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Home My WebLink About20222129.tiffFINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS 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 Board of County Commissioners of Weld County, Colorado, has been informed by Jerrold Brethauer, in accordance with C.R.S. §35-72-103(1), that dust is blowing from the following described parcel of land: Lot A of Recorded Exemption, RE -1303; being part of the N1/2 NW1/4 of Section 33, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, said parcel is owned by Jerold and Alice Hoffman, 12293 Antelope Trail, Parker, Colorado 80138, and WHEREAS, the Board has caused an inspection of the above -described parcel of land by Liz Schneider, Conservation Technician with the West Greeley Conservation District, and WHEREAS, pursuant to the information and the inspection referred to above, a hearing before the Board was held on the 25th day of July, 2022, and WHEREAS, Jerold and Alice Hoffman were notified of said hearing by FedEx Priority Overnight mail on July 21, 2022, and WHEREAS, the following persons were present at said hearing: Liz Schneider, Jerold Hoffman, and Jerrold Brethauer, and WHEREAS, pursuant to C.R.S. §35-72-103(1), the Board did make the following Findings of Fact: 1 That soil is blowing from the land in sufficient quantity to be injurious to private property including, but not limited to, crops, grasslands, fences, fence rows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, borrow ditches, fences, or other public property. Ms. Schneider's presentation showed there is a large quantity of soil built up along the fence line and on Mr. Brethauer's field road from soil blowing off the described parcel. 2. That an emergency exists. Due to Mr. Hoffman's attitude and refusal on the record to voluntarily work with Ms. Schneider, the Board lacks confidence he will take the necessary measures to fix the problem, and therefore finds there is a high likelihood that soil will blow again in the near future. 3. That the operation appears to have been in existence for more than one year, the operation is negligent, and the operation has changed so that it is now a nuisance. The Board heard testimony from Mr. Hoffman that he used to grow crops on the Cc : CR(B8/Mc), W6 CD, A en. /3O/22 2022-2129 EX0011 FINDINGS AND ORDER REGARDING DUST BLOWING CITATION PURSUANT TO C.R.S. §35-72-103 - JEROLD AND ALICE HOFFMAN PAGE 2 land, but due to personal circumstances he has not grown anything this year, and he has not found another person to discharge his duty to prevent soil blowing from his land. 4. That such blowing can be prevented or materially lessened by treatment of the soil. Ms. Schneider provided an extensive and authoritative list of steps to prevent soil blowing. Only some of these are within the power of the Board; however, the Board finds that there are some soil treatments recommended by Ms. Schneider that will materially lessen the soil blowing. 5. That property damage appears to be resulting from soil blowing. The record shows that there has been damage to the fence, field road, and crops of Mr. Brethauer's adjacent property. IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado, pursuant to C.R.S. §35-72-103(1), that the property owner, Jerold Hoffman, shall take the following actions to prevent or materially lessen the soil blowing: apply manure and mow the weeds and grass on the property to a height of 4-6 inches. The actions shall be commenced as soon as practicable, and they shall be completed by October 24, 2022. A report to the Board shall be made at the regularly scheduled meeting on November 7, 2022, to assess compliance with this order. The above and foregoing Findings and Order was, on motion duly made and seconded, adopted by the following vote on the 25th day of July, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELL COUNTY, COLORADO ATTEST: d‘duA) % Weld County Clerk to the Board County Attorney Date of signature: X73 /22 2022-2129 EX0011 FINDINGS FOR DUST BLOWING CITATION PURSUANT TO SECTION 35-72-103, C.R.S. Pursuant to Section 35-72-103(1), C.R.S., the Board of County Commissioners of Weld County, Colorado, may issue a citation to the owner and/or occupier of lands from which dust is blowing, specifying the nature of treatment required, the extent thereof, the date by which such treatment is to be commenced, and the date it is to be completed. In order to issue such a citation, the Board must find the following facts: 1. That soil is blowing from the land in sufficient quantity to be injurious to private property including, but not limited to, crops, grasslands, fences, fence rows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, borrow ditches, fences, or other public property. 2. That an emergency exists. 3. That the operation has been in existence for less than one (1) year; or if the operation has been in existence for more than one (1) year, then one of the following: a. The operation was a nuisance at the time the operation began; or b. The operation is negligent; or c. The operation has been changed so that it now results in a public or private nuisance; or d. The operation has substantially increased in size. 4. That such blowing can be prevented or materially lessened by treatment of the soil. 5. That property damage appears to be resulting from soil blowing. The Board must then specify what treatment will prevent or materially lessen the soil blowing, and then state the date by which such treatment is to be commenced, and the date it is to be completed. 7/21/2022 1 Liz Schneider Conservation and Small Acreage Technician West Greeley Conservation District Our Mission • Provide leadership and guidance in the conservation and management of natural resources through research, education, financial assistance, and on the ground conservation practices. innnri PRIVATE LAND FEDERAL & STATE 1,390,000 ACRES LAND 260,000 ACRES 39 (15 GREELEY �' 76 West Greeley Conservation District was established on June 14. 