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Home My WebLink About951063.tiffHEARING CERTIFICATION DOCKET NO. 95-38 RE: PUBLIC FORUM TO HEAR TESTIMONY REGARDING ORDINANCE NO. 108-A, WHICH REGULATES THE ISSUANCE OF PERMITS FOR THE PLOWOUT AND CULTIVATION OF GRASSLANDS IN WELD COUNTY, COLORADO A public hearing was conducted on May 24, 1995, at 7:00 p.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Carol Harding County Attorney, Bruce Barker The following business was transacted: I hereby certify that pursuant to a notice dated May 1, 1995, and duly published May 18, 1995, in the Windsor Beacon, a public hearing was conducted to hear testimony regarding Ordinance No. 108-A, which regulates the issuance of permits for the plowout and cultivation of grasslands in Weld County, Colorado. Bruce Barker, County Attorney, stated comments should be limited to two issues: 1) Should the Board of County Commissioners continue to regulate the plowout and cultivation of grasslands in Weld County; and 2) If the Board should continue to so regulate, are the suggested changes to Ordinance No. 108-A as set forth in Ordinance No. 108-B acceptable? Mr. Barker explained Ordinance No. 108 was approved in order to prohibit the plowout of grasslands at a time when large, non-resident farming operations were coming into Weld County and receiving Federal dollars to break ground. At that time a permit system was initiated which was processed through the Clerk to the Board's Office, whereby anyone paying $25 and presenting a map of their property could obtain a permit to plow. Ordinance No. 108-A was approved in order to make the permit process more meaningful and instituted the requirement of collateral being posted in conjunction with the permit. Chairman Hall opened public testimony to hear comments on the above -listed matters. Doris Williams of New Raymer, Jim Mertens of New Raymer, Bob White of Briggsdale, Stanley Klinginsmith of Bushnell, Nebraska, Norman Brown of Pierce, Bill Warren of Keenesburg, Ellis Knoll of New Raymer, Dwight Palser of Greeley, Bob Barnes of Nunn, Patty Deplazes of Pierce, and Robert Hill of Briggsdale, spoke in favor of repealing the Ordinance. Ms. Williams stated she was one of the individuals who worked to get this Ordinance passed; however, she now feels there is no provision for enforcement against the farmers who have no conscience, and it punishes the ones who comply by requiring collateral. Mr. Mertens said, although the original intent was good, the Ordinance is not effective and actually prohibits farmers from working their ground in the way they determine is best. Responding to Commissioner Baxter regarding a possible change to that portion of the Ordinance, Mr. Mertens said even with changes he doesn't feel it is appropriate. Mr. White stated the Ordinance uses force, threat, and intimidation in a manner which allows government interference in farming methods of individuals. Mr. Klinginsmith explained he has been opposed to the Ordinance from the beginning and stated it is difficult for someone else to try to tell an individual how to farm, and thereby pay for, his own land. Mr. Klinginsmith stated, although health is causing him to give up farming, his son is taking over his land and has been taught good conservation measures and good farming methods which will allow him to eke out a living from the land. He implored the Board to limit regulations on farmers wherever and whenever possible. (Changed to Tape #95-18 while Mr. Klinginsmith was speaking.) Mr. Brown spoke of the changes and innovations made since this Ordinance went into effect and noted even soil conservation measures change from time to time. Responding to questions from Commissioner Baxter, Mr. Brown stated the Dust Blowing Ordinance works much better as an enforcement tool than this Ordinance does. Mr. Warren pointed out that since the government incentive to break ground no longer exists, the need for this Ordinance has passed. Mr. Palser represented the Rocky Mountain Farmers Union and stated the Ordinance is an offense to good 951063 ea; (! ORD108 RE: HEARING CERTIFICATION - ORDINANCE NO. 108-A PAGE 2 farmers and it will not solve problems caused by bad stewards of the property. Responding to Commissioner Kirkmeyer, Mr. Palser stated he has only talked to a few of the members of his group; however, so far none of them like it. Stan Cass, Ault, spoke in favor of the Ordinance, stating some type of control is necessary to keep the non-resident landowner from breaking up the ground in an inappropriate manner. His suggested changes, if the County keeps the Ordinance, are allowing the landowner to receive interest on collateral for the period of time it is on deposit with the County; allowing reseeding into grain with a conservation plan; clarification of status of collateral upon death of landowner; allowing soil conservation input to the County to determine whether to allow a variance from the permit process; and allowing the landowner to meet 80% of coverage instead of 100% of the County average. Responding to Commissioner Baxter, Mr. Cass stated the dust blowing measures may be effective for collecting for damages and reiterated that some type of restraint is necessary to avoid future problems. Chairman Hall requested Mr. Barker to contrast this Ordinance with the dust blowing complaint process. Mr. Barker pointed out the dust blowing process is a result of state statutes and provides a complaint process to handle emergency situations and to provide remedies if damages occur as a result of that emergency. Through a hearing process the Board must determine that an emergency exists, that dust is blowing from a particular property, and that damage has occurred. In those instances, the Board can order action to address the problem, as well as implement the necessary steps at the expense of the landowner if he is uncooperative. Mr. Barker also stated the dust blowing provisions allow for private remedies for damages and stated if a Civil Action is initiated, a lien can be placed on