HomeMy WebLinkAbout06/26/14City of
BOARD OF ADJUSTMENT
AGENDA
June 26, 2014
Nr V � I � e -Poard
irlIrg"Mr � I e
of Adjustment on June 26, 2014, at 7:00 p.m., in the City Council Chambers of the
B d 91h
Municipal • uiling, 7500 W. 2 Avenue, Wheat Ridge, Colorado.
Individuals with disabilities are encouraged to participate in all public meetings sponsored 41,
the City of 47teat Ridge, Call Heather Geyer, Public Itijbrmation Qlftcer at 303-235-2826 at
least one week in advance of meeting if you are interested in participating and need inclusion
assistance,
2. ROLL CALL
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
A. Approval of minutes — September 26, 2013
11
The meeting was called to order by Chair GRIFFITH
f"', If S p in. in tile City Council
Chambers of the Municipal Building, 7500 West, avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Board Members Present:
0
Alternates Present:
t-h Reckert, Sr. Planner
ner, Planner I
aggoner, Recording Secretary
0
0
Case No. WA An application filed by Lisa Sanchez for approval of a request
for a 20-foot (80%) variance from the 25-foot side setback requirement resulting in a
5-foot side setback to allow a detached garage on property zoned Residential-Two (R-
2) and located at 4390 Newland St.
The case was presented by Wade Sanner. He entered all pertinent documents into the
record and advised the Board there was jurisdiction to bear the case, Mr. Sanner
reviewed the staff report and digital presentation. Staff found unique circumstances
attributed to the request and recommends approval.
Board of Adjustment Minutes September 26, 2013
Board Member PAGE asked why the driveway doesn't exit onto 44 Avenue. Mr.
Sanner stated 44"' Avenue is a minor arterial and the traffic engineer was concerned
about backing out onto 44"' Avenue and the site restrictions.
Board Member BANGHART asked if there were any restrictions about the amount of
pavement on a property. Ms. Reckert stated there is no maximum standard for pavement
in residential zone districts but at least 25% of the lot must be landscaped.
Board Member KUNTZ asked if any landscaping will be required in the 54bot setback.
Mr. Sanner stated there is not a requirement, Ms. Recke,,T,,, stated staff did not make that
g
recommendation. It could be discussed with the a
Board Member BELL, asked if the applicant is
stated no.
Tyson Remmert (for the applicant)
4390 Newland St.
Mr. Rea niert stated the applicant did not ci
aware it was unpermitted. The applicant is
Mr. Remmert stated the gables r'
installed they will be diverted fr6
landscaped areas on the property.
Ms. Reckert sta
Board Member
vi sil:o- a to 44, A
a motion
HART,
WHEREAS, a
review; and
no
a fence. Ms. Reckert
the arage into
east and west so when the rain gutters are
perty line or down the driveway into
proposed garage does not obstruct the
voting in favor of the variance.
► L- AND and second by Board Member
was stated:
A-13-16, was not eligible for administrative
has been posted the fifteen days required by law and in
e no protests registered against it;
WHEREAS, the relief applied for may be granted without detriment to the public
welfare and without substantially impairing the intent and purpose of the
regulations governing the City of Wheat Ridge.
NOW, THEREFORE IT BE RESOLVED that the Board of Adjustment Case No.
WA-13-16 be, and hereby is APPROVED.
Board of Adjustment Minutes September 26, 2013 2
TYPE of VARIANCE: A 20-foot (80%) variance from the 25-foot side setback
requirement to allow for the construction of a detached garage on a corner lot zoned
Residential-Two (R-2)
For the following reasons:
1. The variance will not alter the essential character of the locality.
2. The proximity of the lot to 44 Avenue and Newland Street results in a
unique challenge and justifies the request for a decreased setback.
3. The detached garage is consistent with othe
detached garages in the
surrounding neighborhood.
4. The request is in compliance with t,,
v,
of the zoning code, protecting
the health and safety of residents hborhood
5. The request would not be detrimet I to pu welfare.
With the following
R1
A. Approval of Minutes — July 25, 2013
It was moved by Board,Member BANGHART and seconded by Board Member
HOVLAND to approve the minutes as written. The motion passed 3-0 with Board
Members GRIFFITH, KUNTZ and PAGE abstaining.
B. Ms. Reckert stated the following:
Board of Adjustment Minutes September 2 6, 2013 3
* There may be a flood plain case in October.
9 The Boards and Commission Dinner is scheduled for October 16.
• City Election is on November 5.
• Ms. Reckert asked Ms. Waggoner if an application was received for an alternate.
Ms. Waggoner stated there was an inquiry but she was unaware of a submitted
application.
• CML Training for Boards & Commission
the Colorado Municipal League building.
Training for the Board of Aqjus
upon appointment of alternates.
Board Member HOVLAND inquired ab6i� the I
Ms. Reckert stated it is south of 44' but o , i , !* I
Board Member BELL inquired about the light n
end-of-line station. Ms. Reckert stated there has
Northwest Subarea Plan. City Council will hol(
91
is scheduled for October 17 at
i the City Attorney will be scheduled
nation of the flood plain variance case.
x-til of Clear Creek.
d area around the commuter train
Veh much progress and updates to the
a
public hearing for adoption of the
rIMUWIMME=I I 111111� ml��
Board of Adjustment Minutes September 26, 2013 4
City of
W heat�idge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO Board of Adjustment MEETING DATE: June 26, 2014
CASE MANAGER: Lauren Mikulak
CASE NO. & NAME : WA -14 -09 ( Black
ACTION REQUESTED: Appeal of an administrative zoning determination related to wildlife animal
rehabilitation in residential zone districts and request for an interpretation that
would allow wildlife animal rehabilitation at 11781 W. 46th Avenue based on it
being a similar use to the keeping of household pets and small animals and
poultry as defined in Sections 26 -123 and 26 -606 of the Wheat Ridge Code of
Laws.
LOCATION OF REQUEST: 11781 W. 46th Avenue
APPLICANT (S):
OWNER (S):
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
Mandy Black
Mandy Black
17,716 square feet
Residential -Two (R -2)
Single Family Residential
ENTER INTO RECORD:
(X) CASE FILE & PACKET MATERIALS (X) DIGITAL PRESENTATION
(X) ZONINGORDINANCE
Location Man
Site
Board ofAdjmtment 1
Care No. WA- 14- 091Btock
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this
case.
I. REQUEST
The applicant, Mandy Black, has filed an appeal of an administrative zoning determination related to
wildlife animal rehabilitation in residential zone districts. The applicant is requesting an interpretation
that would allow wild animal rehabilitation at 11781 W. 46th Avenue based on it being a similar use to
the keeping of household pets and small animals and poultry as defined in Sections 26 -123 and 26 -606
of the Wheat Ridge Code of Laws.