1948 in accordance with the Colorado Soil Conservation 2 1 7/21/2022 3 Property of Concern SE Corner of WCR 52 & WCR 53 Parcel: 096333000018 Owner: Jerold J & Alice L Hoffman WCR 52 F I Owner HOFFMAN JEROLD 1 Account - .. .. - Parcel: 09633 30O0018 Address Subdivisaoit Section: 33 Township:: N Range: 64W Fmy_ , �,y Renort Data Sears B:+ffe• Z3•ti Owner HOFFMAN ALICE I. Account - Parcel: )90333000018 Address Subdivision: Sae0o=t ;3 Township: Range: 64W rra es e `(tQY Pata ?ea•s 3::ffr Say Displaying 1 - 2 (Total: 21 41 4 Pa0e 1 cl ► I► ® -• 7/21/2022 Jerold J & Alice L Hoffman Landowner since 1990 Weld County Assessor Property Report: • Flood Irrigated Land- 43.160 Acres • Meadow Hay Land- 25.50 Acres 68.660 Acres Total nIkrwalloffl Led urc Took 0 cob a ONortpNe 42711 RA1001 SUPPORT et ca s 4117 0t000OlRtOATED L#eC AGM:,ULTURM. 413? tli;..{UOW RIY tNC-AGRICULTURAL 0AcOSIIOS iAMMOThhw Ola n : Land 34711 b 073 S.OM 4 >p0 0 000 10060 43160 1UAOOSk 1 593 7S SOO 16520 PASO 1 nn0 43t 5 WEST GREELEY CONSERVATI N DISTRICT Dear Jerold & Alice Hoffman. Property of interest: Account: R0043991 Parcel: 096333000018 33-05-64 4302 W. 9m St. Rd. Greeley. CO 80634 (970) 356-8097 Eat 3 www.wgod.org 7/6!2022 This letter is to inform you that there have been complaints) of your property stated above having significant blowing dust and erosion concerns. Blowing dust is a concern of environmental impact as well as a concern of our natural resources. The historical events of the Dust Bowl during the 1930's created an American revolution in our farming practices and taught farmers the importance of keeping native grasses and forbes covering our highly erodible land. For educational purposes I have included a copy of the Colorado Statutes 35-72-102 listed below: C.R.S. 35-72-102 Duty of landowner - liability for damage. (11 To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil. it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or minimize erosion of the soil and soil Wowing. 7/6/2022 Letter Sent to Property Owner • Inform Landowner of Complaint • Share Colorado Statues 35-72- 102/103 - Duty of Landowner • Offer Support, Guidance to Landowner, Remediation Recommendations • No Response from Landowner, Willing to Provide Guidance h 7/21/2022 7 High Prairie Dog Activity 8 4 7/21/2022 Web Soil Survey 4 Main Soil Types on Property Search 6 Weld County, Colorado, Southern Part (C0618) Weld County, Colorado, Southern Part (C0618) Map Unit Acres Percent of Symbol in AOl AOI 4 Aquolls and 0.0 0.0% Aquepts, flooded 47 Olney fine 24.2 35.0% sandy loam, 1 to 3 percent slopes 70 Valent sand, 3 1.1 1.6% to 9 percent slopes 72 Vona loamy 43.8 63.4% sand, 0 to 3 percent slopes Totals for Area of 69.1 100.0% Interest Map Unit Name 9 Soil Texture & Erodibility Factors • Particle Size Determines Classification - Gravel, Sand, Silt, Clay • Soil Texture = % Sand, Silt, & Clay • Organic Matter - Increases Soil Stability, Soil Drainage, Soil Fertility, & Improved Biodiversity • Soil. Moisture - Low Soil Moisture = Increase in Erodibitity • Vegetation establishment = Erosion Control GRAVEL mm SANV SILT CLAY irtsble at 0 inches 0 '16 2 i I i r I 3; '16 10 7/21/2022 High Wind Erodibility Index I abler Wind trudibility Index -- Summary Hy Map IMO r. Summary by Map Unit Weld County, Colorado, Southern Part ((-/Mt11) Summary by Map Unit — Weld County. Colorado. Southern Part iC0618) Map unit symbol 4 47 70 72 Map unit name Aquolls and AGuepts, flooded 0 Olney fine sandy loam 1 to 3 percent slopes 86 Valent sand, 3 to 9 percent slopes Vona loamy sand, 0 to 3 percent slopes Totals for Area of Interest Rating (tens per acre per year) 220 134 Acres in AOI 0.0 24.2 1.1 43.8 69.1 Si Percent of AOI 0.0% 35.0% 1.6% 63.4% 100.0% Dc -.t ript ieo W tnd I rorltbibty Index n the wa vend odtbSy index la a numerkal value tad catunp the susrrpbbt.fy of sod to wind eios on, or the tons per erre pet year that cer. be expected e b to bet to • erosion. There b a doss ccrrelatk.n between wind ecosr,•n and the textuee of the surface layer, the site and durability of entree Gods, rock fragments, organs m.t" land a calcareous reretba. Sall moisture and frozen sod layers else; influence wind erosion. it it (lylinnc - Wind Irn.liht6ly Ind. x Units of Measurr: '•.rn per ace per year Aggregation Method: Dominant C'onda(nn Component Pen rat Culotr: None Spe ctSed 1 to break Rule. Nigher 98.4% of Propert is Highly Erdible Sol Tables — Wind frudibitdty Index — Summary fly Map unit r Summary by Map Unit Weld County, Summary by Map Unit -- Weld County, Colorado, Southern Part (CO618) Map unit symbol Map unit name 4 Aquolls and Aquepts, flooded 47 Olney fine sandy loam. 1 to 3 percent slopes 70 Valent sand, 3 to 9 percent slopes 72 Vona loamy sand, 0 to 3 percent slopes Totals for Area of Interest Colorado, Southern Pan (C0618) Rating (tons per acre per year) Acres in AOl Percent of AOl 0 0.0 0.0% 86 24.2 35.0% 220 1.1 1.6% 134 43.8 63.4% 69.1 100.0% 1 �..� Drs riptinn — Wind frodihility Index I ne wind erodibility index is a numerical value indicating the susceptibility of sod to wind erosaon. Or the tons per acre per year that can be expected to be lost to wined etcraon There is a ckr.e correlation between wind erosion and the texture of the surface layer, the we and durability d unlace ckxls, rock fragments, organic matter, and a calcareous reactan Sod moisture and frozen sod layers also influence wind erosi0r7. Rating Options Wind trodibility Index r Units of Measure: tons per acre per year Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified tie break Rule: Higher 1 7/21/2022 14 13 Livestock Facility 7 r ant .Cover-' Bliffal6pGrass 7/21/2022 17 18 Kochia, Smooth Bromegrass, Russian Kochia, Goat Heads and Crab Grass Siberian Elm Tree Row, (Living and Dead Trees) Plus 7 Living Larger Cottonwood Trees 7/21/2022 Approximately 1,300 Linear Feet of Drifted Soil 24 12 7/21/2022 25 26 13 7/21/2022 28 27 Ground Cover Along South Side of Property Mainly Annual Weeds Goat Heads, Crab Grass, Kochia and Bindweed 7/21/2022 2f9 Stockpile of Blown Soil- Neighboring Landowner Bladed Blown Soil from Field Road to this Area Spring 2022, Actively Blowing Soil 15 7/21/2022 31 Crop Damage Reported on Triticate Crop in 2021 Crop Damage Reported on Corn Crop 2022 Small Soil Drifts, Burnt Leaves = Yield Reduction Steps to Recover Property • Land Leveling and Ditch Cleaning - Redistribution of Blown Soil Drift's and Prepare Ditch to Carry Water • Removal and Replacement of Dead Trees, Broken Fence/Fence Posts - Replacement of Trees Slows Wind Erosion • Mow Tall Weeds and Grasses in Fall - 4 to 6 Inch Height • Liquid Manure Application - Holds Soil, Adds Soil Organic Matter and Provides Nutrients • Fall/Spring - Grass Seeding - Direct Seeding into Mowed Weeds - Native Grass Seed Mix or Drytand Mix • Weed Control and Regular Mowing Once Grass is Established - Maintain a 6 to 8 Inch Height on Grass and Use a Broadleaf Chemical such as 2- 4D to Control Weeds. 