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Planning commission recommends town adopt state-mandated onsite wastewater rules
Summary
The Rico planning commission moved to recommend Ordinance 2026-02 — repealing Ordinance 2017-01 and adopting standalone onsite wastewater (OWTS) regulations to align the town with state Regulation 43 — and voted to forward the recommendation to the Board of Trustees.
The Rico Planning Commission recommended that the Town of Rico Board of Trustees adopt Ordinance 2026-02, a state-mandated update to the town's onsite wastewater treatment system rules.
Staff explained the measure would repeal Ordinance 2017-01 and place technical OWTS rules in a standalone regulation so the town aligns with the state's Regulation 43. Staff said Regulation 43 covers technical specifications including permitted system types, how many dwellings may tie into a system, slope limitations and occupancy-based flow calculations "bringing us into compliance with that regulation 43," and that the town retains limited authority to impose town-specific technical restrictions described in an appendix.
Commissioners discussed the local variance process and cited a pending variance request by the Lock applicant as an example. Staff clarified that staff-level consultation typically happens first; where a proposed variance would bump up against state technical rules, the town's process would defer to the Colorado public health authority (as described in the meeting).
A commissioner raised concern that granting variances could set a precedent for development in marginal parcels; staff said the draft ordinance includes grandfathering language to protect existing, lawfully installed systems.
Committee member Andrew asked about the consequences of not adopting the ordinance; staff responded that failure to adopt could invite enforcement by state public-health authorities and expose the town to liability for unresolved violations.
A motion to recommend approval of Ordinance 2026-02 (finding the amendment aligns the town with mandatory state health standards per Regulation 43 and affirms the local board of health's authority to implement town-specific technical restrictions) was moved and seconded. The commission took an in-room affirmative voice vote and agreed to forward the recommendation to the Board of Trustees. The meeting record does not list a roll-call tally.
The Board of Trustees will receive the planning commission's recommendation at a future meeting; the commission did not set a final effective date for the ordinance and did not record a formal roll-call vote in the transcript.