the property. Chairman Hall reiterated no action will be taken at this time; however, the Board will consider these comments before future action is taken. He said a notice will be sent to anyone listed on the Attendance Record before future action is considered. This Certification was approved on the 31st day of May, 1995. Deputy Cler fo the Board Y TAPE #95-17 & #95-18 DOCKET #95-38 APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO Barbary J. Kirkmeyer, -Tem . George &Baxter Fxr;1 ISFn Cgsd ain_7c ey W. H. Webster 951063 ORD108 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 24th DAY OF MAY, 1995: DOCKET #95-38 - ORDINANCE #108-A, ISSUANCE OF PERMITS FOR THE PLOWOUT AND CULTIVATION OF GRASSLANDS IN WELD COUNTY, COLORADO PLEASE legibly write or print your name and complete address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING 5-t tOif , -1/4V<c; (t e96 (fsee(.,/yy5S t cR 6 O 4 rep .23 4. t3cR �.514' Wet-, are31)M /019y G2Y4/?.A3A ?—t' e 64' WC-. Scp �s /? / /J �? 4.3 L ce,`>R Zi��,�, 4 6d �r jJ7% pa„,_ 7 /V Co Ce 6lefe 4s, a , V 6 / 3 5 5-7 We. J? . 1///2 lo( R 8"o 37 L/f 3 tvc4/vo Q'YL a i Sls?' 1 l Go �JO6S� ar,99.; 2,/-e_ c,, coe %o �{ ereens/o,`i,.ip AY, 1/ Ranelz1 ca, 9o1 off, j�►gz �� , Nm 1c°�, 5"O1,L/ � 1/e7 2 o We t? /,, 21209 P Ij41S Luc R $3 6n160 t, i c is 7( to-etRob 56 go792 �/°Pul �u��J1Pr Co % O ioa tJ 9kJire.e 4°Q go £U6 y 951063 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 24th DAY OF MAY, 1995: DOCKET #95-38 - ORDINANCE #108-A, ISSUANCE OF PERMITS FOR THE PLOWOUT AND CULTIVATION OF GRASSLANDS IN WELD COUNTY, COLORADO PLEASE legibly write or print your name and complete address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING nce,71,7- Tcl cJ C.. gin/- ks t-ro rv� // /9,cace.< Eoxs o 2pg ? zs7 rid. CYCCCL.ey,Co4J 3:3r`32 Ref,3 (9rckutat CO AcE`v? 951063 AGENDA PUBLIC FORUM REGARDING PROPOSED CHANGES TO WELD COUNTY PLOWOUT ORDINANCE (108-A) L Introductions - Dale Hall, Chairman, Board of County Commissioners of Weld County II. Statement of Purpose of Meeting - Bruce Barker, Weld County Attorney A. Should the Board of County Commissioners of Weld County continue to regulate the plowout and cultivation of grassland in Weld County through Ordinance 108- A? B. If the Board should continue to regulate, are the suggested changes to Ordinance 108-A as set forth in Ordinance 108-B acceptable? III. Public Testimony IV. Concluding Remarks 951063 NOTICE DOCKET NO. 95-38 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 7:00 p.m., on Wednesday, May 24, 1995, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of hearing testimony on two issues regarding Weld County Ordinance No. 108-A, which regulates the issuance of permits for the plowout and cultivation of grasslands in Weld County, Colorado. The two issues are the following: 1) Should the Board of County Commissioners of Weld County continue to regulate the plowout and cultivation of grasslands in Weld County? 2) If the Board should continue to so regulate, are the suggested changes to Ordinance No. 108-A as set forth in Ordinance No. 108-B acceptable? All persons in any manner interested are requested to attend said hearing and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that copies of the proposed ordinance may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: May 1, 1995 PUBLISHED: May 18, 1995, in the Windsor Beacon 951063 t DOCKET NO. 95-311 The Board of County Commissioners of Weld County, Colorado, will con- duct a public hearing at 7:00 p.m., on Wednesday, May 20, , 1995, in the Chambers of the Board of County Commissioners of Weld County, Colorado. Weld County Centennial Center,'. 915 10th Street, First Floor, Greeley, Colorado, for the purpose of hearing testimony on two issues regarding' Weld County Ordinance No. 1t19 -A. whian regulates the route of permits for the tion of grasslands Weld Cary, Colorado. the two Issues we the fallowing: 1I Should the Board at of Wald County Commissioners rig- tat. *rut and aria - don at eralarnde El Weld Court 2)1 dm Bast should contin- ue to so reglder ars the sugared arngas to Cnawo No. 16FA r set forth In Ordinal. No. lgbr 9sea81abrT Al prone r any miner adm.erd are mouser' to rend said hearing and may belwd. should any interested party desks the presence of a court reporter to make a record of the proceedings, In addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that copies of the proposed ordi- nance may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centemrl Center, 915 10th Street, Third Floor, Greeley. Colorado, Monday through I Friday, 8:00 a.m. to 5:00 p.m. BOARD OF COUNTY COM- MISSIONERS WELD COUNTY. COL- ORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: May 1, 1995 Purred In the Window Breen en May III, 1196. AFFIDAVIT OF PUBLICATION STATE OF COLORADO COUNTY OF WELD I, ROGER A. LIPKER, of said County of sworn, say that I am publisher of WINDSOR BEACON SS Weld, being duly a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly for / successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing the date of the ? tday of Z a,..J , A.D., 19 y rand the last publication bearing that date of the day of A.D., 19 and that the said WINDSOR BEACON has been published continuously End uninterruptedly for the c.:riod of 5 consecutive weeks, in said County and State, prior to the date of first publication of said notice airy the •>ame is a newspaper within the meaning of an Act to regulate printing of legal notices and advertisements, approved May 18, 1931, and ail prior acts so far as in force. • ,1B HER Subscribed and sworn -to befor me this I8 day of Arh :u./19 13 2k m4-wcn NOTARY PUBLIC My commission expires � ( a 951®63 ;;TD 11Ilk COLORADO OFFICE OF COUNTY ATTORNEY PHONE (303) 356-4000 EXT. 4391 P.O. BOX 1948 GREELEY, COLORADO 80632 April 18, 1995 FIELD(addressee) FIEl D(street/city) RE: Proposed Changes to Weld County's "Plowout Ordinance" (Ordinance 108-A) Ladies and Gentlemen: The Board of County Commissioners of Weld County, Colorado, is considering certain changes to Ordinance 108-A