The purpose of the appeal is to allow the applicant to keep wildlife animals and operate as a
rehabilitator with a provisional license from the Colorado Department of Parks and Wildlife.
Section 26 -115.E (Variances /waivers /temporary permits /interpretations) of the Wheat Ridge City Code
empowers the Board of Adjustment to hear and decide on requests for interpretation of the zoning code
in such a way as to carry out the intent and purpose of the subject provisions. The authority of the
Board extends to two types of code interpretations:
1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal
or instance.
2. Use of property as an "other similar use." In no instance, however, shall the board make an
interpretation that a particular use may be permitted in a zone district where that use is
specifically enumerated in a higher, more intensive, zone district.
In this case the Board is being asked to make a "similar use" interpretation. Unlike with variances, the
Board will not be analyzing any criteria Rather, the Board must decide to either uphold or to overturn
the determination of the Community Development Director. If the determination is overturned, the
Board's code interpretation will apply not only to the subject property but also to all residential
properties in the City of Wheat Ridge. This is further explained in the case analysis below.
II. CASE ANALYSIS
In February 2014, the applicant contacted staff to inquire as to whether or not she would be permitted
to act as a wildlife animal rehabilitator based out of her home at 11781 W. 46th Avenue. The property
is zoned Residential -Two (R -2) and includes a single family home.
Based on the applicant's description, the keeping and rehabilitation of wildlife animals typically entails
caring for foxes, squirrels, and raccoons; includes the keeping of wildlife animals in indoor and
outdoor cages; and concludes with release of the animals back into the wild. The applicant provided a
written description of these functions (Exhibit 1, Original Letter ofRequest).
At a state level, the Colorado Department of Parks and Wildlife establishes regulations related to the
legal possession and care of wildlife animals as well as a process for obtaining and renewing licensure
for wildlife animal rehabilitators. The applicant has provided this documentation (Exhibit 2, Colorado
Board ofAdfustment
CaseNo. WA -14 -09 /Black
Department ofParks and Wildlife Regulations). Best practices for wildlife rehabilitation are also
published by the National Wildlife Rehabilitators Association and International Wildlife Rehabilitation
Council. This 128 -page document was provided by the applicant, but it is not a regulatory document
(it is created by and for rehabilitators), and for this reason it is not included with this staff report.
Regardless of whether the State of Colorado recognizes or monitors legalized wildlife animal
rehabilitation, local jurisdictions have the authority to allow or disallow any type of land use, including
those related to wild animals. In Wheat Ridge there are two chapters of the municipal code that
regulate the possession of animals: Chapter 4 and Chapter 26. Based on provisions in both chapters,
staff has determined that wildlife animal rehabilitation is not apermitted use on the subject property or
in any residential zone district. After several conversations with the applicant a written determination
to this effect was provid by the Community Development Director on March 10, 2014 (Exhibit 3,
The analysis below explains how staff arrived at this determination and why staff recommends that the
Board of Adjustment uphold such determination.
Chapter 26— Zoning and Development
In determining whether or not a use is permitted in the City, staff defers to Section 26 -204 in
Chapter 26 the zone district use schedule. This code section identifies a series of land uses and
identifies the zone districts in which a certain use is either permitted, allowed as a special use, allowed
as an accessory use, or not permitted at all. The table of uses does not include every conceivable use,
so for uses that are not expressly permitted in the list, there are two options:
1. Section 26 -204.A states that any use not expressly permitted shall be deemed to be not
permitted, or
2. Based on the provisions of 26- 204.B, the Community Development Director may determine a
use is permitted or based on it being similar to other uses listed in the chart. Likewise the
Board of Adjustment may determine a similar use on appeal.
Similar uses are evaluated based on likeness and impact. Specifically, the code provides the following
guidance (italics added):
The director of community development has authority to determine that a use not specifically
listed as permitted, allowed as a special use or an accessory use should be so permitted or
allowed on the basis of its being similar to a listed use, compatible in character and impact
with other uses in the zone district, consistent with the intent of the district, and which would
not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation,
heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not
hazardous to the health and safety of surrounding areas through danger of fire or explosion.
The director's decision may be appealed to the board of adjustment. (Sec. 26- 204.B)
Wildlife animal rehabilitation is not expressly permitted in the residential use chart, and therefore the
default determination is that it is not permitted. At the request of the applicant, staff has evaluated all
potential similar uses and has determined there is no similar use that would deem wildlife animal
rehabilitation to be permitted in a residential zone district. An analysis of animal- related provisions is
provided below in support of staff's determination.
Board ofAdjustment
CaseNo. WA -14 -09 /Black
Domesticated household pets
The zoning code specifically allows the keeping of domesticated household pets as an accessory use in
residential zone districts per Section 26 -204. This is limited to the keeping of no more than 3 dogs and
4 cats, plus their unweaned offspring. Household pets are specifically defined in Section 26 -123 as
"animals or fowl ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats
and canaries, but not including a sufficient number of dogs to constitute a kennel, as defined in this
section."
Based on the definition of household pets as "ordinarily permitted in the house and kept for company
or pleasure," staff has determined that wildlife animals are not similar to domestic pets. Further, there
is a fundamental difference in that domestic pets have been in captivity for centuries and depend on
humans for food, care, and shelter whereas wildlife animals, such as raccoons, foxes, and squirrels are
not domesticated or meant to be "kept for company and pleasure."
The Community Services Unit (CSU) of the Wheat Ridge Police Department is responsible for animal
control, and this request was sent on referral to this division. Their comments emphasize the
distinction between wildlife animals and domestic pets. Domestic animals can include household pets,
livestock, and working animals each of which can be trained by humans to perform a variety of tasks.
Conversely, wildlife animals do not seek human companionship, they do not require human
interference, and they rely on instinct for food, safe habitat, and survival. Human interaction occurs
most often when wildlife animals are captured, injured or orphaned. This interaction is not natural,
and as a result of these occurrences the City has developed wildlife management plans and
partnerships with the appropriate state entities so residents can to safely coexist with wildlife animals.
Dog kennels, catteries, and veterinary hospitals
Staff has found that the rehabilitation of wildlife animals includes functions that are most similar to
kennels and veterinary hospitals. Definitions for these uses are provided in Section 26 -123:
Kennel. Any building, structure or open space devoted in its entirety, or in part, to the raising,
boarding or harboring of four (4) or more adult dogs and /or five (5) or more cats.
Veterinary hospital. A place where animals or pets of all types are given medical or surgical
treatment. Use as a kennel shall be limited to short-time boarding and shall only be incidental
to such hospital use and need not be enclosed within the main building.
