HomeMy WebLinkAbout20000469.tiff From: jmfolsom <jmfolsom@ecentral.com>
To: <charding@co.weld.co.us>
Date: 2/17/00 8:33am
Subject: Determining prime farmland in floodplains
7050 Loma Linda Ct.
Longmont CO 80504
303 833 2992
February 20, 2000
Weld Board of County Commissioners
Subject: Agricultural land classifications in floodplains
Dear Commissioners:
The subject of this letter is to discuss the priority in Weld County of
retaining in use prime farmland in floodplains vs its use in sand and
gravel mining operations.
In the Weld County Comprehensive Plan under Agricultural Goals And
Policies A.Goal 1: *Preserve prime farmland for agricultural purposes
which foster the economic health and continuance of agriculture.*
34-1-305 CRS re: Preservation of commercial mineral deposits for
extraction. states: *[1] ...no board of county commissioners shall,
by zoning, rezoning, granting a variance, or other official action or
inaction, permit the use of any area known to contain a commercial
mineral deposit, in a manner that would interfere with the present or
future extraction of such deposit by an extractor.*
The USDA Soil Conservation Service map of Weld County soils used by the
Dept. of Planning Services delineates all lands that lay in a flood
plain as being classified as *other*. We are all aware that a great many
of these lands are well suited [of*highest capability*] and used for
agriculture - and are irrigated. If not in the flood plain these areas
would be classified as prime farmland. The County, wisely, has a policy
of seeking to preserve prime farmland. It would, therefor, seem prudent
to determine which of these lands would fall into the prime farmland
category as determined by USDA if they were not in a floodplain. That
they may be subject to a 100 year flooding event is speculative. In
fact, the actual area that constitutes the 100 year floodplain in the
St. Vrain-Boulder Creek drainage is not known with any accuracy because
of the incompleteness of the original studies and the changes in the
characteristics of the floodplain that have been permitted to occur.
Presently, there is a proposal to undertake a complete study these
drainage*s so that there would be reliable information to protect those
that might unwittingly live purchase land within their confines.
It is therefor suggested that the County approach the USDA requesting
that the maps be revised to indicate those upper capability lands in the
flood plain that should be classified as prime farmland. After all, that
these lands might be inundated once in 100 years or even partial
inundated infrequently still leaves a vast majority of years when they
would be tilled and productive just as any other prime farmland not in a
( -zt Chia,
G1A- 223 -073OO 2000-0469
floodplain! Failing this, the County Planners are competent to determine
these lands by use of the Soil Survey of Weld County, Colorado, Southern
Part for soil capabilities and ditch company records for accessibility
to irrigation.
If this were accomplished, there would be another decision on the part
of County government necessary as to the relative priority given to
retaining prime farmland or its use for extraction of minerals which
would effectively remove this land from future agricultural use. Since
the continued use for agriculture would not effect its future use for
mineral extraction [except for construction of farm buildings] it would
seem that its use as farmland should be the first priority. Of course,
if the statute were so interpreted, agricultural activities would
interfere with its present use for extraction of minerals.
If County government were to decide that mining was the first priority
then revision of maps would not be necessary for the purposes outlined
in this letter. However, if County government truly wishes to preserve
prime farmland it would seem prudent to determine these lands in
floodplains so that they might be preserved.
In conclusion, the argument will be made that giving highest priority to
retention of prime farmland for agricultural uses would restrict a
landowner as to how he may use his land. This contention is without
merit. Without such zoning restrictions and other land use regulations
which occur on all lands, there would be no control of development for
the protection of the health, safety and welfare of society. Society has
rights in addition to the individual, and arguably those rights, when in
conflict, are superior to those of the individual.
Very truly yours,
John S. Folsom
PC: Monica Daniels Mika, Bruce Barker
farmmine.doc
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