regarding the plowout and cultivation of grasslands in Weld County. A copy of the Ordinance with the proposed changes is enclosed (if approved, the Ordinance will be repealed and reenacted as Ordinance 108-B). Those portions of the Ordinance which are lined out will be stricken from the text. Those portions which are highlighted will be added. The proposed changes are based upon concerns expressed in the past by various citizens and the County Attorney's Office staff about certain language in Ordinance 108-A. The suggested language was written with assistance from the West Greeley Soil Conservation District. The Board of County Commissioners first reviewed the proposed changes in a work session on Monday, March 27, 1995. At the work session, the question arose as to whether Weld County should even be regulating the plowout and cultivation of grasslands. I was directed by the Board to set a date for a hearing, at which time the Board could hear from all persons and groups interested in the Ordinance. The hearing is set for Wednesday, May 24, 1995 at 7:00 p.m. It will take place in the Board's first floor meeting room, Weld Centennial Center, 915 10th Street, Greeley, Colorado. At the hearing the Board of County Commissioners will hear testimony on two issues regarding Ordinance 108-A. The issues are the following: First, should Weld County continue to regulate the plowout and cultivation of grasslands in Weld County? Second, if the County should continue to regulate, are the changes suggested in the enclosed proposed Ordinance acceptable? 951063 FIELD(addressee) Page 2 April 18, 1995 You and/or your group are invited to attend and present testimony at the hearing on the issues described above. If you cannot attend, you are welcome to send any written comments you have to the Board at P.O. Box 758, Greeley, Colorado 80632. If you have any questions regarding the hearing or the proposed changes to the Ordinance, please feel free to call me at (970) 356-4000, Extension 4390. Very truly yours, Bruce T. Barker Weld County Attorney BTB/gb:let \ord 108B Enclosure 951063 ORDINANCE NO. 108 A 108-B IN THE MATTER OF REPEALING AND RE-ENACTING WELD COUNTY ORDINANCE NO. 108 AND ITS AMENDMENTS 108-A, CONCERNING THE ISSUANCE OF PERMITS FOR THE PLOWOUT AND CULTIVATION OF GRASSLAND IN WELD COUNTY, COLORADO BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the indiscriminate plowout of grasslands in Weld County is a serious problem leading to soil erosion and dust blowing, and WHEREAS, the Board of County Commissioners has determined that it is necessary to regulate the plowout of grasslands in Weld County, and WHEREAS, -the said Board tf County C.,.... ,... , passed Weld County Ordinance No. 108, concerning the issuance of permits for the plowout and cultivation of grassland in Weld County, Colorado, on May 19, 1982, and said Ordinance became effective on that date, and WHEREAS, the said Board tf County C.,..wishes to amend said Ordinance No. +08108-A in order to provide for more effective enforcement of the provisions therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Weld County Ordinance No. +08 108-A is repealed and re-enacted as follows: ARTICLE 1 General Provisions Section I - Purpose and Intent (1) To ensure that land -distributing activities in areas containing privately -owned grasslands shall be conducted in a manner which will minimize damage to those resources for future use. 1 951063 (2) To prevent soil erosion and dust blowing which results from improper soil management techniques. (3) To establish certain requirements which must be met before the cultivation of grassland is permitted. (4) To ensure that soil resources are preserved to the extent possible for the production of food for the present and future inhabitants of Weld County, Colorado. Section II - Authority This Ordinance 108 A 108-$ is adopted pursuant to Section 29-20-101, et seq., C.R.S., entitled the "Local Government Land Use Control Enabling Act of 1974," and Section 30-35-101, et seq., C.R.S., entitled the "Colorado County Home Rule Powers Act." Section III - Definitions (1) "Conservation Plan" means any plan developed by the landowner and approved by the District which describes cultivation methods, cropping systems, and land management techniques required to prevent or reduce soil erosion to acceptable levels on the land for which the plan was developed. The plan shall include a map or aerial photograph delineating the full area of the grasslands and the area on which cultivation is going to take place with dimensions on a one inch to six hundred foot scale (1 "/600') or other scale found by the District to be acceptable and adequate to define the area of the permit. The plan shall also include a soils map and soil descriptions with land capability classification in accordance with the United States Department of Agriculture Land Capability Classification System. Couny.Cc County; a "Cout ty" ssioners.of W '& 0741$0,01: (3} "Cultivation" means the practice of plowing or discing or any other mechanical or chemical preparation of the land for the purpose of producing a crop for harvest. (4) "District" means any soil conservation district organized as provided in Section 35- 70-104, C.R.S. (5) "Grassland" means land having a ground cover of g.,,es ort.which the vegetation r; predominantly Perennial grasses and/orrgrasslike plants (sedges and rushes), and/or peremual 2 951063 or shrubs (exelgignii domestic alfalfa) and which was not cultivated at any time within the five year period previous to May 19, 1982, whether or not it has been cultivated since May 19, 1982. The term "predominant" as used herein means being 50% or greater by air dried weight of the total average annual production from perennial grasses and/or forbs or shrubs. (6) "Revegetate" means the act of planting grasses which are adaptive to the area land and which have been approved by the District in which the land is located. (7) "Successful production" means production of a crop with yields which meet or exceed average yields for the