Veterinary hospital (small animal, enclosed). A place where small animals or pets (dogs, cats,
birds and the like) are given medical or surgical treatment. Use as a kennel shall be limited to
short-time boarding and shall only be incidental to such hospital use. All uses shall be enclosed
within a soundproof building which emits no objectionable odor
While similar to wildlife animal rehabilitation, these land uses are explicitly not permitted in
residential zone districts because they are provided for in other zone districts. Furthermore, these uses
are explicitly not permitted as home occupations by section 26- 613.A.12. The use chart excerpts
below indicate in which zone districts kennels and veterinary clinics are permitted (P) or special (S)
uses.
Board ofAdfustment
CaseNo. WA -14 -09 /Black
Table of Uses — Agricultural (Sec. 26 -204)
Use
Notes
A -1
I A -2
C -1
Provided that outside runs which are
I -E
Animal veterinary
Dog kennels, catteries,
adjacent to residentially zoned or used
P
P
P
S
S
veterinary hospitals
property are no closer than 25 feet to a
P
P
side or rear lot line
Table of Uses — Commercial (Sec. 26 -204)
Use
Notes
NC
RC
C -1
C -2
I -E
Animal veterinary
P
P
P
P
With outside runs, no cremation
P
P
hospitals and clinics
Animal veterinary
Where there are no outside pens
S
P
P
P
P
hospitals or clinics
or runs for do s, no cremation
Kennels
S
Table of Uses — Mixed Use (Sec. 26 -1111)
Use
I MU -C
MU -C Int
MU -C TOD
MU -N
Veterinary clinics and hospitals, no
P
P
P
P
outdoor runs or pens
In terms of precedent, the City did approve a wildlife animal rehabilitation facility in 2013 in an
agricultural zone district based the use being similar to a veterinary clinic.
Small Animals and Poultry
The final provision in Chapter 26 with which staff compared wildlife animals is related to small
animals. Section 26 -606 (small animals and poultry) allows for "the private keeping of small animals,
such as rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons"
subject to regulations related to coop size and setbacks.
The keeping of small animals and poultry is permitted on residential property, however, like domestic
pets, staff finds small animals to be fundamentally distinct from wildlife animals. The species
enumerated in the code are also each specifically classified by the Colorado Department of Parks and
Wildlife as domestic animals. These small animals all tend to have domesticated qualities or provide
food value. Like pets, these small animals tend to depend on humans for food, shelter, and care and
are therefore distinctly different from wildlife animals.
Chapter 4 — Animals
In addition to the zoning code, Chapter 4 of the Wheat Ridge Code of Laws regulates the keeping of
animals. While the Board of Adjustment has no authority related to Chapter 4 it should be noted that
Section 4 -14 expressly prohibits the keeping of exotic or wild animals; the provision states:
It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic
in any exotic or wild animals, that is, any animal that is not a domestic animal, whether it is a
native animal of this state or not.
Staffs determination is consistent with this provision. Only the City's Animal Welfare and Control
Commission (AWCC) can make an exception to this rule by allowing the keeping of wild animals for
periods of time not to exceed 12 months.
Board ofAdfustment
CaseNo. WA -14 -09 /Black
In regards to animal control, the City also follows certain wildlife management policies and has an
adopted Coyote Management Plan. In addition, the City's Open Space Management Plan includes a
chapter devoted to wildlife. The effort to manage wildlife animals in Wheat Ridge is the result of
collaboration among the AWCC, Parks and Recreation Commission, the Colorado Department of
Parks and Wildlife, and City staff from the Police and Parks departments. At this point, the City's
wildlife management practices do not include or depend upon the practice of private citizens keeping
or rehabilitating wildlife animals on residential properties. Conversely, for the purpose of public safety
local and state policies try to minimize interactions between wildlife animals and humans, particularly
in developed areas and neighborhoods (Exhibit 4, City Adopted Management Plan).
Determination andAppeal
Based on the existing provisions in Chapter 26 of the Wheat Ridge Municipal Code, staff finds that the
keeping and rehabilitation of wildlife animals is not permitted in residential zone districts because it is
not expressly permitted in the zoning code; it is not similar to other permitted uses (namely, domestic
pets and small animals); and because it is most similar to uses that are expressly not permitted in
residential zone districts (kennels and veterinary hospitals). The applicant has appealed this
determination, and specifically has appealed staff's analysis of domestic pets and small animals
(Exhibit 3, ApplicantAppeal).
The Board of Adjustment has the authority to reexamine these zoning code provisions and make one of
two findings:
1. The Board may deny the appeal and uphold staff s determination by finding that wildlife
animal rehabilitation is not permitted because it is not similar to the keeping of domestic pets or
small animals and poultry, or
2. The Board may approve the appeal and overturn staff's determination by specifically finding
that wildlife animal rehabilitation is similar to an existing zoning code provision and is
therefore permitted in a residential zone district.
It should be noted that an interpretation of the Board of Adjustment applies not simply to the subject
property, but it also applies city -wide. In other words, if the Board overturns staffs determination, the
keeping and rehabilitation of wildlife animals would be permitted from a zoning standpoint on any
property that is zoned residentially. As described above, this would be indirect conflict with the
provisions in Chapter 4 of the municipal code and with the City's adopted Wildlife Management Plan.
The applicant has included in her submittal a recommendation that the zoning code be amended to
accommodate the rehabilitation of wildlife animals with certain restrictions in residential
neighborhoods. It should be noted that the Board of Adjustment does not have the authority to
augment the zoning code by creating a new classification or new regulations for wildlife animal
rehabilitation. This can only be achieved through a formal code amendment process, with
interdepartmental policy analysis and approval by City Council. The Board of Adjustment is limited in
their interpretation to determine how the proposed use relates or is similar to existing code provision.
If the Board decides to overturn staffs determination, staff recommends that the board consider
making as narrow an interpretation as possible in order to distinguish the keeping and rehabilitation of
wildlife animals from simply the keeping of wildlife animals as pets. This still presents a conflict with
Chapter 4 which makes no such distinction, nor does this distinction alter staff's code analysis as
presented above.
Board ofAdfustment
CaseNo. WA -14 -09 /Black
III. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes, based its analysis of the municipal code and the information provided by the
applicant, that wildlife animal rehabilitation is not a permitted use in a residential zone district.
Staff recommends denial of the appeal for the following reasons:
1. Wildlife animals are not fundamentally similar to domesticated household pets as they are
defined in the Wheat Ridge Code of Laws.
2. Wildlife animals are not fundamentally similar to domesticated small animals as they are
classified in the Wheat Ridge Code of Laws.
