County Road 9 winter-maintenance proposal draws mixed public comment; staff to consult Colorado Parks and Wildlife

Ouray County commissioners discussed a proposed winter-maintenance agreement for County Road 9 at a Jan. 29 work session after a request from Double RL Ranch to allow more extensive year-round plowing and maintenance on a county-owned road.

Background: staff said House Bill 22-1046 (referred to in the meeting as the 2022 over-the-snow law) gave counties explicit authority to designate roads for “over-the-snow” use; Ouray County adopted implementing language in Resolution 2023-040. Double RL asked the county to formalize private winter maintenance so the ranch can continue agricultural and forest-health projects they say will reduce wildfire risk and improve habitat. Staff and the county attorney said the draft agreement is intended to formalize a status quo in which private winter maintenance has occurred in the past, but with tighter constraints and clarified responsibilities.

Ranch presentation: Oakley Kelly, ranch manager for Double RL, told commissioners the ranch has implemented forestry and habitat-improvement work (mastication, beetle-kill tree removal and other treatments) and seeks reliable winter access to perform some projects safely while the ground is frozen. Oakley said the ranch prefers an identified public turnaround/parking area without gates, and offered to work with user groups to preserve winter recreation where possible. He also said the ranch is willing to explore options that preserve day-skiing access and minimize impact to wildlife.

Staff and questions: Road Superintendent Ty and County Attorney Leo summarized prior staff work on the draft. Ty said the department has, occasionally and on a limited basis, permitted maintenance and spot grading for safety and drainage; he also said the county was not aware of some recent contractor activity on County Road 7 and that he had placed an instruction to cease unauthorized work. Commissioners pressed staff on who had authorized which activities, on public-safety tradeoffs, and on whether CPW (Colorado Parks and Wildlife) should be consulted.

Public comment: more than 20 speakers registered or spoke. Recreational skiers, local businesses and long-time residents urged preserving County Road 9 as a winter skiing corridor and recommended limiting any plowed/staged parking to the historic gravel-pit turnaround (roughly the gravel-pit plow terminus that riders and skiers have used historically). Speakers described County Road 5 and other roads that have been gated or limited in the past as precedents that concern skiers and residents.

Commission response and directions: Commissioners did not take a formal vote. Instead they gave the following directions and tentative decisions: - Staff was directed to consult Colorado Parks and Wildlife about potential wildlife and habitat impacts and to request CPW recommendations on whether a spring opening date (rather than year-round plowing) or other limits would reduce wildlife impacts. - Commissioners asked Double RL (Oakley Kelly) to hold stakeholder meetings with recreational user groups and report back; staff encouraged Oakley to collect written input and suggested the ranch coordinate with county staff on any proposed parking location. - Commissioners and staff agreed not to finalize or rework the draft agreement further until CPW’s input and the stakeholder outreach are complete. Several commissioners expressed a preference for narrower, targeted authorizations rather than broad year-round plowing. - As an interim measure, staff was asked to work with the ranch on a temporary right-of-way/encroachment permit to allow limited, short-term access near the ranch residence (described by staff as roughly the first quarter-mile of the county road) so the ranch can address urgent safety or facility needs while the longer policy questions are resolved.

Next steps: staff will request a CPW consultation and report back with written recommendations; the county manager’s office and road department will evaluate the temporary encroachment/right-of-way permit option and return proposed language and process; Double RL will begin stakeholder outreach and may provide an updated request letter. Commissioners and staff also discussed whether the county’s existing over-the-snow regulations and signage authority already provide administrative tools used historically to reserve areas for nonvehicular winter use.