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Property Rights in Pagosa Springs

The various residential and business areas in Pagosa Springs and Archuleta County often are controlled by different building codes, zoning regulations, or covenants which affect the building process. You might hear that the area you have chosen for your home or business has "no zoning," "no covenants," or is already designated to suit your building project. Don't listen to hearsay: find out for yourself! You may be within a subdivision or development which has covenants or design guidelines which limit what you can do with your property.

It's possible, to begin with, that you will need to obtain a conditional use permit, or even multiple permits, for building, driveway access, sewage disposal, or other parts of your project. It's also possible that other property owners may have easements, either recorded or "historic," which will require you to allow utility lines, irrigation ditches, even road or trail construction, across part of your land.

In the high desert climate of the Four Corners area, water is another big issue, and you will want to know for certain just what water rights come with your property. You may not own the right to legally use the water flowing across your property, for example. Or you may be located in a place where central water is not available, and where well water often has high mineral content and is not the best for drinking. You might have to haul your water from town, or have it delivered by a water delivery service. Even if you do hit a well with good-tasting water you may be limited to using the water indoors only, in which case you will want to learn about permaculture and xeriscaping with native plants which require little or no watering.

Colorado has an "open range" law, which means that you, not the rancher who owns the cattle or horses, are responsible for fencing your property to keep unwanted animals off your land. This can also happen within subdivisions. Additionally, you may be limited in how many animals or pets YOU are allowed to keep.

Things that you are accustomed to, such as paved roads, emergency services, cable TV, mail delivery, recreational facilities, even utilities like water, telephone, gas and electricity, may not be conveniently available in your area. Many areas are located on roads which are NOT plowed in the winter or graded in the summer. You may be expected to help pay for the maintenance on your road, which might be handled by a private company or individual.

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