Fountain, CO Right to Farm: Agricultural Zoning Protection (2026)

Two of Fountain's seventeen zoning districts are built around agriculture. The large lot agricultural/residential district, Section 17.04.010, requires a minimum of two and one-half acres per dwelling unit and lists agricultural activities as defined in this title and keeping of animals as specified in chapter 17.18 as permitted principal uses, meaning they do not need a conditional use permit or public hearing. Crop farming is listed as a permitted accessory use as well under Section 17.04.010(B)(2)(c), and the district's stated purpose is allowing land to remain in agricultural production while retaining the rural character of Fountain. The residential agricultural district, Section 17.04.020, carries the same by-right agricultural and animal-keeping uses on a smaller one-acre minimum lot.

Livestock numbers in both districts are governed by Chapter 17.18, Animal Raising and Keeping, which assigns an animal unit to each species, a mature horse is 1.3 units, seven goats equal one unit, and generally allows one animal unit per acre on non-irrigated land, two per acre on irrigated pasture, under Section 17.18.020(C)(3)-(4). Structures and fenced areas where livestock are kept must sit at least 50 feet from any property line unless the abutting land is also zoned LLR, RA, or POS. Commercial riding stables and non-public schools are conditional, not by-right, uses in both districts, requiring planning commission and council approval.

The code does not use the phrase right to farm, and it does not immunize agricultural use from nuisance claims; it works by zoning classification, permitting farming and animal-keeping outright only inside the LLR, RA, POS, and PUD districts and excluding them elsewhere in the city. These provisions were last readopted under Ordinance No. 1742 on January 14, 2020.