Frequently Asked Questions

Other than in the Animas Valley, La Plata County (LPC) employs Performance Based Zoning. Chapter 66 of the LPC Land Use Code covers many different uses and projects that may be possible. Use-by-right in LPC is one (1) single-family residence on a legal lot of record.
If you would like to make a specific development request, please begin the process by completing our Feasibility Evaluation online form.
If you are interested in a second dwelling unit or a multi-family dwelling development containing three (3) or more dwelling units, please visit our ADU Information and Applications webpage.

La Plata County (LPC), excluding the Animas Valley District, employs Performance Based Zoning. The LPC GIS tool can help you determine the zoning or land use classification of your parcel, and our LPC District Plans webpage details specific information about your area. Chapter 65 of the LPC Land Use Code covers Animas Valley's specific land use designations and standards.

Our Additional Dwelling Units Information and Applications webpage has some great information about ADUs, and can help you determine if an ADU permit would be required.
Chapter 66 of the LPC Land Use Code can help explain how you may add a second dwelling unit, or a multi-family dwelling development containing three (3) or more dwelling units, to your parcel.

Use by right in La Plata County (LPC) is one (1) single-family residence on a legal lot of record, and there is no minimum size requirement; however, a building permit is required for structures larger than 200 square feet.
Be sure to check for Homeowner Association (HOA) regulations that may apply to your parcel.
If your tiny home is on wheels, it may be subject to the LPC Land Use and Building Code regulations for recreational vehicles (RVs).
If your tiny home would be an additional dwelling unit (ADU) on your parcel, our ADU Information and Applications webpage can help you determine if an ADU permit would be required.

Once use and occupancy of one (1) recreational vehicle (RV) or RV pad exceeds 90 days total in a calendar year, it will be subject to the LPC Land Use and Building Code regulations for recreational vehicles (RVs).

You may live in an RV while building a house (dwelling), if there is not already a dwelling on the parcel. A condition will be placed on the building permit stating the RV must be disconnected from utilities or removed from the parcel prior to the Building Division's final inspection of the dwelling and/or issuance of a certificate of occupancy. If you wish to keep the RV connected, or use the RV pad, the RV must comply with the LPC Land Use and Building Code regulations for recreational vehicles (RVs).

You can check the status of your building permit or schedule and review an inspection through the City View online portal. Please contact the Building Department to learn more.

No, La Plata County's Land Use Code defines a building envelope as the area on a lot that encompasses all development.

An easement is an authorization by a property owner for the use of a designated portion of the owner’s property by another person or entity, for a specified purpose such as access, utilities, etc.

If the easement is on a plat that is signed by the Board of County Commissioners, a land use process is required to remove the easement, as well as an agreement with the person or entity that the easement is authorized for. You may start the land use process by submitting a Feasibility Evaluation form.

If the easement is not on a plat, you may need to contact a land attorney to discuss removal options.

A right-of-way is a tract or strip of land devoted to public circulation, including utilities, drainage, and irrigation canals and ditch purposes. Removal of a right-of-way requires a land use process; you may start this process by submitting a Feasibility Evaluation form.

Generally, a setback is an undeveloped open area of fixed width within a parcel along the front, side, or rear property line, or along the foundation of a structure and a property line, highway right-of-way or constructed highway, whichever is the most restrictive. Look at La Plata County (LPC) Land Use Code Chapter 70 for more information about general setbacks.
Other setbacks include a wellhead, intermediate line, gathering line, or major oil and gas facility structure boundary and the closest projection of a residential, commercial or industrial building, lot or property line, a permitted facility or a platted building envelope in a platted subdivision. Look at LPC Land Use Code Chapter 90-122.II for more information about Oil and Gas setbacks.

Occasionally, if a parcel is platted and the plat is signed by the Board of County Commissioners, the parcel may have more restrictive setbacks than outlined in the code and mentioned here.

