HomeMy WebLinkAboutR21-027 Open Space Rules and Regulations DocuSign Envelope ID:8794D5AB-EA24-4042-99B7-A7E882EAD15E
Commissioner Chandler-Henry moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2021 - 027
RESOLUTION CREATING THE EAGLE COUNTY OPEN SPACE RULES AND
REGULATIONS
WHEREAS,the Eagle County Open Space Program was created to acquire and protect
outstanding natural lands, wildlife habitat, historic ranches and scenic areas; and
WHEREAS, since Eagle County created the Eagle County Open Space Program by
virtue of its voters approving the County Ballot Referendum 1H on November 5, 2002,Eagle
County has successfully acquired or protected 13,200 acres and manages approximately 3,000
acres of land that possess unique attributes including, but not limited to, significant wildlife
habitat, scenic qualities, opportunities for recreation and connections to adjacent public lands,
and preservation of ranching and agriculture in Eagle County; and
WHEREAS, Eagle County desires to continue to offer the lands it manages for its
constituents' and visitors' enjoyment(3,000 acres)while maintaining these important unique
attributes; and
WHEREAS, in order to do so, Eagle County believes that adoption of the Eagle County
Open Space Rules and Regulations, attached here as Exhibit A, will enable the Eagle County
Open Space Program to be successful in fulfilling the aforementioned desire; and
WHEREAS,the Board of County Commissioners("Board") desires to adopt the Eagle
County Open Space Rules and Regulations and is authorized to do so pursuant to C.R.S. §§ 29-
7-101(2)and 30-11-101(2), as amended.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT,the Board adopts the Eagle County Open Space Rules and Regulations attached
as Exhibit A; and
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THAT,the Board hereby finds, determines and declares that this Resolution is necessary
for the public health, safety and welfare of the residents of the County of Eagle, State of
Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado at its regular meeting held May 11th , 2021.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its Board of County Commissioners
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Commissioner McQueeney seconded adoption of the foregoing resolution.The question
having been called the vote was as follows:
Commissioner Scherr Aye
Commissioner Chandler-Henry Aye
Commissioner McQueeney Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the County of
Eagle, State of Colorado.
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EXHIBIT A
Eagle County Open Space Rules and Regulations
1. Intent: The rules and regulations included in this Resolution are intended to protect and
preserve natural resource values and ensure public safety at Open Space, as defined
below. The Board of County Commissioners of Eagle County, Colorado ("BoCC") intends,
by adopting this Resolution, that Open Space will be used by the public in a manner that
protects resources;that recognizes the rights, health, and safety of others in the community;
and that requires Users to be held liable for their actions that are considered violations
within the provisions of this Resolution.
2. Scope: These rules and regulations shall apply to all Open Space as defined herein.
Nothing contained herein limits or otherwise modifies rights reserved to the owner of fee
simple property subject to a conservation or public access easement held by Eagle County.
These rules and regulations shall in no way limit application and enforcement of any
Resolution, Ordinance, Applicable Conservation Easement, or any federal, state or local
law.
3. Violation: It shall be unlawful for any User to violate any provision of these rules and
regulations.
4. Definitions: As used in this Resolution the following terms shall have the following
meanings.
4.1. "Control" means supervision of, and influence over, any Pet Animal sufficient to prevent
the violation of any of the provisions of this Resolution.
4.2. "Demonstrable Control" means control of a Pet Animal by the physical presence of the
Owner so that such Pet Animal is controlled and obedient to a person competent to
restrain the Pet Animal by command, and the Owner demonstrates that control to any
person as requested, and prevents Unwanted Contact with other people or animals.
4.3. "Director" means Director of the Eagle County Open Space Department.
4.4. "Hunt" means to pursue, attract, stalk, lie in wait for, or attempt to shoot, wound, kill,
trap, capture, collect, or take wildlife. "Hunt" does not include stalking, attracting,
searching, or lying in wait for wildlife by an unarmed person solely for the purpose of
watching or taking photographs of wildlife.
4.5. "Livestock" means cattle, horses, mules, burros, sheep, poultry, swine, llama, goats,
and any other Animal, when used for working purposes or raised for food or fiber
production or hunting.
4.6. "Open Space" means any property or facilities owned, leased or otherwise managed,
operated, under permit, trail easement, leased by Eagle County, Colorado, or property
or facilities designated as open space by the BoCC. Open Space includes, but is not
limited to, trails, waters, buildings, structures, roads, parking lots, or facilities on such
lands.
4.7. "Pet Animal" means dogs, cats, rabbits, guinea pigs, hamsters, mice, rats, gerbils,
ferrets, birds,fish, reptiles, amphibians, and invertebrates, or any species of wild or
domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as
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a household pet, except Livestock or Feral Cats. "Pet Animal"does not include an
animal used for working purposes on a farm or ranch or a working dog in the process of
being worked.
4.8. "User" means any person on Open Space that uses it in any manner permitted by these
rules and regulations including, but not limited to, bicycling,jogging, walking, hunting,
equestrian, skiing, rafting, kayaking, and fishing.
5. Resource Protection:
5.1. Vandalism, property damage or removal of natural resources or facilities is prohibited
on any Open Space.
5.1.1. It shall be unlawful to alter, move, remove, damage, deface, mutilate or destroy
any structure, poster, sign, marker, kiosk, fence, gate, furniture, vegetation, rock, or
any object of scientific or historical value or interest.
5.1.2. It shall be unlawful to install or replace rock bolts or other fixtures, plant trees or
any other type of landscape material, alter, establish, or construct trails or other
facilities for public or private use without expressed written consent and permission
from the Director or his/her designee.
5.2. Any disposal, depositing or abandonment of trash, garbage, litter, waste paper, waste
food products, human or animal wastes, garden waste, landscape waste, toxic
materials, oil and other mechanical waste products, animal parts, fire ash or other
combustion byproducts, or other waste products on Open Space or other than in
designated containers and locations is prohibited.
5.3. Storage of private property and/or installation of items such as, but not limited to,
geocaches, rails, ramps,jumps, trailers without prior expressed written consent and
permission from the Director or his/her designee, is strictly prohibited.
5.4. Traveling off designated trails by bicycle or other mechanized means is prohibited at all
times.