particular grasses or crops grown in Weld County, Colorado. (8) "Very high erosion hazard soil" means soil with less than 5.00" of Available Water Holding Capacity in the top four feet (maximum effective rooting depth), or soil with textures in the top 20 inches being loamy sand, loamy fine sand, sand, or fine sand_ as defined in the Weld County, North Part and Weld County, South Part Soil Surveys. Section IV - Applicability (1) These regulations apply to applications for permits any person(s) seeking to engage in the cultivation of grasslands in Weld County, Colorado, unless such grassland is or will in the following one year be irrigated with a full season water supply and is not a field consisting of 33.3% or more or having 50 acres or more of very high erosion hazard soil. (2) Any person(s) seeking to cultivate ally grassland in Weld County, Colorado, shall obtain a permit pursuant to this Ordinance 108 A 108-B prior to commencing said cultivation, unless such grassland is or will in the following one year be irrigated with a full season water supply and is not a field consisting of 33.3% ar,more.or having 50 acres or more of very high erosion hazard soil. (3) No person shall be required to obtain a permit pursuant to these regulations if; (a) Such person removes introduced grass from a grassland and replants such grassland with perennial introduced grasses or native grasses within two years after such removal; and removal. Such grassland has grass fully established thereon within five years after such Section V - Nonconforming Use (1) The provision of this regulation shall not apply to any noneonforming use existing eft grassland being cultivated at any time within the five year period previous to May 19, 1982, the effective date of Weld County Ordinance No. 108. 3 951063 Section VI - Relationship to Other Regulations (1) Nothing in these regulations shall be construed as exempting an applicant for a permit from any other requirements of this jurisdiction or other state or federal laws. (2) To the extent that the requirements of this Ordinance 108 A 108-B differ from any other applicable requirements, the more restrictive requirements shall apply. ARTICLE 2 Applications and Permits Section I - Permit Submission Requirements An applicant for a permit to engage in the cultivation of grasslands in Weld County Colorado,; shall submit to the Board of County Coi,n.tissitnie.s, as a minimum, the following: (1) A completed application form; (2) A legal description of the grasslands to be cultivated pursuant to the permit; (3) Map(s) delineating the proposed area of the permit by Township, Range, and Sections of said area; (4) Proof of ownership of the grasslands in the form of a deed, or proof of authority to cultivate the grasslands in the form of a lease with authorization for the lessee to cultivate the grasslands and a power of attorney from the owner authorizing the lessee to apply for the permit; (5) A conservation plan, or amended conservation plan if a permit is already in effect, approved by the local soil conservation district board which will specify the conditions under which cultivation is permitted; (6) A permit fee, established by separate ordinance; and (7) Collateral approved by the Board of County Commissioners in the amount of the estimated total cost to revegetate the grassland acreage specified in the application, -as with the per acre cost:being;established by the Board by separate ordinance. All such collateral shall name "Weld County, c/o the Board of County Commissioners of Weld County, Colorado" as beneficiary. Any one or any combination of the four types of collateral listed below are acceptable to Weld County: (a) An irrevocable letter of credit from a federal or state licensed financial institution on 4 951063 a form approved by Weld County. The letter of credit shall state at least the following: (i) The letter of credit shall be in an amount equivalent to 100% of the estimated total. cost to revegetate the cultivated grassland acreage specified in the application, as set by a schedule established by the Board of County Commissioners by separate aetion. (ii) The letter of credit shall provide for payment upon demand to Weld County if the pPermittee has not complied with the conservation plan and permit, and the issuer has been notified of such failure. (iii) The issuer of the letter of credit shall guarantee that at all times the unreleased portion of the letter of credit shall be equal to a minimum of 100% of the estimated total cost to revegetate the cultivated grassland acreage specified in the application, a3 set by a schedule established by the Board of County Commissioners by separate aetion. (iv) The letter of credit shall specify that it shall remain in full force and effect until after the Board Countyjhas received 60 days written notice from the issuer of the letter of credit of a proposed expiration period; said notice shall be sent by certified mail to the Clerk of to the Board of County Commissioners of Weld County, Colorado. (b) An escrow agreement that provides at least the following: (i) The cash in escrow is at least equivalent to 100% of the estimated total cost to revegetate the cultivated grassland acreage specified in the application, a3 set by a L 1 1 �t L1:�1.�1 by the Board of County Commissioners by separate action. (ii) The escrow agent guarantees that the escrow funds will be used for revegetation of the cultivated grassland acreage specified in the application and for no other purpose and will not release any portion of such funds without the prior approval of the Board of County Commissioners. (iii) The escrow agent will be a federal or state licensed bank or financial institution. (iv) If the Board of County Commissioners of Weld County determines that there is a substantial deviation from the permit and there is a need for revegetation of the cultivated grassland acreage covered by the permit, then the escrow agent, upon request by the Board, shall release any remaining escrow funds to Weld County for the purpose of revegetation. (c) A performance bond given by a corporate surety authorized to do business in the state of Colorado in an amount equivalent to 100% of the estimated total cost to revegetate the cultivated grassland acreage specified in the application, as set by a schedule established by the Board by separate aetion. 