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Town Council to Consider Ordinance Adding Additional Enforcement Tool for Stream Tract Enforcement

  • 27 May 2015
The Vail Town Council will consider first reading of an ordinance at its regular meeting on Tuesday, June 2 that would provide an additional tool to enforce stream tract encroachments within the town. Review of Ordinance No. 6, Series of 2015 is listed ninth on the meeting agenda which begins at 6 p.m. in the Town Council Chambers with opportunities for public comment.

As drafted, Ordinance No. 6 would help facilitate the removal of a private encroachment on town-owned stream tract property at the town’s request. It would also grant the town authority to remove the encroachment if the property owner fails to comply upon request and to charge for cost recovery. The ordinance is similar to legislation adopted in 2007 that addresses abatement of dead trees. Ordinance 23, Series of 2007 requires property owners to remove dead or diseased trees within 30 days of notification or to have an acceptable mitigation plan in place.

Currently, the town issues a trespass citation in Municipal Court as its enforcement action for stream tract encroachment. The additional tool would expand the town’s options to address encroachment situations on a case by case basis, according to George Ruther, Community Development Director.

The town has previously identified dozens of encroachments along the public stream tract, ranging from unauthorized landscaping to construction of permanent structures. The encroachments have subjected Gore Creek and other waterways to numerous disturbances including erosion and degradation of the water quality. A public awareness campaign has been underway since 2009 to communicate the importance of the riparian habitat on the health of Vail’s waterways.

The draft ordinance is available online, or to forward comments to the Town Council in advance of Tuesday’s meeting, email

Contact: George Ruther, 970-479-2145

Community Development Director 


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