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1. When do I need a Development Permit?
When adding square footage to any structure.
When building any new structure including accessory buildings.
When changing the use of a structure.
When building a driveway or private road or moving the location of an existing driveway.
When drilling a well.
When doing utility work.
When making modifications to Cell Phone Towers.
When building a structure or modifying the site after a Land Use Approval ie. Wetland or Special Use Permit.
2. How do I apply for a Development Permit?
Navigate to: https://co-sanmiguel-co.smartgovcommunity.com/Public/Home.
Select “My Portal” followed by “Apply Online”.
Create an account.
From the drop down list of categories select “Planning”.
Select the black outlined circle to the left of “Development Permit”.
Enter your address using SmartGov’s autofill; do not use your browser's autofill.
Alternatively, click on “I want to enter a parcel number instead” above to use your property's parcel number.
When you are finished filling out the details and uploading your submittals, click the green button at the top right of your application to pay the application fee.
Select “Submit Application” at the bottom of the page.
3. How do I check on the status of my Development Permit?
Sign into your SmartGov account.
Select “My Portal” followed by “My Applications”.
Any applications you see under “Applications in Progress'' were not fully submitted. Click on the blue permit number to see what you are missing.
Click the drop down arrow underneath the “Active” tab to see your permit applications that are under review.
Select your application by clicking on the blue permit number.
In yellow at the top of the page will be your application status.
Scroll to the bottom and select ‘Permit Approval Steps’.
If you see the message, (see notes), next to a review agent, select it to see staff feedback. This feedback will also be automatically emailed to you in the form of a deficiency notice.
4. What is needed for my revegetation plan?
Please include a narrative describing your intent to reseed any disturbed surfaces with native seed, as well as any other landscaping measures being proposed. For larger or more detailed projects, drawings should be included.
5. What are Setbacks?
Setbacks are the distance between the the nearest surface of the building or structure, ie. a roof overhang, and the property line. Find out what the minimum setbacks are, and other useful information for your Zone District, with Article 5 of the San Miguel County Land Use Code: https://www.sanmiguelcountyco.gov/243/Land-Use-Code
6. What is a Site Plan?
A site plan is a clearly labeled map showing any proposed development in relation to the whole property, with all existing and proposed structures, utilities i.e. well and OWTS, setbacks, and driveway access to the connecting road clearly displayed.
7. How do I know which Zone District I am in?
Use our interactive Zone District finder map
If you are located in the West End Zone District of the County you do not need a Development or a Building Permit. However, certain uses may require approval of a Land Use application.
8. What do I need to include in my Driveway construction plan?
Please include: a cross section of the driveway showing construction materials and average width, a profile grade line displaying fluctuations in grade through the entirety of the driveway length, and a site plan showing the driveway’s road access, curve radii, and turnarounds. The cross section and grading should show positive drainage.
9. When do I need a Wetlands Special Use Permit?
When there is the potential for development or utility work in a wetland or within 100 feet of a wetland. See LUC Section 5-22.
10. What other permits will I need?
Depending on your project type you may be required to obtain:
A Well Permit from the Colorado Division of Water Resources
An Onsite Wastewater Treatment System (OWTS) Permit (SmartGov)
A Road Access Permit if your driveway is accessed from a county road (SmartGov)
A Building Permit if you are building any structure greater than 200 square feet. Structures under 200 square feet will also require a building permit if utilities are proposed (SmartGov)
11. How do I get an address assigned?
An address will be assigned by our GIS department during the review of a Development Permit application. A site plan with the driveway’s divergence from the main road clearly displayed is necessary. If you are in the West End zone district, you can use SmartGov to apply for a West End Address Permit online. You will need to submit a site plan as part of your application.
12. How long is my Development Permit valid?
Construction must begin within one year of a Development Permit’s issuance, or re-application may be necessary.
13. Can I apply for multiple projects on one Development Permit?
You may include plans for the construction of your driveway as well as your home or accessory structure in one application.
Please send us your comments concerning an upcoming land use application or agenda item and we will include them in packet material for the Planning Commission members. The comment form can be completed and sent electronically.
Please send us your comments concerning an upcoming application or agenda item and we will include them in packet material for the Board of County Commissioners. The comment form can be completed a returned electronically.
When were the new Impact Fees adopted?
The employee housing impact mitigation fees were originally adopted in 2007. On July 6, 2022 and on March 1, 2023 the San Miguel County Board of County Commissioners (BOCC) adopted updates to the Employee Housing Impact Fee, with changes effective July 15, 2022.
Why are Impact Fees changing?
