Precinct 13 passed zoning resolution
Precinct 13 Caucus, February 7, 2012
A Resolution to Limit the Expansion of Zoning Laws
Whereas Republicans stand for limited government and the protection of private property rights, and
Whereas property owners are far more motivated to protect and improve their own property than third party government bureaucrats, and
Whereas county zoning regulations are written and enforced by unelected and unaccountable bureaucrats, and
Whereas government bureaucrats have the legal tools of sovereign immunity from prosecution coupled with deep pocket taxpayer dollars to ward off citizen challenges, and
Whereas zoning regulations have not delivered on their promised outcomes of improved environmental quality, increased property values, additional jobs, or a higher standard of living, and
Whereas county zoning has become a preferred tool for activists to manipulate regulatory law to impose environmental populism on citizens through measures that would never succeed at the ballot box;
Therefore be it resolved that Elbert County Republicans object to the expansion of Elbert County zoning laws.
Resolution Passed: 23 Yes, 2 No, 1 Abstain
adult behavior
We have rights. As Americans we have the freedom to make agreements, to make promises, and to bargain with each other for mutual advantage. When we give a promise and receive something of value for it, we can use the courts to enforce those agreements. This is what free citizens do in a free country.
What citizens should not do in a free country is run like helpless children to the government for protection when each new challenge comes along.
Governments are made up of people no more smart or capable than you and me. What they have is rigid, uniform, arbitrary, black and white LAW, and power. People are flexible, diverse, and subtle.
Citizens engaged in working the problem to make our land better cannot be sufficiently anticipated by a rigid code of government regulations, no matter how artfully drawn.
The Founding Fathers understood this so they wrote a Constitution of negative law to limit the power of government and leave men free to live and work. They also knew that citizens in a pure democracy would push for ever more government to the detriment of freedom and our republic. At the planning commission meeting last Thursday, many were there proving the point.
Citizens can and will protect their own interests and their own resources better than government can, and that applies to all issues including: safety, the environment, health, maximum economic benefit, effective utilization, and preservation of all of our resources.
Citizens do this because it’s in their interest to do so. Government is merely a third party with no stake—government is just not as motivated to protect our property as we are.
Don’t give them more power over us. It’s a poor bargain. You won’t get the protection you expect and they won’t ever relinquish the power they take. You will burden us forever with more expensive, unproductive, and arbitrary bureaucracy.
This code of oil and gas regulations presumptively treats every citizen in Elbert County like a criminal. We are not criminals, and we are not merely applicants. We are free American citizens who can write our own contracts and protect ourselves. And we don’t need a ruler to tell us what we can do.
Look how this oil and gas lessor protected his interest. He wrote a one page addendum to his lease that fully protects his interests. This is how adults solve problems responsibly. Responsible citizens don’t run to government planners and clamor in public meetings for 60-page monstrosities of zoning law to provide environmental lawyers and planners with an endless pool of aggrieved litigants.
Elbert County next?
Text of letter: AG letter to El Paso County of 1-10-2012
Attorney General warns El Paso County on proposed oil and gas regs
2012-01-17 16:26:51
The Attorney General’s Office last week sent a letter warning El Paso County that its proposed oil and gas drilling regulations conflicted with state regulations.
The letter, dated Jan. 10, cited proposed rules on setbacks, excavations, water quality, wildlife, visual and noise impacts and permitting that it argued are in the purview of the Colorado Oil and Gas Conservation Commission.
“The county should reject the proposed rules discussed above as being in operational conflict with the (oil and gas commission’s) regulatory regime,” the letter concluded. “The county should reject the proposed rules discussed above for the additional reason that exhaustive local regulations are unnecessary.” [Read more…]
Hickenlooper’s SOTS address
On the subject of county level oil and gas regulations:
“In that same spirit, we intend to work with counties and municipalities to make sure we have appropriate regulation on oil and gas development, but recognize the state can’t have 64 or even more different sets of rules.”
http://www.bizjournals.com/denver/news/2012/01/12/text-hickenloopers-state-of-the.html?page=all
Perhaps the tide of regulatory proliferation of the myth of a perfectable society has turned around on all the would-be czars and county potentates in Colorado’s planning and zoning departments.
Our freedom depends on it.
fiefdoms are fascist
CO AG warned Arapahoe
Arapahoe County proposed Oil and Gas Zoning recently rejected
Colorado Attorney General’s Letter to Arapahoe – pdf
Note: Arapahoe’s proposed regs are 19 pages long. Elbert County’s proposed regs run 60 pages.
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The Board of Elbert County Commissioners met in a regularly scheduled meeting on September 28th, 2011: Excerpt-
Commissioner Shipper moved to approve and execute Engagement agreement between Elbert County and the law firm of Murray, Dahl, Cougenmiester and Renaud LLP regarding provision of certain special counsel service to Elbert County regarding the draft of the Elbert County Oil and Gas Regulations.
Commissioner Schwab commented on a concern, the State can overrule County Regulations and would not want to be put in this position. The only way to avoid this is to have someone with oil and gas experience review these regulations, that is reason the Board is entering into this Agreement with Murray, Dahl, Cougenmiester and Renaud LLP.
Commissioner Schwab seconded the motion, passed.
Perhaps the Elbert County BOCC should get their money back on this contract….
and consider whether we need a czar of anything around here.
Post endorses limiting govt.
Gunnison BOCC limits govt.
COGCC, Gunnison County approve MOU
“The Colorado Oil and Gas Conservation Commission and Gunnison County have approved a memorandum of understanding that memorializes the intent of both parties to work together on regulatory matters related to oil and gas development. This MOU, the first of its kind between the Commission and a county government, was approved Oct. 31, 2011.
The MOU follows several meetings between Commission staff and county officials and represents a cooperative approach designed to clarify and coordinate the regulation of oil and gas operations in a way that assists the state and provides assurance to the county and its residents that industry activity is protective of public health and the environment.”
MOU Between the Colorado Oil and Gas Conservation Commission and Gunnison County