorption sewage disposal systems.

5-404F.

Alluvial Fans

I.

If no adequate hazard-free area exists on a site, land uses shall:

a.

Be based upon site evaluation and recommendations by a qualified professional engineer or geologist; and

b.

Be protected by channelizing, damming or diverting potential mud or debris flows utilizing engineering structures designed by a qualified professional engineer or geologist.

II.

A disturbance shall be prohibited in the drainage basin above a fan unless an evaluation of the effect on runoff and stability of the fan shows that disturbance is acceptable.

5-404G.

Talus Slope

I.

If no adequate hazard-free area exists on a site, structural construction associated with residential, commercial, industrial and high impact recreational activity shall be permitted only if design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer and the County are utilized.

II.

In addition developers shall:

a.

Design developments other than those referenced in Section 5-404 G.I to withstand down slope movement;

b.

Bury foundations and utilities in talus slope areas below the active surface;

c.

Minimize site disturbance in talus slope areas to avoid inducing slope instability; and

d.

Not remove the toe of a talus slope without providing adequate mechanical support.

5-404H.

Mancos Shale

Development within a Mancos shale area shall be permitted based upon an evaluation of the development's effect on slope stability and shrink-swell properties:

I.

If design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer and the County are utilized;

II.

If designed to provide adequate surface drainage; and

III.

If concentrated runoff from impervious surfaces into natural drainages is demonstrated to pose no threat of adverse effects.

5-404I.

Faults

If no adequate hazard-free area exists on a site, land uses shall incorporate adequate mitigation measures determined by a qualified professional engineer or geologist and approved by the County.

5-404J.

Expansive Soil and Rock

Development in an identified area of expansive soil and rock shall be permitted upon County approval of engineered foundation and floor system designs.

5-404K.

Ground Subsidence

In the event a development site is comprised exclusively of moderate and extremely hazardous areas, the development shall be permitted if design and construction stabilization and maintenance measures approved by a qualified professional geologist or engineer and the County are utilized.

5-405A.

Applicability

The development standards in this section apply to the following activities within Historic and Archaeological Resource Areas:

I.

Development;

II.

Changes in the amount or character of open space;

III.

Exterior alteration or remodeling of any existing structure within the site, or any addition thereto;

IV.

Demolition or destruction of structures or buildings within the site.

5-405B.

Persons responsible for activities listed in Section 5-405 A shall:

I.

Minimize damage to historic structures; and

II.

Demonstrate that a proposal will enhance the meaning of a historic or archaeological site as representative of a period, style, occasion or unique activity.

Development within areas designated as wildfire areas on San Miguel County's adopted wildfire maps or on densely vegetated slopes in excess of thirty percent (30%) shall comply with the standards in this section.

5-406A.

Roof Coverings

Roof coverings shall be of a noncombustible material approved by the Underwriter's Laboratory.

5-406B.

Firebreak

A minimum 10-foot firebreak shall be maintained between combustible structures and vegetation.

5-406C.

Power and telephone lines

Power and telephone lines shall be buried.

This section establishes land use standards for wildlife habitat areas in addition to the general standards in Section 5-402. The standards apply to areas mapped by the Colorado Parks and Wildlife (CPW) on the County's adopted Wildlife Resource Information System (C.R.S. 1041 Wildlife maps) and to areas known to be wildlife habitat areas by the Colorado Parks and Wildlife, and areas mapped by the Colorado Natural Heritage Program. Agricultural and Ranching activities are exempt from this section.

5-407A.

General Standards

The standards in this section apply to all wildlife habitat areas.

I.

Residential development shall be clustered to avoid impacting wildlife and their habitat.

II.

Removal of vegetation shall be minimized. Vegetation removed shall be promptly replaced with beneficial native browse species.

III.

Wildlife food, cover and water shall be preserved and development effects that would destroy these shall be mitigated. Special consideration shall be given to trees and shrubs with high wildlife food value, especially heavy seed, berry and fruit producing species.

IV.

The planting of wildlife food species and woody cover along fences shall be encouraged as one (1) way of improving wildlife habitat.

V.

Waterholes, springs, seepage, marshes, pond and watering areas shall be preserved.

VI.

Known endangered species habitats shall be preserved and all disturbances to those habitats shall be minimized.

VII.

Every golden eagle nest site, bald eagle roost site, and all other raptor nest sites shall be protected from the adverse impacts of development within a ½ mile buffer.

VIII.

Mesh or woven fences shall be prohibited and are encouraged to be removed.

IX.