5 951063 (d) A The cash deposit made with the Board of County Commissioners equivalent to 100% of the estimated total cost to revegetate the cultivated grassland acreage specified in the application, as set by a schedule established by the Board by separate action. ittec's failure to must maintain at all times during the cultivation "of the grassland the collateral mentioned herein, shall be a violation of this Ordinance and grounds for reveeatiern unless the cultivated grassland has been adequately revegetated or suaeessfnl production has.oecurred on the ulti aced grassland far at least six nsecuhq years or for a fallow Iles; A pertnrttee'sFfailtre to .;lr t ;� to sb 1 lie Ordinance: Any person(s) currently cultivating lands with being Class V;; VI, VII, and/or VIII. pursuant to the United States Department of Agriculture Land Capability Classification System Classes V through VIII may revegetate such land and begin cultivating grasslands with Classes I through IV being Class I; II, III, and/or IV only after first obtaining a permit pursuant to this Ordinance 108 A 108-B. Said person must submit, along with the application for said permit, a revegetation and management plan, approved by the District, for revegetating and managing the lands with Classes V through VIII being Class V, VI,- VII ,.and/or VIII• Said person may be required by the Board of County Commissioners to provide the security as required by Article 2, Section I(7), of this Ordinance 108 A 108-B in an amount equivalent to 100% of the estimated cost of revegetating the previously cultivated Class V, VI, VII, and/or through VIII aereage land. The above items must also be submitted by any person seeking to amend an existing permit after the effective date of this Ordinance 108 A 108-B. Section II - Approval of Permit Applications (1) If the applicant for a permit has provided to :the Clerk to the Board County Commissioners a conservation plan or amended conservation plan approved by the local soil conservation district board, has provided security as described in Section I(5) herein, and has paid the applicable permit fee, then the County shall issue such, applicant a permit pursuant to=tin Ordinance 148-B. In no event,; cultivate grassland being a freld,e os1017, irrigation. (2) If the local soil conservation district board disapproves the applicant's conservation plan or amended conservation plan, the applicant may appeal to the Board of County Commissioners for a hearing to consider whether the local soil conservation district board was in error in disapproving said plan and whether the application should be approved. (a) Within twenty (20) days after receiving an appeal for a hearing, the Board of County Commissioners shall set a date for a hearing. At the hearing, the applicant may be 6 951063 present and testify and present evidence on his behalf if he so desires. Said hearing shall be de novo and the burden of proof by a preponderance of the evidence shall rest upon the District which disapproved the conservation plan.. (b) The Board of County Commissioners shall approve the application if the applicant's plan or amended plan will: (i) Allow for the cultivation of grasslands with United States Department of Agriculture Land Capability Classification Systems Classes I through IV; (ii) Keep or reduce soil losses from wind and water erosion to acceptable limits; (iii) Retain snow and rainfall on the land and conserve soil moisture; (iv) Meet the objectives of the applicant both as to his preferred production system and his desired level of economic return; and (v) Prevent or minimize air and water pollution. (3) Upon issuance of a permit pursuant to this Ordinance 108 A 10&B, the conservation plan or amended conservation plan and a copy of this Ordinance 108 A 108-B shall be filed and recorded upon the land records of the Weld County Clerk and Recorder. ection III Permit Runs With Land - Release of Original Permitte (1) Any permit issued pursuant to this Ordinance 108 A , or pursuant to Ordinances 108 and 1!08-A shall run with the land specified in the permit, but sale or transfer of said land shall not release the original pPermittee from the obligations of complying with said permit, nor from the costs for revegetation enumerated in Article 3, Section II(1), of this Ordinance 108 A 108--8. Said pPermittee shall be released from the obligations of complying with said permit if he shows to the satisfaction of the Board of County Commissioners that he has complied with the permit and has transferred any financial guarantee to the new pPermittee. ARTICLE 3 Administration, Enforcement, and Penalties Section 1 - Enforcement Provisions (1) When the Board of County Commissioners is advised in writing that any landowner and/or operator is cultivating or causing to be cultivated any grasslands without first obtaining a 7 951063 permit pursuant to this Ordinance 108 A t0$ -B, the Board is authorized to issue an order to the landowner as listed upon the records of the County Assessor and/or the operator, if any is known, specifying that the cultivation shall cease immediately and that the grasslands shall be revegetated back to species of grass approved by the District or that the landowner and/or operator obtain a permit in accordance with this Ordinance 108 A 108-B. (a) Notice of such order shall be sent by certified mail, return receipt requested, to the landowner and operator, if any is known, or otherwise served as provided in the Colorado Rules of Civil Procedure. (b) Within thirty (30) days of the receipt of such order, the landowner and/or operator shall submit to the Board of County Commissioners a conservation plan approved by the District to comply with such order. (c) If the landowner