A feasibility evaluation allows Planning Department staff to assess and identify potential constraints, financial obligations (costs), and the likelihood of completing a project successfully. Submittal of a feasibility evaluation does not replace a land use permit application, however, this form is required before one can request a land use permit application.

You are allowed to have one single-family residence on a legal lot of record with a building permit. However, some parcels may be required to meet access road standards before a building permit for a single-family residence can be issued. Please contact the Building Department to learn more.

An illegal lot is the modification of a parcel of land that is on a plat that is signed by the Board of County Commissioners and under 35 acres after May 5, 1972, without going through a county process. If a 35+ acre parcel is on a plat that is signed by the Board of County Commissioners, this rule of needing to go through a county process for any modification after May 5, 1972, also applies.

Chapter 67 of the La Plata County Land Use Code (LUC) provides information on the general purpose and applicability of dividing land. All land divisions into three (3) or fewer lots would be considered Minor Subdivisions. A major subdivision process is required if the subdivision or lot split results in more than three (3) lots.

To remove the parcel boundary lines between multiple parcels, a lot consolidation process is required. The first step for most permits is to fill out a feasibility evaluation form. If the parcels are over 35+ acres and are not on a plat that is signed by the Board of County Commissioners this change can be done without a county process.

In order to modify the parcel boundary lines between multiple parcels, a boundary adjustment process is required. The first step for most permits is to fill out a feasibility evaluation form. If the parcels are over 35+ acres and are not on a plat that is signed by the Board of County Commissioners this change can be done without a county process as long as the remaining acreage of the parcels is 35+ acres.

It is best to hire a licensed surveyor to determine where property lines are actually located on the ground. Licensed surveyors are qualified to properly and accurately locate your property lines. 
The county has an online mapping program that can be used to generally identify property boundaries. The data shown on the GIS Maps can be off by several feet. County staff cannot determine where your property lines are precisely located.
If your property has a recorded plat or a survey plat, the plat will depict where the property lines are. Plats can be obtained at the Clerk and Recorder’s office; information can be found here.

The Land Use Code defines a plat as “A map and supporting materials of certain described land prepared in accordance with the county’s subdivision regulations as an instrument for recording of real estate interests with the County Clerk and Recorder”. We use plats to find easements, building envelopes, or plat notes related to a subdivision or lot, amongst other things. Not all lots are platted in the County.

Please use this helpful table to determine if the type of event you wish to hold will require a land use permit. 

Please use this helpful table to determine if the type of event you wish to hold will require a land use permit.

Please use this helpful table to determine if the type of event you wish to hold will require a land use permit.

The county currently does not have any regulatory view sheds that are enforced by the county.  Private covenants or conservation easements may include provisions for view shed protection.  However, the county does not oversee covenants or scenic easements.  The La Plata County Planning Department does not keep records relating to privately dedicated viewsheds or scenic easements. Some individual district plans contain view shed/visual corridor information in the public benefit criteria.
Please click here to check if your District Plan has these criteria.

Tax assessments do not determine the land use classification or zoning on a property; it is a classification used for taxation purposes only. Call the Planning Department if you have questions regarding your land use classification or zoning. See EAGLEWEB or contact the Assessor’s Office for information on Agricultural tax assessments.

Yes, see land use code sections 70-6.II for information on height restrictions. Please note that some plats that are signed by the Board of County Commissioners may also have height restrictions. 

The Planning Department sends notices to homes within 500 ft. of a project, 1000 ft. in the Animas Valley. These notices are sent when a project is submitted and prior to any hearing dates with attendance information. If you have not received notice from a project in your area, you may want to check with the Assessor’s Office to ensure that we have the correct mailing address on file. There are times when postcards are not received due to a mailing address that does not match the physical address of a property.

You can also check for projects in your area using our Planning Project Locator Map. 

We try to always have a planner available for questions. Feel free to come into the office or call us at (970)382-6263. Or you can email us.