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Eddy County official urges rewrite of 22-year-old land-use policy; cites federal land, fire and species issues
Summary
A lengthy discussion led by Louis Derek urged the county to overhaul its land-use ordinance—last updated about 22 years ago—to address federal land disposals, BLM resource management plans, payments in lieu of taxes, FEMA flood agreements, wildfire mitigation and species protections being debated at the federal level.
An extended presentation May 27 urged Eddy County to update its land-use policy, with a focus on federal land management, wildfire mitigation and protections connected to endangered-species and resource-management rules.
Louis Derek (identified in the transcript as the speaker introducing the item) told commissioners the county’s land-use policy dates from about 22 years ago and lacks definitions and comprehensiveness necessary to respond to changing federal policies, new resource management plans (RMPs), and litigation affecting NEPA and other federal rules. "We just did a shotgun approach without any definitions or comprehensive definitions, and that's what we need on some of it," Derek said.
He recommended several areas for revision: monitoring and engaging with BLM’s Western States RMP process; including payment-in-lieu-of-taxes (PILT) calculations in the county plan because federal land affects the county tax base; codifying agreements with FEMA on floodplain mapping and responses; clarifying the county’s approach to rights-of-way (Reference to 24-77 road issues); and spelling out law-enforcement and emergency-service agreements that involve federal land management agencies. He also suggested adding forest-service salvage timber, underbrush control and wildland-fire tools, including contracts with NRCS or private grazing/goat leases to reduce fire risk.
Derek flagged litigation and legislative activity he said were reshaping federal regulation: proposed NEPA and Endangered Species Act language changes in Congress, court rulings on the role of the Council on Environmental Quality, contested listing decisions for species such as prairie chickens and sand-dune lizards, and legal fights over wolf expansion. "There's so much litigation in the National Environmental Policy Act on decisions that they're trying to get it back to the end to local control," he said.
He suggested the county could be more proactive if and when a new BLM director is nominated and resource-disposition opportunities arise; he cited national land-disposal figures ("looking to sell or relinquish, like, 450,000 acres nationwide") and recommended the county be prepared to pursue parcels of interest. Derek told commissioners he would try to return in September with more-detailed recommendations.
Commissioners and staff thanked Derek and agreed the plan needed revision; several members said they wanted more detail and a draft to consider in a future meeting. The commission did not take formal action on the presentation; Derek framed it as an initial overview and asked staff to coordinate next steps.