32 7/21/2022 Steps to Recover Property Continued, • Keep Livestock off Seeded Area, 1-2 Growing Seasons to Ensure Grass Establishment. • Once Grass is Thriving, Continue to Control Weeds - If Landowner Decides to Graze, a Grazing Plan Should be in place with Natural Resource Conservation Service (NRCS) to ensure Proper Stocking Rate and Reduce the likelihood of Overgrazing 33 Getting Started and Working Together Short- and Long -Term Monitoring of Property • Contact with Jerold Hoffman - working directly with the landowner to provide education and technical support. • Repeated photographs of the same location • Basic documentation of the progress the landowner is making to better manage property • As monitoring progresses over time, this shows the landowners efforts and the management techniques that may or may not be working in the operation. If changes need to be made, monitoring well help identify something that isn't working. 34 17 7/21/2022 Recommended Timeline for Landowner - On or before listed deadline Land leveling, drift leveling, and cleanup done • Weeds and grasses mowed back to 4 to 6 inches • 3 Oct. 2022 17 Oct. 2022 7 Nov. 2022 17 Nov. 2022 Dead trees removed: broken fences cleaned up Area that needs liquid manure application Liquid manure applied to south half of property and any bare soil areas such as the north south ridge (Approximately 5,000 Gallons /Acre, unless soil sample suggests higher) 35 Recommended Timeline for Landowner - On or before listed deadline, Continued Approved grass seed mix must be planted - Regular watering is encouraged and should be applied to maximize seeding success • At least one 2-4D Chemical application should be applied to manage weeds, two applications by this date would be ideal. • Grass should be monitored for weeds (if weed pressure is present), 2-4D Chemical should be applied and grass should be mowed and maintained at an approximate height of 6 inches, not shorter. • 18 Apr. 2023 1 June 2023 15 Aug. 2023 Fall 2023 Spring 2024 Spring 2025 • Alt replacement trees/shrubs should be planted, and irrigation system established • Grass should be left to go to seed and not mowed off. This would also be a great time to get a grazed plan started with NRCS Field Staff • Livestock can graze if grazing plan is in place and grass is well established. 36 18 7/21/2022 Liz Schneider Conservation and Small Acreage Technician West Greeley Conservation District Contact me: Eiz..sch neiderwgcd,arg 970-534-2319 WEST GREELEY CONSERVATI*N DISTRICT 37 Full Scheme of Dust Blowing Act CRS § 35-7-102 imposes a duty on landowners to prevent soil from blowing off their land Allows people whose property is damaged by blowing soil to sue in court. Requires the injured party to notify county commissioners before suing. CRS § 35-7-103 mandates the Board of County Commissioners responds to emergency blowing soil situations in the County. CRS § 35-7-105 allows the Board to assess $40 per acre or actual cost of treatment if it performs work to mitigate blowing soil. CRS § 35-7-106 gives the property owner the right to sue in court to challenge the assessment after the fact. 38 7/21/2022 Findings pursuant to C.R.S § 35-7-103 That soil is blowing from the land in sufficient quantity to be injurious to private property including, but not limited to, crops, grasslands, fences, fence rows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, borrow ditches, fences, or other public property. That an emergency exists. That the operation has been in existence for less than one (1) year; or if the operation has been in existence for more than one (1) year, then one of the following: The operation was a nuisance at the time the operation began; or The operation is negligent; or The operation has been changed so that it now results in a public or private nuisance; or The operation has substantially increased in size. That such blowing can be prevented or materially lessened by treatment of the soil. That property damage appears to be resulting from soil blowing. 39 20 This map is a user generated static output from an Inter net mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION FIELD REPORT GROWER : BRETHAUER FARMS FIELD : 1st DATE : 05/23/22 Down To Earth Consulting LLC 2117 61st AVE Greeley Co 80634 1-970-381-4053 dteconsulting@outlook.com SCHOTT CORN = We have a little wind and frost damage on this field. The damage from the frost was low but the wind on the north side burnt the plant pretty good ( corn pic on the left ) also we have a few doubles ( pic to the right ) we can spray as soon as the corn has some regrowth ( end of week ) SCHOTT ALFALFA = I stopped by to do a quick sweep net on your hay, starting to see some feeding and had a few in my sweep net, you may call your pilot to keep an eye out on them so the don't get out of hand (we lost lorsban) DUELL = Looks good we do have some doubles and there are starting to be some weeds pressure, the stand for the most part is good, can spray as soon as its dry, would like to have it sprayed before 4" tall weeds and or v4 corn HOPP HD#5 ( WIPER ) I see that they sprayed this one also, I think we will be fine on most but we still have some seed that is setting in dry dirt and the banvel can hurt that seed if it gets pushed down around the seed before it germinates, you can see the cold stunted the corn a little ( yellow ring ) north BAKER = We have a little frost damage (left upper pic) but not to bad, starting to see some weeds up, I will check again after irrigation to see if I need to change the chemical rec DUELL D#3= A these two pic are from the cloddy area along the west side Yesterday ET Summary ALFALFA = .22" CORN = .09" SMALL GRAIN = .22" This is just a guide to help figure out what your crop is using each day SOIL TEMP = 64 en, " 444 FIELD REPORT ULT1!4 GROWER : BRETHAUER FARMS FIELD : 2nd DATE : 05/23/22 HOPP EAST SIDE = The corn shows a little frost burn on upper part