Pitkin County Board of Health recommends narrower daycare exclusion for healing‑center setback after public comment

The Pitkin County Board of Health voted on July 17 to recommend the county modify how Colorado’s regulated natural medicine setback is applied to licensed healing centers: maintain the existing 1,000‑foot school buffer but exempt licensed child‑care and preschool facilities from that measurement unless the child care is located on school grounds.

The recommendation follows public comment from local practitioners and advocates and a staff presentation on state rules. The board made the recommendation to the Pitkin County Board of County Commissioners and approved the motion by a majority vote (four yes, one no, one abstention).

The board’s action responds to state law and rulemaking that set a 1,000‑foot buffer between any natural medicine business and schools or licensed child care. Jordana (public health director) and staff briefed the board on SB23‑290 and Colorado’s regulated natural medicine rules, which assign licensing and enforcement roles to the Colorado Department of Revenue, the Department of Regulatory Agencies and the Colorado Department of Public Health and Environment.

Public comment framed the local debate. Ashley Denney, who identified herself as “the only licensed clinical facilitator in the Roaring Fork Valley,” described a small, clinical practice at the Aspen Airport Business Center and argued “in a licensed micro healing center, diversion is not possible,” citing state requirements for indoor on‑site consumption, mandated observation and transportation plans. Martha Hammel, executive director of the Aspen Psychedelic Resource Center, urged local zoning flexibility and pointed to a Boulder ordinance that narrowed the statewide 1,000‑foot suggestion to 500 feet from middle and high schools.

Board members debated public‑safety and regulatory questions, clinical oversight and precedent. Dr. Krista Giesel urged caution, saying the Board of Health should weigh medical risks and community impacts and “I would urge caution” before reducing statewide protective distances. Dr. Tom Kurt recommended referring technical licensing and facilitator questions to the state advisory board that oversees natural medicine facilitators, noting that oversight standards and facilitator qualifications remain under development at the state level.

Board member Sam Rose moved the initial recommendation modeled after Boulder’s change, and after discussion the motion was amended to apply only to licensed healing centers and to preserve the 1,000‑foot school buffer while removing licensed child‑care/preschool from that buffer unless the child care facility is physically located on school grounds. The board approved the amended recommendation and will forward it, with meeting minutes and transcript excerpts, to the Board of County Commissioners for their consideration.

The guidance does not change state law. Local zoning changes would require action by Pitkin County planning and the Board of County Commissioners; staff said the commissioners specifically asked the Board of Health for a health‑focused recommendation on distance requirements.

The board indicated staff will provide the county commissioners with the transcript and a staff summary of the discussion and that any future changes to licensing, signage or other local code elements could be addressed separately.

What’s next: the Board of County Commissioners will receive the Board of Health recommendation and decide whether to pursue local code or zoning amendments. The Board of Health members said they expect additional briefings as state and local rules evolve.