Case Study: Summit County
Population: 28,940 (U.S. Census Bureau, 2015)
Location: Central mountains along I-70, east side of Vail Pass
1041 Designations:
- Site Selection of Arterial Highways/Interchanges/Collector Highways
- Site Selection of Rapid/Mass Transit Facilities
- Site Selection/Construction of Major Facilities of a Public Utility
- Site Selection/Construction of Major New Domestic Water and Sewage Treatment Systems
- Major Extensions of Existing Domestic Water and Sewer Treatment Systems
- Efficient Utilization of Municipal/Industrial Water Projects
- Site Selection/Development of Solid Waste Disposal Sites
- Site Selection of Airports
Year of 1041 Adoption: 1974; Amended 1988, 1995, 2002, 2004, 2005, 2013
Number of Permits Approved since 1974: 47
1041 Story
Summit County first adopted their 1041s on July 1, 1974, not long after the enabling legislation was passed. The County adopted their regulations pro-actively because they wanted to control their destiny and saw the advantages of exercising this new level of delegated authority. The White River National Forest occupies over 80% of the total land area in Summit County. Without 1041s, the County government did not previously have authority to regulate development within these federal lands. 1041 Regulations gave the County the authority to review development that would otherwise be outside their control, greatly expanding the County’s ability to regulate growth and development within the designated areas and activities. Summit County’s 1041s have been updated over the years, to clarify language or add additional designations, and were substantially rewritten in 2002.
Developing and Implementing their 1041s
When Summit County updated their 1041s in 2002, the County hired an attorney with expertise in land use and 1041 Regulations and another attorney with expertise in water quality issues. The Board of County Commissioners reviewed and adopted the amended regulations in July of 2002 under the County’s Land Use and Development Code.
There have been no legal challenges to Summit County’s 1041 Regulations, though over the years some applicants expressed concern over the complexity of the process. The County responded to this concern by amending the regulations in 2002 to clarify and simplify the provisions. The key changes included allowing for a coordinated approach with other regulatory agencies, improvements to the permit application, review, and hearing procedures; clarifying, expanding, and improving the definitions, applicability, exemptions, financial guarantee, and permit administration and enforcement sections of the Code.
Some Key Features of Summit County’s 1041s
Like other respondent communities, Summit County’s 1041s require substantial submittal documentation for all applicants, additional documentation specified for each designated activity, and compliance with approval criteria that go beyond the minimum criteria set in AASIA. The County’s streamlined permit review process provides for an early determination of the impacts of a proposed development or project. Like other communities, the County has a three-tiered permit review process: Finding of No Significant Impact (FONSI), minor permit review, and major permit review (Summit County, 2013, pp. 12-13). FONSI determinations are most often made for proposed revisions or changes to previously approved permits or completed projects. A minor permit review designation allows the project to skip review by the planning commission and go straight to the Board of County Commissioners.
Effectiveness of the 1041s for Regulating Development
Summit County adopted their 1041s to ensure that growth and development in the County occurs in a safe, efficient, and coordinated manner that is consistent with legitimate environmental concerns, and to ensure that adequate community services and facilities are provided to serve the community’s needs (Summit County, 2013, p.4.) 1041s gave Summit County authority to review and regulate developments that were not otherwise previously within their jurisdictional authority. In particular, Summit County successfully uses their 1041s to review projects on U.S. Forest Service land, exercising a level of oversight of development that did not otherwise exist.
The County’s 1041s have been effective for controlling development to protect and preserve environmental resources, public lands and welfare, and the rights of property owners. Summit County’s 1041s have given the County the ability to ensure that development of designated areas or activities of state interest is not in conflict with the community’s goals or the County’s duties to manage and coordinate growth and development.
Advice | Tips | Strategies for Adopting 1041s from Summit County
Seek the advice of knowledgeable professionals so you can be confident your 1041s are consistent and fully comply with the enabling legislation. Also, make sure you have permitting fees that adequately cover the staff time and costs incurred by your office to process a 1041 permit approval.
Takeaways
Summit County was an early adopter of 1041 Regulations and has used them successfully for over 40 years to regulate development that would not otherwise fall under their jurisdictional purview. The fact that 1041s are applicable to projects on U.S. Forest Service land is critically important because over 80% of the land in Summit County is in the White River National Forest. Without 1041s, the County would be unable to regulate development or projects over large swaths of its land area, areas that are critical tourist destinations (ski resorts) and natural resource areas.