Planning commission approves updated affidavit for fulfillment of decommissioning contracts

The Castle Valley Planning and Land Use Commission voted to approve a revised affidavit for fulfillment of routine and nonroutine decommissioning contracts at its April 3, 2025, regular meeting.

The new affidavit clarifies the process used when property owners sign contracts promising to remove or decommission an existing dwelling, such as an RV, once a new residence receives a certificate of occupancy. Colleen Thompson, the town's building permit agent, told commissioners the form had been out of date and lacked a date stamp; she presented a single revised form to work for both routine and nonroutine cases.

"When somebody wants to live in an RV... before we give them a building permit for their house, we require a decommissioning contract," Colleen Thompson said, explaining the difference between the routine contract recorded against a deed and the nonroutine contract used when an older structure will be demolished or decommissioned after a new dwelling is finished.

Thompson said the county records the document at no charge to the town, while the town charges a $30 administrative fee to cover staff time. She described practical changes in the draft affidavit to allow it to be edited to match the specific circumstances of each property and notarized before recording.

Commissioner Janie moved to approve the updated affidavit and Jeff Whitney seconded. The motion passed by roll call; members present voted in favor.

The commission directed staff to add the revised affidavit to the list of updated land-use forms the commission is reviewing.

The updated form is intended to streamline the removal of deed encumbrances once the decommissioning obligations are verified and recorded at the county level. Thompson said the change will help staff close out permit files and release recorded encumbrances more consistently.