but over all looks good, the roots are in moisture ( left pic) and we are starting to effect the weeds ( left pic's ) Down To Earth Consulting LLC 2117 61st AVE Greeley Co 80634 1-970-381-4053 dteconsulting@outlook.com Estimated by plant week stage ET Yesterday ET Summary SMALL This day TEMP ALFALFA CORN out is what just = = .09" GRAIN = your 64 .22" a guide = .22" crop to is help using SOIL figure each 0.942 Week Week 1.32 Week WEST GREELEY DISTRICT Dear Jerold & Alice Hoffman, Property of interest: Account: R0043991 Parcel: 096333000018 33-05-64 4302 W. 9d, St. Rd. Greeley, CO 80634 (970) 356-8097 Ext 3 www.wgcd.org 7/6/2022 This letter is to inform you that there have been complaint(s) of your property stated above having significant blowing dust and erosion concerns. Blowing dust is a concern of environmental impact as well as a concern of our natural resources. The historical events of the Dust Bowl during the 1930's created an American revolution in our farming practices and taught farmers the importance of keeping native grasses and forbes covering our highly erodible land. For educational purposes I have included a copy of the Colorado Statutes 35-72-102 listed below: C.R.S. 35-72-102 Duty of landowner - liability for damage. (1) To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or minimize erosion of the soil and soil blowing. If soil blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil. (2) Any owner or occupier who sustains damages to his property, including but not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock, proximately caused by the failure of any other owner or occupier of other land to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction. (3) Any unit of state government or any agency of the state or federal government which sustains damages to any of its property, including but not limited to roads, barrow ditches, or fences, proximately caused by the failure of an owner or occupier to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from such owner or occupier by bringing an action in any court of competent jurisdiction. 1 (4) Such recourse to the court may be taken only upon demonstration that such owner, occupier, unit, or agency of government allegedly sustaining damages has submitted a written report of soil blowing to the board pursuant to section 35-72-103. (5) In any action brought under this section, any preventive practice followed by an owner or occupier pursuant to a citation issued by a board pursuant to the provisions of section 35-72-103 is not an admission of tort liability, in any such action, and no determination of the board shall give rise to a presumption of negligence or lack of negligence of an owner or occupier. (6) The provisions of this section shall not apply to any land less than one acre in area. What can be done to help remediate this soil erosion issue and help you conserve your land? As mentioned above, establishing a nice stand of native grasses is very helpful in these situations or maybe you might be more interested in utilizing cover cropping? Windbreaks and shelterbelts can also be very helpful in slowing and reducing wind erosion. Planting a windbreak reduces the likelihood of having future issues with blowing dust complaints. I would be happy to come out and visit with you on this matter and work together to find a solution that could work well in your operation. Thank you for taking the time to read this letter, I look forward to speaking with you and finding a solution. Sincerely, 6chn.eide. Liz Schneider Conservation and Small Acreage Technician West Greeley Conservation District 4302 West 9t St Rd Greeley, CO 80634 970-534-2319 liz.selmeider@wgcd.org Enclosure: Weld County Property Map 2 July 21, 2022 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com JEROLD AND ALICE HOFFMAN 12293 ANTELOPE TRAIL PARKER, CO 80138-8291 RE: DUST BLOWING COMPLAINT Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear testimony concerning complaints of dust blowing from the property described as: Lot A of Recorded Exemption, RE -1303; being part of the N1/2 NW1/4 of Section 33, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. The meeting is scheduled for Monday, July 25, 2022, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. The hearing will be conducted pursuant to C.R.S. §35-72-103, a copy of which is attached for your information. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or cwhite@weldgov.com. Sincerely, Chloe A. White Deputy Clerk to the Board Supervisor cc: County Attorney's Office Colorado Revised Statutes 2018 TITLE 35 AGRICULTURE Cross references: For authority of boards of county commissioners to conduct agricultural research, see article 24 of title 30. ADMINISTRATION ARTICLE 1 Department of Agriculture Cross references: For creation of the department of agriculture and the transfer to that department of the state agricultural commission, the office of commissioner of agriculture, and other divisions, authorities, boards, or bureaus, under the "Administrative Organization Act of 1968", see § 24-1-123. 35-72-103. Action by county commissioners - emergency conditions. (1) (a) When the board of a county of the state is advised in writing or otherwise informed that soil is blowing from land in the county; the board is supplied with a description of the land; and it appears that private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or roads, barrow ditches, fences or other public property is being damaged by the blowing soil, the board shall as soon as practicable: (I) Give notice of the complaint to the owner or occupier of the land from which soil is blowing; and (II) Inspect or order the inspection of the land. (b) If the board finds, after consultation with the local district board of directors, the state conservation board, or an extension agent with expertise in soil conservation or soil science, and after consultation with local owners or occupiers, including the owner or occupier of the land from which soil is blowing, that soil is blowing from the land in sufficient quantity to be injurious to private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, barrow ditches, fences, or other public property because of soil being blown thereon, the board shall determine what, if anything, can be done