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HomeMy WebLinkAboutResponse To Constituent Letter - Mail Packet - 10/19/2021 - Letter From Mayor Jeni Arndt To Land Conservation & Stewardship Board Re: Adoption Of 1041 Regulatory Powers For Protection Of Natural Areas Mayor City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.416.2154 970.224.6107 - fax fcgov.com October 14, 2021 Land Conservation & Stewardship Board c/o Zoe Shark PO Box 580 Fort Collins, CO 80522 Dear Board Members: On behalf of City Council, thank you for providing us with the October 13, 2021 memorandum regarding “Adoption of 1041 Regulatory Powers for Protection of Natural Areas” wherein the Board urged the Council to support adoption, with particular focus on “Activities of State Interest” as outlined in the chart included in your letter. As you know, City Council is scheduled to discuss this at the October 19, 2021 Council meeting, which begins at 6:00 p.m. We encourage the Board to watch the meeting on FCTV cable television or stream online at https://www.fcgov.com/fctv/ and again, we are thankful for your service, your concern for City Natural Areas and your input on this agenda item. Best Regards, Jeni Arndt Mayor /sek Cc: City Council Members Kelly DiMartino, Interim City Manager MEMORANDUM Land Conservation & Stewardship Board Page 1 13 October 2021 To - Fort Collins City Council From - Land Conservation and Stewardship Board (LCSB) Subject - Adoption of 1041 Regulatory Powers for Protection of Natural Areas The Land Conservation and Stewardship Board is urging City Council to support adoption of 1041 powers for four Activities of State Interest. House Bill 74-1041 delegated regulatory authority to local governments for certain Areas of State Interest and Activities of State Interest.0F 1 These are: Activities of State Interest: selection, construction, and development of… Areas of State Interest: places with… 1. water supply and treatment systems 2. highways 3. public transit infrastructure 4. utilities 5. waste disposal sites 6. airports 7. new communities 8. geothermal resources 1. historical resources 2. archaeological resources 3. natural resources 4. mineral resources 5. natural hazards 6. nearby major facilities The first four Activities and the first three Areas are of relevance and concern for protecting Natural Areas. However, other State laws provide significant protection for the Areas of State Interest, so our focus is on Activities of State Interest. Without stronger local regulatory authority, our Natural Areas are at risk. Large infrastructure projects are anticipated in the next few years, and our protected open spaces (Running Deer, Arapaho Bend, Riverbend Ponds, and more) will make attractive routes for Front Range Passenger Rail, Highway 287 bypass, high-speed feeders to Interstate 25, and other potential projects. Our Natural Areas along the Poudre River will be targets for new pipeline routes. We need strong local permitting authorities to protect investments of $100’s of millions made by Fort Collins taxpayers for their Natural Areas. For forty-seven years, municipal and county governments across Colorado have implemented regulatory authorities delegated to local governments under House Bill 74-1041.1 1041 authorities move permitting from State government to local government, where community values and perspectives guide regulatory decisions. Local authority is strong; governing boards of State 1 In 2017, the Colorado Department of Local Affairs studied the application of 1041 powers across the State. Its report is available on the web at https://drive.google.com/file/d/1DFWbEsiEIcsu08V7M82A9QuVDk5YtrG2/view?,authuser=0 . MEMORANDUM Land Conservation & Stewardship Board Page 2 agencies and quasi-government agencies (Colorado Department of Transportation, or water and sanitation districts, for example) cannot override local permitting decisions. When those decisions have been litigated, Colorado courts have consistently upheld local 1041 authorities. The Colorado Department of Local Affairs did an extensive review of 1041 in 2017 (see Footnote 1); information above was taken from its report. Larimer County has 1041 regulations, but those do not protect assets within our City Limits. Therefore, it is the LCSB’s strong recommendation that the City adopt 1041 powers for the four Activities of State Interest identified above.