The Archuleta County Board of County Commissioners (BoCC) recently discussed making potential changes to the county’s land use regulations (LUR) relating to temporary use permits (TUPs) that allow citizens to live in temporary structures or recreational vehicles (RVs).
During the BoCC’s regular work session held on Tuesday, Oct. 21, Interim County Manager Mike Torres explained that “there has been an ongoing conversation about temporary and recreational vehicles being placed on parcels throughout the county,” on privately owned land and the requirements the county has put in place.
Commissioner Veronica Medina shared a highlighted document with her suggestions of what could be changed in the county’s LUR section concerning temporary structures and RVs.
Torres noted the county passed Resolution 2021-89, which allows residents to apply for a TUP in order to live in an RV for 120 consecutive days before having to renew the permit.
He explained the resolution was intended to help with the county’s affordable housing crisis by providing another option for residents who may not be able to afford a traditional home at the moment.
“We did this resolution to help assist with that,” he said.
Torres went on to explain that there are some cases in which people are living in an RV, or temporary structure, but have a proper septic system and other utilities, but who are still required to get a TUP every 120 days.
He noted that it is “just conversation” at this point, “but this does kind of become a hindrance on them” to have to keep coming back every 120 days to receive another TUP.
Medina explained that a resident had come forward stating they had a proper septic system in place, along with other utilities, and there was no reason to fine them, even though they’re paying a permit fee and having staff go and inspect it.
Medina then asked how many TUPs have been issued, wondering how many residents are coming forward and self-reporting, and if that number has increased or decreased “because the ones that are, are kind of being hit over the head with permit fees.”
Medina explained that her suggestion was to change the wording in the LUR from “permitted” to “allowed,” and to remove wording defining the length in which an RV or temporary structure can be occupied.
She explained that there would still be health and safety requirements defining proper waste disposal, noting that, “health and safety are always first.”
Medina then spoke about how the county handles campgrounds and RV parks, explaining that people do not pay a fee to the county when they choose to stay at a campground and that the county does not necessarily go out and check to see if the campground, or RV park, has proper septic systems put in place.
She explained that if someone is staying at a designated campground, the county assumes the business is taking care of ensuring proper utilities and waste disposal.
“So, why are we taxing our residents that have bought their own property, paying their taxes on their property?” Medina stated, explaining that in this one particular instance the resident has a proper septic system and everything is legal, but the county is still requiring them “to be monitored and pay a permit.”
Commissioner John Ranson spoke in support of potentially altering the LUR, stating, “I’m all open to changing that,” before commenting on what the county could do in regard to those not following the rules and not paying a permit fee every 120 days.
“Those people need to be reported,” he said.
“I’m not worried so much about the fee; I’m worried about the health and safety,” Medina said, “because the people that are self-reporting are probably not the problem.”
Planning Manager Melissa Ryan indicated the county currently has 83 TUPs “at some level of progress.”
Commissioner Warren Brown asked if the county has different zoning designations for RV parks and trailer parks.
Ryan explained the county has RV parks in its LURs, which are allowed in various zoning districts.
Brown then explained that he is the only current BoCC member who was on the board at the time of the resolution being passed and that the board was seeing “numerous” people coming into the county and living in RVs on county, national forest and private lands, and that illegal RV, or trailer parks, would “spring up.”
Brown noted that the majority of the complaints being received had to do with improper sewage disposal, but the BoCC at that time adopted this resolution “that allowed for people to live in RV on their property,” but wanted to make sure they had electricity and sewer, or some way to dispose of waste properly.
“I could see someone whose built a septic being a different animal altogether than this,” Brown said, adding, “I think that if we remove these things, what we are going to see is an uptick back to the way it was.”
Brown added that the intention of the resolution was to help, not hinder.
“I think if someone has a permanent septic, that’s a different classification,” he added, explaining he would consider making that a separate classification and that he would not want to alter the current wording in the LUR.
He continued, “I would not support removing these,” explaining that is because of the issues the county saw at the time.
Ranson suggested that it could be a different special permit, with Brown agreeing, and suggesting it may be a onetime inspection sort of thing.
Brown mentioned that most people are law-abiding citizens and follow the rules.
“The rules, in my experience, are almost always made for the folks who do not follow the rules,” he said.
Medina agreed with Brown that rules are generally made for those who don’t follow them, but asked about the 83 residents who are, and how many potentially are not.
She also questioned if the county has enough staff to enforce the rules on those who are not following them.
“Is it really that important that we collect the $50?” Medina asked, stating the county has had these rules in place long enough now to have enough data to show what trends may be occurring.
“I just feel like we’re taxing the people who are actually following the rules” instead of looking at those who aren’t, Medina said.
County Attorney Cathleen Giovannini commented that, from a legal standpoint, it would make sense to have a different classification system for those living in temporary structures, or RVs, but have proper septic systems and other essential utilities in place.
Ranson commented that he was being reminded of a recent conversation the BoCC had that dealt with the county’s ability to, or lack of, enforcement, suggesting a work session with Planning Department staff.
Brown mentioned that he requested an item be put on the work session agenda, but while reviewing the resolution found that it “is perfectly clear, and perfectly fine,” explaining the direction from the BoCC at that time was “that we not be active in violations” and only respond to complaints on properties made by neighbors.
“So, I think it’s more of an attitude, or more of a direction from the board to staff that potentially we resume enforcement by the code as it is written,” Brown said, explaining that he could not find anything in the ordinance, or suggest a change to it, to enforce violations separately or differently.
“I think you’re right,” Ranson commented.
“I can’t find anything that would direct our staff not to look at something that may be a violation and contact,” Brown stated.
Ranson suggested that may be a conversation the BoCC needs to have with county staff so that it is clear to staff what the board and public want.
Medina indicated that another work session is needed, mentioning, “Our code definitely needs to be updated” and that there are parts she does not agree with.
“Like having them pay a permit,” she said, explaining there are little things that can be fixed.
She noted that people should self-report, “but I think there’s a better way to do it without being so heavy handed, because safety and health, absolutely, but when we’re starting to encumber people living on their property, I think that’s a problem.”
Medina noted that if residents have proper utilities, “that’s where we need to take a step back” and focus on “true safety hazards,” like illegal dumping.
She mentioned that it seems like staff got into the mode of being police, and should be more customer-service orientated and active in helping residents find solutions.
“We need to be able to help them, versus just pounding them over the head,” she said.
clayton@pagosasun.com
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