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‘Code Rights Project’ to investigate La Plata County planning, building departments

‘Why does it take so long to get something done ... relative to the rest of the state?’ organizer asks
La Plata County planning staff members look over a map of the county in March 2023. (Jerry McBride/Durango Herald file)

Have you dealt with La Plata County’s planning, permitting, building or legal processes?

If so, Jack Turner, the face of the newly launched Code Rights Project, wants to hear from you.

The Code Rights Project, which launched Tuesday, is a citizen-led effort aimed at strengthening the public’s understanding of La Plata County’s development regulations and advocating for fair, transparent governance.

“I think there’s a pretty good sentiment across the county that something isn’t working,” Turner said. “Why does it take so long to get something done in La Plata County, relative to the rest of the state?”

Turner said he was asked to serve as the public face of the project by a group of residents and developers who have expressed serious concerns about the county’s planning department, calling it slow, arbitrary and vindictive.

The individuals behind the effort have chosen to remain anonymous, citing fear of retribution that could impact their ongoing development projects. However, Turner said if the project receives enough public support, those involved plan to reveal their identities.

The project is expected to take several months. Its first goal is to document and make public any inefficient, unjust or abusive policies and practices within the county’s planning and legal departments.

The Code Rights Project, a citizen led investigation into La Plata County’s planning, permitting, building and legal processes, was launched Tuesday. (Courtesy of The Code Rights Project)

Code Rights is asking residents who have had direct encounters with those departments – whether as homeowners, builders, business owners or tradespeople – to submit their experiences through a portal on the Code Rights website.

Turner emphasized that the effort is not a witch hunt and is not intended to spread rumors or unverified claims.

Those submitting information are asked to include their identity and supporting documentation, and to agree to have the information shared on the website or in public reports and presentations.

The project is “focused on evidence-based solutions, not blame,” according to its website. Collecting anonymous, unverifiable information would not be productive, Turner said.

In addition, Code Rights plans to file multiple open records requests in the coming months.

The first request, submitted Tuesday, seeks “all records pertaining to easements granted to La Plata County by private property owners as a condition of permit approval.”

Turner acknowledged there’s a possibility the investigation may not reveal any systematic issues, but said there should be no harm in conducting a thorough analysis to certify that is actually the case.

The county is aware of complaints pertaining to the land-use code and the timeliness of the planning department, said County Commissioner Marsha Porter-Norton. She noted the county has been working diligently to improve the system over the past several years.

The county’s land-use code, adopted in 2020, has been a recurring point of contention, but Porter-Norton emphasized that it is a “living document” that evolves over time.

She said 15 to 20 amendments are currently in the works, with several already approved.

Turner has also criticized the county’s policy on “ex parte communication” regarding submitted planning projects.

Ex parte communication prohibits commissioners or planning commission members from discussing pending proposals outside of official hearings, and Turner believes the policy has been weaponized to prevent commissioners and planning officials from hearing from the public, leaving constituents without a way to express concerns.

However, Porter-Norton said the policy is “non-negotiable.”

At the local level, land-use decisions are quasi-judicial in nature, requiring commissioners to act in a role similar to that of a judge. As such, they are prohibited from speaking with one side of an issue before a hearing.

Any such discussion would be unfair to other parties, including neighbors who may oppose a project, she said. The goal, she added, is to avoid side deals and ensure transparency and legality.

Porter-Norton said both she and the county’s Community Development director have spoken with Turner about the Code Rights project in recent days, and that county staff members are open to conversations with the public about the planning process.

Anyone interested in learning more about Code Rights can visit coderights.org.

jbowman@durangoherald.com



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