Weld County dismisses dust-blowing citation after conservation district reports remediation

The Weld County Board of County Commissioners voted April 21, 2025, to dismiss an emergency dust-blowing citation issued under Colorado statute CRS 35-72-103 for property near County Road 100, following a report that remediation measures had stopped the active blowing.

The board’s action followed testimony from Liz Schneider of the West Greeley Conservation District that the property owner and their contractor had hauled, stockpiled and spread manure across the designated areas, bladed an access road, and planned a cover-crop seeding and eventual conversion of the field to grass. Schneider said the measures have reduced the visible blowing on the treated areas and that establishing mature grass may take about four to five years on the degraded, dry land.

The dismissal matters because CRS 35-72-103 authorizes the county to act in a blowing-dust emergency; the board emphasized that its authority covers emergency remediation, not civil disputes over property access or road condition. Neighbor Chuck Bennett told the board he appreciated the efforts but contested whether the treated width met previously discussed specifications and reported vehicle ruts and other damage near his driveway. Commissioners repeatedly noted those access and property-damage concerns are civil matters outside the board’s emergency-remediation authority.

Assistant County Attorney Eric McConroy gave the legal background on the statute before Schneider’s report. Schneider described next steps: establishing a cover crop this summer (a seed mix possibly including oats), and converting the land to grass in the fall; she estimated several years for full establishment. She also said the owner had applied for a cost-share for a windbreak to protect an adjacent property.

Commissioner Scott James moved that the board reflect Schneider’s report in its findings and dismiss the citation; Commissioner Katie Maxey seconded. After discussion emphasizing that the emergency condition had been addressed and that civil remedies remain available to neighbors, the board voted in favor and the resolution dismissing the citation was approved.

The board urged continued neighborly cooperation and follow-up through the conservation district so the condition does not recur. Commissioners also noted the limits of their jurisdiction: the board can order or fund emergency remediation, but it cannot adjudicate private property disputes or civil claims over road damage.

Votes at a glance: The board adopted the recommended findings and dismissed the citation (motion moved by Commissioner Scott James; second by Commissioner Katie Maxey; outcome: approved).