HomeMy WebLinkAbout950814.tiff OF Co-tc COLORADu DEPARTMENT OF NATURAL RESOUHCES ,
�e� , STATE SOIL CONSERVATION BOARD
DANIEL 0. PARKER, Director
Roy Romer }`{
Governor It
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>3nty
Commissioners are considering changing or maybe dropping the Plow-
out Ordinance they adopted in 1982 . This office is concerned a8out
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 ac the rac,il t of blowing coil. Wit that case 1 =w
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,
49- ez / 0. 2 .-4-
Daniel O. Parker
CC: Mike Shay, Dean Severin
Bob Schlagel
Dick Foose
,.
950814
` r 219 Centennial Bending, 1313 Sherman Street Denver, Colorado 80203 Telephone (3 -
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