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County attorney: State law repeal leaves counties without enforcement power over prairie dogs
Summary
At the Feb. 11 Ouray County work session, the County Attorney said Colorado repealed most of the Rodent Pest Control Act in 2025, leaving counties without statutory authority to force prairie dog removal on private land; residents urged non‑lethal measures and towns were noted as having more local authority.
At a Feb. 11 Ouray County Board of Commissioners work session, the County Attorney told commissioners that state law changes mean the county no longer has statutory authority to enter private property or enforce removal of prairie dogs.
"The legislature got rid of almost all of the Rodent Pest Control Act last year," the County Attorney said, adding that what remains is an optional planning process without enforcement "teeth." He said some counties and cities still maintain voluntary prairie dog management plans, but statutory enforcement powers that resembled noxious-weed authorities were repealed in 2025.
The comment followed public testimony from resident Mark Kirk, who said he will not pursue litigation after meeting county staff but urged limits on prairie dogs in residential areas. "I will not be pursuing any litigation," Kirk said, and said the animals have prevented him from completing fire‑protection landscaping on his property and have caused what he described as substantial losses.
Several residents and wildlife professionals urged non‑lethal strategies. Suzanne Goler, a Ridgeway landowner, said prairie dogs "provide many benefits" and suggested visual barriers such as hay bales or removable fencing to discourage movements into human‑use areas. Fred Boyle, a retired wildlife biologist, recommended attracting predators and other ecosystem‑based approaches rather than eradication.
Commissioner Lynn Padgett, joining remotely, urged the board to review examples from Boulder and Jefferson counties and to consult Colorado Parks and Wildlife and CSU Extension for deterrent techniques. The County Attorney noted that towns operating under home‑rule charters may have different authorities and that residents could raise the issue with state legislators if they want statutory changes.
The board took no formal action. The chair summarized that, for now, prairie dog issues on private property will remain matters for private landowners to address among themselves unless the commissioners pursue voluntary planning or request legislative change.
