Frequently Asked Questions

Other than in the Animas Valley, La Plata County employs Performance Based Zoning. If you would like to make a specific development request we would be more than happy to review your proposal through our Feasibility Evaluation Form. If you are interested in an Additional Dwelling Unit, click here for more information.

You can use the La Plata County GIS to determine the zoning or land use classification of your parcel.

Use by right in La Plata County is one single-family residence on a legal lot of record. There is no minimum size requirement in the La Plata County Code; however, a building permit is required. Check HOA regulations. If you are inquiring about a tiny home on wheels, see RV info above. For information on Additional Dwelling Units, click here.

Please visit our webpage for all ADU information. Click here to be directed to that page. 

For use of one RV or RV pad, once use and occupancy of a recreational vehicle (RV) exceeds 90 days total in a calendar year, RV’s must comply with all land use and building code regulations of La Plata County. Those regulations can be found here.

Yes, you can 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 for the dwelling stating that it has to be disconnected from utilities or removed from the parcel prior to the building department's final inspection and/or issuance of a certificate of occupancy. If you wish to keep the RV connected or use the RV pad, please see “Can I live in my RV or have an RV pad on my parcel?”

You can check the status of your building permit or schedule an inspection through the online portal, click here (link). Contact the Building Department if you have any questions. They can be called at (970)382-6250 or email at Mary.Sandoval@co.laplata.co.us

No, the definition of a building envelope states that all development must be located inside the building envelope. (LUC Sec. 62-5) 

An easement is an authorization by a property owner for the use of a designated portion of such owner’s property by another person or entity, for a specified purpose such as access, utilities, etc. If the easement(s) 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 for the removal with the party that the easement is for. If the easement is not on a plat, it is suggested that you contact a land attorney to discuss removal options of the easement.

Right-of-way is a tract or strip of land acquired for or devoted to public circulation, including utilities, drainage, and irrigation canals and ditch purposes, and which have been dedicated to the county and/or a tract or strip of land, separate and distinct from the adjacent property, owned, occupied or intended to be occupied by an oil, gas or water pipeline. Removal of right-of-way requires a land use process.

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.  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. Minimum general setbacks (residential) in the land use code can be found in LUC Sec. 70-6 and for Oil & Gas, LUC Sec. 90-122.II. **Please note that if a parcel is platted and the plat is signed by the Board of County Commissioners it may have more restrictive setbacks than outlined in the code.

The purpose of a feasibility evaluation is for the 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 is not a land use permit or a request for an application, however, this form is required before one can request a land use permit application. Click here to fill out the form. 

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. 

To contact the Building Department, call (970)382-6250 or email Mary.Sandoval@co.laplata.co.us

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 as long as the remaining acreage of the parcels is 35+ acres.

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.

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 always have a planner on duty available for questions. Feel free to come into the office or call us at (970)382-6263. Or you can email us at Planning@co.laplata.co.us