Article 1. Introductory and General Provisions  

1.101.   Title and Citation

These various sections constituting Chapters 1 through 9 are entitled and may be cited as the "Guidelines and Regulations for Areas and Activities of State Interest of El Paso County," or "these Regulations." Chapter I of these Regulations may be cited as the "Administrative Regulations." References herein to various Chapters, Articles and Sections are to those within these Regulations and not to the El Paso County Land Development Code ("LDC"), unless specifically so cited.

1.102.   Purpose and Findings

(1)

The purpose and intent of these Regulations is to facilitate identification, designation, and administration of matters of state interest consistent with the statutory requirements and criteria set forth in Section 24-65.1-101, et seq., C.R.S.

(2)

The Board of County Commissioners finds that:

(a)

The notice and public hearing requirements of Section 24-65.1-404, C.R.S. have been followed;

(b)

These Regulations are necessary because of the intensity of current and foreseeable development pressures on and within this County;

(c)

These Regulations are necessary for the preservation of the public health, safety and welfare;

(d)

Except as otherwise provided in Chapter 6, these Regulations apply to the entire unincorporated territory of El Paso County; and

(e)

These Regulations interpret and apply to any regulations adopted for specific areas of state interest and specific activities of state interest which have been or may be designated by the Board of County Commissioners.

1.103.   Authority

The Regulations are authorized by, inter alia, Section 24-65.1-101, et seq., C.R.S.; Section 30-28-101, et seq., C.R.S.; Section 30-28-201, et seq., C.R.S.; and Section 29-20-101, et seq., C.R.S.

1.104.   Applicability

These Administrative Regulations shall apply to all proceedings concerning identification, designation and regulation of any developments in any area of state interest or any activity of state interest which have been or may hereafter be designated by the Board of County Commissioners.

1.105.   Exemptions

The portions of these Regulations which are authorized exclusively under Section 24-65.1-101, et seq., C.R.S., as amended, shall not apply to any development in an area of state interest or any activity of state interest if, on the effective date of these Regulations: June 6, 2013 with respect to Chapters One through Five, inclusive, hereof, and August 6, 2013 with respect to Chapter Six, December 17, 2013 with respect to Chapters Eight through Nine, March 11, 2014 with respect to Chapter Seven:

(1)

The specific development or activity is authorized by a valid building Permit issued by the Pikes Peak Regional Building Department on behalf of the County;

(2)

The specific development or activity was directly approved by the electorate of the State or of the County; provided that approval by the electorate of any bond issue shall not, in and of itself be construed to be an approval of the specific development or activity;

(3)

The specific development or activity is to be on land which has been finally approved, with or without conditions, for planned unit development or for a use other than a subdivision substantially the same as a planned unit development, and a Site Development Plan has been approved by El Paso County prior to the effective date of these Regulations for the development or activity which would otherwise be subject to these Regulations;

(4)

The specific development or activity is to be on land which has been zoned by the County expressly and specifically for a use by right for the use contemplated by the development or activity and a Site Development Plan has been approved for the specific development or activity which would otherwise be subject to these Regulations;

(5)

These Regulations shall not apply to the division, subdivision or resubdivision of land, which complies with the Land Development Code, the El Paso County Engineering Criteria Manual and the City of Colorado Springs and the El Paso County Drainage Criteria Manual, as long as any exceedance of the thresholds in Section 6.105(3) are addressed in the land use approval process.

(6)

The day-to-day operations of an existing project or facility, or a minor change in the operation of an existing project or facility, including retrofitting or updating technology, so long as the change in operation does not constitute a material change and does not cause negative impacts different from that of the existing facility or project or otherwise exacerbate existing impacts. The determination of minor change, material change, and negative or exacerbating impacts shall be made by the Development Services Department Director.

(7)

These Regulations shall not apply to any use or structure otherwise lawfully existing on the date the area or activity is designated or subjected to these Regulations which use becomes nonconforming as a result of the adoption of these Regulations, provided, when such a nonconforming use shall be discontinued for one year or more or a nonconforming structure is damaged or destroyed to the extent of at least fifty (50) percent of the County Assessor's assessed value, any reuse, reconstruction, or replacement of such structure shall be deemed a new use and shall be subject to these Regulations. Additionally, expansion of a legal nonconforming use or structure shall require a Permit.

