Pitkin County planning commission backs rezoning of federal and state lands to 'Resource Government' zone

Pitkin County Planning and Zoning Commission members voted unanimously on July 15 to recommend that the Board of County Commissioners rezone federal- and state-owned parcels across the county to the Resource Government (RSG) zone district.

Planning staff told the commission the county-initiated rezoning would apply to lands owned by federal and state agencies — including the Bureau of Land Management, the U.S. Forest Service, Colorado Parks and Wildlife and the Colorado State Land Board — but would exclude Colorado Department of Transportation parcels and ski-area lands already covered by a separate Ski Rec zone. Staff described the rezoning as intended “to control the future use of lands currently owned by federal, state, or local [governments] used for nondevelopment purposes and to avoid inappropriate development of such lands in the event they are sold,” and said the change does not create development rights or transferable development rights for those properties.

The RSG district was written into Pitkin County’s land use code when the code was updated in 2006, staff said, but no parcels had been assigned the zone. Planning staff said the proposed map cleanup would align the zoning map with existing public‑land ownership and with multiple adopted master plans that call for protecting public lands and rural character. Staff recommended that the commission certify the rezoning recommendation to the Board of County Commissioners (BOCC) for two readings and a public hearing.

Commission discussion touched on how the rezoning would operate if a parcel moved out of public ownership. Planning staff said a parcel that left public ownership would remain zoned RSG; to pursue uses beyond those allowed in RSG, a future owner would need to apply for a rezoning and, if applicable, growth‑management review. Commissioners raised hypothetical scenarios — including long leases, public‑private partnerships and federal preemption where a federal agency retains an interest — and staff acknowledged that some questions would require legal review. "I would just like counsel to look further at it before it goes to BOCC," Commissioner Joe Mason said during the discussion.

To address that point, the commission approved the planning staff’s recommendation with an amendment requesting that staff (and county counsel where appropriate) further examine federal‑preemption questions before the BOCC hearing. Commissioner Suzanne Wolf made the primary motion to approve the resolution certifying the RSG rezoning; the amendment asking for additional legal review was proposed by Commissioner Joe Mason and seconded by Commissioner Doug. The motion passed unanimously.

A planning‑staff presentation and the commission discussion clarified several implementation details: the RSG rezoning would not change the zoning of privately held parcels; uses currently permitted by federal special‑use permits (for example, certain recreational or administrative uses) could continue while the land remained in federal ownership; and the county’s growth‑management rules would still govern creation of new development rights where applicable. Staff noted that county‑initiated rezoning follows a different notice process than private applications, and that the BOCC adoption process will include published notice and the two readings required by county procedure.

A member of the public, Courtney Kaye, joined the meeting and was given an opportunity to speak but offered no objection. Planning staff said the rezoning recommendation will go to the BOCC for first reading next week and that the second‑reading public hearing is scheduled for Aug. 13. Staff also said they had circulated the proposal to local caucuses and had spoken with at least one federal contact in advance of the hearing.

Commissioners and staff framed the action as a map correction and a clarification of long‑standing county policy to protect public lands and rural character, while acknowledging that specific legal questions about federal authority and long leases could require additional legal analysis before the BOCC considers formal adoption.

The commission adjourned after approving the resolution and setting the BOCC schedule.