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All divisions of land must be reviewed and approy'ed 6y the appropriate fire protection
district for adequate primary and secondary access, fire lanes, water sources for fire
protection, fire hydrants, and maintenance provisions.
The following resource protection standards apply to all proposed Land Use Changes, including
divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more
standards.
7.201. AGRICULTURAL LANDS.
A. No Adverse Effect to Agricultural Operations.
Land Use Changes on lands adjacent to or directly affecting agricultural operations shall
not adversely affect or othenvise limit the viability of existing agricultural operations.
Proposed division and development of the land shall minimize the impacts of development
on Agricultural Lands and agricultural operations, and maintain the opportunity for
agricultu ral production.
B. Domestic Animal Gontrols.
Dogs and other domestic animals that are not being used to assist with the herding or the
care of livestock shall not be permitted to interfere with livestock or the care of livestock
on Agricultural Lands. The County shall require protective covenants or deed restrictions
as necessary to control domestic animals.
C, Fences.
The County is a Right to Farm County consistent with section 1-301. Fences shall be
constructed to separate the development from adjoining Agricultural Lands or stock drives
as required to protect Agricultural Lands by any new development and to separate new
development from adjoining agricultural operations. All parts of the fencing including such
items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner,
HOA, or other responsible entitY.
D. Roads.
Roads shall be located a sufficient distance back from the property boundaries so that
normal maintenance of roads, including snow removal, will not damage boundary fences.
Dust control shall be required, both during and after construction, to minimize adverse
and crops
E. Ditches.
rado State Statutes, C.R.S. 37-86-102, provides that "any person
owning a water right or conditionalwater right shall be entitled to a rightof-
way through the lands which lie between the point of diversion and point of
use or proposed use for the purpose of transporting water for beneficial use
in accordance with said water right or conditionalwater right." A plat note
shall be placed on allfinal plats and site plans for land use change permits
for properties that are impacted by, or contain, irrigation ditches.
2. The Colorado Constitution Article XVl, Section 7 provides that all persons
and corporations shall have the right-of-way across public, private and
corporate lands for the construction of ditches for the purposes of
conveying water for domestic, agricultural, mining, manufacturing and
drainage purposes upon just compensation.
3. Rights-of-Way. The land use change shall not intedere with the ditch
rights-of-way.
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DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS
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4.
5.
Maintenance. Where irrigation ditches cross or adjoin the land proposed to
be developed, the developer shall insure that the use of those ditches,
including maintenance, can continue uninterrupted.
Maintenance Easement. A maintenance easement shall be indicated on
any Final Plat for the division of land or for the final development plan for
any other land use. The Applicant shall provide a letter from the ditch
owner accepting that the development proposal will have no impact on their
ability to maintain the ditch and that an adequate maintenance easement
is possible. No structure or fence shall be placed within the right-of-way or
easement without written permission from the appropriate ditch owner.
Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s)
to operate and maintain their ditch without increased burden of
maintenance or liability. Development shall minimize ditch crossings. At a
minimum all irrigation ditch crossings shall:
a. Require the crossing be sized to not interfere with ditch operations
or change existing hydraulic flow characteristics;
b. Provide vehicle and maintenance equipment dccess to the ditch
from both sides of the ditch crossing from all roads for use by the
ditch owne(s);
c. Prior to permit application, or construction within the ditch right-of-
way the Applicant shall provide a letter from the ditch company
regarding agreement with standards contained in the proposed
crossing;
d. The BOCC may require specific improvements to ditch crossings if
determined to be necessary in the review process, particularly if
these improvements are required to address safety concerns;
Referral to Ditch Owner. Application for Division of Land or Land Use
Change Permit that may affect or impact any ditch right-of-way shall include
the name and mailing address of the ditch owner. (This information may
be obtained by contacting the Water Commissioner at the Colorado
Division of Water Resources to determine the ditch owner for purposes of
requesting review and comment on the development proposal).
Drainage. Application for Division of Land or Land Use Change Permit that
includes any improvements located adjacent to or below grade of an
irrigation ditch shall address and mitigate potential impacts to the irrigation
ditch in a drainage plan. The drainage plan shall demonstrate that the
drainage will not impair operation of the ditch.
Water Quality and Stormwater Management. No development or changes
in land use shall channel surface waters into any irrigation ditch without the
written consent of the ditch owner.
6.
8.
9.
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7-202. WILDLIFE HABITAT AREAS.
The Applicant shall consult with the Colorado Parks and Wildlife or a qualified wildlife biologist in
determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include,
but are not limited to, 1 or more of the following:
A. Buffers.
Visual and sound' buffers shall be created through effective use of topography, vegetation,
and similar measures to screen structures and activity areas from habitat areas.
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