6. Wildlife, Hunting, and Fishing:
6.1. It shall be unlawful for any User to feed, hunt, trap, pursue, molest, harass, bait, attract,
disturb or kill any wildlife at any time and under all circumstances, on any Open Space
with the exception of:
6.1.1. Designated areas where hunting is authorized by a site-specific management
plan approved by the BoCC. All hunting Users must be appropriately licensed
through Colorado Parks and Wildlife("CPW').
6.1.2. Written permission from the Director or his/her designee and approval from CPW
Wildlife Manager(s)for purposes of scientific studies, research, wildlife census,
education, or interpretation.
6.2. Fishing is allowed strictly in accordance with all applicable state and local regulations
except where otherwise posted and prohibited. All fishing users must be appropriately
licensed through CPW.
6.3. Shed hunting or the collection of animal antlers, horns, or other body parts is prohibited
on any Open Space with the exception of:
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6.3.1. Designated areas where shed hunting is authorized by a site-specific
management plan approved by the BoCC and during the State of Colorado's
allowed season for shed hunting from May 1st to December 31st.
6.3.2. Written permission from the Director or his/her designee and approval from CPW
Wildlife Manager(s)for purposes of scientific studies, research, wildlife census,
education, or interpretation.
7. Firearms, Weapons, and Fireworks:
7.1. It is unlawful to discharge firearms or projectile weapons on any Open Space unless
hunting or a specified allowable use is specifically authorized by the site management
plan and in accordance with other applicable laws. The intent is not to supersede
C.R.S. § 18-12-101 et seq.
7.2. Users crossing Open Space to an approved and legal hunting area must travel with
firearms completely unloaded and/or arrows not be nocked unless hunting is allowed on
Open Space.
8. Hours of Operation:
8.1. Open Space is open from sunrise to sunset with the exception of areas designated for
camping or posted otherwise. Further exceptions are only given by special use permits or
expressed written consent and permission from the Director or his/her designee.
9. Commercial Use/Special Events and Programming:
9.1. Commercial activities on Open Space, without expressed written consent and
permission from the Director or his/her designee or commercial activity permit, are
strictly prohibited. All approved activity is subject to the Commercial Activity Rule
attached hereto and incorporated herein as Attachment A, as amended from time to
time. For purposes of these rules and regulations, commercial activities are defined as
activities that provide any service or product including, but not limited to, guiding,
training, photography, instructing, outfitting, or any event for which a fee is charged.
9.2 It shall be unlawful to hold any public or private organized activity or event, including
but not limited to races, tours, parties, programs, and/or activities without expressed
written consent and permission from the Director or his/her designee or Special Event
and Program permit. Permit processes and requirements are set forth in the Special
Events and Program Rule attached hereto and incorporated herein as Attachment B, as
amended from time to time.
10. Pet Animals/Livestock:
10.1. Pet Animals
10.1.1. Pet Animals must be physically leashed using a leash at all times unless
otherwise posted or designated on the Animal Control Map pursuant to Eagle
County's Resolution Concerning the Control, Licensing, Impoundment and
Disposition of Animals, as amended from time to time.
10.1.2. It shall be unlawful, considered a failure to Control a Pet Animal when such Pet
Animal is not under Demonstrable Control in areas not requiring a leash.
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10.1.3.A single person may walk no more than three Pet Animals.
10.1.4. Users shall pick up Pet Animal waste immediately and either carry it until off
Open Space or dispose of it in a trash receptacle on Open Space. Users leaving
the scene of Pet Animal waste is considered a failure to remove such waste and is
prohibited.
10.1.5. It shall be unlawful to fail to Control any Pet Animal so as to prevent such animal
from running after, chasing, pursuing, biting, attacking, or in any other way
threatening Livestock or wildlife on Open Space.
10.1.6.Users shall not leave Pet Animals unattended on Open Space.
10.2. Livestock
10.2.1. Livestock are prohibited on Open Space except horses and pack animals such
as llamas, burros and the like on specified trails and/or areas used for the purpose
of recreation or use identified in a management plan, or where specifically
permitted pursuant to an agricultural lease, or for land management purposes
authorized by the BoCC. Such animals must be under Control at all times.
10.2.2. It is unlawful for any user or to pursue, molest, harass, disturb or kill Livestock on
Open Space.
11. Closed Areas:
11.1. It shall be unlawful for any unauthorized User or his/her Pet Animal(s)to enter,
use, occupy any closed (including seasonal closures)Open Space, or any seasonally
closed facility,trail, or any portion thereof, during the time such Open Space, or any
portion thereof, is closed to entry, use or occupancy.
11.1.1.The Director or his/her designee, in the exercise of full discretion, may determine
at any time that a portion or all of any Open Space shall be temporarily or
seasonally closed to the public and/or Pet Animals based upon, but not limited to,
any of the following grounds, such as: wildlife, natural resource, historic resource,
or vegetation protection concerns, management actions, contractual agreements,
protection of the public health, safety, and welfare, and natural disasters.
11.2. The BoCC, in its own discretion, may designate Open Space closures of a
temporary, permanent, or indefinite nature.
12. Camping /Fires:
12.1. Camping is permitted on Open Space only at designated campsites.
12.2. Fires are permitted on Open Space only at designated campsites or where
explicitly permitted by applicable management plan. Fires may occur for maintenance
and land management purposes as authorized by the Director or his/her designee
including, but not limited to, irrigation ditch maintenance, vegetation and noxious Weed'. -
management, and prescribed fires.
12.2.1.Campfires are permitted on Open Space only at designated campsites.
Campfires must be kept within installed fire rings or firepans(see 12.2.2). It is
unlawful to burn campfires during any applicable fire restriction.
12.2.2. Firepans may be used at designated campsites only if a metal fire ring is not
present. The firepan must be a minimum 12 x 12 x 3 inches and 4 inches off the
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ground. Users shall possess an accompanying fire blanket approximately 60 x 72
inches. Users shall carry out all ash and fire residue when using a firepan.
12.3. Users may stay at an Open Space designated campsite for a maximum of three
(3) days within a fifteen (15) day period unless such designated campsite is posted
otherwise.
12.4. Users must comply with any site specific regulatory signage and booking
requirements.