1.106.   Relationship of These Regulations to Other Requirements

(1)

Whenever these Regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, or other enactment of El Paso County, the enactment imposing the more restrictive standards or requirements shall control.

(2)

These Regulations are intended to be applied in addition to, and not in lieu of, all other regulations of El Paso County, including without limitation, the El Paso County Zoning and Subdivision Regulations (Land Development Code) and Section 313 of the Pikes Peak Regional Building Code, as amended from time to time.

(3)

Approval of location for a facility under LDC Section 5.3.3 and/or C.R.S. § 30-28-110, et seq. does not obviate and shall not substitute for the need to obtain a Permit for that facility under these Regulations.

(4)

In the event these Regulations are found to be less stringent than the statutory criteria for administration of matters of state interest set forth in Sections 24-65.1-202 and 24-65.1-204, C.R.S., the statutory criteria shall control.

(5)

In the event these Regulations are found to be more stringent than the statutory criteria for administration of matters of state interest set forth in Sections 24-65.1-202 and 24-65.1-204, C.R.S., these Regulations shall control pursuant to the authority of Section 24-65.1-402(3), C.R.S.

(6)

Permit requirements included in these Regulations shall be in addition to and in conformance with all applicable state and federal water quality and environmental laws, rules and regulations, including but not limited to the following, as amended from time to time.

(a)

Section 25-8-701, et seq., C.R.S., sewage treatment plant site approval;

(b)

5 C.C.R. § 10002-22 Regulation No. 22, Site Location and Design Approval Regulations for Domestic Wastewater Treatment Works;

(c)

Section 25-8-501, et seq., C.R.S., point source pollutant discharge Permits;

(d)

Section 208 (33 U.S.C. Section 1288) area-wide wastewater treatment management planning administered by the Pikes Peak Area Council of Governments (as to wastewater treatment only);

(e)

Section 303 (33 U.S.C. Section 1313) river basin water quality management planning;

(f)

Disposal of sewage sludge (33 U.S.C. Section 1345);

(g)

Section 32-1-201, C.R.S., Special District Control Act;

(h)

16 U.S.C. Section 661-666(c) (1970), the Fish and Wildlife Coordination Act;

(i)

Section 102(c) (42 U.S.C. Section 4321, et seq.) the National Environmental Policy Act;

(j)

Section 404 of the Federal Clean Water Act; and

(k)

Current clearance letter or take Permit for the Project issued by the U.S. Fish & Wildlife Service for threatened or endangered animal or plant species.

(7)

Review or approval of a project by a federal or state or local agency does not obviate and shall not substitute for, the need to obtain a Permit for that Project under these Regulations. Any applicant for a Permit under these Regulations that is also subject to the regulations of other agencies may request in writing that the County application and review process be coordinated with that of the other agency or agencies. If practicable, and in its discretion, the County may attempt to eliminate redundant application submittal requests and may coordinate its review of the application with that of other agencies as appropriate. The County shall provide the applicant, in writing, a copy of its decision upon such coordination request.

(8)

The applicant shall comply with all applicable federal and state laws, regulations, ordinances, review and Permit requirements, and other agency requirements, if any, of applicable agencies including, but not limited to, the Colorado Division of Wildlife, Colorado Department of Transportation, U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service regarding the Endangered Species Act, particularly as it relates to the Preble's Meadow Jumping Mouse as a listed threatened species.

(9)

For projects located in known Preble's Meadow Jumping Mouse habitat, approval of a Permit is subject to the applicant obtaining the approval of the U. S. Fish & Wildlife Service (FWS) to undertake development activities since the property is located in known Preble's Meadow Jumping Mouse ("PMJM") habitat, and therefore, development on the site may directly affect continued existence of the PMJM. Therefore, prior to issuance of the Permit, applicant shall obtain approval from the FWS for the same and shall provide evidence of said approval to the Permit Authority and the Development Services Department.