3. The keeping and rehabilitation of wildlife animals is most similar to kennels or veterinary
hospitals which are allowed in agricultural and commercial zone districts, but are explicitly not
permitted in residential zone districts.
Attachments:
1. Resolution Template
Board ofAdfustment
CaseNo. WA -14 -09 /Black
EXHIBIT 1: Original Letter of Request
Mandy Black
11781 West 46` Ave
Wheat Ridge, Co 80033
303.929.9649
Ma ndy Black13 (cDya hoo. com
February 24, 2014
Dear City of Wheat Ridge Committee Members:
I am writing to request an approval to rehabilitate limited small and medium -sized wildlife (such as
raccoons) out of my residence in Wheat Ridge. I am currently working towards going back to school for
my Associates in Science for Animal Technology and have had a passion for animals all of my life. I work
with several domestic animal rescues as a volunteer and run all of the Social Media Management for
L.O.L.A.'s Rescue. As I love working with domestics, I realize that there are only a handful of people who
have the ability to work with wildlife and there is a great need in the Denver area. We live in a beautiful
state filled with wildlife and I would like to do my small part in keeping our wildlife thriving for future
generations to enjoy.
Wildlife rehabilitation facilities are often times full and cannot take in more orphans; many times forced
to euthanize animals that would not be in the situation if not for humans. The Colorado Department of
Parks and Wildlife controls any licensing around Wildlife Rehabilitation and in order to get a license,
your home must be inspected for proper cages and supplies. As a new rehabber, you start out with your
provisional license with a sponsor who has a minimum of three years experience as a licensed wildlife
rehabber (see Parks and Wildlife Regulations Chapter W -14— Wildlife Rehabilitation — Article II - #1401).
As a Provisional Wildlife Rehabilitator, a learning plan is provided and I will be sponsored by Jack
Murphy with Urban Wildlife Rescue. Jerrie McKee of the Department of Parks and Wildlife inspected my
home on February 21, 2014 to approve my provisional. As part of my learning plan, I will be in contact
with Jack and Jerrie to ensure that all animals are being cared for to state level requirements.
After research and open discussion with active rehabilitators, I have determined that I can only take
about four bottle fed orphans at a time and /or four juveniles in the outdoor enclosure at any given time
due to time restraints since I have a full time job.
All wildlife in my possession will be quarantined in a room away from day -to -day traffic in my home and
from domestic pets. Youth wildlife will be kept in the quarantined room until large enough to be
relocated into an enclosed outdoor cage within my privacy fence. The enclosure is secure on all four
sides, top and bottom. Socialization with people is kept to a minimum at all times to prevent imprinting.
All rehabilitated wildlife shall be released as soon as it has reached physical maturity and /or has attained
full recovery from injury or illness, or as soon as the time of year is ecologically appropriate in a proper
habitat as close as possible to its place of origin, within 10 miles of that location; or as otherwise
required to comply with any special conditions of the license; or at a site approved in advance by the
Division (see Parks and Wildlife Regulations Chapter W -14— Wildlife Rehabilitation — Article 11 - #1406).
Wildlife Rehabilitation Stages
Phase I Rehab Interior Cage:
• Bottle fed /weaning/injured orphans
• Various sizes of plastic dog kennels with locks
• Room quarantined from domestic animals and day -to -day traffic in the home
• All cages sanitized daily
Phase II Rehab Exterior Cage:
• Chain link dog run with top and bottom enclosed with lock
• Cage set up inside perimeter of locked 6ft privacy fence
• Cage in- between house and garage so it is blocked on either side from resident view or day -to-
day traffic
• Cage separated from all domestic animals by solid gate
• All cages cleaned daily
Phase III Rehab — Release
• All rehabilitated wildlife shall be released as soon as it has reached physical maturity and /or has
attained full recovery from injury or illness, or as soon thereafter as the time of year is
ecologically appropriate. Please note that it is unlikely that wildlife will be released close to my
home as it must be released within 10 miles of where it was found, and my house is too close to
the road for most wildlife.
• All rehabilitated wildlife shall be released in an appropriate habitat as close as possible to its
place of origin, within 10 miles of that location; or as otherwise required to comply with any
special conditions of the license; or at a site approved in advance by the Division (see Parks and
Wildlife Regulations Chapter W -14 — Wildlife Rehabilitation — Article II - #1406)
In summary:
• These will be small animals, such as baby squirrels or raccoons, which are about the size of
kittens or small cats. The largest animal I have been approved for by the Department of Parks
and Wildlife is a fox.
• There will be no negative impact upon the neighborhood or town of Wheat Ridge, as the
animals will be initially inside my house in locked cages and then in locked cages for only a few
months until release (behind a locked fence).
• Please note that wildlife rehabilitation is done in many other towns and cities throughout
Colorado, with positive results.
Spring is just around the corner and we start getting orphans as soon as March. These babies need our
help to give them the best chance at life. Please let me know as soon as possible so that I can finalize
my provisional with the Colorado Department of Wildlife.
Thank you,
Mandy Black
References:
Jerrie McKee
District Wildlife Manager
303 - 880 -4089
Jerrie. mckeePstate.co. us
Urban Wildlife Rescue
Jack Murphy
303 - 340 -4911
0 ack(cDurba nwildliferescue.org
VetweRX Animal Hospital
Bethany Yurek
303- 454 -1800
BYurek @vetwerx.com
EXHIBIT 2: CO Dept of Parks and Wildlife Regs
11/14/2013
ARTICLE
#1400
ARTICLE II
#1401
'312106
-
#1403
General Provisions
#1404
Possession
2
1w
B. Practice of veterinary medicine
#1405
#1406
#1407
Basis and
Purpose
Statement
CHAPTER W -14 - WILDLIFE REHABILITATION
INDEX
!1
1
Page
General Provisions
Possession
2
A. Transportation to obtain care for wildlife
B. Practice of veterinary medicine
C. State authority
Possession and rehabilitation of sick, injured, or orphaned
wildlife
License Types and Requirements
2
A. Authority to issue licenses
Record Requirements
7
A. Content
B. Submission of Records
Requirements for License Renewal
A. Criteria for renewal of license
Facilities and Inspections
A. Facilities required
B. Additional requirements
C. Facilities to be kept clean
D. Facilities minimum standards agreement
_
E. Authority to inspect facilities
Care, Treatment and Disposition of Wildlife
9
A. DVM role in care
B. Requirement to euthanize wildlife not likely to surviv4
C. Wildlife not likely to recover within 180 days
D. Unlawful to impair release
E. DVM emergency care to wildlife
F. Authority to euthanize injured wildlife
G. Factors for determining action for injured wildlife
H. Disposition of carcasses chemically euthanized
I. Unlawful to use creances, leashes, tethers
Release of Wildlife
= 10
A. Release location
B. Release time and timing, maximum length of care
Restricted Species
10
A. T & E requirements
B. Criteria for authorization to rehabilitate bats
C. Rehabilitation of skunks prohibited
D. Any Cervidae family member in designated GMU's
!1
1
CHAPTER 14 - WILDLIFE REHABILITATION
ARTICLE I - GENERAL PROVISIONS
#1400 — POSSESSION
A. Any person may provide immediate transportation for sick, injured, or orphaned wildlife to the
Division, a Wildlife Rehabilitator, a Provisional Wildlife Rehabilitator, a DVM (licensed Doctor of
Veterinary Medicine), an animal control agency, or a local law enforcement agency for the
purposes of obtaining animal care or treatment if instructed to do so by the individual or agency to
whom the wildlife will be delivered.
