County designates public roads in Red Feather Lakes

By Stephen Clearheart Johnson
North Forty News

Larimer County has decided to recognize nine roads and road segments in the Red Feather Lakes area as public.

County commissioners made the decision at the request of the Red Feather Lakes Planning Advisory Committee following a hearing in the mountain community on Oct. 21. The new designations affect a portion of Main Street, Firehouse Lane, a short segment of Grand Drive, Hiawatha Highway, Ramona Drive, Letitia Drive, Eagle Tree Circle, Nokomis Road and Monoma Road.

The PAC has studied the issue for a long time. Earlier this year, it conducted a local public meeting and surveyed residents for written comments on the proposal.

County Attorney George Haas pointed out that the commissioners do not have the authority to declare the roads public, a right reserved by the courts, but could acknowledge them as public as a matter of policy.

This recognition does not mean that the roads are county property or that the county will provide maintenance. Rumors that this would lead to increased taxes to pave the roads were quickly dispelled by the commissioners.

The commissioners took public questions and heard reports from both PAC members and county planning and engineering staff.

Colorado statutes hold that roads over private lands are public if they have been used for 20 years without objections by the owners. PAC members presented 24 affidavits and letters testifying to such historic use.

The commissioners considered whether the recognition would be in the best interest of the public. No outright objections to the proposal were presented during the hearing. Several residents brought up questions concerning such matters as possible setback issues, continued use of all-terrain vehicles on the roads and whether voluntary maintenance could continue.

County staff responded by assuring the residents that setback requirements apply only to new construction, that enforcement of ATV use would occur only if the sheriff received a complaint and that maintenance could continue.

PAC members testified that recognition would solve problems involving title insurance in areas where no legal access was documented and would solve the problem of continual actions to move or relocate roads. Other benefits cited included utility rights of way and increased property values.

The PAC has proposed using a GPS centerline survey to determine the location of the roads as they currently exist. It received a "bargain basement" bid of $10,000 to perform the survey if it could be done before the end of the year.

Red Feather resident Daryl Elmer, a surveyor, wanted assurance that the surveyed line would be properly monumented to allow future replication. Commissioner Tom Donnelly, also a surveyor, concurred and presented a motion that a monumenting requirement be included in the scoping.

Commissioner Kathay Rennels pointed out that contract negotiations for the survey would have to be conducted by county staff, not the PAC, because public money would be used.