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February 2008

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County may seek more control over government projects

By Cherry Sokoloski
North Forty News

Glade Reservoir, the Greeley water pipeline and a possible airport near Wellington all have one thing in common, besides being controversial. While they could alter the landscape of Larimer County, county commissioners don't have much voice in their permitting or approval.

"It's very frustrating," said Commissioner Randy Eubanks, who is spearheading efforts to give the county greater authority over projects built by other entities. "It's our county, and I don't like telling citizens, 'Sorry, we can't do anything about it.'"

The commissioners will likely take a close look this year at adopting so-called 1041 powers, named for the legislation that created them. These powers have been available to Colorado's counties and municipalities since 1974, and many counties have adopted them. Eubanks said that Weld County took this action in response to threats from the proposed "super slab" project.

However, choosing to adopt 1041 powers is not a simple matter. The county must first identify local geographic areas or activities that have statewide interest, such as reservoirs, power lines and highways. Local governments may also protect wildlife habitat and preserve areas of historic interest under the 1041 rules. Once the areas of interest are identified, the county must write regulations governing those issues.

With 1041 powers in place, the county could require additional mitigation measures, fees or permits before a project could proceed.

Eubanks said he anticipates that the first issues to be tackled by Larimer County would likely be water quality and power lines related to wind farms. More issues and accompanying regulations could be added later, he noted. Developing guidelines for even a few issues could take several months.

Currently, some large-scale projects do not come before the county commissioners for approval. Projects such as Glade Reservoir or the Greeley pipeline require only a "location and extent" review that looks at whether the project is compatible with the county's master plan. This review is conducted by the county planning commission, a volunteer board. What's more, the outside governing body in charge of the project can overrule recommendations made by the planning commission.

"So many major projects are ongoing or looming," Eubanks said, that he would like to proceed with the 1041 process as quickly as possible.


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