Larimer County staff recommends code change to ease well permits for parcels over 35 acres amid growing appeals

Larimer County planning staff told commissioners on Jan. 6 that they recommend changing the land-use code so properties larger than 35 acres inside a water service area could bypass the county appeal process and pursue state well permits if they obtain a letter from their water provider.

Planning manager Jenny Axmaker said the recommendation follows two appeals the Board of County Commissioners granted in late 2024 that allowed property owners in a water service area served by the Northern Colorado Water Association to pursue wells after the association declined additional service. "We recently adopted the county's first water master plan, hooray, and staff is starting to work on implementing the goals and strategies of the plan," Axmaker said, explaining the proposal is a limited step toward the broader water-security goals in the new plan.

The proposal reflects a technical difference between water districts and water associations, Axmaker said: special districts are created under state special-district law and typically rely on property taxes and formal service boundaries, while associations collect fees, do not have the same statutory boundaries and can impose moratoria on taps or services. "Properties over 35 acres have a right to drill a well without the requirement for an augmentation plan," she said, noting that properties under 35 acres face different state permitting requirements.

Why it matters: commissioners and staff said the current practice — which allows applicants to appeal county denials on a case-by-case basis — creates uncertainty and cost for landowners. Staff offered three options: do nothing; adopt the recommended targeted code change for parcels over 35 acres inside a water service area (but not within a formal water district); or change the code to treat only formal special districts as the standard for requiring connection to infrastructure. Staff recommended option 2 as a reasonable short-term fix while the county continues broader work on water adequacy and implementing the county's water master plan.

Commissioners pressed staff for additional data and assurances. Commissioner Kristen Stephens said she supported the staff recommendation in principle but asked whether smaller properties would still be able to use the appeals process; Axmaker confirmed that under the recommended change, parcels under 35 acres would still pursue appeals. Commissioner Jody Shattuck McNally and other commissioners asked for more information about how many parcels are affected, whether clusters of lots (a cited subdivision of roughly a dozen lots) could be left unable to build, and what protections could limit impacts to neighboring wells or septic systems. Frank Haug of the county attorney’s office said questions remain about the long-term legal effects on property values but emphasized the county’s duty is to clarify its land-use requirements and not to litigate private disputes.

Staff noted practical clarifications that would be needed if the county proceeds: any code change would have to require a written letter from the water service provider confirming the provider’s permission to allow a well within its service area; it would not apply to parcels inside a water district; and the county could add requirements to show minimum water quality or quantity as part of the permitting pathway. Axmaker said the planning division receives inquiries about water service on about a weekly basis and that at least two property owners under 35 acres were waiting to see the outcome of the code discussion before choosing whether to pursue a well or an appeal.

Next steps: staff will gather more data on the number and location of affected parcels, explore disclosure practices used by real estate agents and other jurisdictions’ water-adequacy policies (La Plata County, El Paso County, City of Fort Collins were cited as references), and return with a refined proposal. The commissioners generally signaled support for addressing the narrow, short-term problem first while keeping broader water-adequacy policy work on the implementation track of the county’s water master plan.

Ending: Staff said they will collect commissioner questions and planned to return either at a Monday work session or a joint meeting with the Planning Commission to present a code amendment or further options.