and/or operator fails to submit a conservation plan as provided in Article 2, or if the landowner and/or operator advises the Board of County Commissioners that he does not intend to or cannot comply with such plan, the Board may take the reasonable action necessary to revegetate the grasslands specified in the order issued pursuant to subsection (1) of this section. Notice of such action shall be sent by certified mail, return receipt requested, to the landowner and operator, if any is known, or served with said notice in accordance with the Colorado Rules of Civil Procedure, prior to the performance of such action. (2) When the Board of County Commissioners is advised in writing that any pPermittee is cultivating or causing to be cultivated any grasslands in violation of his permit previously issued by the Board of County Commissioners, the Board shall then notify the District of said complaint and set a hearing within ten (10) days of the receipt of said complaint in order to determine whether a substantial deviation has occurred between the cultivation practices of the pPermittee and the cultivation practices outlined in the conservation plan of said permit. (a) Said hearing shall be conducted and notice given thereof in accordance with the procedure contained in the "General Procedures for Adjudicatory-Type Hearings" section of the Weld County Administrative Manual. (b) If the Board finds at said hearing that the cultivation practices of thep Penmittee have substantially deviated from the conservation plan in the original permit, the Board shall: (i) Order the pPermittee to comply with the conservation plan contained in the original permit; or (ii) Revoke the original permit and order the pPermittee to cease cultivation immediately and to revegetate the grassland. 8 951063 (c) As an alternative to the action contemplated in subsection (b) above, the pPermittee, the Board, and the district may enter into an agreement wherein the pPermittee agrees to amend the original conservation plan in a manner consistent with the purposes of Article 1, Section I. Said agreement shall be signed by the pPermittee, the Board, and the District. Whenever the aforementioned parties agree to amend the conservation plan pursuant to this subsection, the pPermittee shall provide financial guarantee, in accordance with Article 2, Section I(6), of this Ordinance, unless he has already done so to the satisfaction of the Board. (d) Any permit which is violated after the effective date of this Ordinance 108 A 108-B is subject to revocation according to the provisions of this subsection. Any permit which has been violated previous to the effective date of this Ordinance 108 A 10$-B and which continues to be violated after said effective date shall be subject to revocation according to the provisions of this subsection. (3) Any complaint to the Board of County Commissioners which informs said Board that a violation of this Ordinance 108 A 108-B or a violation of an existing permit is occurring must be in writing. Said writing must specify the Section, Township, and Range wherein the violation is occurring. Additionally, the writing must identify the landowner and/or operator and his or her address if known. All complaints shall be sent directly to the Clerk to the Board of County Commissioners (4) Any order to revegetate or any decision by the Board to cause land to be revegetated shall be subject to review by the District Court, but such action for review must be brought by the landowner within thirty (30) days from the date of such order or decision. Section II - Penalties (1) Upon the completion of the revegetation caused as provided in Article 3, Section I, by the Board of County Commissioners, the Board may, by resolution, assess against the landowner the cost of said treatment, which shall in no event exceed the actual cost of the revegetation. If collateral has been provided pursuant to Article 2, then the Board may use such collateral to pay for said treatment. The Board may expend more money for said revegetation than the amount of the collateral, but shall not be required to do so. (2) Criminal Penalty -- Any person, firm, or corporation violating this Ordinance. 108 A 108-B shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment in the County Jail for not more than ninety (90) days, or by both such fine and imprisonment. Each day during which such illegal cultivation continues shall be deemed a separate offense. ARTICLE 4 9 951063 Severability (1) If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance 108 A 108-B is, for any reason, held or decided to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. (2) The Board of County Commissioners of Weld County, Colorado, hereby declares that it would have passed this Ordinance 108 A 108. B and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. ARTICLE 5 Liability This Ordinance 108 A 108-B shall not be intended to create a civil cause of action against the Board of County Commissioners of Weld County, any District, or any other person that may administer this Ordinance 108 A 1O88 in any manner. ARTICLE 6 Effective Date BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado, that this Ordinance No. 108 A 108+B shall become effective five (5) days after its final public notice, in accordance with Section 3-14(2) of the Weld County Home Rule Charter. 10 951063 The above and foregoing Ordinance No. 108 A l08 -B was, on motion duly made and seconded, adopted by the following vote on the day of , A.D., 19 . ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board By: Chairman Deputy Clerk to the Board APPROVED AS TO FORM: By: 1st Reading - Published - 2nd Reading - Published - Final Reading - Final Publication - Effective - A:\108A.GJB 11 351063 COLORADO DEPARTMENT OF NATURAL RESOURCES STATE SOIL CONSERVATION BOARD DANIEL 0. PARKER, Director 876 Roy Romer Governor April 3, 1995 Mr. George Baxter Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Baxter: RE: PLOW -OUT ORDINANCE It has been brought to our attention that the Weld CO my Commissioners are considering changing or maybe dropping the Plow - out Ordinance they adopted in 1982. This office is concerned aout that action for several reasons. First, the soils in much of eastern and northern Weld County are still such that they will blow if they are left without any vegetative cover during the windy season. There was so much damage done to farmsteads and county roads prior to the Spring of 1982, it can occur again. Secondly, the Dust Blowing Act, CRS 35-72-101 et seq., has been revised since 1982. The County Commissioners might find themselves with greater liability if they should remove the plow -out provisions. We have had several inquiries from other counties during the past month due to the high winds. Third, there is some case law which will be brought to bear should the County withdraw the ordinance. Haas v. Lavin, tried in the 10th Circuit Count in 1980 was found in the favor of the downwind damaged party as the result of blowing-. soil. With, thatcaan law coupled with the county identified as one of the possible responsible parties in the Dust Blowing Act, considerable thought might want to be given before dropping the plow -out ordinance. If we can be of any further service, please feel free to contact us. Cordially yours, 91.9 -a.. —Lit 0. .; Daniel O. Parker CC: Mike Shay, Dean Severin Bob Schlagel Dick Foose 10/(1.6 219 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 950814 Telephone (303) 9541.dwelt. DIRECTORS: JOHN FREZIERES, President Colorado River Watershed 1858 "M" Road Fruita, CO 81521 ROBERT SCHLAGEL, Vice President Upper South Platte Watershed 17038 County Road 17 Platteville, CO 80651 CALISTA GRAVES, Past President Lower Arkansas Watershed 2411 San Juan La Junta, CO 81050 LEE CAMPBELL San Juan Watershed 2666 W. 2nd Avenue Durango, CO 81301 ROBERT CORDOVA Upper Arkansas Watershed 18105 Enoch Road Colorado Springs, CO 80909 GERALD MATHES Rio Grande Watershed Rural Route 1, Box 92 San Acacio, CO 81150 FRED MILLER Gunnison -Dolores Watershed 16011 Shaven Valley Road Montrose, CO 81401 RAYMOND PETERS Republican Watershed 34709 County Road 11 Wray, CO 80758 JIM ROSSI N. Platte -White -Yampa Watershed PO Box 247 Oak Creek, CO 80467 JOHN TOEDTLI Lower South Platte Watershed 69664 Weld County Road 120 Stoneham, CO 80754 OFFICE: GLEN R. ANDERSON Executive Vice President M. ROSE ZACCARO Executive Assistant 3000 Younglield, Suite 163 Lakewood, CO 80215 Phone: (303) 232-6242 FAX: (303) 232-1624 Colorado Association of Soil Conservation Districts 3000 Youngfield #163 Lakewood, CO 80215 April 6, 1995 Mr. George Baxter, Chairman Weld County Commissioners 915 - 10th St. Greeley, CO 80631 Dear Mr. Baxter, Weld County has long been one of the leading Agricultural Counties in the United States. Your county government is one of the leaders in the State. It has been brought to our attention that you have been soliciting response as to whether you should consider the change of your Plow Out ordinance 108 A. We understand your concern is over private property rights and other considerations. As the State office for our 80 Soil Conservation Districts in Colorado and their 400 elected supervisors, we strongly support your Plow Out Ordinance 108 A, and request you do not change the policy and open your county up to indiscriminate plowing of sod which would create a serious problem, and which could open yourselves up to more liability from the neighbors of these areas. The emphasis all over the state is Conservation of Natural Resources and water quality. With the dry weather and wind we have experienced this spring, an open plow out would be disastrous. You have made positive steps forward in conservation, please do not move backward at this time. We again wish to stress our support for your plow out ordinance 108 A. Sincerely, ifeC ssu,L� r -r -e Glen R. Anderson Executive Vice President GRA/maj 50 Years of Conservation 951063 Longmont Soil Conservation District 4595 -Nelson Road, Box D - Longmont, CO 80501 - (303) 776-4034 April 18, 1995 George Baxter Weld County Commissioner 915 10th Street Greeley, CO 80631 RE: PLOW -OUT ORDINANCE Dear Mr. Baxter, At the regular Board of Supervisors meeting in April the Board choose to support West Greeley Soil Conservation Districts stand on the Plow -Out Ordinance. We feel that the need is even greater to retain the Plow -out Ordinance. Many parcels of land have been in disaster programs because of no cover crop. With the never ending problem of winds and inadequate amounts of moisture it is virtually impossible to re-establish grasses in some of these areas. Please take into consideration how precious our natural resources are and re -consider doing away with the Plow - Out Ordinance. The Board of Supervisors would like to be up -dated on any decisions made concerning this ordinance. Thank you for your consideration. Sincerely,re7/ Louis Rademacher, President Longmont SCD LR/jlj ^� CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT UC! ; L/ 951963 CLERK 0 THE B0t.RD Bob E. White 41455 WCR 86 Briggsdale, CO 80611 Weld County Commissioners near Commissioners, Please accept this petition to have my land removed from the West Greely Soil Conservation District. To wit: All of section 35-8-62, the west ; and the SE' 16-8-62, the south A 6-7-61. Thank you, W Bob E. White cc: West Greeley Soil Conservation District Weld County Assessor, Warren Lasell Signature witnessed by: Notary Public Date: cf(G‘/�,�� yu 024--7 / f r 05 0 3/95 ; en /+5 do 2v 6 951063 Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 - Phone 659-7004 May 3, 1995 Bruce T. Barker Weld County Attorney Office of County Attorney P.O. Box 1948 Greeley, CO 80632 s:ELD COUNTY ATTORNEY'S OFFICE RE: Proposed Changes to Weld County's Plowout Ordinance Dear Mr. Barker, We have been informed by your office as well as the West Greeley Soil Conservation District that the Board of County Commissioners is considering abandoning the Plowout Ordinance in Weld County. Our District has voted 3 - 2 in favor of retaining this ordinance. Please consider retaining this ordinance. Thank you for your consideration. Sincerely, Tile Plane "va icy SCD Board of Supervisors CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT 9511)63 George Baxter Weld County Commissioner 915 10th Street Greeley, CO. 80651 Dear Mr. Baxter; The Fort Collins SCD, as promoters of land stewardship, supports the West Greeley SCD's position on the Plow Out Ordinance, 108-A. The grasslands have inherent limitations that restrict their use as viable non irrigated cropland, if mismanaged. These lands have a great potential to experience significant enviromental problems if oversight is not provided. The issue of private property rights ends at the neighbors fence line. Sincerely, Fort Collins Soil Conservation District Board of Supervisors 951063 2r, 277_5- 7iao an: A2 ct.42 ...