12.5. All Users at Open Space, including designated campsites, must pack out all
refuse. Solid human waste must be removed using a portable toilet system capable of
transporting human waste. Contents of the portable toilet system must be emptied in
compliance with federal, state and local laws. It is unlawful to leave human waste on
lands or in waters on Open Space.
13. Road and Trail Use:
13.1. Unless otherwise posted, equestrians have the right of way in all circumstances
in mixed use areas (i.e. horses, bicycles and pedestrians). All traffic shall yield to
equestrians. Bicycle or other wheeled traffic shall yield to pedestrians. Pedestrians and
bikers moving downhill must yield to pedestrians and bikers moving uphill. Yielding the
right-of way requires slowing down to a safe speed, being prepared to stop, establishing
communication, and passing safely.
13.2. The Director or his/her designee may institute restrictions on specific trails or
other Open Space areas when such restrictions are necessary for resource protection
or safety related issues.
13.3. Users must utilize designated river access points if a trail system designates
such points.
13.4. It shall be unlawful to exceed the speed of twenty (20) miles per hour, or as
otherwise posted, on all roadways and parking areas on any Open Space.
14.Vehicle, Motorized, and Equestrian Activity:
14.1. It shall be unlawful to operate any motorized vehicle on Open Space, except on
designated trails, roadways, and parking lots allowing their use. Emergency,
maintenance, and patrol vehicles are specifically excluded from this prohibition.
14.2. Launching of motorized watercraft is prohibited at Open Space sites unless
posted.
14.3. It shall be unlawful to park motorized or mechanized vehicles or trailers where
prohibited or on Open Space not designated or established for such parking.
14.4. Electronic motorized devices and modes of transportation are prohibited on Open
•
Space unless expressly approved in an associated management plan or otherwise
posted except for mobility devices by persons with mobility impairments used for •
accessing Open Space. Prohibited devices include, but are not limited to electronically
powered: bikes (E-bikes); scooters; motorcycles; and all-terrain or off highway vehicles.
14.5. Equestrian activity is permitted only on those routes officially designated and
signed to permit such use. Horse traffic is restricted to walk or trot speeds. Use of
buggies, carts, or other horse-drawn vehicles is prohibited on all trails.
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15. Miscellaneous Prohibited Activities:
15.1. It shall be unlawful to violate any posted regulatory signage including, but not
limited to signage posted at parking lots, trails, and kiosks.
15.2. If Open Space, such as campsites or day use parking lots, requires a permit,fee,
or reservation, it must be paid and processed as applicable before occupying the Open
Space It is unlawful to park, camp, or occupy a permitted or fee area without paying an
associated fee, and/or possessing the appropriate permit or reservation.
15.3. It shall be unlawful to launch any watercraft on any Open Space, except at
designated launch areas.
15.4. Weddings or private parties are not permitted on Open Space
15.5. Occupying a recreation site on Open Space for other than primarily recreational
purposes is prohibited.
15.6. It shall be unlawful to launch or operate any motor or non-motorized aircraft on or
from Open Space without expressed written consent and permission from the Director
or his/her designee. Such aircraft may be, but are not limited to: aerial drones; hang-
gliders; model airplanes; gliders; parachutes; paragliders; or balloons.
15.7. It shall be unlawful for anyone to possess or discharge any type of fireworks or •
model rockets on Open Space.
15.8. It shall be unlawful to golf or hit golf balls on or onto any Open Space.
16. Disorderly Conduct:
16.1. It shall be unlawful for any person to engage in disorderly conduct or any activity
within Open Space which interferes with the health, safety and welfare of users or
neighbors in the area.
17. Interference:
17.1. It shall be unlawful to interfere or attempt to interfere with any Eagle County staff who is
acting in the performance of their duties on Open Space or to give false or misleading
information with the intent to mislead said person in the performance of their duties.
18. Exceptions to the Rules and Regulations:
18.1. Exceptions to these rules and regulations may be granted by the Director or his/her
designee for activities that involve the management, maintenance, or protection of Open Space,
provided these activities are undertaken or overseen by the Director or his/her designee.
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19. Enforcement:
19.1. Violation of any rule or regulation shall be a class 2 petty offense as provided for
in C.R.S. § 29-7-101(2)and 30-11-101(2), as amended, and punishable by fine or as
otherwise provided by law. Any person who violates any of these rules and regulations
may be expelled or barred from Open Space areas.
19.2. Eagle County Open Space Department staff designated by the BoCC as allowed
by C.R.S. §29-7-101(3), Eagle County Sheriff, Undersheriff, and Deputies may follow
the penalty assessment procedure provided in C.R.S. § 16-2-201 for any violation of
these rules and regulations, or may enforce the provisions of this Resolution by filing
and service of summons and complaint in accordance with county court procedures. A
penalty assessment notice may be placed on an unattended vehicle that is parked in
apparent violation of these rules and regulations. A penalty assessment notice placed
on a vehicle shall contain the license plate number and state of registration of the
vehicle in lieu of the identification of the offender. In the event the penalty assessment
procedure is followed, the penalty shall be the as set forth in Section 20 of this
Resolution.
19.3. In the event of any activity in violation of these rules and regulations, the County
Attorney, in addition to other remedies provided by law or specified herein, may institute
an injunction, mandamus, abatement, or other appropriate action or proceeding to
prevent, enjoin, or abate any unlawful activity, or to remove any improvements on
construction resulting from such unlawful activity. In the event that such unlawful activity
has damaged any county property, the violator shall be liable for any damage to county
property resulting from any such unlawful activity, including, but not limited to,
compensation for staff, or contractor, time and for use of county, or contractor,
equipment to repair such damage. Any civil action or proceeding can include a claim to
recover all such money damages.
20. Schedule of Fines:
20.1. Any violation of these rules and regulations shall constitute a class 2 petty
offense and punishable by the following fine schedule:
$150.00 for the first offense
$200.00 for the second offense
$300.00 for the third or further offense plus a mandatory court summons
20.2 The fines, in the amounts prescribed in section 20.1, shall apply to any such violation
of this Resolution, and shall be applied either through the penalty assessment
,,. procedure of C.R.S § 16-2-201, or by the court after conviction, in which case the court
shall also assess the appropriate court costs.
