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BOCC tightens review for special uses on nonconforming lots; administrative review largely retained

San Miguel County Board of County Commissioners · August 6, 2026
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Summary

The board continued and adopted amendments affecting legally nonconforming lots in the F, Wrights Mesa and High Country districts: certain one-step special-use items were moved to a two-step review while objective administrative reviews remain in place; Resolution 2026-29 passed unanimously.

County staff presented a revised amendment to the land use code addressing legally nonconforming lots in the Forestry/Agricultural (F) zone, Wrights Mesa and High Country districts. The change permits uses allowed by right and by administrative review on nonconforming lots, but moves many special-use items that had been processed as a "one-step" review into a two-step special-use review to ensure greater public notice and discretionary evaluation.

Staff described the rationale as preserving objectivity for administrative decisions (which can be appealed) while increasing scrutiny for proposals likely to affect neighbors. Commissioner Brown said she initially feared the change might upzone parts of Wrights Mesa but, after discussion, supported the revision as a middle ground. The BOCC adopted the amendments and authorized the chair to sign Resolution 2026-29. "All of a sudden, you're putting them through a 2 step process instead of a building permit," staff observed when explaining effects on caretaker units and other uses.