One’s worldview of government greatly influences perspectives about La Plata County’s attempted update to its land-use code.
Do you consider government as a beneficial contributor to society in a way that attempts to look out for everyone’s collective interest? Or do you think of government as an impediment that erects unnecessary obstacles, or sticks its nose where it doesn’t belong?
While this might be an interesting ideological debate, it obscures obvious areas of agreement on the land-use code. Of course, taxpayers don’t want to subsidize development, and of course, it makes sense to encourage development where infrastructure already exists. Regardless of one’s location along the ideological spectrum, that is an outcome widely shared among many, and it’s the big-picture overview of the land-use code update.
As La Plata County residents debate the specific merits of various iterations of the code, and if we can get beyond the distractions created by the Texas-based consultants about Zircon containers or limits on the number of cars that can attend your summer barbecue, it turns out there is a lot of overlap in agreement on where the code should be headed. Our county commissioners and planning staff appear to be listening carefully to public opinion and are in the process of appropriately adjusting the draft code.
Some years ago, San Juan Citizens Alliance leapt into the fray to defend the rights of private landowners impacted by booming natural gas drilling. Many unwary landowners awoke to the noise, traffic, pollution and construction of energy development, literally in their front yards. Their right to the peaceable use and enjoyment of their property was placed at risk by the understandable enthusiasm of mineral owners to extract profit from leasing underground gas and oil resources. Because the mineral and surface rights were split between different owners, conflict ensued.
Eventually, La Plata County adopted rules aimed at offering some protections for landowners hoping to moderate the impacts of new gas field roads, drilling pads and truck traffic on folks just wanting to enjoy their homes and farms. These local government rules attempted to level the playing field, or at minimum, make it a bit less unbalanced, between energy companies and property owners.
Today’s update of the land-use code does not deal with those generally successful rules, despite the opposition of the La Plata Energy Council and the oil and gas industry to the updated land-use code. But the debate about the code is reflective of a larger political context over the appropriate role of government.
This is most apparent at the national scale, where the Environmental Protection Agency’s new purpose is to eliminate environmental protections.
Similarly, the Interior Department is diligently attempting to abandon rules that eliminate wasteful methane venting and to avoid involving local communities prior to approving new oil and gas development around Mesa Verde and the Mancos Valley. In these cases, EPA and the Interior Department characterize government and its rules as burdensome impediments to industry and commerce.
Which brings us back to La Plata County. What’s the balance between rules for the overall benefit of the entire community that don’t also unfairly limit individual options? La Plata County’s revision was undeniably hamstrung by the ham-handed approach of the hired out-of-state consultants. But after that serious misstep, the county staff and county commissioners are listening to public comment, and modifying the draft code to accommodate that feedback. Which is exactly how the process should work.
Now, if only the federal agencies like the EPA and Department of Interior were similarly inclined to listen and incorporate public feedback.
Mark Pearson is executive director at San Juan Citizens Alliance. Reach him at mark@sanjuancitizens.org and visit sanjuancitizens.org for more information.
