Colorado § 35-72-103 - Action by county commissioners - emergency conditions.

§ 35-72-103. Action by county commissioners - emergency conditions.

(1) (a) When the board of a county of the state is advised in writing or otherwise informed that soil is blowing from land in the county; the board is supplied with a description of the land; and it appears that private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or roads, barrow ditches, fences or other public property is being damaged by the blowing soil, the board shall as soon as practicable:

(I) Give notice of the complaint to the owner or occupier of the land from which soil is blowing; and

(II) Inspect or order the inspection of the land.

(b) If the board finds, after consultation with the local district board of directors, the state conservation board, or an extension agent with expertise in soil conservation or soil science, and after consultation with local owners or occupiers, including the owner or occupier of the land from which soil is blowing, that soil is blowing from the land in sufficient quantity to be injurious to private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, barrow ditches, fences, or other public property because of soil being blown thereon, the board shall determine what, if anything, can be done to prevent or materially lessen the blowing of soil from the land. If the board determines, after the consultation, that the complaint lodged with it falls under article 3.5 of this title, the board shall not take further action. If the board finds, after the consultation, that an emergency exists, that the blowing is occurring, that property damage appears to be resulting from the blowing soil, and that it can be prevented or materially lessened by treatment of the soil, the board shall issue a citation to the owner as listed upon the records of the county assessor and to the occupier, if known to the board, specifying the nature of the treatment required and the extent thereof, the date by which the treatment is to be commenced, and the date it is to be completed.

(2) Notice of the citation shall be given by personal communication, if possible, and by mailing a copy of the citation by registered mail addressed to each of the persons to whom the citation is directed at the address as shown on the records of the county assessor; otherwise, service of such citation shall be made as provided by the Colorado rules of civil procedure for the service of summons. Such citation shall also be posted in a public place in the county courthouse in the county in which said land is located. If such treatment is not commenced on or before three days or within such greater time as may be specified in such citation after the date of such personal communication, mailing, and posting or the service of notice as provided in this subsection (2), or if the treatment is not performed in the manner and to the extent specified in the citation and with due diligence, or if, prior to the expiration of the date fixed in said citation, the persons to whom said citation is directed advise the board that they do not intend to or cannot accomplish the work so directed, the board may cause such treatment to be performed in accordance with such citation.

(3) The provisions of this section shall not apply to any land less than one acre in area.

Source: L. 54, 2nd Ex. Sess.: p. 22, § 3. CRS 53: § 128-3-3. C.R.S. 1963: § 128-3-3. L. 65: p. 1060, § 1. L. 81: (1) and (2) amended, p. 1695, § 3, effective July 1. L. 83: Entire section amended, p. 1377, § 4, effective May 12. L. 2002: (1) amended, p. 516, § 9, effective July 1. L. 2014: (1) amended, (SB 14-052), ch. 43, p. 214, § 1, effective August 6. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 145, § 178, effective August 6.

ANNOTATION

Conditions of blowing soil subject to summary abatement as nuisance per se. Conditions of blowing soil allegedly existing on owner's land which are injurious to the public health and to adjacent property constitute a nuisance per se, and are subject to summary abatement. Oberst v. Mays, 148 Colo. 285, 365 P.2d 902 (1961).

Applied in Haas v. Lavin, 625 F.2d 1384 (10th Cir. 1980) (decided prior to the 1983 amendments to this article).