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What will Vail’s new stream protection measure look like?

Vail Planning and Environmental Commission takes on proposed new protection ordinance

Vail’s government is looking into new rules regarding ways to better protect Gore Creek.
Chris Dillmann/Vail Daily archive

Gore Creek in 2012 landed on a state list of “impaired waterways.” Getting off that list has taken years, money and changes to the law.

The latest changes are proposed amendments to the town’s setbacks from streams. The idea is to create more space between streams — primarily Gore Creek — and human activity.

The proposal has been in the drafting stages for some time. It’s currently being review by the Vail Planning and Environmental Commission. That board Monday took several hours to review what’s proposed. Once that commission is finished with its review and recommendations, the Vail Town Council will then have to approve the changes.



A proposal to create “no-mow” zones along streambanks was uncontroversial.

But changing stream setbacks is a big deal. Setbacks are currently measured from the center line of the stream. The proposed change will move the setback to at least 25 feet from the stream’s “ordinary high water line.”

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That line is measured by determining where the stream runs at its peak over a period of time.

The U.S. Environmental Protection Agency recommends a 100-foot setback, which isn’t really practical in the narrow confines of Vail. The agency’s minimum recommended setback is 25 feet.

Who’s affected?

The change will ultimately result in an increase in the natural area along stream banks, as much as 4 acres, according to town estimates. But that change will likely take years, since property owners whose structures don’t comply with the new rules will only have to meet the new rules if they rebuild.

The new rules could affect development or redevelopment along the creek. To accommodate people or companies already at work, planner Dominic Mauriello recommended that if adopted, the new ordinance would take effect only after at least a few months.

Mauriello has been working for some time with the owners of the Evergreen Lodge on redeveloping that property. The lodge is affected by setbacks from Middle Creek. Changes to the setback rules could force the property to change its plans, on which the lodge owners have already spent millions, Mauriello said.

Take some time

Commission members seemed to recommend the council delays enacting the ordinance.

East Vail resident Blondie Vucich urged the commission to act. Gore Creek was once a state-designated “Gold Medal” trout fishing stream, she noted, adding that mowing and chemical use have over the years degraded the creek’s water quality.

Vucich noted that she and her husband, Tom, three years ago introduced native grasses on the stream frontage at their home. That stretch of the creek is now seeing more bird and small mammal life, she said.

It’s going to take many residents, hotels and condo associations to take the same actions for any long-term impact.

Vail Water Quality Education Coordinator Pete Wadden noted in his presentation that roughly 60% of all the town’s stream frontage is privately owned.

But it’s going to take some time before the Town Council sees the document. Commission members agreed, continuing discussion until Feb. 14.

Staff has a lot of work to do in the next couple of weeks. Most commission members favored sticking with the proposed high-water mark but wanted better definition of the term and how to handle appeals in which a property owner disagrees with the official assessment.

Commission member Karen Perez said the new regulations should be as clear as possible, adding that clear rules will make enforcement easier, as well.

“This is complicated,” Perez said, adding she believes the commission should take its time before sending the measure to the council.

Who’s doing what?

Here’s a look at what other jurisdictions are doing regarding restrictions near streams:

Eagle County: 75 feet from the center line of a stream.

Pitkin County: 100 feet from the ordinary high water line.

Steamboat Springs: 100 feet from the ordinary high water line.

Summit County: 25 feet from the ordinary high water line.

Source: Town of Vail


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