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Commissioners discuss Upper Pine River Fire Protection District impact fees

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The Upper Pine River Fire Protection District (UPRFPD) will be implementing new impact fees that will affect some residents in Archuleta County.

The Archuleta County Board of County Commissioners (BoCC) discussed the matter during a work session held on Sept. 5.

County Manager Jack Harper explained that the UPRFPD has approved adding two new impact fees for residents within its district, noting the district is behind on capital improvement projects.

Harper mentioned that UPRFPD is “showing a trend of excessive growth that they’re not able to keep up with, which was the rationale for why they did what they did.”

The UPRFPD provides all-risk/hazard fire, rescue and medical services to 284 square miles of eastern La Plata County and “a small portion of Archuleta County,” according to the district’s website.

Commissioner Warren Brown questioned if these fees will affect residents in the Arboles area of Archuleta County.

“There’s quite a bit of people down there,” Commissioner Ronnie Maez said.

In an interview, UPRFPD Chief Bruce Evans explained that the district serves areas along U.S. 160 east from Bayfield up to mile marker 114, which is just past the Archuleta County line.

Evans noted that residents in the Shamrock subdivision are located within Archuleta County, but are served by the UPRFPD.

The communities of Arboles and Allison are served by the Los Pinos Fire Protection District.

During the work session, Brown mentioned the district is able to enforce these impact fees from recent legislation, noting Colorado Senate Bill 24-194, which covers special district emergency services funding.

According to the Colorado General Assembly website, the bill was approved by Gov. Jared Polis on May 22 and became effective on Aug. 7.

Evans explained that the bill also gives the district the ability to create a sales tax, though that is not something UPRFPD is interested in pursuing at this time.

According to the summary of the bill, fire districts have been “authorized to receive and spend an impact fee, or other similar development charge, only in connection with a local government’s imposition of such fee or charge to fund expenditures by a fire and emergency services provider.”

He also mentioned the district’s funding sources have changed in the past few years with state tax assessment rates dropping, and that UPRFPD has been “looking for alternative” funding sources.

The impact fees went into effect on Sept. 17.

The new impact fees include a fee of $1,191 per residential unit within the district and a fee of $1,187 per 1,000 square feet of nonresidential floor area, according to the UPRFPD’s impact fee support study.

According to the impact fee support study, “As development in the district occurs, demand for fire protection and other emergency services provided by the district increases, ultimately necessitating a proportionate investment in facilities and rolling stock.”

During the work session, Harper explained that the town of Bayfield requested the UPRFPD waive the impact fee for subsidized affordable and workforce housing units, which the district denied.

Harper mentioned the district denied the request because the “bulk of Bayfield is that manner.”

Brown asked for clarification if the fees would be charged to the homeowners, which Harper confirmed is the case.

Harper indicated these impact fees will be charged in addition to what residents within the district may already be paying.

Harper clarified that this is not a county tax, but a fire district tax through the UPRFPD, and that he “just wanted it to be brought up so everyone will know what they will be paying.”

The UPRFPD impact fee support study states, “According to analysis of county assessor data, residential units in the Upper Pine River Fire Protection District grew from 5,093 Units in 2013 to 5,659 units in 2023. Non-residential floor area grew by an average of 10,555 sq. ft. per year during the same time period, reaching 1,286,250 sq. ft. at year-end 2023. Incidents dispatched to the district increased from 753 annual incidents in 2014 to 999 incidents dispatched in 2023.”

The study also notes that unincorporated portions of the district will contribute to residential growth, from 5,689 residential units in 2023 to 8,013 in 2050, and nonresidential floor space will increase from 1,286,250 square feet in 2023 to 1,701,272 square feet in 2050.

“So, our folks are kind of being lumped into La Plata County and their growth rate as opposed to what we’re seeing in Arboles?” Brown asked.

Harper confirmed Brown’s question, explaining that the impact fees are a result of the overall growth of the district and not based on individual geographic components of the district.

In a later interview, Brown mentioned that he was relieved to know it was not the Arboles area being affected by this, but that “the principal is the same.” 

“This is going to be affecting Archuleta County residents and because it’s a legislative initiative, individually and collectively as a county we didn’t really have much input,” he said.

clayton@pagosasun.com