Jefferson County planning commission declines to revoke Lost Trails campground conditional use permit

The Jefferson County Plan Commission on May 1 heard a petition from adjacent property owners and agencies seeking revocation of the conditional use permit for Lost Trails (operating as Lost Trails Campground LLC) but declined to revoke the permit after a contested public hearing.

Complainants and agency representatives told the planning commission they believe the campground has not complied with conditions attached to its conditional use permit, including requirements related to water service, fire protection and ownership transfers. Rikers Ridge Water Company’s superintendent said the company has recorded “violations with us on the way from our rules and bylaws on water” since September 2021 and that the dispute has proceeded to court. Madison Township volunteer Fire Chief Robert Black described a water-pumping arrangement and access improvements that he said were incomplete until recently and noted equipment costs and response concerns.

The petitioners argued the conditional use permit — which they said was issued in either February 2021 (as stated by a complainant) or September 2021 (as referenced in hearing materials) — included specific conditions such as fire protection, water service, limits on stay and a requirement to notify or return to a board after ownership changes. They asked the Plan Commission to consider revocation because, they said, the conditions had not been met. A complainant said, “If you’re gonna have rules, then uphold the rules.”

Owner Richard Simons (identified in the hearing record as the applicant/owner) disputed many of the claims and described steps he said were underway or completed: he said a sewer system was completed in 2023, a signed access agreement exists with local fire departments, a pump order had been placed to supply the fire department and that a recently drilled well removes the campground’s reliance on Rikers Ridge Water Company. Simons also told the commission he reduced the originally approved intensity (the permit authorized “up to a total of nine cabins and/or RVs,” he said) and planned to operate fewer units.

Commission and staff discussion focused on the legal scope of the Plan Commission’s authority under the Jefferson County Unified Development Ordinance (UDO). County counsel explained that conditional uses “run with the person” in Jefferson County — the county expects an owner bound by the conditions to appear before the Board of Zoning Appeals if ownership changes — and that enforcement for violations would fall to the Plan Commission where town code or written conditions are specifically violated. Counsel also said the transcript and minutes from the prior Board of Zoning Appeals meeting may have included discussions that did not become enforceable written conditions.

Several factual clarifications were recorded in the hearing: the water company representative said litigation between Rikers Ridge Water Company and Simons is ongoing and that Rikers Ridge had at times required a 6‑inch main and hydrant; Fire Chief Robert Black provided a timeline and said one pump order had just been placed and the department expected delivery in about five to six weeks; the owner said a well was drilled to provide on‑site water and that he is completing additional infrastructure. Commission members and staff noted the difference between items discussed in earlier minutes and the formal written conditions that are enforceable.

After discussion the Plan Commission did not vote to revoke the conditional use permit. The commission’s chair announced that the board would not revoke the current conditional use at this time and recommended outstanding operational and boundary issues be pursued at the Board of Zoning Appeals or through required agency approvals. The hearing record shows some commissioners abstained from a motion because they will hear related matters before the Board of Zoning Appeals.

The commission left open administrative and enforcement pathways: items not listed as enforceable conditions in the original permit (for example, signage or specific boundary markers discussed in minutes but not recorded as conditions) were identified as matters for the Board of Zoning Appeals or staff follow-up; items tied to external agencies (water system compliance, IDEM, state/local health and fire code compliance) were identified as subject to those agencies’ authority.

The Plan Commission’s action preserves the permit while directing unresolved technical and compliance questions to the appropriate enforcement body and external agencies. Neighbors and agencies may present additional evidence to the Board of Zoning Appeals; the commission’s minutes note that better documentation of specific conditions in the original approval was a lesson to apply going forward.