La Plata County commissioners say they are ramping up enforcement and pursuing legal action in Unit 3 of the Forest Lakes Metropolitan District, an area long criticized as “lawless” and the “wild west” for unchecked development in a high wildfire-risk zone.
Commissioner Matt Salka met with the Forest Lakes board Tuesday evening to address concerns related to development, infrastructure and wildfire, and to clarify the respective responsibilities of the county and the district.
Unit 3 sits on the outskirts of Forest Lakes, encompassing steep, densely wooded hills northeast of the community. Last summer, the human-caused Blue Ridge fire started on a property in the subdivision. Although crews contained the fire, officials said the outcome could have been far worse.
Had winds shifted, the entire district – roughly 800 homes – could have been at risk.
The fire drew renewed attention to the area, which some had long warned was a wildfire disaster waiting to happen. In the weeks that followed, Salka called it a “wake-up call.”
That wake-up call culminated in Tuesday’s meeting, where Salka read a letter signed by all three county commissioners, Upper Pine River Fire Protection District Chief Bruce Evans, and a representative of the San Juan National Forest’s Columbine Ranger District.
The letter was intended to formally address longstanding issues in Unit 3, clarify the roles and responsibilities of the agencies involved, and ensure both officials and the public have a shared understanding moving forward, Salka said.
According to the letter, the county’s role is “distinct and nondelegable,” retaining sole authority over land use, subdivision approvals and enforcement of the land-use code. The county has no obligation to build, maintain or fund any infrastructure within Forest Lakes; that responsibility rests solely with the district.
The letter also signaled a more proactive approach to enforcement and suggested the metropolitan district has a role to play.
“The county continues to believe that the district has an important role in resolving the longstanding challenges facing Unit 3,” the letter states. “… Our goal is not conflict, but fire prevention, public safety and regulatory clarity. We trust the district will share these priorities and will make clear to property owners the obligations necessary to ensure compliance.”
The county said it intends to pursue legal action against property owners in Unit 3 who fail to comply with land use approvals, subdivision conditions, building regulations and other applicable requirements, including development occurring without required infrastructure.
In August, a now-former resident of Unit 3 alleged illegal roads had been built throughout the subdivision, and at Tuesday’s meeting, county officials said they are aware of at least four properties being used as permanent residences despite the restrictions.
Currently, no structures or development is permitted and camping is restricted to a maximum of 90 days.
“Right now, no development is going to be allowed. Permits will be denied,” Salka said. “We are going through the court process with some of the property owners. This is an active approach.”
Development is prohibited because of extreme fire risk and the lack of basic infrastructure such as roads, water and sewer service. There is no infrastructure that supports fire suppression, evacuations and reliable year-round access.
Before any development is approved by the county, the district is responsible for providing that infrastructure, per the terms of it’s service plan.
However, the district has expressed an unwillingness to do so. According to a board member, the district has attempted multiple times since 2001 to amend its service plan to remove its responsibility for providing water, sewer and roads in Unit 3. Most recently, the board believes a petition was submitted to the county in 2021.
While the conclusion and status of those requests are unclear, any modifications to the service plan would require approval from county commissioners, Salka said.
jbowman@durangoherald.com
