To the Board of County Commissioners of Archuleta County:
I believe that County Attorney Todd Weaver misadvised the Planning Staff when he instructed them to discontinue enforcement of the requirements of the County Land Regulation in the matter of the Keyah Grande shooting range Special Use Permit.
Mr. Weaver based his advice solely on Sec. 25-12-109, C.R.S. as superseding all laws and regulations on excessive noise from “qualifying shooting ranges”.
But he apparently overlooked the fact that the terms “qualifying sport shooting range” and “qualifying range” are clearly defined in the statute as “any public or private establishment, whether operating for profit or not for profit, that operates an area for the discharge or other use of firearms or other equipment for silhouette, skeet, trap, black powder, target. self-defense, recreational or competitive shooting, or profession training.”
The proposed Keyah Grande range does not meet this definition, because it is not “operating”. Therefore the County land use regulations control.
The Keyah Grande Application should be sent back to the Planning Commission for a new recommendation from the Planning Staff and Planning Commission using the Land Use Regulations without reference to Sec. 25-12-109, C.R.S. and after a public hearing as required.
Neglecting to do so will, in my opinion, cause unnecessary litigation and a much longer postponement of any approval of Keyah Grande’s Application.
Jim Denvir
Pagosa Springs