La Plata County, CO Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Policy section
- La Plata County Code § 70-13, Right to farm and ranch policy
- Reach
- Development in unincorporated La Plata County under Chapter 70 standards
- County tool
- Conditions on approval of any development near agricultural operations
- Plat note
- Decision-making body can require a right to farm plat note
- Fence law
- Colorado is a fence out law state, C.R.S. § 35-46-101 et seq.
- AgPlus parcel size
- Fifteen (15) acres for most AgPlus uses, § 66-3.II.B
- Land use permit
- None required for agriculture as defined in Chapter 62, § 66-3
Summary
Section 70-13 of the La Plata County Code sets the county's right to farm and ranch policy for development in unincorporated La Plata County, Colorado. The Board of County Commissioners' code lets the county attach conditions to any development approval to protect neighboring agricultural operations, and it lets the decision-making body require a plat note that Colorado is a right to farm state.
I. Purpose. Agriculture as a way of life benefits all residents within La Plata County. It is an important part of the economy and adds intrinsic value to life in the county. Agriculture brings with it noise, odors, dust, mud, smoke and other perceived inconveniences, such as ditch and field burning, machinery and livestock on public roads, odors from manure and feeds, odors from chemical applications, lights and noises at all hours of the ... day and night, and on-farm processing and marketing of crops and livestock. ... II. ... Authority. State law and county policy provides that no inconvenience shall be considered a nuisance so long as it occurs as part of non-negligent and legal agricultural practices as stated in C.R.S. § 35-3.5-101 et seq. III. Performance standards. The county may impose conditions upon the approval of any development to ensure that it does not adversely affect adjacent or near-by agricultural operations, and to ensure that such development does not limit the viability of the agricultural operations. ... IV. ... Plat notes. In appropriate projects, the decision-making body may require a plat note providing notice that Colorado is a right to farm state.
Full Breakdown
Chapter 70 of the Land Use Code holds the general site development standards applicable to all development, so the right to farm and ranch policy in section 70-13 reaches projects anywhere in unincorporated La Plata County, Colorado, not only inside the Animas Valley. Zone districts in Chapter 65 cover the Animas Valley and a few neighborhood areas, which makes section 70-13 the standard that follows farm neighbors wherever a development is proposed.
The purpose clause names what the county expects people near farms to live with: noise, odors, dust, mud, smoke, ditch and field burning, machinery and livestock on public roads, odors from manure and feeds and from chemical applications, lights and noises at all hours of the day and night, and on-farm processing and marketing of crops and livestock. Section 70-13.II says no inconvenience shall be considered a nuisance so long as it occurs as part of non-negligent and legal agricultural practices under C.R.S. § 35-3.5-101 et seq.
The working tool is section 70-13.III. The county can impose conditions on approval of any development so that it does not adversely affect adjacent or near-by agricultural operations or limit their viability. The listed subjects are nuisance or liability issues, predation of stock by domestic dogs, traffic conflicts, interference with irrigation, proliferation of undesirable plants and rodents, erosion, and wildlife intrusion. Section 70-13.IV lets the decision-making body require a plat note, and section 70-13.V states that Colorado is a fence out law state: owners of real property fence livestock out before recovery of damages for trespassing livestock, citing C.R.S. § 35-46-101 et seq.
The zoning side sits in other chapters. In the Animas Valley, section 65-3 lists commercial livestock and agriculture-related operations and their accessory structures as uses permitted by right in the fifteen-acre, ten-acre and five-acre minimum single-family residential districts, and the river corridor district in section 65-4 allows one dwelling unit per existing legal lot of record or per thirty-five (35) acres, whichever is less, alongside those operations. Section 66-3 says no land use permit is required for agriculture as defined in Chapter 62 or for AgPlus uses. An AgPlus parcel must have been classified by the county assessor as agricultural in the previous two (2) years, and most AgPlus uses also require a minimum of fifteen (15) acres.
Violations & Fines
Section 70-13 prints no fine of its own. Its force comes through the development approval: conditions and plat notes imposed under section 70-13.III and IV travel with the project, and Chapter 80 of the Land Use Code holds enforcement and penalties. On AgPlus parcels, section 66-1.IX treats a drop below the minimum qualifying acreage as a violation subject to chapter 80 unless a new land use permit is obtained, and section 66-3.II.B.3 requires that the parcel not be in violation of the code or the building code.
Frequently Asked Questions
Does a farm in unincorporated La Plata County have protection from nuisance complaints?
What can the county require of a new development next to a ranch?
Do I need a land use permit to farm my land in unincorporated La Plata County?
Who has to fence livestock under the La Plata County Code?
Sources & Official References
Other rules in La Plata County
Compare La Plata County to another location·View the Colorado right to farm overview
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