to prevent or materially lessen the blowing of soil from the land. If the board determines, after the consultation, that the complaint lodged with it falls under article 3.5 of this title, the board shall not take further action. If the board finds, after the consultation, that an emergency exists, that the blowing is occurring, that property damage appears to be resulting from the blowing soil, and that it can be prevented or materially lessened by treatment of the soil, the board shall issue a citation to the owner as listed upon the records of the county assessor and to Colorado Revised Statutes 2018 Page 509 of 548 the occupier, if known to the board, specifying the nature of the treatment required and the extent thereof, the date by which the treatment is to be commenced, and the date it is to be completed. (2) Notice of such citation shall be given by personal communication, if possible, and by mailing a copy thereof by registered mail addressed to each of the persons to whom the citation is directed at the address as shown on the records of the county assessor; otherwise, service of such citation shall be made as provided by the Colorado rules of civil procedure for the service of summons. Such citation shall also be posted in a public place in the county courthouse in the county in which said land is located. If such treatment is not commenced on or before three days or within such greater time as may be specified in such citation after the date of such personal communication, mailing, and posting or the service of notice as provided in this subsection (2), or if the treatment is not performed in the manner and to the extent specified in the citation and in a workmanlike manner and with due diligence, or if, prior to the expiration of the date fixed in said citation, the persons to whom said citation is directed advise the board that they do not intend to or cannot accomplish the work so directed, the board may cause such treatment to be performed in accordance with such citation. (3) The provisions of this section shall not apply to any land less than one acre in area. Source: L. 54, 2nd Ex. Sess.: p. 22, § 3. CRS 53: § 128-3-3. C.R.S. 1963: § 128-3-3. L. 65: p. 1060, § 1. L. 81: (1) and (2) amended, p. 1695, § 3, effective July 1. L. 83: Entire section amended, p. 1377, § 4, effective May 12. L. 2002: (1) amended, p. 516, § 9, effective July 1. L. 2014: (1) amended, (SB 14-052), ch. 43, p. 214, § 1, effective August 6. Colorado Revised Statutes 2018 Page 510 of 548 7/21/22, 8:55 AM FedEx Ship Manager - Print Your Label(s) CO W vCD m� ZC LOPL O91P PLLL 1HDINN3A0 All OINd d00:Zb Mr zz - 11Id J222022041201uv MALL £6ZZ6 581 J25A921FE4A m 0 z v n m 0 ii z After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. 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Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 1/2 7/21/22, 8.55 AM FedEx Ship Manager - Print Your Label(s) Shipment Receipt Address Information Ship to: JEROLD AND ALICE HOFFMAN Ship from: CHLOE WHITE WELD COUNTY 12293 ANTELOPE TRAIL 1150 O STREET RM 166 PARKER, CO 80138 US 000-000-0000 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 777447607401 Ship date: 07/21/2022 Estimated shipping charges: 12.96 USD Package Information Pricing option: FedEx Standard Rate Service type: Priority Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.20 LBS Declared Value: 0.00 USD Special Services: Residential Delivery Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: CLERK TO THE BOARD SENDER NAME: CHLOE A. WHITE ADDITIONAL INFO: CTB DEPARTMENT ORGANIZATION CODE: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, mis deem or misinformation unless you declare a higher value, pay en additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales income interest, profit, attorney's fees, casts, and other forms of damage whether direct, incidental, consequential or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $10e f e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 2/2 WELD COUNTY DUST BLOWING COMPLAINT CERTIFICATE OF MAILING NAE '' FTM , .'AST NAME Ct MPANY ADDRESS 1= CITY STATE POSTAL Rt5IRS '; JEROLD AND ALICE HOFFMAN 12293 ANTELOPE TRAIL PARKER CO 80138 - 8291 I hereby certify that I have placed a true and correct copy of the notice of hearing letter for a dust blowing complaint, in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 21st day of July, 2022. Chloe A. White Deputy Clerk to the Board Supervisor 7/14/22, 9:25 AM Property Report r Weld County PROPERTY PORTAL Account Parcel Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R0043991 July 14, 2022 Account Information Account Tax Space Type Year Buildings R0043991 I 096333000018 I Agricultural 2022 Legal { PT N2NW4 33-5-64 LOT A REC EXEMPT RE -1303 (1.78R) Owner(s) Property Address Actual Value 62,576 16,520 Zip I Section Township I Range Property City I 33 05 164 I 1 Account l Owner Name 1 Address HOFFMAN R0043991 I JEROLD J I R0043991 HOFFMAN ALICE L L. Document History 12293 ANTELOPE TRL PARKER, CO 801388291 https://propertyreport.co.weld.co.us/?account=R0043991 1/7 7/14/22, 9:25 AM Property Report Reception Rec Date 02231916 E 11-01-1990 Type Grantor Grantee Doc Fee Sale Date Sale Price WD WONENBERG HERMAN & ANITA M HOFFMAN JEROLD J i 8.00 1 11-01-1990 & ALICE L 80,000 RECORDED 2230881 10-23-1990 I RE EXEMPTION RE -1303 2230881 i 10-23-1990 ( RE RE -1303 ! RE -1303 0.00 ? 