Fences located within CPW designated mapped wildlife habitat areas are discouraged. Fences in such wildlife habitat areas shall be limited to "wildlife friendly fences" that are in compliance with applicable CPW fencing standards. Wildlife friendly fences are very visible and allow wild animals to easily jump over or slip under the wires or rails. The following regulations shall apply to fencing:

a.

Smooth wire or rounded rail for the top, smooth wire on the bottom;

b.

Fence is limited to 42" in height;

c.

At least 12" between the top two (2) wires or rails;

d.

At least 16" between the bottom wire or rail and the ground;

e.

Posts at minimum 16' intervals;

f.

Gates, drop-downs, removable fence sections or other passages where animals concentrate and cross;

g.

Using a rail, high-visibility wire, flagging or other visual markers for the top.

h.

A zigzagged worm fence (rails stacked alternately on top of one another, with rails interlocked like laced fingers where the ends meet) should create openings for wildlife to cross by intermittently dropping rails to the ground every 400'; and in swales and at stream crossing for easy wildlife passage.

i.

Perimeter fencing of an entire parcel is discouraged.

j.

As an exception to "wildlife friendly fencing" dogs shall be kept in an enclosed kennel or small fenced yard adjacent to the residence. The standards or allowance for a small fenced yard or area shall be specified in the county's revised dog or animal control regulations.

If staff has a question regarding the appropriateness of proposed fencing to be located within a CPW mapped wildlife habitat area the application may be referred to the CPW for comment and recommendation.

X.

Residential development shall maintain bear proof storage for garbage disposal for all parcels located in all zone districts.

XI.

Development activities, such as Subdivisions, PUDs and Special Use Permits uses may require a Wildlife Impact Assessment prepared by a qualified wildlife biologist or scientist for all mapped wildlife habitat areas or known habitat areas to be submitted with the land use application. The Impact Assessment should include changes, trends and proposed mitigation to be reviewed by the Colorado Parks and Wildlife or other County review staff.

XII.

Barking dogs, dogs at large, and stray dogs are not permitted in any unincorporated portion of San Miguel County pursuant to Board of County Commissioner Resolution1982-27 or as may be set forth in the most current Board of County Commissioner Resolution regarding dog or animal control rules and regulations.

XIII.

It is illegal for dogs to chase and/or harass wildlife, on public or private property. A Colorado wildlife officer or other peace officer may capture or kill any dog he or she determines to be harassing wildlife, pursuant to C.R.S. 33-6-128.

5-407B.

Deer, Elk and Bighorn Sheep Winter Concentration Area/Severe Winter Range

Land uses in deer, elk or bighorn sheep winter concentration areas/severe winter range shall comply with the standards in Section 5-407 A and the standards in this section.

I.

Overgrazing of ranges by livestock shall be prohibited.

II.

Development shall be restricted to areas in which wildlife impacts can be minimized.

III.

Access for the Colorado Parks and Wildlife for managing wildlife shall be maintained.

IV.

Commercial activity and recreational uses requiring County review shall be prohibited from December through April 15.

5-407C.

Deer, Elk and Bighorn Sheep Winter Range

Land uses located in deer, elk or bighorn sheep winter range shall comply with Sections 5-407 A and 5-407 B.I-III and the standard in this section.

Commercial activity and recreational uses requiring County review shall be prohibited from December 1 through April 15, unless an applicant can demonstrate written approval from the Colorado Parks and Wildlife of a site-specific wildlife protection plan. Such plan shall include CPW monitoring provisions and set forth on-site protection, including but not limited to habitat enhancement and habitat protection, including but not limited to control of fencing, noise, lighting and siting of structures, and establishment of routes and means of transportation and hours/days of operation. Permits must be renewed annually. The dates in this section may be modified and permits may be suspended at any time upon CPW recommendation on a case-by-case basis as necessary to protect the health of the herd.

5-407D.

Deer and Elk Migration Corridors

Land uses located in deer and elk Migration Corridors shall comply with Section 5-407 A and the standards in this section.

I.

Development blocking a corridor and preventing migration between summer and winter ranges shall be prohibited.

II.

Fences restricting deer or elk migration shall be prohibited.

5-407E.

Deer and Elk Production Areas

Land uses located in deer and elk production areas shall comply with Section 5-407 A and the standards in this section.

I.

Where no appropriate development site exists in a production area, development shall be prohibited.

II.

Access shall be maintained for the Colorado Parks and Wildlife for trapping, tagging and studying wildlife.

III.