B. Nothing in this chapter shall be construed as authorizing the practice of veterinary medicine as
defined in section 12 -64 -103 (10) and regulated by the provisions of article 64 of Title 12 C.R.S.
C. Wildlife possessed under authority of this chapter remain the property of the State and nothing
herein shall be construed as granting any ownership interest to a Wildlife Rehabilitator,
Provisional Wildlife Rehabilitator or any other person. As owner, the State has the right to require
any person having possession of wildlife under authority of this chapter to immediately surrender
possession of such wildlife to the Division in the case of violation of these regulations or other
applicable law or whenever the Director or his designee determines it is necessary or appropriate
for the welfare of such wildlife or for the protection of wildlife resources or the public.
ARTICLE II - POSSESSION AND REHABILITATION OF SICK, INJURED, OR ORPHANED WILDLIFE
#1401 - LICENSE TYPES AND REQUIREMENTS
A. Any individual may be issued an annual Provisional Wildlife Rehabilitator License or annual
Wildlife Rehabilitator License for the purpose of rehabilitating wildlife that is or appears to be
sick, injured, or imprinted on humans, or that has been orphaned, or that has been otherwise
approved by the Division. Only wildlife listed on the license may be rehabilitated, and all
rehabilitation authorized by the license is for the primary purpose of returning the wildlife to the
wild. The license is a renewable annual license which expires on January 31, annually.
1. Types of Licenses
a. Provisional Wildlife Rehabilitator
1. Authorizes licensee to receive, rehabilitate, transfer, and release all wildlife listed on
the license under the conditions specified on the license, and under the supervision
of their sponsor.
2. Must be sponsored by a Colorado Wildlife Rehabilitator(s) licensed for the same
species.
3. Must consult with sponsor immediately after receiving any wildlife regarding its care
and rehabilitation. If sponsor is not available, a Provisional Wildlife Rehabilitator
must consult with a licensed Wildlife Rehabilitator, DVM, or the Division within 24
hours.
4. Must immediately transfer any wildlife to the sponsor or another Wildlife Rehabilitator
upon request by the sponsor or the Division.
b. Wildlife Rehabilitator
1. Authorizes licensee to receive, rehabilitate, transfer, and release all wildlife listed on
the license under the conditions specified on the license.
2. No Wildlife Rehabilitator may sponsor more than three (3) Provisional Wildlife
Rehabilitators at the same time.
3. Only Wildlife Rehabilitators with a minimum of three (3) years of experience as a
fully - licensed Wildlife Rehabilitator may sponsor Provisional Wildlife Rehabilitators,
The Division may accept documented licensed equivalent (species and license type)
wildlife rehabilitation experience for this requirement on a year- for -year basis.
2. License Requirements: Prior to the initial issuance of any license, the applicant shall meet
the following requirements:
a. Provisional Wildlife Rehabilitator
1. Certification that the applicant is at least 18 years of age.
2. Declaration of prior animal welfare violations, wildlife violations, or suspension or
revocation of any rehabilitation license. A license may be denied for previous or
current violation of any relevant animal welfare or wildlife laws or failure to comply
with any of the requirements of this chapter.
3. Possession of an on -site holding facility which meets the criteria established under
regulation #1404. A Provisional Wildlife Rehabilitator may meet this requirement with
facilities available from the sponsor. If an applicant plans to use their own facilities,
the sponsor must inspect and approve those facilities prior to submission of the
Provisional Wildlife Rehabilitator application.
4. Submission of a completed written application form provided by the Division, and
approved and signed by the applicant and the applicant's sponsor.
5. Submission of a letter from a DVM agreeing to examine and treat injured wildlife.
The Division will not be responsible for reimbursing the DVM for services rendered.
6. Prior to the second license renewal, completion of a basic wildlife rehabilitation
curriculum approved by the Division which includes basic animal care concepts,
zoonotic disease information, preferred euthanasia practices, wildlife rehabilitation
law and ethics, and other general rehabilitation information.
7. Submission of a Learning Plan. Prior to the submittal of the application the applicant
and the sponsor must prepare a Learning Plan, intended to guide the applicant's
development as a wildlife rehabilitator. Learning Plans shall be signed by the
applicant and the sponsor and submitted with the application for approval by the
Division. The Learning Plan shall focus on the wildlife species that the applicant will
be rehabilitating, using the template provided by the Division, with narrative
descriptions of each topic. The Learning Plan must include, but is not limited to, the
following:
aa. Ethics of wildlife rehabilitation.
bb. Regulations affecting wildlife rehabilitation.
cc. Basic identification of common native wildlife species.
dd. Natural history and behavior of common native wildlife species and more in-
depth knowledge of wildlife listed on the application.
ee. Methods to prevent and resolve common problems with wildlife.
ff. Diet and nutrition of wildlife.
gg. Ability to safely capture and handle wildlife listed on the application.
hh. Identification and general assessment of basic health problems (not diagnostics).
ii. Basic first aid and problem - solving for wildlife listed on the application.
jj. Common wildlife diseases and parasites, including zoonotic diseases.
kk. Understanding of requirements for wildlife to be able to survive in the wild.
II. Euthanasia, necropsy and disposal of wildlife.
mm.Criteria and considerations of release of wildlife.
nn. Public contact.
oo. Record - keeping.
8. Submission of the applicant's USFWS special purpose rehabilitation permit where
required, or a copy of the federal application. Federally regulated species cannot be
authorized on any license until the USFWS permit has been received.
9. Certification by the applicant that the proposed possession and treatment of wildlife is
not in violation of any city or county ordinance and submission of any required local
permits.
10. Certification by the applicant that the proposed wildlife rehabilitation activities will be
in compliance with Colorado Department of Public Health and Environment statutes
25 -4 -602 through 606 and Colorado Department of Health and Environment
Regulation 6CCR- 1009 -1 (Regulation 8).