Prior to the adoption of the employee housing impact mitigation fees in 2007, people building one- and two-family residences were required to construct a deed-restricted accessory dwelling unit or caretaker unit on their property. With the adoption of the impact mitigation fee in 2007, it was no longer necessary to build a unit, as the employee housing impacts were mitigated by the fee. The fees have always been based on a specific mitigation rate related to the square footage being built. As adopted in 2007, the impact mitigation fee provided for an annual increase, but the top of the scale was reached in 2015.
How is the Impact Fee structure determined?
Impact fee payments may be assessed depending on house size for residential construction (single-family and two-family) in the unincorporated county within the Telluride R-1 School District. The updated mitigation fee is based on a Market-Affordability Gap approach, which looks at the difference between the free-market price of housing in the Telluride Region and an amount that is affordable to those living in the community and earning 100% of the Area Median Income (AMI). This same method is used by the Town of Telluride and the Town of Mountain Village. The Affordable Housing Fee Methodology Report describes the fee in more detail.
Is the mitigation rate the same for all new residences?
Homes that are 2,000 square feet in Floor Area or less or that are R-1 deed-restricted are exempted from paying the impact fee . The percentage of required mitigation is graduated, beginning at 18% for houses that are 2,001 square feet or larger, and rising to 90% for houses greater than 5,000 s.f.
Yes, the impact fee applies to the proposed additional Floor Area only for an existing residence. The impact fee is calculated on the total size of the existing residence with the new addition, but is only applied to the new additional square feet.
How do I calculate the new Affordable Housing Impact Fee?
The adopted Affordable Housing Fee Method Report and Affordable Housing Impact Fee Calculation Worksheet is available online at https://www.sanmiguelcountyco.gov/198/Planning. The impact fee is phased in with fifty percent (50%) of the impact fee assessed for complete building applications submitted between July 15, 2022 and May 31, 2023, and then assessing one hundred percent (100%) of impact fee for applications submitted and/or made complete starting June 1, 2023.
What if I build an Affordable Housing Unit (AHU) and rent it out to Qualified Employees?
A property owner who voluntarily constructs an affordable housing unit on site will receive a credit toward the payment of the impact fee. The amount of the credit will depend on the size of the AHU and the primary residence. This permitted unit would be subject to the County R-1 Housing Deed-Restriction and Affordable Housing Unit Deed Restriction Covenant. The covenant imposes occupancy requirements on the affordable housing unit. This would only apply in zone districts/areas where second units are allowed.
Is the fee completely waived if I build an Affordable Housing Unit (AHU) and rent it out to a Qualified Employee or is the fee is only reduced?
A credit may be applied against potential impact fees for a residential development depending on several factors. First and foremost, an accessory dwelling unit (ADU) or caretaker unit must be an allowed use within the subdivision where the single-family residence will be constructed. Second, a credit applied for the proposed Affordable Housing unit will be for the Floor Area of the ADU only, and if a balance of the impact fee remains, the balance of the impact fee is also due in addition to the building of the proposed affordable housing unit. The Excel spreadsheet allows you to compute impact mitigation fees with and without an ADU.
If I build an Affordable Housing Unit (AHU), what is the affordable housing submission process and are there any limitations on who we rent to?
An AHU constructed in mitigation for an Employee Housing Impact Mitigation Fee for the single-family residence must be proposed by the Applicant at the time of application for the corresponding Development and Building Permits from SMC Planning and SMC Building Departments. The Applicant must complete the requisite County R-1 Deed-restriction and Covenant document for the proposed affordable housing rental unit within the property, and the separate Covenant Restricting Real Property for Use as Designated Employee Dwelling Rental Unit. The Covenant specifies who is a qualified employee (tenure, source of income, employment). County R-1 Deed-restriction Rental Units may only be rented to individuals and households so qualified as Employees according to the SMC Land Use Code and as a Qualified Household with the San Miguel Regional Housing Authority.
Is the requirement that we build square footage that COULD be affordable housing or is active renting required? If we decide not to rent it for a period of time down the road, will the fee then become due?
The ADU must be fully constructed concurrent with the principal dwelling, and the Covenant recorded prior to Certification of Occupancy. The Covenant Restricting Real Property for Use as a Designated Employee Dwelling Rental Unit contains restrictions on the use and occupancy of the Affordable Housing unit AND requires active renting of the unit in perpetuity. The Deed Restriction can only be terminated by the Board of County Commissioners. If that occurs, the then-current fee would be due.
Where do I find all of the requirements and regulations regarding affordable housing?
Land Use Code Section 5-13 contains the regulations for Affordable Housing, including definitions, mitigation rates, mitigation fee, deed-restriction requirements, and guidelines for affordable housing.