Manipulation of vegetation shall be prohibited, except within a designated building envelope.

IV.

Commercial and construction activity, recreational uses and off-road motorized activity shall be prohibited from May 1 through June 30. These dates may be modified upon Colorado Parks and Wildlife recommendation on a case-by-case basis as necessary to protect the health of the herd.

5-407F.

Riparian Areas and Shorelands

Land uses located in riparian or shoreland areas shall comply with the standards in 5-407A and the standards in this section.

I.

Development and the removal of vegetation and disturbance of ground cover within the riparian area shall be prohibited.

II.

Culverts shall be designed to prevent plugging and washouts.

III.

Culverts that may become barriers to fish passage shall be prohibited.

IV.

Riparian and shoreland habitat areas that have been denuded or disturbed by development shall be revegetated in the first available growing season.

(Res. No. 2024-54, 12-18-2024)

5-40A.

New Systems

New domestic water and sewage treatment systems shall be constructed in areas where proper utilization of existing treatment plants is possible and the orderly development of domestic water and sewage treatment systems of adjacent communities is facilitated.

5-408B.

Extensions of Systems

Extensions of domestic water and sewage treatment systems shall be limited to areas in which development that may occur as a result of such extension:

I.

Is consistent with the San Miguel County Comprehensive Development Plan; and

II.

Can be accommodated within the financial and environmental capacity of the area to sustain such growth and development.

5-409A.

Efficient Water Use

Municipal and industrial water projects shall emphasize the most efficient use of water possible, including the recycling and reuse of water to the extent permissible under law.

5-409B.

Prevent Pollution of Aquifer

Storm water and sanitation systems shall be sited and design not to pollute aquifer recharge areas.

5-410A.

Sites for Solid Waste Disposal

Sites for solid waste disposal shall be chosen in accordance with sound conservation practices, shall accommodate and emphasize recycling of waste materials and shall be based upon:

I.

Site longevity and potential reuse;

II.

Soil and wind conditions;

III.

Potential on- and off-site pollution;

IV.

Potential impact on adjacent property owners; and

V.

Comparison to alternate locations.

5-411A.

Sites for Public Utility Facilities

Where feasible, major facilities of public utilities shall be located consistently with the San Miguel County Comprehensive Development Plan.

5-412A.

Sites for Highways

Sites for highways shall be selected consistently with the San Miguel County Comprehensive Development Plan to meet community traffic needs and to ensure that desirable community patterns are not disrupted.

5-413A.

Standards for New Communities

Each new community, at a minimum, shall provide for internal and regional transportation, waste disposal, schools and other governmental services in a manner that will prevent overloading of existing facilities.

5-413B.

In addition, no new community shall be approved unless:

I.

Sufficient existing and projected need exists within the County and region to warrant and support the proposed activity;

II.

All detrimental environmental impacts will be mitigated;

III.

The proposed activity will not conflict with existing or approved surrounding land uses; and

IV.

The proposed activity will not make demands upon natural resources, including, but not limited to, energy resources, which demands are, in the opinion of the Board of County Commissioners, outweigh the potential benefits of the activity.

5-414A.

Prohibition on Nuclear Detonations

All nuclear detonations shall be prohibited.

5-415A.

Public Health, Safety and Welfare

If the development of a key facility poses a danger to the public, land use in the area around such facility shall be regulated sufficiently to minimize any threat to the health, safety and welfare of the public.

5-415B.

Traffic Congestion, Incompatible Uses and Excessive Expansion of the Demand for Government Services

Land use and development in areas around key facilities shall be regulated to discourage traffic congestion, incompatible uses and excessive expansion of the demand for government services, as determined by the Board of County Commissioners.

5-415C.

Compatibility with Non-motorized Traffic

Development of key facilities shall be regulated to encourage compatibility with non-motorized traffic.

5-415D.

Burdens on Public

Development of a key facility that imposes burdens or deprivation on the public shall not be approved solely on the basis of potential benefit.

5-416A.

Sites for Transit Stations and Fixed Guideways

Locate transit stations or guideways consistently with San Miguel County Comprehensive Development Plan.

5-416B.

In addition, transit stations or rights-of-way shall be developed and designed to:

I.

Minimize street congestion;

II.

Secure the public from fire, flood and other danger;

III.

Promote the public health, safety and general welfare;

IV.

Include adequate lighting and space;

V.

Avoid undue concentration of population;

VI.

Facilitate the adequate provision of transportation, water sewage, schools, parks and other public requirements; and

VII.

