The Crested Butte News Serving the Gunnison Valley since 1999
Dissecting alternative building styles and building codes in the tiny home era
By Cayla Vidmar
Long-term camping on private property came under fire at the Gunnison County board of commissioners’ land use resolution work session two weeks ago, with building and energy efficiency codes and private property rights at odds. County commissioners approved two to one, with commissioner John Messner dissenting, to create a 180 days per calendar year limit to camping on private property. The county directed staff to seek creative solutions and opportunities for alternative living on private property.
“I’ve indicated this before, for me … I feel uncomfortable with us coming in there and stating [property owners] can’t camp or reside on their land in an RV, in a park home, in a mobile home, in a tiny home,” said Messner.
Cathie Pagano, director of Gunnison County community and economic development, replied, “I think we’re not saying that. I think there’s differences and discrepancies in those and I think it’s about people being on the same playing field, so if you’re building a tiny home or any stick-built structure, you have to meet the septic requirements, you have to meet the energy code requirements. If you want to bring in a travel trailer year after year, there’s no energy efficiency requirements, no snow load requirements, so we’re creating some discrepancy there.”
Messner replied, “So what I’m saying is, I think the private property owner should have the ability to come in and spend as many days in their travel trailer as they want, on their property, assuming that they’re meeting all the other health and safety requirements in Gunnison County.”
Pagano replied that travel trailers, or RVs, despite being manufactured in a facility, do not meet insulation or snow load requirements for Gunnison County.
“[They’re] for recreational camping, it’s not for year-round occupancy, and that’s very specifically stated,” Pagano said, referring to RVs.
“These regulations aren’t intended to allow someone to set up an RV on property as a single-family residence,” said Neal Starkebaum, assistant community and economic development director.
Messner disagreed. “I’m okay with allowing them to do that, and so that’s where I’m having issues. If I have no covenants on my property, if I’m passing all the other health and safety requirements of Gunnison County, and I want to be able to live on my property in a tent, then I should have the ability to do that… I think it’s an over-reach.” Messner made it clear that he believed people must have the proper environmental and health measures in place, such as septic systems.
Commissioner Phil Chamberland said, “And I don’t disagree with that, but I don’t know if, at that point, you call that camping.”
“Then why do we require energy efficiency requirements and snow load requirements for other people?” asked Pagano.
“For future buyers’ protection,” replied Chamberland.
Starkebaum then argued about the expectation property owners have about what their neighbors are allowed to build, which does not include, say, a converted school bus. “So that’s why you create homeowners associations, and why you put covenants on properties. That’s why you have the ability to do these things,” replied Messner.
Eventually the conversation segued into other counties that have been working on this issue, particularly one in which people were camping long-term on one- acre subdivided lots. “Yeah, but the problem with those situations aren’t with camping. The problems with those situations are with the waste systems and public health. I don’t have a problem with applying for a permit so that there’s an acknowledgment this is going on in those areas, and there’s also an acknowledgment for environment health regulations,” said Messner.
He concluded that the prohibition of being able to reside on private property in a tent or an RV long-term is where he had issues.
Pagano said, “I think if there aren’t any regulations on this, it will make it very difficult on our staff to regulate and/or enforce on things like tiny homes. Why would they need to insulate or do any of those things if you can bring a travel trailer in to live in?”
Messner later brought up the affordable housing need, and creating new opportunities for people to live in the Gunnison Valley. “If we’re trying to create opportunities for people to live, then we need to look more comprehensively at how we deal with RVs, tiny homes, park homes as a package… and if there are health and safety issues, then start addressing those in a way that would create options for people to utilize their property with these different types of homes.”
Starkebaum replied that the resolution isn’t intended for living, but rather camping. To which Messner replied, “Which is intended to stop things like I’m talking about here.”
Pagano said, “I don’t think that’s true… We’re working with a variety of different evolving building methods and techniques and products out there to allow those [RVs, tiny homes, etc.] in our community, because we … in our office recognize the need for more affordable housing and a variety of ways that people achieve that.” She concluded, “But making it very easy for people to live in substandard housing is no better than letting them live in a crummy 1970s mobile home.”
Messner recommended keeping the current camping regulations—which require a permit for camping longer than 14 days during three consecutive months on the same parcel—until staff could look at camping on private property year-round in a more comprehensive way.
The board voted and passed two to one, the new 180-day in a calendar year limit to camping on private property. Commissioners directed staff to look at creative solutions and opportunities for alternative styles of living on private property, beyond yurts and tiny homes, which are currently allowed.