21. Disposition of Fines:
All fines and forfeitures for the violation of this Resolution and these rules and
regulations, and all monies collected by the court for the violation thereof shall be paid to
the Eagle County Treasurer's Office and be transferred to the Open Space Fund.
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22. Incorporation and Severability:
If any provisions of this Resolution or the application thereof to any party or
circumstance shall to any extent be invalid or unenforceable the remainder of this
Resolution and the application of such provision to parties or circumstances other than
those to which it is invalid or unenforceable shall not be affected thereby and each
provision of this Resolution shall be valid and be enforced to the fullest extent permitted
by law.
23. Title:
This Resolution shall be known as the Eagle County Open Space Rules and
Regulations Resolution of 2021.
24. Effective Date:
All provisions of this Resolution shall be effective upon its execution by the Board of
County Commissioners for Eagle County, Colorado.
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ATTACHMENT A
Eagle County Open Space Commercial Activity Rule
1. Intent: Eagle County creates this rule to establish an equitable process for Users to request and
the County to approve Commercial Activity use on Open Space as defined herein. The rule
provides a process for Users to obtain permission to conduct Commercial Activity on Open
Space so long as such use will not conflict with the public's use of Open Space; is not
prohibited by conservation easement or management plan; or does not devalue or diminish the
conservation values of Open Space. Commercial Activities will not take precedence over the
enjoyment of Open Space by Eagle County's residents and visitors. If a Commercial Operator
chooses to avail itself of using Open Space in compliance with this rule, it must conduct its use
in a manner that protects natural resources, recognizes recreational and educational
opportunities, and celebrates conserved lands in Eagle County.
2. Scope: This rule shall apply to all Commercial Activity held on Open Space as defined herein.
The scope of these rules do not apply to any Special Events or Programs as defined below or
as stated in the Special Event and Programming Rule. For Users that wish to conduct
Commercial Activities in addition to Special Events and Programs, such Users may need to
obtain permits for both the Commercial Activity and Special Event or Program.The Commercial
Activity rule and permitting procedures contained herein may be changed, updated, or modified
at any time by Eagle County.
3. Violation: Violations of the Commercial Activity Rule shall be subject to Eagle County Open
Space Rules and Regulations 9.1 which states Commercial Activities on Open Space, without
the prior, express written consent and permission from the Director or his/her Designee or
commercial activity permit, are strictly prohibited. The Commercial Activity Rule is incorporated
by reference into the Eagle County Open Space Rules and Regulations and sections 19.1, 19.2,
and 19.3 and dictates enforcement and fees for violations that may be assessed in accordance
with Eagle County Open Space Rules and Regulations, and dictates enforcement and fees for
violations that may be assessed in accordance with Eagle County Open Space Rules and
Regulations section 20. Additionally, violations of Eagle County Open Space Rules and
Regulations, documented complaints, damages to natural resources by Commercial Users,
and/or violations any conditions or terms of the applicable Commercial Activity permit will be
considered during the application process for subsequent years and may result in the denial or
limitation of Commercial Activities on Open Space.
3.1. Appeals: Revocation or temporary suspension of Commercial Activity permits
may be appealed by Commercial Operators by submitting a formal letter of
appeal with five (5) days of formal acknowledgement of revocation or
suspension. Appeal review will be a staff level review and may require additional
resources and/or documentation by the Commercial Operator.
During the term of any permit suspension, the Commercial Operator shall not
conduct any operations. Staff also has the ability to issue a notice to correct any
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continuing violation in lieu of a suspension or revocation. Commercial Operators
will comply with notices to correct issued by staff within ten (10) days of receipt of
notification. Failure to timely correct such violations is grounds for immediate
suspension or revocation.
Any staff decision regarding an application, permit renewal application,
suspension or revocation shall be in writing specifying the reasons for the
decision. Within ten (10) days of a decision, the applicant or permit holder may
request that staff reconsider its decision by submitting a letter to Eagle County
clearly stating the grounds for the request. In response, the Director may deny
the request or issue a revised decision.
The decision of the Director under this Rule shall constitute a final administrative
officer or agency decision appealable to the Eagle County Board of County
Commissioners. No additional hearing or appeal rights shall be provided to
applicants under this Rule. At all times, the permit holder or applicant bears the
burden of proving it has not committed a violation or is qualified to hold a permit
by a preponderance of the evidence standard. If an appeal is filed, the Director's
decision shall be stayed until such appeal is finally resolved by the Board.
4. Definitions:
4.1. "Commercial Activities"are defined as activities that provide any service or
product including, but not limited to, guiding, training, photography, instructing,
outfitting, or any service for which a fee is charged. Programs and Special Events
as defined in 4.7 and 4.8 herein do not require a Commercial Activity Permit.
4.2. "Commercial Operator" is a person or entity who facilitates an exchange of
money for goods or services rendered on Eagle County Open Space or by
access facilitated by Eagle County Open Space properties.
4.3. "Commercial User" is any person on Open Space who paid a fee to a permitted
Commercial Operator or staff of a permitted Commercial Operator that uses
Open Space in any manner permitted by rules including, but not limited to,
bicycling,jogging, walking, equestrian, skiing, rafting, kayaking, hunting, and
fishing
4.4. "Designee" is an Eagle County Open Space Department staff member
designated by the"Director"and/or BoCC.
4.5. "Director" is the Director of the Eagle County Open Space Department
4.6. "Open Space" means any property or facilities owned, leased or otherwise
managed, operated, under permit, trail easement, leased, or designated as Open
Space by the Eagle County Board of County Commissioners including, but not
limited to, trails, waters, buildings, structures, roads, parking lots, or facilities on
such lands by Eagle County, Colorado.
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4.7. "Program" means an educational program that is curriculum driven and generally
supports the mission of Eagle County Open Space. Programs have 25 or fewer
participants.
4.7.1. Educational programs that fit the definition of a"program" but exceed 25
participants may be permitted on a case by case basis.
4.8. "Special Event" means a community event that requires a larger amount of
oversight from Eagle County Open Space staff for which a fee may be charged.
Special Events are events that exceed 25 participants.
4.9. "User"is any person on Open Space that uses it in any manner permitted by rules
including, but not limited to, bicycling,jogging, walking, equestrian, skiing, rafting,
kayaking, hunting, and fishing.