Be compatible with the character of the area and encourage the most appropriate use of land.

5-416C.

Locating Stations and Rights-of-Way

Sites for locating transit stations and fixed rights-of-way that do not necessitate demolition of residences or businesses shall be awarded preference over those that do.

5-416D.

Standards for Areas Around Transit Facilities

Development and land uses around transit stations and fixed rights-of-way shall be consistent with the transit uses as well as the character of the area.

5-416E.

Preservation of Transit Rights-of-way

Development shall be regulated that would later conflict physically with rights-of-way or substantially increase public investment required to acquire rights-of-way.

5-417A.

Sites for Airports

Airports shall be located to:

I.

Minimize disruption to surrounding land uses;

II.

Minimize demands on community services; and

III.

Complement the economic and transportation needs and goals of the County.

5-417B.

Protection of Public

I.

Regulate land use to protect residential and other noise sensitive land uses from airport noise.

II.

Avoid danger to public health and safety or property due to aircraft crashes.

5-417C.

Airport Impact Area

For each planned airport, an Airport Impact Area shall be defined.

5-417D.

Land Uses Prohibited in Airport Impact Area

Uses or activities potentially resulting in the following shall be prohibited within an Airport Impact Area:

I.

Electrical interference with navigational signals or radio communication between the airport and aircraft;

II.

Difficulties for pilots attempting to distinguish between airport lights and other lighting;

III.

Glare in the eyes of pilots using the airport;

IV.

Impairing visibility in the vicinity of the airports; or

V.

Creating a hazard or endangering the landing, takeoff, or maneuvering of aircraft intending to use the airport.

5-417E.

Land Uses in Airport Impact Areas

All land uses approved in Airport Impact Areas shall not subject to hazard aircraft taking off or landing.

I.

Where day-night noise level caused by airport uses is determined to be sixty-five (65) dB [A] or greater, all uses other than public airport and transportation uses, short-term accommodations, office buildings, retail facilities, movie theatres, restaurants and certain open space uses (including agriculture and recreation uses not causing high concentrations of people) shall be prohibited.

II.

Where day-night noise level caused by airport uses is determined to be between sixty (60) and sixty-five (65) dB [A], uses such as schools, churches, hospitals libraries, auditoriums and outdoor amphitheaters and concert halls, shall be discouraged.

III.

Residential uses in Airport Impact Areas shall be designed to minimize impacts from airport noise and all other potentially adverse effects of aircraft operation by utilizing construction techniques to reduce noise and other adverse effects to levels acceptable to the Federal Aviation Administration.

IV.

Any application for a proposed use not prohibited in this section shall demonstrate that the proposed development poses no significant threat to public health and safety or to property and that insurance is available for the development. Approval may be conditioned on the granting of an aviation easement.

5-417F.

Airport Height Zones

Before any structure is permitted to be erected, altered, maintained or allowed to be expanded within an Airport Impact Area, the Board of County Commissioners may require a Notice of Construction or Alteration to be filed with the Federal Aviation Administration for a determination of hazardous or non-hazardous conditions and effect on the airport operational Rules and Regulations. In such cases, the Board of County Commissioners shall not approve any such development until the Federal Aviation Administration has recommended approval.

5-418A.

Purpose

This section administers the area around the Telluride Regional Airport.

5-418B.

Airport Impact Area for the Telluride Regional Airport

This section shall apply to all land within the Airport Impact Area for the Telluride Regional Airport, which includes all unincorporated land beneath the "Imaginary Surfaces Plan Existing Boundaries," which appears as Appendix "D" of this Code.

5-418C.

Policies

The Airport Impact Area shall be administered to:

I.

Encourage land use patterns for housing and other uses that will separate uncontrollable noise sources from residential and other noise sensitive areas; and

II.

Avoid danger to public health and safety and to property due to aircraft crashes.

5-418D.

Minimum Submission Requirements

Submission contents for all development determined by the Board of Commissioners to require Federal Aviation Administration Approval as per Section 5-417 F of this Code shall include:

I.

A map or maps showing the location, nature and density of the proposed development or land use. Such maps shall be of a scale no less than 1" = 500' and shall specifically show the development in relation to the airport and shall show any significant natural and man-made features of the site and surrounding areas; and

II.

A discussion of the proposed development and how it would address the policies of Section 5-418 C of this Code.

5-418E.

Additional Submission Requirements

When determined necessary by the Board of County Commissioners, the submission shall also include any or all of the following:

I.

The location of existing or proposed airport facilities including towers, lights, terminals, hangars, aprons, parking areas and runways;

II.