10-23-1990 0.00 0 *If the hyperlink for the reception number does not work, try a manual search in the Clerk and Recorder records. Use the Grantor or Grantee in your search. Building Information Building 1 AccountNo I Building ID Occupancy R0043991 ( 1 I Equipment Building IID Type NBHD I Occupancy Complete Bedrooms I Baths Rooms Out 6801 Equipment I 100 Budding Building I Total ' Finished ID I Square Condo I Basement Basement Garage I Carport Balcony Porch Ft I SF SF SF SF 1 SF 1 SF SF 1 --i-- 4,800 1 0 0 i 0 0 0 https://propertyreport.co.weld.co.us/?account=R0043991 2/7 7/14/22, 9:25 AM Property Report Built As Details for Building 1 q ID I Built As Square Year Ft Stories Length i Width I Built I ID 1.00 Equipment Building AccountNo R0043991 ID Type No Additional Details for Building 1 Building 2 Building ID 2 96 50 Occupancy Shed - Cattle NBHD Occupancy ' Complete Bedrooms I Baths Rooms 288 Out 6801 Shed 100 Budding I! Cattle I s Roof T Unit I Exterior Cover Interior j HVAC I Perimeter Units I e ( Make Type None I 48 0 Total Finished Condo Basement I Basement Garage Carport I Balcony Porch SF 1 SF SF SF SF SF SF 0 0 Built As Details for Building 2 , Square Year ID , Built As I Ft Built Stories Length Width 2.00 Shed - 288 2002 Cattle No Additional Details for Building 2 24 12 https://propertyreport.co.weld.co.us/?account=R0043991 3/7 7/14/22, 9:25 AM Property Report Valuation Information Type Code Description Actual Value Assessed Value Acres Land SgFt Improvement 4279 FARM RANCH SUPPORT BLDGS 18,526 4,890 � 0.000 1 Land 4117 ( FLOOD IRRIGATED LAND - AGRICULTURAL 38,075 10,050 43.160 1,880,050 Land Totals { 4137 MEADOW HAY LAND- AGRICULTURAL I 5,975 62,576 I 1,580 16,520 25.500 1,110,780 - - I 68.660 2,990,830 J Comparable sales for your Residential or Commercial property may be found using our SALES SEARCH TOOL Tax Authorities https://propertyreport.co.weld.co.us/?account=R0043991 4/7 7/14/22, 9 25 AM Property Report Tax Area District ID District Name Current Mill Levy 0738 0700 AIMS JUNIOR COLLEGE 6 342 0738 0302 CENTRAL COLORADO WATER (CCW) 1 404 0738 0309 CENTRAL COLORADO WATER SUBDISTRICT (CCS) 2 189 0738 0305 (CWC) AL WELD COUNTY WATER 0 000 0738 1050 HIGH PLAINS LIBRARY 3 197 0738 0301 (NCW) NORTHERN COLORADO WATER 1 000 0738 0515 PLATTE VALLEY FIRE 5 165 0738 0207 SCHOOL DIST RE7-KERSEY 10 456 0738 0100 WELD COUNTY 15 038 0738 1200 WEST GREELEY CONSERVATION 0 414 Total 45 205 Photo https //propertyreport co weld co us/account=R0043991 5/7 7/14/22. 9:25 AM Property Report https://propertyreport.co.weld.co.us/?account=R0043991 6/7 7/14/22, 9:25 AM Property Report Sketch NO SKETCH Map Maxar I Weld County Government Powered by Esri Get additional detail with the Map Search. Copyright © 2022 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R0043991 7/7 § 35-72-101. Legislative declaration, CO ST § 35-72-101 West's Colorado Revised Statutes Annotated Title 35. Agriculture Soil Conservation Soil Erosion Article 72. Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C.R.S.A. § 35-72-101 § 35-72-101. Legislative declaration Currentness (1) Soil erosion and damage caused by wind storms and blowing soil produced thereby are recognized and declared to be injurious or destructive to the property and natural resources of this state and a menace to the safety of the citizens of the state. (2) To deter actions which are harmful to property and natural resources and to further the ability of persons injured by negligent conduct associated with blowing soil to have legal recourse, it is determined to be in the interest of the people of this state to allow recovery of damages for such negligent conduct. Credits Amended by Laws 1983, H.B.1171, § 1. C. R. S. A. § 35-72-101, CO ST § 35-72-101 Current through signed legislation effective July 15, 2022 of the Second Regular Session, 73rd General Assembly (2022). Some statute sections may be more current. See credits for details. End of Document No cl<i , t „ri, al U.S. Cinv, 111771 nt Works. WESTLAW § 35-72-101.5. Definitions, CO ST § 35-72-101.5 West's Colorado Revised Statutes Annotated Title 35. Agriculture Soil Conservation Soil Erosion Article 72. Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C.R.S.A. § 35-72-101.5 § 35-72-101.5. Definitions Currentness As used in this article, unless the context otherwise requires: (1) "Board" means a board of county commissioners. (2) "District" means a conservation district formed under the provisions of article 70 of this title. (3) "Occupier" means any person, firm, any unit of state government or any agency of the state or federal government, or corporation, other than the owner, who is in lawful possession of any land within the county, whether as lessee, renter, tenant, or otherwise. (4) "Owner" means any person, firm, or agency of state or federal government or unit of state government in whom is vested the ownership, dominion, or title of the property, and is recognized and held responsible by the law as owner of the property. Credits Added by Laws 1983, H.B.1171, § 2. Amended by Laws 2002, Ch. 163, § 30, eff. July 1, 2002. C. R. S. A. § 35-72-101.5, CO ST § 35-72-101.5 Current through signed legislation effective July 15, 2022 of the Second Regular Session, 73rd General Assembly (2022). Some statute sections may be more current. See credits for details. End of Document R,ot,rs\ i or,ia l .5 ti nir,ti r Works WESTLAW § 35-72-102. Duty of landowner --liability for damage, CO ST § 35-72-102 West's Colorado Revised Statutes Annotated Title 35. Agriculture Soil Conservation Soil Erosion Article 72. Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C.R.S.A. § 35-72-102 § 35-72-102. Duty of landowner --liability for damage Currentness (1) To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or minimize erosion of the soil and soil blowing. If soil blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil. (2) Any owner or occupier who sustains damages to his property, including but not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock, proximately caused by the failure of any other owner or occupier of other land to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction. (3) Any unit of state government or any agency of the state or federal government which sustains damages to any of its property, including but not limited to roads, barrow ditches, or fences, proximately caused by the failure of an owner or occupier to discharge his duty to prevent soil blowing from land he owns or occupies may recover actual damages from such owner or occupier by bringing an action in any court of competent jurisdiction. (4) Such recourse to the court may be taken only upon demonstration that such owner, occupier, unit, or agency of government allegedly sustaining damages has submitted a written report of soil blowing to the board pursuant to section 35-72-103. (5) In any action brought under this section, any preventive practice followed by an owner or occupier pursuant to a citation issued by a board pursuant to the provisions of section 35-72-103 is not an admission of tort liability, in any such action, and no determination of the board shall give rise to a presumption of negligence or lack of negligence of an owner or occupier. (6) The provisions of this section shall not apply to any land less than one acre in area. Credits Amended by Laws 1981, H.B.1099, § 2; Laws 1983, H.B.1171, § 3. C. R. S. A. § 35-72-102, CO ST § 35-72-102 WESTLAW § 35-72-102. Duty of landowner --liability for damage, CO ST § 35-72-102 Current through signed legislation effective July 15, 2022 of the Second Regular Session, 73rd General Assembly (2022). Some statute sections may be more current. See credits for details. End of Document . 