12-20 Designation of Matter of State Interest

A. Areas of State Interest. The following areas are designated to be of state interest and subject to the regulatory provisions of this Chapter.

1. Mineral resource areas.
2. Natural hazard areas, including flood hazard, geologic hazard, and wildfire hazard areas.
3. Areas containing or having a significant impact upon historical, natural, or archeological resources of statewide importance, including significant wildlife habitat and shorelands at major publicly-owned reservoirs.
4. Areas around a key facility.

• (a) Areas around an Airport or Heliport.
• (b) Areas around Major Facilities of a Public Utility.
• (c) Areas around interchanges involving arterial highways.
• (d) Areas around rapid or mass transit terminals, stations and fixed guideways.

B. Activities of State Interest. The following activities are designated to be of state interest and subject to the regulatory provisions of this Chapter.

The portions of these Regulations or modification of existing permit authorized exclusively under Section 24‑65.1‑101, et seq., C.R.S. shall not apply to any development in an area of state interest or any activity of state interest that meets any one of the following conditions:

1. As of May 17, 1974:

• (a) The development or activity was covered by a current building permit issued by the County of Pitkin; or
• (b) The development or activity was approved by the electorate of the State or Pitkin County; provided that, approval by the electorate of any bond issue by itself shall not be construed as approval of the specific development or activity; or
• (c) The development or activity is to be on land (1) that has been conditionally or finally approved by Pitkin County for planned unit development or for use substantially the same as planned unit development; or (2) that has been rezoned through a quasi-judicial site-specific process by Pitkin County for the use contemplated by such development or activity; or (3) for which a site-specific development plan has been conditionally or finally approved by the appropriate governmental authority.

2. Other Exemptions:

• As of the effective date of these Regulations, rights have vested pursuant to County regulations or statute to engage in the activity or pursue the development in an area of state interest.

3. Exempt Water and Sewer Projects:

• A Water and Sewer Project is exempt from these Regulations if it falls into one of the following categories:
  • (a) The day to day operations of an existing Water and Sewer Project, or a minor change in the operation of an existing Water and Sewer Project, including retrofitting or upgrading technology, so long as the change in operation does not constitute a material change and does not cause negative impacts different from those of the existing Water and Sewer Project or otherwise exacerbate existing impacts.
  • (b) The maintenance, repair or replacement of an existing component of a Water and Sewer Project if it does not constitute a significant change and does not cause negative impacts different from those of the existing Water and Sewer Project or otherwise exacerbate existing impacts.