11. Certification by the sponsor that the person possesses the necessary skills and
abilities to be a licensed Provisional Wildlife Rehabilitator.
12. Certification by the applicant that they have read and understand the " Zoonoses
Information and Prevention" packet provided by the Division containing general
zoonoses information and procedures to minimize potential exposure to such
diseases.
13. Certification by the applicant that they have read and understand the information
provided by the Division about Chronic Wasting Disease (CWD).
14. Applicants shall be interviewed and their facilities inspected by the Division prior to
the issuance of any license. The applicant's sponsor shall attend the interview and
facilities inspection, except that a sponsor of a fully - licensed rehabilitator who is
applying to be licensed for additional species may attend the inspection via
videoconference or telephone.
b. Wildlife Rehabilitator
1. Certification that the applicant is at least 18 years of age.
2. Declaration of prior animal welfare violations, wildlife violations, or suspension or
revocation of any rehabilitation license. A license may be denied for previous or
current violation of any relevant animal welfare or wildlife laws or failure to comply
with any of the requirements of this chapter.
3. Submission of a completed written application form provided by the Division.
4. Submission of a letter from a DVM agreeing to examine and treat injured wildlife.
The Division will not be responsible for reimbursing the DVM for services rendered.
4
5. Submission of the applicant's USFWS special purpose rehabilitation permit where
required, or a copy of the federal application. Federally regulated species cannot be
authorized on any license until the USFWS permit has been received.
6. Certification by the applicant that the proposed possession and treatment of wildlife is
not in violation of any city or county ordinance and submission of any required local
permits.
7. Certification by the applicant that the proposed wildlife rehabilitation activities will be
in compliance with Colorado Department of Public Health and Environment statutes
25 -4 -602 through 606 and Colorado Department of Public Health and Environment
Regulation 6CCR- 1009 -1 (Regulation 8).
8. Possession of an on -site holding facility which meets the criteria established under
regulation #1404.
9. Certification by the applicant that they have read and understand the " Zoonoses
Information and Prevention" packet provided by the Division containing general
zoonoses information and procedures to minimize potential exposure to such
diseases.
10.Certification by the applicant that they have read and understand the information
provided by the Division about Chronic Wasting Disease (CWD).
11. Submission of the completed Learning Plan, approved and signed by the sponsor,
including dates upon which each segment was successfully completed.
12. Successful completion of a minimum of one (1) year of experience as a Provisional
Wildlife Rehabilitator, including certification by the sponsor that the applicant
possesses the necessary skills and abilities to be a Wildlife Rehabilitator for the
wildlife listed on the license. The Division may accept documented, licensed,
equivalent (species and license type) wildlife rehabilitation experience for this
requirement.
13. Applicants shall be interviewed and their facilities inspected to verify that the
applicant has the full range of caging and other necessary facilities. The applicant's
sponsor shall attend the interview and facilities inspection, except that a sponsor of a
fully - licensed rehabilitator who is applying to be licensed for additional species may
attend the inspection via videoconference or telephone.
3. Loss of Sponsorship: If at any time a Provisional Wildlife Rehabilitator loses sponsorship, all
wildlife shall be transferred to the sponsor or other Wildlife Rehabilitator licensed for that
wildlife as soon as possible but not to exceed 48 hours. If the Provisional Wildlife
Rehabilitator has not obtained a new sponsor within 30 days, the license shall expire. Any
time sponsorship is revoked, the sponsor shall notify the Division within 48 hours.
4. License Approval /Denial: Upon receipt, applications will be reviewed and facilities inspected.
Approval or denial will be based on compliance with the licensing and facilities criteria in this
chapter. Facilities inspection, any required interview, and written notification of the approval
or denial (including reason for denial) will be made within 60 days of Division receipt of the
application.
5. License Suspension /Revocation: Any license issued under this chapter may be
administratively suspended or revoked for violation of any relevant animal welfare or wildlife
laws, or failure to comply with any of the requirements of this chapter. A license holder shall
be notified in writing of any specific violation, including a date by which the license holder
must come into compliance. Failure to comply within the specified time period may result in a
hearing and subsequent suspension or revocation pursuant to this regulation. Upon written
notification of noncompliance, a license holder may not accept wildlife until the violation has
been remedied. Licenses may also be immediately suspended or revoked where necessary
to protect public health, safety or welfare.
6. Unlicensed Individuals Assisting in Direct Animal Care:
a. Fully- licensed Wildlife Rehabilitators may use unlicensed individuals under their
supervision, at their Division - approved facilities.,
1. Except as provided in (c) and (d) of this section, all unlicensed individuals must at all
times be under the direct (on -site) supervision of their fully - licensed Wildlife
Rehabilitator.
b. For the purposes of this section, an "unlicensed individual" is
1. Any person who has completed training provided by a fully - licensed Wildlife
Rehabilitator and has been added to that Wildlife Rehabilitator's on -site list of
currently- approved unlicensed individuals. At a minimum, training for unlicensed
individuals must include, but is not limited to, the following:
aa. Ethics of rehabilitation
bb. Rehabilitation regulations
cc. Safe capture and handling of the applicable species
dd. Diet and nutrition of the applicable species
ee. Common wildlife diseases and parasites, including zoonotic diseases
ff. Any other training necessary for the activity to be performed
2. Not allowed to supervise any other unlicensed individual.
3. Not allowed to provide medical care or euthanize any animal, except, when directed
by a fully - licensed Wildlife Rehabilitator or a veterinarian, an unlicensed individual
may provide emergency first aid, emergency stabilization care, continuation of
prescribed treatment or emergency euthanasia.
4. Not allowed to provide care for any skunk or bat.
c. Provisional Wildlife Rehabilitators shall only provide direct (on -site) supervision of
unlicensed individuals, and then only when:
1. Their sponsoring Wildlife Rehabilitator approves such supervision in writing, and,
2. The Provisional Wildlife Rehabilitator has completed all portions of their Learning
Plan relevant to the animal care activity to be performed by the unlicensed individual,
including, but not limited to, those criteria listed in (b)(1) of this section.
d. Unlicensed individuals may work without direct (on -site) supervision for short periods of
time provided that written protocols specific to the activity to be performed are available
on site, and their fully licensed Wildlife Rehabilitator is available by telephone during that
time. If at any point a Wildlife Rehabilitator is away from the facility and unreachable by
telephone, they must designate a fully - licensed Wildlife Rehabilitator who is licensed for
the same species to act in their stead.
e. Wildlife Rehabilitators must submit an annual report of unlicensed individuals used
throughout the year on forms provided by the Division. At a minimum, such report must
include the following for each unlicensed individual:
1. Name, address and phone number
2. Approved areas of animal care
3. Dates training was completed
4. Dates and times worked for each individual
5. Type of care provided
f. If the Division determines that any wildlife rehabilitator is not in compliance with
restrictions regarding the use of unlicensed individuals, or where such wildlife
rehabilitator or unlicensed individual fails to provide an acceptable level of care, the
Division may further restrict the use of unlicensed individuals by such wildlife rehabilitator.
g. Fully- licensed Wildlife Rehabilitators are responsible for the actions and activities of
unlicensed individuals and shall be responsible for any violations of these regulations by
those individuals. Provisional Wildlife Rehabilitators who provide on -site supervision of
unlicensed individuals are responsible to ensure that the unlicensed individuals comply
with the direction of the fully - licensed Wildlife Rehabilitator.