5. Commercial Use Permitting Procedure: The procedure outlined below is intended to inform the
written consent and/or permit process for Commercial Activities for all Open Space.
5.1. Applicants must fill out an online Application: Application is available online here.
(Appendix A) or contact the Eagle County Open Space Department to facilitate
completion of such form.
5.2. All Commercial Operators must submit an application annually to Eagle County
Open Space on or before March 15th for the year the Commercial Activity will
take place.
5.3. Commercial Activity applications must be signed by an authorized agent of the
Commercial Operator.
5.4. A Commercial Activity Application must include, but is not limited to, the following
components:
5.4.1. Operating Plan that includes the following: Proposed activity description;
anticipated number of users and size of groups; specific dates, timing, or
frequency of proposed activities; client safety plan; natural resource
protection plan; and parking plan.
5.4.2. Maps of where the proposed activities will occur on Open Space.
5.4.3. Signed Stewardship Affidavit(Appendix B).
5.4.4. Outfitter License(if applicable).
5.4.5. Application Fee in accordance with the fee schedule.
5.5. Approval/Denial: Eagle County will provide Commercial Operators a "permit"
(Appendix C)for the proposed activities if its review determines the proposed
activities to be in accordance with property specific conservation easements,
management plans, and/or standards that do not diminish the conservation
values and public benefits of Open Space, as determined by Eagle County staff.
Eagle County reserves the right to establish capacity limits, designated areas, or
implement other management actions that may limit Commercial Activities to
enhance and protect Eagle County Open Space properties.Within fourteen (14)
days of permit issuance, the Commercial Outfitter shall provide a Certificate of
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Insurance listing Eagle County, Colorado as additionally insured in accordance
with the insurance requirements found in Appendix E.
5.5.1. Transfers: Permits for Commercial Activity are non-transferable and are
intended for a specific use(s) by a specific Commercial Operator. If a
Commercial Operator transfers ownership of a business or organization
that is permitted for Commercial Activity on Open Space, the new
Commercial Operator will have thirty (30) days to submit a new
Commercial Activity Application if they intend to operate Commercial
Activities on Open Space.
5.6. End of season reporting: All permitted Commercial Operators on Eagle County
Open Space will report the total number of Users and total gross receipts from
Commercial Activities generated on Open Space properties on or by February
15th for the preceding permit season (Appendix D). Non-compliance with end of
season reporting may be cause for denial of Commercial Activity application in
subsequent years.
5.7. Renewal: Applications for Commercial Activity on Open Space are required
annually.
5.8. Review standards:
Eagle County will annually review the Commercial Operator for compliance with
permitting requirements, specific Open Space property rules and regulations, and
other criteria as deemed necessary. Eagle County reserves the right to suspend
or deny approval for Commercial Activities due to non-compliance with
Commercial Activities permit conditions and/or repeated violations of rules and
regulations.
5.9. Fee schedule: In order to recover administrative and management costs,Eagle
County developed a fee schedule for reviewing Commercial Activity Permit
Applications. Eagle County reserves the right to modify or alter the fee schedule
at any time, in its sole discretion. Commercial Activity Application Fees are due
upon issuance of permit.
Commercial Activity Application $150.00
Fee (tentatively beginning in 2022)
5.9.1. Staff developed the Fee schedule based upon estimated application
review time, program oversight and program implementation and are
intended to cover the administrative costs of overseeing and
implementing the Commercial Use policy on Open Space.
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5.9.2. Application fees shall be paid to the Eagle County Treasurer's Office and
be transferred to the Open Space Fund.
6. Exceptions and clarifications:
6.1. Organized group activities hosted by registered 501(c)(3) organizations or local
governments including Programs and Special Events that are not Commercial
Activities, and have received approval for a Special Event or Program from Eagle
County are not subject to the Eagle County Commercial Activity Rule.
6.2. Commercial Activities where Eagle County is the primary sponsor or host are
exempt from the application fee.
6.3. If a registered 501(c)3 organization operates a "fee for service" model where it
collects registration fees or charges a fee for Special Events or Programs,
additional permits may be needed.
6.4. Eagle County desires to provide consistent access to Open Space for all of its
Users, including its residents, visitors as well as Commercial Operators where
deemed appropriate. Should conflicts arise, Commercial Operators shall be
prepared to work with Open Space to mitigate the conflict.
7. Refunds: Commercial Activities application fees are non-refundable.
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Appendix A
Commercial Activity Application
Online here: https:l/forms.gleNHmFa3746LXi9s7y6
(draft)
Contact person (Authorized Agent):
Business Name:
Applicant/business address:
Phone Number- Business: Contact cell phone: •
Email: Website:
Please select the Open Space property where you would like to operate Commercial Activities
Please note unlisted trails, properties, or access points are either closed to Commercial
Activities or not within Eagle County Open Space's jurisdiction. Please contact the Open Space
department if you have questions about individual properties.
Operating Plan:(Please upload your current operating plan here or provide a brief summary of
proposed Commercial Activities on Open Space including but not limited to: Overview of
Commercial Activities to take place on Open Space, estimated of number of users annually on
Open Space, group sizes, specific dates and/or times and frequency of use, plans addressing
client safety and natural resource protection, and a parking plan).
Maps: (Please upload maps of where your proposed commercial activity will take place- If you
are proposing to only use the boat ramps at the selected properties, you may skip this section.)
Special Events/Programs: Do you intend to host Special Events or Programs on Open Space?
Separate written permission may be needed. Y/N
By submitting this application the contact person and Commercial Operator listed above hereby
agrees to abide by all posted rules and regulations on site as well as rules and regulations that
are presented in the Eagle County Open Space Rules and Regulations. Violations of Eagle
County Open Space Rules and Regulations may result in revocation of the issued permit and/or
denial of future Commercial Activity permits.
By submitting this application, I acknowledge that if a Commercial Activity permit or written
permission is granted, I will be required to maintain adequate records and report annually, to
Eagle County, the number of users on Eagle County Open Space associated with the proposed
Commercial Activity as well as the total amount of gross receipts generated on Open Space by
Commercial Activities as permitted by the Commercial Activity permit.
