Marijuana/land use code revisions ready for review

Public hearing set for July 19

By Teresa L. Benns
SAGUACHE — The marijuana regulation revisions prompted by the moratorium on commercial marijuana enacted in February have been released by the Saguache County Land Use department, and a public hearing will be held on the revised regulations on Thursday, July 19.
The meeting will be held at the Saguache County Road and Bridge Building at 6 p.m.
The moratorium was announced in February and originally ended on June 14. It was extended by commissioners to Aug. 14 to allow additional time for the Saguache County Planning Commission (SCPC) to complete the regulation revisions.
Although announced as Land Development Code regulation modifications on the county website, the actual revisions were prompted by marijuana regulation issues and include both land development matters as well as actual marijuana code changes/additions. The marijuana regulations are incorporated into the Saguache County Land Development Code.
The changes to the regulations have been proposed by the SCPC and will be under review at the public hearing July 19. The actual changes to the regulations are available on the Saguache County website, www.saguachecounty.net (see Land Use page).
Written comments will be accepted until Friday, Aug. 3, 2018 at 3 p.m., and may be sent to Saguache County Land Use Department at P.O. Box 326, Saguache, CO 81149. Or email to [email protected].
Highlights of the proposed changes are listed below.

Definitions  
A.5 - Agricultural use
Agricultural crop land means land used for the purpose of raising, growing, or cultivating any marketable crop including, but not limited to, grains, hay, and potatoes. Also used for storing farm or ranch machinery and equipment, lands intended for housing livestock, sheds and outbuildings which are used for the particular agricultural operation.
(Comment: The state definition of agricultural crop land prevails by law and excludes marijuana as an agricultural product.)

Medical marijuana counts
and variances
Article IV-A Local Interest and marijuana regulations, variances
Under the heading “Marijuana Production in Unincorporated Saguache County” the phrase: “The word ‘shall’ is mandatory and the word ‘may’ is permissive” is removed. The restriction for cultivating marijuana on vacant land or subdivision parcels also is removed. The following was revised: No retail commercial or medical commercial mow, processing, manufacturing or testing facility areas shall be located on a parcel of land containing less than thirty-five (35) acres in size or within a platted/recorded subdivision.
There shall be a minimum of 2,500 feet between each parcel approved for commercial operation, the determining factor for the 2,500 feet shall be the property boundary of the parcel number.
Twelve plants only are allowed per residence unless a variance is received from the county. A $75 application fee plus $5 per plants over 12 will be charged and is voided upon harvest. A limit of 24 plants per medical marijuana caregiver is allowed unless caregivers obtain a variance for the above application/tag fees. A land use variance is required beforehand and approval must be granted before growing begins.

Retail and Medical Marijuana
Article IV-A Local Interest and marijuana regulations
These facilities cannot be located on parcels under 35 acres. The 2,500-foot parcel limits must be observed. School bus stops must be determined beforehand. Three hundred-foot setbacks must be observed. State approved MED (Marijuana Enforcement Division) License must be issued by the State of Colorado prior to any Saguache County application may be submitted,
A State approved MED (Marijuana Enforcement Division) License must be issued by the State of Colorado prior to any Saguache County application may be submitted. Waste and sewage disposal issues are addressed at length. Landowners and caretakers must maintain a permanent residence on the site to a minimum of 750 square feet.  Campers, RVs and tents are not considered permanent residences.

Property reclamation and
financial assurance –
Article IV-A Local Interest marijuana regulations; Activities of local interest
A performance bond in the amount of at least $ 100,000 and an additional, site-specific performance bond, which may be 100 percent of the estimated actual cost of removal of surface facilities and restoration of disturbed surface areas, must both be provided. The amount of such bonds will be based upon cost estimates provided by the applicant subject to review and approval by the County and subject to increase or decrease based upon revised cost estimates required to be provided by Operator on an annual basis.
There will be no transfers of interest and a reclamation bond also will be required. A reclamation plan is required. Detailed descriptions of how the property must be restored are supplied.

Conditional Use Permits
Article IV-A, Local Interest and marijuana regulations
At least SIXTY days (60) days prior to Planning Commission or Board of County Commissioners meeting for which the request is to be heard application must be received in the Land Use office.
The Land Use Office will send notification to the adjoining landowners within 2500 feet of the subject PARCEL NUMBER OUTSIDE PERIMETER OF THE PROPERTY BOUNDRY by first class mail with a certificate of mailing FORTY-FIVE (45) days prior to scheduled meeting. Landowners of record according to the Saguache County Assessor as of SIXTY days (60) days prior to Planning Commission or Board of Commissioners meeting date.
Such notification shall include information that a conditional use application has been filed and the nature of the conditional use, that such application may be reviewed during regular office hours of the Land Use Department and the time that the Planning Commission or Board of County Commissioners will consider oral or written statements regarding the application. If the property described on the application lies in part or wholly within the Town of Saguache. Center. Moffat. Crestone or Bonanza planning areas as outlined on the activity map, like notice will be sent to these municipalities.
A survey plat of the proposed project must be supplied showing all proposed locations of buildings and structures; off street parking area; off street loading areas; service and refuse areas: means of ingress and egress; major landscaping or screening and pedestrian areas, if pertinent.

Modification criteria
Article IV-A Local Interest and marijuana regulations
Any modification shall complete the same application and pay a fee as set by the Saguache County Board of Commissioners.
If the applicant has not implemented the approved request within the one-year period the approval shall become void AND A NEW APPLICATION SHALL BE APPLIED FOR WITH FEES TO BE PAID AND REVIEWED BY THE PLANNING COMMISSION AND BOARD OF COMMISSIONERS FOR APPROVAL.

Construction permit  
Construction application
All related structures i.e. greenhouses, storage containers, residents etc. are required to obtain a construction permit issue by Saguache County Land Use Office. All structures being used for storage must be painted an earth tone and all advertising must be either painted over or removed.
A sewage disposal permit must be purchased at the time of applying for a construction permit. Composting toilets shall not be allowed for commercial purposes. Waste products from any construction shall be disposed of property.