San Miguel Board of County Commissioners Pass Land Use Code Amendment for Mining and Mineral Processing

October 8th, 2020

On Wednesday October 7th, 2020 the San Miguel Board of County Commissioners (BOCC) unanimously passed an amendment to the County land use codes to require a two-step review process for all mining and mineral processing applications. Prior to the amendment, mining applications fell under an exception normally provided only to playgrounds and other less-impactful land uses that only require a one-step review. As amended, the Code now provides an established process to inform the BOCC and staff of land use planning impacts emanating from mining proposals in San Miguel County.

This amendment now requires mining and mineral processing applications to receive approval from the planning commission as well as BOCC review, recommendation, and approval. This amendment allows for consistent land use regulation of  mining and mineral processing activities on private and public lands in San Miguel County. As stated in the resolution, “the proposed Two-step Review will ensure that mining and mineral processing operations within the county on private or public lands will be sited in appropriate areas and the impacts of these activities will be sufficiently mitigated.”

Lexi Tuddenham, Executive Director of Sheep Mountain Alliance thanked the BOCC staff and officials for their efforts, stating, “Eliminating the outmoded exception may only appear procedural, but it applies important and well-established land use mechanisms already in effect in other Colorado counties to mining and mineral processing proposals. This sets the stage for substantive mining land use reform to help protect the recreation economy, clean air, and water of San Miguel County, and ensure that future generations are less burdened with cleanup.” Travis Stills, attorney with Energy & Conservation Law in Durango observed, “County land use compliance is a one major step toward addressing the Zombie uranium mines near Slick Rock and in the Big Gypsum Valley that have so far avoided compliance with orders issued by Colorado and federal courts and regulators.”