Aquifer overlay zone amendments out for final public comment

Commissioner Terri Jones labeled the amendments a ‘radical left’ plot to end private property; Commission Chair Pete Gosar reprimanded her for bringing such ‘nonsense’ to the commission.

A lengthy fight to establish more stringent protections for Laramie’s main source of drinking water might be nearing a conclusion.

The Albany County Commissioners have released proposed amendments to the county’s Aquifer Protection Overlay Zone regulations for a final round of public comment, and have scheduled themselves to vote on the matter in late February.

While those amendments are likely to pass with the support of Democratic Commissioners Pete Gosar and Sue Ibarra, divisions on the commission mirror the divisions in the community that have colored aquifer debates for more than a decade.

“This action is outside of the jurisdiction of the Albany County Commissioners and today what you're doing is a piece of a crusade against private property owners by robbing them of their capital under the guise of aquifer protection,” Republican Commissioner Terri Jones said during the commission’s Jan. 5 meeting. “You are taking their retirements, their college education and eldercare. This is part of the radical left’s crusade to rid our country with private property. Shame on both of you.” 

Jones’ comment prompted Commissioner Ibarra to ask Associate Planner Joe Wilmes if the amendments were indeed outside the commission’s jurisdiction.

“So, state and federal law expressly permits counties to implement groundwater protections through zoning enforcement mechanisms,” he said, adding the current amendments were further limited by lawsuits.

Jones continued to argue and interrupt, but Gosar cut her off.

“It's amazing to me that you would come and bring this nonsense to this commission,” he said.

The commissioners will take a final vote on the overlay zone amendments Feb. 21.

Why aquifer protection?

The Casper Aquifer rests beneath a large area east of Laramie and provides 55% of the city’s drinking water. The resource is vital to life in the Laramie area, and just how much protection that resource should have is, and has been, a matter of intense debate.

Most efforts falling under the banner of “aquifer protection” involve limiting what can be built or developed on the land above the aquifer. The land above the aquifer is known as the Aquifer Protection Overlay Zone, or APOZ.

In general, the aquifer is threatened by the possibility of nitrate and other contamination. The risk for such contamination is increased by development on the land above, but mitigated by the presence of satanka shale between the ground and the aquifer itself, and the use of septic systems to filter out nitrates.

There is a long-standing local debate about just how threatened the aquifer currently is, and that debate frequently falls along party lines. While Democrats argue the aquifer is in need of further protection, most Republicans say it’s already protected enough as it is and greater development on the land above should be allowed.

This partisan divide was evident in the 2022 race for Albany County Commission; Albany County voters filled the two open seats with one Democrat (Gosar, who was re-elected) and one Republican (Jones, who replaced fellow Republican Heber Richardson). The result was that the commission will remain in Democratic hands for at least another two years.

What’s in the new amendments?

Albany County’s official website lays out the justification for the newly proposed amendments.

“The principal reason for the adoption of the proposed amendments is to promote public health, safety, and welfare by further protecting the Casper Aquifer from contamination caused by development through the regulation of the location and use of buildings and structures and the use of lands within the area of unincorporated Albany County where the Casper Aquifer is vulnerable to contamination,” the website states.

It goes on to list the overlay zone regulation changes that will be implemented if commissioners approve the action next month.

“The proposed amendments to the APOZ Regulations:

• Further define the purpose and basis for the APOZ Regulations;

• Amend certain definitions specific to the APOZ Regulations;

• Amend procedures for the delineation and amendment of the APOZ boundary;

• Provide a minimum lot size of 35 acres and density of 1 dwelling per 35 acres for future APOZ development;

• Provide criteria for lessening on-site wastewater treatment system setbacks from vulnerable features;

• Amend requirements, standards, review, and exemptions for site specific investigations of APOZ properties;

• Provide procedures and requirements for modifying existing APOZ developments;

• Amend provisions for on-site wastewater treatment system design standards and inspections;

• Amend standards for nonconforming uses within the APOZ boundary; and

• Amend language throughout the APOZ Regulations for clarity.”

Commissioners will meet to vote on the amendments Feb. 21 at 6 p.m. in the Albany County Courthouse’s Circuit Courtroom. That meeting will start with a public hearing, during which county residents are free to offer comment.