Archuleta County Planning Manager Owen O’Dell provided an update on the status of having a shooting range permitted at the Keyah Grande property during a regular meeting held by the Archuleta County Planning Commission on Thursday, Oct. 24.
O’Dell indicated that county staff had conducted research on how to monitor noise emitted from the gun range, only to find that Colorado Revised Statute 25-12-109 prohibits the county from being able to enforce a noise ordinance on a commercially operated outdoor shooting range.
Last month, the planning commission considered a conditional use permit for Keyah Grande to operate an outdoor shooting range on the property.
Multiple public comments were made, with concerns expressed about the noise generated from the shooting range and plans for lead remediation in the area.
During the Oct. 24 meeting, O’Dell explained that planning department staff “conducted some pretty extensive research on other shooting ranges across the state,” which led to the discovery of the state statute prohibiting the county from enforcing any kind of noise ordinance.
O’Dell indicated “that we do not have grounds to enforce any kind of noise regulation on them.”
He also mentioned that he confirmed with County Attorney Todd Weaver that the statute does not allow the county to impose a noise ordinance.
“We don’t really have the ability to enforce any kind of noise on them,” O’Dell said. “So, we’re pulling that requirement from them.”
According to the state statute, “The general assembly hereby finds, determines, and declares that the imposition of inconsistent, outdated, and unnecessary noise restrictions on qualifying sport shooting ranges that meet specific, designated qualifications work to the detriment of the public health, welfare, and morale as well as to the detriment of the economic well-being of the state. The general assembly further finds, determines, and declares that a need exists for statewide uniformity with respect to exempting qualifying shooting ranges from the enforcement of laws, ordinances, rules, and orders regulating noise. As the gain associated with having a uniform statewide exemption for qualifying sport shooting ranges outweighs any gains associated with enforcing noise regulations against such ranges, the general assembly further declares that the provisions of this section, as enacted, are a matter of statewide concern and preempt any provisions of any law, ordinance, rule, or order to the contrary.”
O’Dell also explained that Keyah Grande updated its narrative involving lead remediation, operating hours and the size caliber of guns allowed at the range, and that Keyah Grande will “likely” be prepared to submit an application for approval at the next planning commission meeting, scheduled for Nov. 21 at 6 p.m in the commissioners’ meeting room at 398 Lewis St.
“So, we’ll likely see them next month,” O’Dell said.
O’Dell mentioned that the Environmental Protection Agency (EPA) provides guidelines for recommended actions for lead remediation, specifically for ranges that are shooting into earthen berms.
“It’s extensive,” he added, explaining the EPA suggests keeping records of how much ammunition is being used in each shooting lane.
O’Dell also mentioned that the EPA suggests having remediation performed for every 100,000 rounds fired per shooting lane.
Planning commissioner Peter Beaudry asked about the neighbors’ concern in regard to noise being generated from the range.
“We kind of don’t really have the grounds to regulate any kind of noise emitted from the range,” O’Dell said.
He mentioned that the county can still recommend noise mitigation to be put in place, but that it cannot enforce it as a requirement in order to be approved for the conditional use permit.
“I’ll still likely recommend that they mitigate noise, but I can’t require that they mitigate noise,” O’Dell said. “So, that’ll be on them. If they want to be neighborly, they’re gonna put a little more effort into sound mitigation, but as it sits we don’t have a lot grounds to enforce.”
Beaudry inquired about the reasoning for the range needing to be permitted, asking for clarification on if it is because the range plans to run a commercial operation.
“They should’ve had it permitted regardless,” O’Dell said, referring to when the range was initially constructed and only being used privately by law enforcement agencies.
O’Dell also explained that with Keyah Grande opening a new guesthouse restaurant to the public that requires a new permit from the county, the county used that as a caveat to get the range permitted as well.
He mentioned that the way the land use regulations read is that if there is a violation on the property or any other properties owned by the same owner, the county “can hold ‘em to that.”
clayton@pagosasun.com
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