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By submitting this application, I acknowledge that if Eagle County issues a Commercial Activity
permit to me, I will provide to Eagle County a current Certificate of Insurance naming Eagle
County Government as additionally insured.
By submitting the application, I acknowledge that if a permit is granted, all users associated with
the Commercial Activity proposed herein are aware of, and will abide by the Eagle County Open
Space Rules and Regulations, included but not limited to resource protection, operating hours,
and any and all conditions stated in the permit.
Additionally, I certify that I have read and understand the Eagle County Open Space
Stewardship Agreement for Commercial Activities and understand that documented violations of
the stewardship agreement may result in revocation of the issued permit and/or denial of future
Commercial Activity permits.
I hereby certify that I am of legal age and am authorized to do business in the State of Colorado.
I have personally examined the information contained in this application and certify that this
information is correct to the best of my knowledge. I hereby acknowledge that this is an
application only, and that the use and occupancy of Open Space is not authorized until a
Commercial Activity permit or written permission is signed and issued by an authorized officer.
/ /
Applicant Date
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Appendix B
Eagle County Open Space Commercial Operator Stewardship Agreement
Eagle County Government acquires and manages properties based on the Open Space
Conservation Criteria as provided in Eagle County Resolutions 2004-015 and 2003-97, establishing
the Eagle County Open Space fund. All Commercial Activities undertaken on Open Space recognize
the values inherent in these Conservation Criteria and Commercial Operators understand their
operations must not conflict with any stated purposes for acquiring and preserving Open Space and
any and all posted rules and regulations, not limited to the rules and regulations listed in the Eagle
County Open Space Rules and Regulations.Additionally, it is Eagle County's goal for all Commercial
Activities, including guests and staff, to follow Leave No Trace principles including, but not limited to
the removal of human waste, natural resource protections (including wildlife), and the consideration
of other users. By checking the box below, the Commercial Operator named on this application
pledges to conduct its operations and educate staff and clientele in a way that: protects Eagle
County's natural resources; prevents and/or attempts to prevent conflicts between other commercial
users and/or the public enjoyment of Open Space; and follows Leave No Trace principles.
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Appendix C
Eagle County Open Space Commercial Activity Permit(draft)
/ /_, 20_
RE: 20 Commercial Activity Authorization
Dear:
This letter is intended to serve as authorization for the conditional use of Open Space for
Commercial Activities for 20_ by (Commercial Operator). This authorization is required by the
Eagle County Open Space Rules and Regulations Resolution. All conditions, rules and
regulations, and additional agreements are stated in the Commercial Activity application, which
was signed by on behalf of on
Eagle County will require annual reports of Commercial User numbers on Open Space as well
as the total amount of gross receipts generated on Open Space by Commercial Activities
allowed under this permit. The log formats have been provided. Completed log forms can be
submitted by email, mail or in person either monthly or annually. All reports for 20 are due by
February 15th, 20 ,
Authorized Use: is authorized to use Open Space , easements and river
access areas, including boat launches, in 2021 for Commercial Activities as submitted to Eagle
County by the applicant on_/_/ . The authorized use includes:
Failure to comply with the above requirements or any Eagle County Open Space Rules and
Regulations may result in the revocation of this authorization, fines, or other legal actions. Any
violation of Eagle County Open Space Rules and Regulations contained within this permit or
any established conditions of Commercial Activity may be taken into consideration when
reviewing subsequent applications for commercial use and may result in the denial or limited
use of Open Space for commercial activities.
Eagle County staff appreciates your efforts to be a good steward of Open Space.
Please contact me with any questions, comments, or concerns.
Sincerely,
Peter Suneson
Outreach &Education Specialist
Eagle County Open Space
(o) 970-328-8637
(c) 970-401-1054
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Appendix D
Eagle County Open Space Commercial Use Log
(example)
Commercial Operator: Date Submitted: I_I_
Date Location Use/Activi #of users served notes Revenue
ty generated
1/1/20 Eagle Guided fly 4 $400.00
River fishing
Preserve
6/1/20 Two rafting 8 Parking full at $250.00 •
Bridges 8am
•
Gross receipts generated on Open Space during permit year 20_$
By signing below, I acknowledge that the number of users and total revenue generated via trips
on Open Space associated with permitted commercial activities is represented accurately to the
best of my knowledge.
Signed Date
Business name:
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Appendix E
Insurance Requirements
Insurance. Commercial Operator agrees to provide a Certificate of Insurance evidencing the
following and maintain at Commercial Operator's sole cost and expense, the following insurance
coverage with limits of liability not less than those stated below:
a. Types of Insurance.
Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each
accident combined bodily injury and property damage liability insurance, including coverage for
owned, hired, and non-owned vehicles.
iii. Commercial General Liability coverage to include premises and
operations, personal/advertising injury, products/completed operations, broad form property
damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000
aggregate limits.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be
endorsed to include Eagle County Government, its associated or affiliated entities, its
successors and assigns, elected officials, employees, agents and volunteers as additional
insureds.
ii. Commercial Outfitter's certificates of insurance shall include
subcontractors, if any as additional insureds under its policies or Commercial Outfitter shall
furnish to Eagle County Governmentseparate certificates and endorsements for each
subcontractor.
iii. The parties hereto understand and agree that Eagle County
Government is relying on, and does not waive or intend to waive, the monetary limitations or
rights, immunities and protections provided by the Colorado Governmental Immunity Act, as
from time to time amended, or otherwise available to Eagle County Government, its affiliated
entities, successors or assigns, its elected officials, employees, agents and volunteers.
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ATTACHMENT B
Eagle County Open Space Special Event and Program Rule
1. Intent: Eagle County creates this rule to establish an equitable process for Users to request and
the County to approve Special Events and Programs on Open Space as defined herein. The
rule provides a process for Users to obtain permission to conduct Special Events and
Programming on Open Space that will not devalue,or diminish the conservation values of Open
Space. Open Space desires that these rules enable the public and partnering agencies, non-
profits, and municipalities to use Open Space in a manner that protects natural resources,
provides educational opportunities, and highlights Eagle County's conserved landscapes.
2. Scope: The rule and processes shall apply to all Special Events and Programs held on Open
Space as defined herein.The scope of the rules and processes defined below do not apply to
any Commercial Activities as defined herein and as stated in the Commercial Activity Rule.