7. Transportation and Release of Wildlife: Under direct instructions from a Wildlife Rehabilitator,
unlicensed individuals may transport wildlife to or from a licensed rehabilitator or DVM, or to a
Division facility or officer, or to a release site. Such persons must carry documentation
signed by the Wildlife Rehabilitator listing the date, time, destination, species and number of
wildlife to be transported and /or released. Possession of wildlife under this regulation may
not exceed eighteen (18) hours.
#1402 - RECORD REQUIREMENTS
A. All license holders shall keep current and complete written records of all wildlife currently
possessed, rehabilitated and released, euthanized or which died while in their possession, or
transferred to another person authorized by the Division to possess wildlife, containing the
following information:
1. Species, sex, length and type of treatment, and source of wildlife (address /location to the
greatest extent known, including map coordinates, if possible).
2. Reason animal was taken in for rehabilitation, date received, and attending veterinarian if
applicable.
3. Disposition, disposition location (address /location to the greatest extent known, including map
coordinates, if possible) and disposition date, and a written explanation if wildlife is released
beyond ten miles from its place of origin, including the name of the Division employee
authorizing the release location and the date such authorization was given.
4. All animals carried over from the prior year, including a written explanation for why each
animal was carried over.
B. All license holders must submit to the Division a report containing this information, on forms
provided by the Division no later than January 31 annually. Reports submitted by Provisional
Wildlife Rehabilitators shall be approved and signed by the sponsor prior to submittal.
C. Provisional Wildlife Rehabilitators shall submit to the Division an annual update of Learning Plan
progress, which shall be approved and signed by the sponsor, no later than January 31 annually.
D. All license holders must maintain copies of the current and prior calendar years' records.
#1403 - REQUIREMENTS FOR LICENSE RENEWAL
A. The renewal of a license is contingent upon the licensee's compliance with relevant state
statutes, health department regulations and the provisions of this chapter.
B. Applications for license renewal shall include certification by the license holder, and the sponsor
in the case of renewal applications for Provisional Wildlife Rehabilitators, that they remain in
compliance with the provisions of this chapter and all other applicable statutes and regulations,
including declaration of prior animal welfare violations, wildlife violations, or suspension or
revocation of any rehabilitation license. The Division may deny an application for renewal for
previous or current violation of any relevant animal welfare or wildlife laws or failure to comply
with any of the requirements of this chapter.
#1404 - FACILITIES
A. All wildlife must be kept within wildlife holding enclosures except when being transported,
transferred, treated, or released. These holding facilities must be designed, constructed and
maintained to provide:
1. Safety and protection for wildlife and people.
a. Facilities and outdoor cages must be locked.
b. Facilities must ensure containment for wildlife under rehabilitation and exclusion of other
wild and domestic animals.
2. Separation between wildlife held under other licenses and wildlife in rehabilitation at all times,
unless otherwise approved by the Division.
3. Sufficient space to allow normal development and physical behavior, as well as postural and
social adjustments with freedom of movement.
4. Proper lighting levels.
5. Proper ventilation.
6. Ability to conduct cleaning, sanitation, disinfecting and handling procedures considering
safety, escape prevention and while minimizing stress to wildlife.
7. A means to gradually acclimate wildlife to external environmental conditions.
8. Appropriate ambient temperatures.
9. Barriers to minimize stress on these wildlife.
10. Barriers to prevent imprinting on humans or domestic animals.
B. In addition to the design, construction and maintenance of holding facilities as specified in 1404
A, the licensee must provide:
1. Specific enclosures for all developmental stages of wildlife on the license.
2. Enclosures for recuperation from injuries.
3. Quarantine capabilities.
4. Parasite and pest control.
5. Shelter within enclosure as needed.
6. Clean water and appropriate food.
7. Nesting and /or bedding materials.
C. The facilities will be kept clean and sanitary.
D. Wildlife rehabilitator license applicants shall develop a written minimum facilities standards
agreement with the Division, which describes the facilities and explains how they meet or exceed
the requirements of regulations #1404 A and B. This agreement shall be in the form of an
annotated checklist which explains how generally and specifically stated objectives (e.g., "proper
ventilation" or "parasite control') are met. Any facilities added between inspections shall meet the
same standards. When approved, the plan shall become a part of the issued license and a failure
to maintain the facilities as described in the license agreement shall be deemed a violation of this
regulation.
E. Within the facilities shall be available for inspection by representatives of the Division or other
persons having authority to enforce the Wildlife Commission regulations, at reasonable times
seven (7) days a week.
#1405 -CARE, TREATMENT AND DISPOSITION OF WILDLIFE
A. A DVM must approve all medications, medical treatments, diagnostic and prognostic procedures.
Anesthesia and surgery will be conducted only by a DVM or under direct DVM supervision.
B. If the rehabilitator or DVM determines that any wildlife is not likely to survive, it must be
euthanized immediately by the DVM or rehabilitator.
C. As soon as it can be determined that sick or injured wildlife is not likely to recover within 180
days, it must be euthanized, unless prior Division approval is given for extended care, provided
further, however, that the Division may authorize the transfer of any raptor determined by the
Division to be recovered, but non - releasable, to any person in possession of a Scientific
Collecting permit issued for educational purposes, provided the raptor is maintained in facilities
and otherwise possessed in accordance with the standards set forth in Chapter 6 of these
regulations.
D. It shall be unlawful to provide wildlife care that seriously impairs the potential success of release,
such as but not limited to wing amputation, without approval of the Division.
E. A DVM may render emergency care and treatment to sick or injured wildlife without a wildlife
rehabilitation license. Whenever a DVM renders such care or treatment he or she shall transfer
responsibility for such wildlife either to a licensed wildlife rehabilitator or notify the Division within
24 hours of initial contact with the wildlife. Any care and treatment rendered shall not create a
financial obligation to the Division or licensed wildlife rehabilitator without prior approval.