(10)

Land use regulations by their very nature generally, and these Regulations specifically, impose limitations on private property rights. The intent of these Regulations is not to limit property rights inconsistently with guarantees set forth in the Colorado and United States Constitutions as so interpreted by the courts.

1.107.   Maps

(1)

Each map referred to in designations and regulations for any particular matter of state interest adopted by the Board of County Commissioners is deemed adopted therein as is set out in full.

(2)

Maps referred to in any such designation and regulation shall be filed with and be available for inspection at the office of the El Paso County Development Services Department.

1.108.   Duties of the Board of County Commissioners

Unless otherwise specifically provided herein, it shall be the duty of the Board of County Commissioners to perform all functions pertaining to matters of state interest.

1.109.   Severability

If any section, clause, provision, or portion of these Regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder shall not be affected thereby.

1.110.   Definitions

The words and terms used in these Regulations shall have the meanings set forth below unless the context requires otherwise or unless the term is more specifically defined elsewhere herein:

(1)

Administratively Approved Permit: a permit under these Regulations which is administratively approved with or without conditions, by the Director in consultation with the County Engineer under Section 2.202 of these Regulations.

(2)

Board of County Commissioners: the Board of County Commissioners, El Paso County, State of Colorado.

(3)

County: El Paso County, Colorado.

(4)

Designation: that legal procedure specified by Section 24-65.1-401, et seq., C.R.S., carried out by the Board of County Commissioners.

(5)

Development: any construction, activity, or change in activity which changes the basic character or the use of the land on which the construction activity or change occurs.

(6)

Planning and Community Development Department , or "Department" or PCD: the administrative department within El Paso County government responsible for certain permitting and administrative functions as set forth in these Regulations.

(7)

Director: the person designated by resolution of the Board of County Commissioners to be the Executive Director of the Development Services Department and manage the Development Services Department or that person's equivalent position or delegated representative.

(8)

Land Development Code , or LDC: the El Paso County Land Development Code, as amended from time to time by the Board of County Commissioners.

(9)

Layman's description: a general, nonlegal description and the popular name, if any, of the tract of land upon which the activity or development is to be conducted. The term "general description" means "layman's description."

(10)

Legal description: any description from which it is possible to locate accurately on the ground the boundaries of the land being described.

(11)

Material change: any change in a Project as approved under these Regulations which significantly changes the nature of impacts considered in approval of the original Permit or in the case of a development not previously issued a permit, a structural modification, change of use, change of operation, change of user, which significantly changes the nature of the development and its associated impacts.

(12)

Matter of state interest: development in an area of state interest or conduct of an activity of state interest or both.

(13)

Mitigation: avoiding an impact; minimizing impacts by limiting the degree or magnitude of the action or its implementation; rectifying the impact by repairing, rehabilitating or restoring the impact area, facility or service; or compensation for the impact by replacing or providing for the replacement of biological or physical conditions, services or facilities.

(14)

Permit: a Permit issued under these Regulations to conduct an activity of state interest and/or to engage in development in an area of state interest. Permit shall also include an Administratively Approved Permit issued by the Director of Development Services under Section 2.202, as the context requires.

(15)

Permit Authority: the Board of County Commissioners.

(16)

Person: any private individual, partnership, corporation, association, company, or any public or corporate body, including the state and federal governments, and including any political subdivision, agency, instrumentality, or corporation thereof.

(17)

Project: the facility and/or development which is the subject of an application or an approved Permit under these Regulations.

(18)

Receipt of Application: the time at which the completed application is accepted by the Director and a receipt for the same is issued to the applicant.

(19)

Site Development Plan: the development plan for one or more lots showing the existing and proposed conditions of the lot and any improvements existing or to be constructed on the lot. This includes topography, vegetation, drainage, floodplains, wetlands and waterways, landscaping and open spaces, walkways, means of ingress and egress, circulation, utility services, structures and buildings, signs and lighting, berms, buffers and screening devices, surrounding development, and other information that may be reasonably required for the Director to determine compliance with the requirements of these Regulations, and subsequently authorize issuance of a building or development Permit.