Programs and events that include commercial activities may require a separate Commercial
Activity permit or expressed written consent and permission from the Director or his/her
designee. Nothing included in these rules are intended to supersede special event provisions as
listed in the Eagle County Land Use Code. The Special Event and Programming rule and
permitting procedures contained herein may be changed, updated, or modified at any time by
Eagle County.
3. Violation: Violations of the Special Event and Program Rule shall be subject to Eagle County
Open Space Rules and Regulations 9.2 which states it shall be unlawful to hold any public or
private organized activity or event, including but not limited to races, tours, weddings, parties,
programs, and/or activities without a special event and program permit or expressed written
consent and permission from the Director or his/her designee. The Special Event and
Programming Rule is incorporated by reference into the Eagle County Open Space Rules and
Regulations sections 19.1, 19.2, and 19.3, and dictates enforcement and fees for violations that
may be assessed in accordance with Eagle County Open Space Rules and Regulations section
20.
4. Definitions:
4.1. "Commercial Activities" are defined as activities that provide any service or
product including, but not limited to, guiding, training, photography, instructing,
outfitting, or any service for which a fee is charged. Programs and Special Events
as defined in 4.7 and 4.8 herein do not require a Commercial Activity Permit.
4.2. "Commercial Operator" is a person or entity who facilitates an exchange of
money for goods or services rendered on Eagle County Open Space or by
access facilitated by Eagle County Open Space properties.
4.3. "Commercial User" is any person on Open Space who paid a fee to a permitted
Commercial Operator or staff of a permitted Commercial Operator that uses
Open Space in any manner permitted by rules including, but not limited to,
bicycling,jogging, walking, equestrian, skiing, rafting, kayaking, hunting, and
fishing
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4.4. "Designee" is an Eagle County Open Space Department staff member
designated by the"Director"and/or BoCC.
4.5. "Director" is the Director of the Eagle County Open Space Department
4.6. "Open Space" means any property or facilities owned, leased or otherwise
managed, operated, under permit, trail easement, leased, or designated as Open
Space by the Eagle County Board of County Commissioners including, but not
limited to, trails, waters, buildings, structures, roads, parking lots, or facilities on
such lands by Eagle County, Colorado.
4.7. "Program" means an educational program that is curriculum driven and generally
supports the mission of Eagle County Open Space. Programs have 25 or fewer
participants.
4.7.1. Educational programs that fit the definition of a "program" but
exceed 25 participants may be permitted on a case by case basis.
4.8. "Special Event" means a community event that requires a larger amount of
oversight from Eagle County Open Space staff for which a fee may be charged.
Special Events are events that exceed 25 participants.
4.9. "User" is any person on Open Space that uses it in any manner permitted by
rules including, but not limited to, bicycling,jogging, walking, equestrian, skiing,
rafting, kayaking, hunting, and fishing.
5. Special Event and Program Procedure:
The procedure outlined below is intended to inform the written approval and/or
permitting process for Special Events and Programs for all Open Space.
5.1. Applicants must fill out an online Special Event and Program request form or
contact the Eagle County Open Space Department to facilitate completion of
such form (Appendix A).
5.2. Eagle County must receive Special Event requests no less than 60 days prior to
the proposed Special Event. In its sole discretion, Eagle County staff may accept
such requests closer to the event or program date.
5.3. Eagle County must receive Programming requests no less than 14 days prior to
the proposed Program. In its sole discretion, Eagle County staff may accept such
requests closer to the event or program date.
5.4. Required documentation for Special Events and Programs may include:
organizer contact information, overview of proposal, safety plan, parking plan,
other required permits or licenses, and certificate of insurance.
5.5. Eagle County staff will conduct an initial review to determine consistency with
any property management plan and conservation easement using the proposed
Program or Event rubric(Appendix C).
5.6. If County staff determines, through the initial review, that the Special Event or
Program does not negatively affect conservation values, operating or
management plans, or other criteria the County deems necessary, the Special
Event or Program or proposal will proceed and the County may charge
applicable fees in accordance with the fee schedule.
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5.7. Eagle County will communicate with the conservation easement holder or other
parties as required in property specific management plans to obtain support if
necessary. Staff will obtain a formal letter of approval from the conservation
easement holder, if necessary.
5.8. Staff will direct applicants to other parties to obtain support, if necessary. This
may include adjacent landowners, known parties, and other partner
organizations. It may be necessary for the applicant to show support from
identified interests.
5.9. Staff will review comments from other parties if required by property specific
management plans.
5.10. Staff will provide an approval or denial communicated to the applicant. The
approval will be in the form of a permit (Appendix B). Approval may be
contingent on notifying emergency services, food/vendor/liquor license
requirements, parking plans, and safety elements.
5.11. If approved, Staff will add the Special Event or Program to Open Space
Programming and Events Calendar.
5.12. After the Special Event or Program, the organizer shall provide the participant
numbers to staff.
5.13. Eagle County completes an evaluation after the Special Event or Program
(Appendix D).
6. Fee Schedule: In order to recover administrative and management costs, Eagle County has
developed a fee schedule for Special Events and Programs. Eagle County reserves the right to
modify or alter the fee schedule at any time, in its sole discretion.
Special Events 26-100 participants 101-250 participants 250+ participants
Application Fee $100.00 $150.00 $200.00
Programs 0-25 annual programs 25+ annual programs
Annual Fee 0$ $100.00
6.1. Exceptions. Eagle County Open Space reserves the right to waive or modify
application fees for specific Special Events and Programs in its sole discretion.
Registered 501 c(3) organizations, school groups, metro districts, and local
government agencies may request a fee waiver by submitting a request in writing
to the Open Space department.. Any Special Event or Program where Eagle
County is the primary organizer is exempt from fees.
6.2. If a registered 501(c)(3) organization operates Special Events or Programs using
a "fee for service" model where it collects registration fees or charges a fee for
such Special Events or Programs additional permits may be required as
documented in the Commercial Activity rule
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6.3. Payment for Special Events is due upon issuance of permit. Annual payments for
Programs are due prior to hosting and/or scheduling the 25th annual program.