The location and elevation of existing and proposed streets, highways, transit routes and fixed transit lines within or directly adjacent to any approved airport;

III.

The contours of the ground and elevation of existing and proposed structures;

IV.

Specifications for building and construction materials, noting any special measures for soundproofing or insulation;

V.

A traffic impact survey detailing the effect of the development on traffic congestion and airport access and upon non-motorized traffic; and

VI.

Evidence of the frequency, elevation and pattern(s) of aircraft flights over the proposed site.

5-418F.

Height Limitation Zones

Certain zones that include all land beneath approach, transitional, horizontal and conical surfaces are hereby established. Where land lies beneath more than one (1) zone, it shall be treated as lying beneath the zone with the more restrictive height limitation. The height limitation zones are:

I.

Runway Visual Approach Zone - The inner edge of this zone coincides with the width of the primary surface and is five hundred (500) feet wide. The zone expands uniformly outward to a width of one thousand five hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet from the primary surface, and its centerline is the continuation of the runway centerline;

II.

Transitional Zones - These are areas beneath the transitional surfaces;

III.

Horizontal Zone - This zone is established by swinging arcs of five thousand (5,000) feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those acres. The horizontal zone does not include the approach and transitional zones; and

IV.

Conical Zone - This zone extends from the periphery of the horizontal zone outward a horizontal distance of four thousand (4,000) feet.

5-418G.

Height Limits

No structure shall be constructed and no tree shall be allowed to grow above or outside the following limits:

I.

Runway Visual Approach Zone - The limiting surface slopes twenty (20) feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface, and extending five thousand (5,000) feet along the runway centerline;

II.

Transitional Zones - The limiting surface slopes twenty (20) feet outward for each foot upward, beginning at the sides of and at the same elevation as the approach surface, and extends one hundred fifty (150) feet above the elevation of the runway. In addition, the limiting surface slopes seven (7) feet outward for each foot upward, beginning at the sides of and at the same elevation as the approach surface, and extends to the intersection of the horizontal and/or conical surface(s);

III.

Horizontal Zone - The limiting surface lies one hundred fifty (150) feet above the runway elevation. On terrain above the runway elevation, the limiting surface lies sixty (60) feet directly above the ground surface; and

IV.

Conical Zone - The limiting surface slopes twenty (20) feet outward for each foot upward, beginning at the periphery of the horizontal zone, one hundred fifty (150) feet above the runway elevation and extending to three hundred fifty (350) feet above the runway elevation. On terrain above the runway elevation, the limiting surface lies sixty (60) feet directly above the ground surface; and

V.

No material change shall be made in the use of land, no structure shall be constructed, and no tree shall be planted above the limiting surfaces established in this section without a permit approved by the Board of County Commissioners that includes all submission requirements listed in Sections 5-418 D and 5-418 E; and

VI.

Before any structure is permitted to be erected, altered, maintained or allowed to be expanded within an Airport Impact Area, the Board of County Commissioners may require a Notice of Construction or Alteration to be filed with the Federal Aviation Administration for a determination of hazardous or non-hazardous conditions and effect on the airport operational Rules and Regulations.

In such cases, the Board of County Commissioners shall not approve any such development until the Federal Aviation Administration has recommended approval.

5-418H.

Permitted Nonconforming Uses

The regulations prescribed herein shall not be construed to require removal, lowering or other change or alteration or any structure or tree not conforming to this regulation at the date of adoption of this Code, or otherwise interfere with the continuance of any nonconforming use.

5-418I.

Lighting of Nonconforming Structures or Trees

The owner of any structure or tree not conforming to the requirements in Section 5-418 F shall permit the installation, operation and maintenance of such markers and/or lights deemed necessary by the Telluride Regional Airport Authority to indicate to aircraft operators the presence of such structures or trees. Such markers and lights shall be installed, operated and maintained at the expense of the Telluride Regional Airport Authority.

5-418J.

Prohibition of Increase in Hazards to Air Navigation

No permit shall be approved that would allow the hazard to air navigation of any use, structure or tree to increase.

5-418K.

Abandoned or Destroyed Nonconforming Uses

Whenever a nonconforming tree or structure has been abandoned or more than eighty percent (80%) destroyed, deteriorated or decayed, no permit shall be granted that would allow such use, structure or tree to exceed the applicable height limit set forth in Section 5-418 F or otherwise deviate from any regulation in Section 5-418 of this Code.

(Res. No. 2024-54, 12-18-2024)