Just because you purchased land in Park County does not automatically entitle you to mine it or prevent others from doing so. Under Colorado law, mineral right holders can disturb the surface in order to extract sub-surface minerals, regardless of who owns the land. Find out who owns the mineral rights on your property and on adjacent properties. Be aware that neighboring mine operators may have the legal right to mine up to your property boundary or expand their operation on to your property, if they own the mineral rights.

You may be provided with a plat of your property, but unless the boundaries have been established by a licensed surveyor, you cannot assume that the plat is accurate. Fences separating neighboring parcels may not follow actual property boundaries. Road or utility easements may run through the property that do not appear on the plat. A professional survey of the property is the only way to confirm legal boundaries and utility easements.

Many subdivisions have covenants that limit or restrict the use of properties. It is important to obtain a copy of the covenants (or confirm there are none) and decide if you can live with the rules. A lack of covenants can also cause disputes between neighbors. Homeowner’s associations are often required to manage common elements such as roads, pastures, water supply systems, etc. Dysfunctional rural homeowner’s associations and/or poorly drafted covenants often result in neighborhood tension and even litigation. Annual dues are usually a requirement in areas with a homeowner’s association. The by-laws of the association should and hopefully will tell you how the organization operates and how the dues are structured.

Park County is a growing and expanding community. As a result, neighboring vacant properties may not remain as open space indefinitely. Check with the Building and Zoning Department to find out how adjacent properties are zoned and what future developments may be in the planning stages. Scenic vistas are often of special concern to property owners due to the spectacular views provided in many areas of the County. Views are not protected by zoning or subdivision regulations. The preservation of critical views is typically a property owner’s responsibility.

Surface water rights may be critical to the beneficial use and enjoyment of rural property. However, the majority of small parcels do not have water rights. Determine what rights come with the property and understand how they work. If you have a ditch running across your property, there is a possibility that the owners have the right to come onto your property to maintain their ditch. Water rights do not automatically go with the property. Unless water rights are purchased with the property, you may not have the right to use water from ditches or streams crossing your land. Also, other users may have senior rights to the water that restrict your use of it. Make sure that any water rights purchased with the land are adequate to irrigate trees, pastures, gardens or livestock.

Park County presents unique challenges related to living and working in a mountain environment. The following are considerations for selecting property and siting a home in rural areas.

The physical characteristics of rural property can be both positive and negative. Trees are a wonderful amenity but increase the chances of losing your home to a forest fire. A minimum 30-foot open space around buildings provides a "defensible perimeter" in the event of forest or range fires. Steep slopes provide great views but can slide during periods of heavy precipitation. Depending on the slope, unstable soils present a great danger to people and property. Soil stability varies widely in the area. Expansive soils can buckle concrete foundations and twist steel beams. Also, heavy snow loads and strong winds may cause damage to buildings during winter. Seek technical advice from a professional engineer about the best site and design for proposed structures before construction begins.

Flash floods can and do occur during the summer months when dry gullies turn into torrents. Likewise, during spring run-off many small creeks become major rivers for a period of several weeks. In general, it is unwise to build in the floodplain of any creek or river. Consult with the Building and Zoning Office to determine if your proposed building site is situated in a floodplain.

Nature provides us with wonderful neighbors in Park County. Most wildlife, such as deer and elk, enhance our rural lifestyle. However, even deer can cause deadly traffic accidents and property damage. Rural development is now encroaching on the native habitat of coyotes, bobcats, mountain lions, bears and other predators that cause damage to property, pets and occasionally humans. Pets should be kept under control at all times. Dogs allowed to roam may harass wildlife or become a nuisance to neighbors, ranchers and livestock. Property owners may legally shoot dogs that are threatening their livestock, property or families. The well being of pets may also be at risk from wild animals such as mountain lions or packs of coyotes. In contrast to dogs, it is illegal to kill or destroy wildlife that are judged to be a nuisance. The Division of Wildlife (DOW) provides detailed information about coexisting with wildlife in rural areas. Check with the DOW for advice on how to avoid and/or resolve conflicts between pets, people and wildlife.

The time-honored tradition of hunting and fishing continues to be an important part of rural living. These activities may take place on private property with the permission of the owner or on public lands that border private property. Consequently, you may find that your country home is in close proximity to hunters and fisherman.

The people who settled this land developed ingenious methods for raising hay and livestock in the harsh mountain climate. As a result, agriculture is now an important part of our culture and environment. The following points should be considered before deciding to build in agricultural areas of Park County.

Ranchers often work around the clock, especially during calving and haying seasons. Hay is often swathed or baled at night and ranch equipment may be in constant use during the period. Livestock are sometimes moved along or across highways and county roads. Courtesy dictates that you pull over and patiently allow the livestock to pass. After all, the cows were here first. Colorado has an open range law which means ranchers are not required to keep livestock fenced in. If you do not want cattle, sheep or other livestock on your property, it is your responsibility to fence them out.

Land preparation and other operations can cause dust, especially during windy and dry weather. Ranchers occasionally burn their fields and ditches in preparation for the coming season. This normally creates smoke during the spring. Chemicals (mainly fertilizers and herbicides) are used in agriculture, to which many people have severe allergic reactions. Animals and their manure cause "objectionable" odors. What else can we say? If you choose to live in the rural countryside, enjoy the scenery and remember, this is the real West!

Do not expect county government to interfere with the normal operations of our ranching neighbors. Colorado has "Right to Farm" legislation that protects farmers and ranchers from nuisance and liability lawsuits and allows them to continue producing food and fiber, regardless of how new residents feel about their operations.