<2_ -„t_≤;(1,H t•c6S 9 _44J _xLe-cie __eta /J 95106 My name is Bob White. I have farmed and ranched in the Briggsdale area since 1947. Freedom and hard work, without interference from government has allowed Weld County to become one of the greatest agriculture areas in the world. At one time, this land was all grassland, yet people who were willing to devote their resources and life's work, have made it something of which we should be proud. Now the county amd soil district have decided that progress should stop. That only they know how things should be done. Only they, have the right answers and that any one desiring to cultivate grasslands should be forced to pay them for the privilege and accept their dictates on which acres can be farmed, how a person may farm, and force a person to furnish financial security to provide for replanting the land to grass, in the event that the county decides that the farmer is not farming in the manner prescribed by the dirt district. Any one who refuses to follow these dictat es shall be fined and sent to jail Does the county own this land? Does the county accept financial responsibility for errors the soil district might make or for failure of the districts farming plan? How much money will it cost the county when someone is denied a farming permit on land that has no other economical benefit? This would constitute a takings, (amendment V of the U.S. Constitution) and must be paid for. Many people with CRP grass will return it immediately to cultivation because of the fear of regulation in future years. This ordinance devalues the price of tillable grassland since the cost of this ordinance process will be taken from the selling price of the grassland. Is society willing to pay all the owners of tillable grassland for the damage of this ordinance? It is unfortunate that the soil district and commissioners didn't allow free enquiry and honest debate before this ordinance was written as it would have reveled many defects. It is also unfortunate that those who enoy the benefits of land which has been plowed out of grass, now look for ways to prevent others from enjoying the same benefits. The grass plowing ordinance is a document of force, threat and intimida tion. Do those who must use force, threats and intimidation to sell their services, really have anything of value to sell? Since plowing of grasslands is such a very tiny part of the Ag picture ii Wel' County, why has it been singled out and required standards which 951063 no other land must follow? is this discrimination or the first step to complete dictorial take over of everything? Federal farm programs pay farmers to follow certain rules. Your ordinance uses force, threat and intimidation. Federal rules don't allow program payments to be made to those who plow out highly erodible soil, thereby allowing the farmer to make his own choice. Your ordinance does not allow the freedom of choice. Which office should we go to? Why create confusion. Is any part of this ordinance a benefit to the people of Weld County? Or is it only for the benefit of a few of the people. Is it of true benefi t to anyone? Wouldn't it be advisable to consult an attorney knowledgeable in constitutional law? Historical and constitutional limitation of the use of property is very narrow. The government can step in only to prevent affirmative and signific ant harm amounting to a public nuscience. Not because they think there might be harm. Society controls wrong doing by forcing those who are irresponsible, and do wrong, to accomodate themselves to the expected behavior of those who are responsible. Amendment XIV of the U.S. Constitution, Section 1, states that no state shall make or enforce any law which shall abridge the privileges or immuities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Farming and the right to farm grassland has always been a privilege and a right in this country. The dryland is in a transational period. It can't grow, change or become better when government interfers with this process. We cannot remain the same, we must be allowed to plant grass, to plow grass, to develop better ways, better technology and more productive methods. It is wrong to impose farming methods which we developed by trial and error 35 years ago. The farmers have moved on and are bound by the basic fact that survival in the drylands depends on our ability to conserve moisture and soil. Our investment in time and money is huge, it is our choice, it is our land,and often it is our life's work. We know that mistakes are made, sometimes this is a process of learning, but we need the freedom to do these things. Neither the county nor the soil district has the knowledge 951063 to properly instruct us as farming is a hands on operation with success depending on the farmers knowledge of the land he farms. I love the dryland, the quiet, the flowers, birds and wild life. Please don't destroy this with the misguided belief that only you know what's;'best for me. rorceing people to establish financial security for unlimited years was and is wrong. Please do the right thing, release those who have entered into these agreements and please abolish all grass plowing and related ordinances. Thank you, Bob E. White 951961 Hello