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Commissioners waive berm requirement for Deep Creek Mesa Ranch; developers say import of dirt would be disruptive

5948809 · October 15, 2025
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Summary

San Miguel County commissioners agreed to amend a development agreement so developers need not install five earthen berms intended to screen future houses from scenic viewpoints, citing trade-offs between temporary construction impacts and limited visual benefit.

San Miguel County commissioners voted Oct. 15 to amend the Deep Creek Mesa Ranch development agreement and remove a requirement that the developer construct five earthen berms intended to reduce the visibility of future homes from State Highway 145 and the Airport Road.

John Huebner, senior planner, told the board the berms would have required importing roughly 640 dump-truck loads of fill to the site — about 1,280 round trips — and would remain visible for several growing seasons before grasses re-established. The berms were part of the subdivision’s earlier ridgeline mitigation scheme that also included lower home sites and restricted maximum roof elevations.

Tom Kennedy, attorney for Genesee Properties Inc., said his client is prepared to construct the berms if the county insists, but asked the board to weigh the environmental and traffic impacts of the heavy hauling against the degree of protection the berms would provide given other site-specific mitigation already adopted, including lower roof-line elevation limits and building envelopes.

County staff and the applicant presented photos and contours showing that two of the berms would sit close to existing open space and one would primarily protect views near Lot 165 of the adjacent Aldesora Ranch; staff concluded that lots most at risk of skyline silhouette were limited and that lot-specific height limits and building envelopes remain enforceable.

After discussion commissioners adopted findings that the short-term environmental impacts of hauling and construction, plus limited tree-planting options on the berms and slow revegetation, outweighed the partial visual benefit in the viewpoints analyzed. The board authorized removing the berm construction requirement and said lot-specific height limits and other ridgeline restrictions in the PUD would continue to apply.

The decision included a motion specifying findings that the county could document as the public interest rationale: minimizing imported fill, hours of heavy machinery operation and surface disturbance were public benefits that outweighed the potential partial visibility of homes on lots 1–4 and 11–15. The motion passed 3-0.

Developers and several residents said they would continue to coordinate with county staff on building envelopes, landscaping and the subdivision’s design review process as individual home permits come forward.