§ 35-72-103 — Action by county commissioners - emergency conditions

Colorado § 35-72-103

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Soil Erosion - Dust Blowing - 1954 Act

Text

(1) (a)
When the board of a county of the state is advised in writing or otherwise informed
that soil is blowing from land in the county; the board is supplied with a description
of the land; and it appears that private property, including crops, grasslands,
fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land,
or roads, barrow ditches, fences or other public property is being damaged by the
blowing soil, the board shall as soon as practicable:

(I) Give notice of the complaint to the owner or occupier of the land from
which soil is blowing; and

(II) Inspect or order the inspection of the land.

(b) If the board finds, after consultation with the local district board of
directors, the state conservation board, or an extension agent with expertise in soil
conservation or soil science, and after consultation with local owners or occupiers,
including the owner or occupier of the land from which soil is blowing, that soil is
blowing from the land in sufficient quantity to be injurious to private property,
including crops, grasslands, fences, fencerows, irrigation canals, ditches, or
livestock on adjacent or other land, or to roads, barrow ditches, fences, or other
public property because of soil being blown thereon, the board shall determine
what, if anything, can be done to prevent or materially lessen the blowing of soil
from the land. If the board determines, after the consultation, that the complaint
lodged with it falls under article 3.5 of this title, the board shall not take further
action. If the board finds, after the consultation, that an emergency exists, that the
blowing is occurring, that property damage appears to be resulting from the
blowing soil, and that it can be prevented or materially lessened by treatment of the
soil, the board shall issue a citation to the owner as listed upon the records of the
county assessor and to the occupier, if known to the board, specifying the nature of
the treatment required and the extent thereof, the date by which the treatment is to
be commenced, and the date it is to be completed.

(2) Notice of the citation shall be given by personal communication, if
possible, and by mailing a copy of the citation by registered mail addressed to each
of the persons to whom the citation is directed at the address as shown on the
records of the county assessor; otherwise, service of such citation shall be made as
provided by the Colorado rules of civil procedure for the service of summons. Such
citation shall also be posted in a public place in the county courthouse in the county
in which said land is located. If such treatment is not commenced on or before three
days or within such greater time as may be specified in such citation after the date
of such personal communication, mailing, and posting or the service of notice as
provided in this subsection (2), or if the treatment is not performed in the manner
and to the extent specified in the citation and with due diligence, or if, prior to the
expiration of the date fixed in said citation, the persons to whom said citation is
directed advise the board that they do not intend to or cannot accomplish the work
so directed, the board may cause such treatment to be performed in accordance
with such citation.

(3) The provisions of this section shall not apply to any land less than one
acre in area.

Legislative History

Source: L. 54, 2nd Ex. Sess.: p. 22, � 3. CRS 53: � 128-3-3. C.R.S. 1963: � 128-3-3. L. 65: p. 1060, � 1. L. 81: (1) and (2) amended, p. 1695, � 3, effective July 1. L. 83: Entire section amended, p. 1377, � 4, effective May 12. L. 2002: (1) amended, p. 516, � 9, effective July 1. L. 2014: (1) amended, (SB 14-052), ch. 43, p. 214, � 1, effective August 6. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 145, � 178, effective August 6.