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Mancos backyard farming rules now include livestock permit

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Thursday, Oct. 29, 2015 7:32 PM
Mancos trustee Will Stone has trained his cow, Crash, to let his dog, Charlie, ride on the steer’s back. “In terms of waste and odor, Washington determined regulating that was unconstitutional … one man’s stench is another man’s fragrance,” Stone said during discussion of Mancos’ rules on backyard farming.

Recommendations for how Mancos regulates the raising of farm animals within town limits ruffled a few feathers at the Oct. 28 board of trustees meeting, as some thought they may be too onerous in a town that prides itself on its motto: “Where the West still lives.”

The recommendations—which come after a townwide survey, and months of deliberation, discussion and research from nine volunteer members and town staff – seek to outline what animals and animal-raising practices are suitable in town boundaries.

The volunteer group has determined that the only animals allowed to be raised for food production within town lots are smaller animals like chickens (hens only), rabbits, tilapia (or some other aquaculture) and bees. The group suggested that larger animal and fowl be required to obtain a livestock permit process.

The livestock permit would be issued by the Planning and Zoning Commission, and could be issued only if the applicant has completed a site plan illustrating adequate enclosure with setbacks marked; plan for animal care and removal of waste; illustrate how animal welfare/minimum standards of square footages and minimum lot size are met; and written approval from all neighbors is obtained.

Animal slaughter is permitted so long as its not a large animal and out of public view.

There is also a recommendation for “grandfathering” in existing residents with farm animals in town, which would let the resident keep the animal without obtaining a livestock permit but if their property changes hands, or if the animal dies, so does the grandfathered status.

“We didn’t want this to be onerous,” said Town Administrator Andrea Phillips. “That way people who have chicken coops that aren’t complying can stay where they are as long as it’s not a nuisance.”

Backyard farming volunteers noted that each of them had a vested interested in the guidelines, and they really represent a compromise.

“The group was self-appointed, and as such, we did a much better job of representing our own points of view as individuals than reflecting all of the sentiments in survey,” said volunteer Kevin Cook. “I think that’s fairly significant. I think looking at recommendations, some will say they’re onerous, but compared to results of the survey (sent out to town residents in June), they’re pretty watered down.”

Trustee Will Stone – whose cow Crash and bovine-riding dog Charlie have become a tourist attraction in Mancos – thanked volunteers for hammering out regulations on such a divisive issue but objected to the stringency of many of regulations, including those on animal waste and care. Manure and waste are required to be cleaned up, according to the regulations, but composting is encouraged. Stone wondered who would be regulating compost piles versus plain piles of manure.

He also questioned the banning of roosters, especially since egg production requires that a male is on hand.

“You guys, this is wonderful, to live in a town where you can have a milk cow whether it’s permitted or not, is great,” he said. “But when you’re telling me to how to care for my animals, when I grew up with them, that’s going to be a hard one. In terms of waste and odor, Washington determined regulating that was unconstitutional … one man’s stench is another man’s fragrance.”

Trustee Michele Black, also a Medicine Horse Ranch employee, countered that owners should be cleaning up after their animals just out of courtesy to those who live around them, as despite Mancos’ Old West-ethos, it’s a small town— not a sprawling countryside.

“Where I work, I clean patties once a day everyday, and dispose of it. Granted that’s where I work, but I would think that if I had a large animal I would want to do same thing so I’m not bothering neighbors,” said Black. “I need to be respectful of what my neighbors want, not just what would be easy for me.”

The backyard farming recommendations are now being taken by town administration to be drafted into an official ordinance, which will be voted on at an upcoming meeting.

Clean Power Plan support

After a presentation from local environmental activist and former trustee on the merits of the federally mandated Clean Power Plan, town trustees motioned for administration to write a letter of support of the plan to be included in a Nov. 9 public hearing on the matter in Durango.

“What we decide to do today will determine the future climate our children and grandchildren will live in,” said Tuthill.

The federal plan seeks to significantly reduce emissions from coal-burning power plants over the next 15 years is supported by Gov. John Hickenlooper but is being challenged in court by state attorney general Cynthia Coffman.

Hickenlooper is seeking a Colorado Supreme Court opinion on the legality of Coffman joining the multistate lawsuit.

The Clean Power Plan calls for existing coal-burning power plants around the nation to cut carbon emissions by 32 percent before 2030. In Colorado, the plan calls for a 28 percent reduction in overall CO2 emissions by 2030.

Trustee Black, who said she supported the plan, questioned how the regulations affect the nearest source of coal-related emissions: the Four Corners Generating Plant in Fruitland, N.M.

“When I was a kid, the Four Corners Plant was supposed to do something then, and they never did. I’ve watched it (emissions regulations) come and go a few times now.”

Cottonwood Park grant

Trustees also motioned for town administrator Phillips to move forward with the grant application to Great Outdoors Colorado for Cottonwood Park Improvements and to designate the area as an off-leash dog park.

The majority of community feedback gathered so far, Phillips explained, has voiced that the park should stay as naturally-landscaped as possible and be left as a place where dog owners can let their pets run sans-leash so long as there is adequate signage warning visitors that loose dogs may be present.

Trustee pay

The board also motioned for administrator Phillips to bring back an ordinance that would authorize pay raises for trustees and the mayor, and offer some compensation to Planning and Zoning members.

Many of the seated board members would be ineligible for the pay raise, as it would go into effect after the April 2016 election and they are term-limited.

Trustees currently receive $150 a month for their service, and the mayor receives $250. Planning and Zoning members currently receive no compensation.

The rates haven’t been raised since 2002.

The board is recommending the monthly pay rates be raised to $200 for trustees, $300 of the mayor and $50 for Planning and Zoning members.

An official ordinance setting the new pay policy will come before the board at a future meeting.

Western Excelsior

The town is moving forward with hiring a trained-moderator to reach some workable solutions on the Western Excelsior pollution problem, and the company has agreed to foot half of the cost.

Town Administrator Phillips has sent invitations to sit in on the Particulate Matter Reduction committee to Montezuma County, Concerned Residents of Riverside, Western Excelsior and the Colorado Department of Health and Environment.

Phillips, and trustee Ellis, will be representing the town on the committee.

The six-meeting problem-solving process is set to begin in November, and will explore ideas and solutions relating to the dust problem surrounding the Riverside Avenue mill.

The meetings will be facilitated by Marsha Porter-Norton, a trained moderator based out of Durango.

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