7. Cancellation Policy: Organizers should communicate Special Event and Program cancellations
to Open Space staff as soon as possible. Refunds may be given for Special Events that are
cancelled at least two weeks prior to the scheduled date.
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Appendix A
Program and Special Event Application
Online: https://forms.ole/C99Kuergs4pvarXc9
(Draft)
Contact Person: Email: Phone:
Host organization (organizer):
Special Event or Program Overview: (Please briefly describe the program you are interested in
hosting at the Open Space . Please include •
whether your proposal fits the definition of a "Special Event"or"Program').
Proposed Date:
Proposed Time: to
(start and end)
Any specific scheduling considerations?:
(is this a series, do you have back up dates, etc...)
Total number of participants:
(include staff)
Is there a cost to attend this program or event?Y/N
(circle one)
Please briefly describe the safety plan in the event of an emergency during the event/program:
What is the parking plan for participants?
Please describe any potential impacts to vegetation and wildlife from your proposal, and what
will be done to minimize the impacts.
Please describe any potential impacts to adjacent landowners, and what will be done to
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minimize impacts.
Access to and enjoyment of Open Space property by the general public must be maintained
during the approved Special Event or Program. Please comment on the extent to which the
proposal would interfere with, compromise, or diminish the ability for others to use the property.
Please comment on the consistency of your proposal with the vision of passive recreation and
educational opportunities on Eagle County Open Space.
Cancellation Policy: Special Events or Programs may not be conducted if severe weather
renders trails or open space susceptible to significant natural resource damage. Eagle County
Open Space reserves the right, in their sole discretion to cancel programs to protect natural
resources. In these situations, Open Space will attempt to work with organizers to reschedule or
move the event. If a suitable alternative can not be reached, the application fee may be
refunded. Organizers who wish to cancel an event or program for any reason are asked to
contact Open Space as soon as possible. Cancellation requests that are received within two
weeks of the proposed event or program date, will not be eligible for refunds. For cancellation
requests that are received two weeks in advance of the scheduled program or event, refunds
may be given.
Eagle County Open Space may require participants to sign an Assumption of Risk and Release
and/or require event organizers to supply a Certificate of Insurance listing Eagle County as
additionally insured.
ECOS staff will do their best to ensure a successful event or program. Please provide complete
information to ensure a thorough review process. Special Event and Program applicants will
receive a confirmation when the application is submitted. Follow up response from Eagle
County Open Space may include a request for more information, suggested modifications to the
proposed use, and/or issuance of permission or denial for reasons that will be explained.
Special Event application fees are as follows and are due when the Special Event permit or
letter of authorization is issued.
26-100 participants-$100.00
101-250 participants-$150.00
250+ participants- $200.00
Fees for programming may be assessed for organizations that host more than 25 programs
annually.
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By submitting this application the contact person and host organization listed above hereby
agrees to abide by all posted rules and regulations on site as well as all Eagle County Rules
and Regulations. Violations of rules and regulations may result in the denial of future
programming or special event requests and/or any costs to be recovered from event organizers
for damages during a program or special event as permitted by Eagle County Rules and
Regulations.
Organizer/primary contact Date Organization
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Appendix B
Permit for Special Event or Program
(draft)
Hi,
Eagle County Open Space is pleased to approve the below request for a [Special Event or Program]
at the <XXXXXXXXXXX>on<XXXXXXXX>. Below is an overview of the approved [Special Event or
Program]. Please report back to Open Space the number of participants within a week after the
[Special Event or Program].We look forward to seeing your group on Eagle County Open Space!
Special Event/Program Organizer:
Date Requested: / /
Time:
Number of participants: -
Special Event/Program overview:
Comments from Eagle County Open Space:
Upon submitting the application for the Special Event or Program,you agreed to abide by all posted and
property specific rules and regulations, any staff conditions agreed to for this request, and all Eagle
County Open Space Rules and Regulations. Failure to comply with written rules,staff requests, and/or
additional county requirements shall be cause for denial for subsequent event or program applications.
By receiving this letter of authorization,you affirm your agreement to all Open Space rules and
regulations.
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Peter Suneson
Outreach&Education Specialist
Eagle County Open Space
(o) 970-328-8637
EAGLE COUNTY (c) 970-401-1054
Open Space http://www.eacilecountv.us/openspace/
Appendix C
Special Event and Program rubric for approval and denial
(draft)
The following rubric was developed to help Eagle County Open Space evaluate Special Events
and Programs on Open Space properties to ensure resource protection, satisfactory public user
experiences, and consistency with other Eagle County Open Space purposes and values.
Satisfactor
Number Question y Notes
Response?
1 Contact Information
Contact info,type of entity,person
authorized for contract(organizer)
2 Experience and Qualifications
Has the group successfully conducted
programs on Open Space previously?
3 Proposed Operation
Does the proposed use fit within the
conservation values of the Open Space
4 County and Public Interaction
Ability to work with County as a
partner and any effects to the general
public on open space during the event.
5 Type of host
commercial,non-profit,government,
school,etc...are there fees being
charged associated with this Special
Event or Program?
6 Resource Protections
Has the group thoroughly addressed
resource protection,stewardship,and
impacts to wildlife?
7 Logistics
Is there a parking plan,will this be
advertised to the public,will the event
result in additional costs to Eagle
County.What is the total#of
participants expected
8 Timeliness
Was the proposal received allowing
time to contact neighbors,vested
interests,etc...
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Appendix D
Special Event and Program Evaluation Form
(draft)
This form is used by Eagle County after the Special Event or Program to document any
uses inconsistent with the conservation values or property specific management plan.
Number Criterion Satisfactory/ Rationale/Notes
Unsatisfactory
1 Contact Information
Contact information
provided(organizer)
2 Experience and
Qualifications
Has group successfully
conducted programs on
Open Space previously?
3 Proposed Operation
Did the observed program
resemble the proposed
program
4 County and Public
Interaction
Were there any conflicts
with other users or was
access or experience
diminished
6 Resource Protections
Dld the program/event
compromise any resource
protections.Were they
stewards of Open Space.
Were there wildlife impacts?
7 Logistics
Was the advertising
consistent with the program
and Open Space values?
8 Timeliness
Was the proposal received
allowing time to contact
neighbors,vested interests,
etc...Did the organizer report
participant numbers in a
timely fashion