2022 Thomson Relaars \o claim to original U.S. Move nment Works_ WESTLAW § 35-72-103. Action by county commissioners --emergency conditions, CO ST § 35-72-103 West's Colorado Revised Statutes Annotated Title 35. Agriculture Soil Conservation Soil Erosion Article 72. Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C.R.S.A. § 35-72-103 § 35-72-103. Action by county commissioners --emergency conditions Effective: August 6, 2014 Currentness (1)(a) When the board of a county of the state is advised in writing or otherwise informed that soil is blowing from land in the county; the board is supplied with a description of the land; and it appears that private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or roads, barrow ditches, fences or other public property is being damaged by the blowing soil, the board shall as soon as practicable: (I) Give notice of the complaint to the owner or occupier of the land from which soil is blowing; and (II) Inspect or order the inspection of the land. (b) If the board finds, after consultation with the local district board of directors, the state conservation board, or an extension agent with expertise in soil conservation or soil science, and after consultation with local owners or occupiers, including the owner or occupier of the land from which soil is blowing, that soil is blowing from the land in sufficient quantity to be injurious to private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, barrow ditches, fences, or other public property because of soil being blown thereon, the board shall determine what, if anything, can be done to prevent or materially lessen the blowing of soil from the land. If the board determines, after the consultation, that the complaint lodged with it falls under article 3.5 of this title, the board shall not take further action. If the board finds, after the consultation, that an emergency exists, that the blowing is occurring, that property damage appears to be resulting from the blowing soil, and that it can be prevented or materially lessened by treatment of the soil, the board shall issue a citation to the owner as listed upon the records of the county assessor and to the occupier, if known to the board, specifying the nature of the treatment required and the extent thereof, the date by which the treatment is to be commenced, and the date it is to be completed. (2) Notice of such citation shall be given by personal communication, if possible, and by mailing a copy thereof by registered mail addressed to each of the persons to whom the citation is directed at the address as shown on the records of the county assessor; otherwise, service of such citation shall be made as provided by the Colorado rules of civil procedure for the service of summons. Such citation shall also be posted in a public place in the county courthouse in the county in which said land is located. If such treatment is not commenced on or before three days or within such greater time as may be specified in such citation after the date of such personal communication, mailing, and posting or the service of notice as provided in this subsection (2), or if the treatment is not performed in the manner and to the extent specified in the citation and in a workmanlike manner and with due diligence, or if, prior to the expiration of the date fixed in said citation, the persons to whom said citation is directed WESTLAW § 35-72-103. Action by county commissioners --emergency conditions, CO ST § 35-72-103 advise the board that they do not intend to or cannot accomplish the work so directed, the board may cause such treatment to be performed in accordance with such citation. (3) The provisions of this section shall not apply to any land less than one acre in area. Credits Amended by Laws 1981, H.B.1099, § 3; Laws 1983, H.B.1171, § 4; Laws 2002, Ch. 163, § 9, eff. July 1, 2002; Laws 2014, Ch. 43, § 1, eff. Aug. 6, 2014. C. R. S. A. § 35-72-103, CO ST § 35-72-103 Current through signed legislation effective July 15, 2022 of the Second Regular Session, 73rd General Assembly (2022). Some statute sections may be more current. See credits for details. End of Dnmnen( Thomson I2eulci,. dzrna to origml l .5. (aoverEzment 14oris. WESTLAW § 35-72-105. Method of assessment, CO ST § 35-72-105 West's Colorado Revised Statutes Annotated Title 35. Agriculture Soil Conservation Soil Erosion Article 72. Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C.R.S.A. § 35-72-105 § 35-72-105. Method of assessment Effective: August 6, 2014 Currentness (1) Upon the completion of the treatment caused to be performed by the board as provided in section 35-72-103, the board shall, by resolution, determine what land benefits and from which soil is blowing and assess against the owner of the benefited land the actual cost of the treatment not in excess of forty dollars per acre or the actual cost of treatment, whichever is less, in one calendar year. The board shall record the resolution in the minutes of the board, deliver the original to the county assessor, and send a copy by registered mail to the landowner at the address shown on the records of the county assessor and to the occupier, if known to the board. (2) Upon delivery of said resolution to the assessor, he shall extend the same upon the assessment rolls, and said assessment shall thereupon become a part of the general taxes and constitute a lien against said land as set forth in said resolution and shall thereafter become due in the same manner and be collected in the same manner as the general ad valorem property tax. Such assessment may be paid at any time before general taxes become due and payable. All of the provisions of the general laws for the enforcement of the collection of taxes shall be applicable thereto after the extension by the assessor. (3) All such amounts collected shall be transmitted to the county treasurer, who shall credit the same to the county general fund in order to reimburse those funds which were expended by the board of county commissioners in carrying out the treatment action as authorized by this article. The county treasurer shall not be entitled to collect any fees for the collection of such assessments. Credits Amended by Laws 1981, H.B.1099, § 4; Laws 1983, H.B.1171, § 5; Laws 2014, Ch. 43, § 2, eff. Aug. 6, 2014. C. R. S. A. § 35-72-105, CO ST § 35-72-105 Current through signed legislation effective July 15, 2022 of the Second Regular Session, 73rd General Assembly (2022). Some statute sections may be more current. See credits for details. c 02'_ Thomson Rcutcr, a clairrj WESTLAW § 35-72-105.5. Immunity, CO ST § 35-72-105.5 West's Colorado Revised Statutes Annotated Title 35. Agriculture Soil Conservation Soil Erosion Article 72. Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C.R.S.A. § 35-72-105.5 § 35-72-105.5. Immunity Currentness So long as it is engaged in the scope of activity permitted by the provisions of this article, a board or any of its members shall not be held liable in any court of competent jurisdiction for conduct associated with such tasks undertaken or assigned by it. Credits Added by Laws 1983, H.B.1171, § 6. C. R. S. A. § 35-72-105.5, CO ST § 35-72-105.5 Current through signed legislation effective July 15, 2022 of the Second Regular Session, 73rd General Assembly (2022). Some statute sections may be more current. See credits for details. ,f Document ' ! l horn,ur, K iit:r. `,,, iiti to or,m, . C;c-F rnn nt \-V rIt WEST LAW § 35-72-106. Judicial review, CO ST § 35-72-106 West's Colorado Revised Statutes Annotated Title 35. Agriculture Soil Conservation Soil Erosion Article 72. Soil Erosion --Dust Blowing --1954 Act (Refs & Annos) C.R.S.A. § 35-72-106 § 35-72-106. Judicial review Currentness Any landowner aggrieved at the amount of the assessment against his land may bring an action in the district court of the county in which the land is situated to test the validity of the assessment or to enjoin its collection, but such action must be brought within thirty days after the assessment is made and the copy of the resolution of the board is mailed as provided in section 35-72-105 and cannot be brought thereafter. Credits Amended by Laws 1983, H.B.1171, § 7. C. R. S. A. § 35-72-106, CO ST § 35-72-106 Current through signed legislation effective July 15, 2022 of the Second Regular Session, 73rd General Assembly (2022). Some statute sections may be more current. See credits for details. End of Document .U=' l h ni, m (lcut,i No claim t n,i; L , C, > rnn Vvorl<;. WESTLAW § 35-3.5-102. Agricultural operation deemed not nuisance --state..., CO ST § 35-3.5-102 West's Colorado Revised Statutes Annotated Title 35. Agriculture Administration Article 3.5. Nuisance Liability of Agricultural Operations (Refs & Annos) C.R.S.A. § 35-3.5-102 § 35-3.5-102. Agricultural operation deemed not nuisance --state agricultural commission --attorney fees --exceptions Currentness (1)(a) Except as provided in this section, an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. (b) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (I) Change in ownership; (II) Nonpermanent cessation or interruption of farming; (III) Participation in any government sponsored agricultural program; (IV) Employment of new technology; or (V) Change in the type of agricultural product produced. (2)(a) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if such agricultural operation: (I) Was established prior to the commencement of the use of the area surrounding such agricultural operation for nonagricultural activities; (II) Employs methods or practices that are commonly or reasonably associated with agricultural production; and (III) Is not operating negligently. WESTLAW § 35-3.5-102. Agricultural operation deemed not nuisance --state..., CO ST § 35-3.5-102 (b) Employment of methods or practices that are commonly or reasonably associated with agricultural production shall create a rebuttable presumption that an agricultural operation is not operating negligently. (3) The court may, pursuant to sections 13-16-122 and 13-17-102, C.R.S., award expert fees, reasonable court costs, and reasonable attorney fees to the prevailing party in any action brought to assert that an agricultural operation is a private or public nuisance. Nothing in this section shall be construed as restricting, superseding, abrogating, or contravening in any way the provisions of sections 25-7-138(5), C.R.S., and 25-8-501.1(8), C.R.S. (4) As used in this article, "agricultural operation" has the same meaning as "agriculture", as defined in section 35-1-102(1). (5) Any ordinance or resolution of any unit of local government that makes the operation of any agricultural operation a nuisance or provides for the abatement thereof as a nuisance under the circumstances set forth in this section is void; except that the provisions of this subsection (5) shall not apply when an agricultural operation is located within the corporate limits of any city or town on July 1, 1981, or is located on a property that the landowner voluntarily annexes to a municipality on or after July 1, 1981. (6) This section shall not invalidate any contracts made prior to September 1, 2000, but shall be applicable only to contracts and agreements made on or after September 1, 2000. (7) A local government may adopt an ordinance or pass a resolution that provides additional protection for agricultural operations; except that no such ordinance or resolution shall prevent an owner from selling his or her land or prevent or hinder the owner in seeking approval to put the land into alternative use. Credits Added by Laws 1981, H.B.1099, § 1. Amended by Laws 1996, S.B.96-36, § 2, eff. May 2, 1996; Laws 1999, Ch. 116, § 1, eff. July 1, 1999; Laws 2000, Ch. 66, § 1, eff. Sept. 1, 2000. C. R. S. A. § 35-3.5-102, CO ST § 35-3.5-102 Current through signed legislation effective July 15, 2022 of the Second Regular Session, 73rd General Assembly (2022). Some statute sections may be more current. See credits for details. End of Document 0?2 Thomson Rcutci, No I<tiin ro r ri i i,ii t .S. trovernmont Work;. WESTLAW Hello