F. Any DVM, licensed wildlife rehabilitator, full time employee of the Division, Peace Officer as
defined in 33 -1- 102(32) C.R.S., Animal Control Officer or anyone else authorized by the Division
may euthanize injured wildlife when such person determines that no other reasonable action
would be practical, humane or effective for the rehabilitation of the wildlife.
G. Factors that shall be considered in determining what action should be taken relative to injured
wildlife include:
1. Type, extent and severity of injury(ies).
2. Physical condition of the injured wildlife.
3. Any other relevant factors which show that no other reasonable action would be practical or
effective for the rehabilitation of the animal involved.
H. Any person euthanizing wildlife using chemical agents which have the potential to cause
secondary poisoning must provide for appropriate burial, incineration, or other lawful disposition
of such wildlife.
Except as provided below, it shall be unlawful to use leashes and tethers in the rehabilitation of
wildlife. Creances for flying raptors in rehabilitation may be used only for sound biological
reasons under the supervision of a veterinarian approved by the Division. Creances shall not be
used as a substitute for flight cages for pre - release training and exercise.
#1406 - RELEASE OF WILDLIFE
A. All rehabilitated wildlife shall be released in appropriate habitat as close as possible to its place of
origin, within 10 miles of that location, or as otherwise required to comply with any special
conditions of the license, or at a site approved in advance by the Division except that any
member of the family Cervidae taken for rehabilitation to a rehab facility in a Game Management
Unit where at least one confirmed case of CWD has been documented must be released in
appropriate habitat in the Game Management Unit where the rehabilitation facility is located.
B. All rehabilitated wildlife shall be released as soon as it has reached physical maturity and /or has
attained full recovery from injury or illness, or as soon thereafter as the time of year is ecologically
appropriate. In no case shall any wildlife be held longer than one year without prior Division
approval based on sound biological reasons.
#1407 - RESTRICTED SPECIES
A. Any rehabilitator licensed for State or Federally listed threatened or endangered species must
notify the Division within 48 hours after receiving, after release, and prior to euthanasia of these
species.
B. Applicants for authorization to rehabilitate spotted skunks, hognosed skunks or any bats must
show evidence of current pre- exposure rabies vaccination with demonstrated titers. If authorized,
the licensee must not allow unvaccinated individuals to contact skunks or bats in rehabilitation.
C. The rehabilitation of striped skunks is prohibited.
D. Any member of the family Cervidae taken for rehabilitation from a Game Management Unit where
at least one confirmed case of CWD has been documented must be rehabilitated in a
rehabilitation facility located in a Game Management Unit where at least one confirmed case of
CWD has been documented. If such a facility is not available, the animal shall be euthanized.
10
11/14/2013
Basis and Purpose
Chapter W -14 -Wildlife Rehabilitation
Basis and Purpose:
The statements of basis and purpose for these regulations can be viewed and copies obtained from the
Colorado Division of Wildlife, Office of the Regulations Manager, Policy and Planning Unit, 6060
Broadway, Denver, CO 80216.
The primary statutory authorityfor these regulations can be found in § 24 -4 -103, C.R.S., and the
state Wildlife Act, §§ 33 -1 -101 to 33 -6 -209, C.R.S., specifically including, but not limited to: §§ 33 -1-
106, C.R.S.
EFFECTIVE DATE - THESE REGULATIONS SHALL BECOME EFFECTIVE JANUARY 1, 2014 AND
SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL REPEALED, AMENDED OR SUPERSEDED.
APPROVED AND ADOPTED BY THE WILDLIFE COMMISSION OF THE STATE OF COLORADO
THIS 14 DAY OF NOVEMBER, 2013.
APPROVED:
William Kane
Chairman
ATTEST:
Chris Castilian
Secretary
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EXHIBIT 3: Director Determination
From: Kenneth Johnstone
Sent: Monday, March 10, 2014 4:41 PM
To: Black, Mandy
Cc: Lauren Mikulak; Meredith Reckert
Subject: RE: Wildlife Rehab - Wheat Ridge Follow Up
Ms. Black,
Thank you for your inquiry regarding the permissibility of wildlife rehabilitation at your property. I
have reviewed you descriptive letter as well as applicable sections of municipal code and affirm the
previous determination that the use as described is not permitted on a property with R -2 zoning,
such as yours.
R -2 zoning is intended for areas of low to moderate density housing and allows for only a limited
range of non - residential uses and accessory uses. While this e -mail is not intended to be an all -
encompassing analysis of that determination, I did want to note a few of the more compelling
factors leading to that determination, for you to be able to better understand the City's rationale.
• Household pets are allowed as an accessory use, with limitations on their numbers. Pets are
described generally as dogs and cats and it is difficult to stretch that general description to
something commonly known as a wild animal.
• Dog kennels, catteries and veterinary hospitals are not permitted in residential zone districts
based on their omission from the list of permitted uses in Code section 26 -204. Further, in
the home occupation section of the Code at 26 -613, animal hospitals, kennels and animal
grooming are specifically not permitted as home occupations. Further, all home occupations
must be conducted entirely indoors.
• 1 understand that you do not believe your proposal constitutes a business /home
occupation, given the volunteer nature of the work. However, we believe the restrictions on
home occupations are more related to the character and compatibility of the non-
residential activity on residentially zoned properties, as opposed to whether or not
compensation is involved.
• 1 have also considered your suggestion that your proposed operation be treated as similar
to what we classify as small animals and poultry in Section 26 -606. However, the animals
used as examples in our Code include rabbits, chinchillas and various poultry, which all tend
to have more domesticated qualities and /or food value. These examples do not include any
parallels to the raccoons and fox that you use as examples, which in my mind are generally
perceived as more clearly wild animals or wildlife.
I hope this assists you in understanding our determination and please let me know if you have
further questions. Thanks.
Ken Johnstone, AICP
Community Development Director
Office Phone: 303 -235 -2844
City of
r Wheat Nigie
COMMUNITY ( IMML)PMGN1
EXHIBIT 4: City Adopted Plan
CITY OF WHEAT RIDGE
OPEN SPACE MANAGEMENT PLAN
P m a y
City of Wheat Ridge
Parks and Remeation Department
ERO Resources Corporation
October 20W
Note from Staff. The following is an excerpt from the City's Open Space Management Plan
which was adopted in 2002. It does not depend on the private keeping of wildlife animals.
6.0 Wildlife
Riparian habitats such as those found along Clear Creek are
productive biological systems. In an and setting such as the Front
Range, riparian areas naturally attract a multitude of animal species,
including many that are dependent upon wetlands for all or part of
their life cycles. Riparian areas, even naturally patchy ones, can form
corridors that link many different habitat types and wildlife
populations along the drainage gradient they occupy. This
connectivity is illustrated by the fact that even mountain lions and
black bears have been observed in the City of Wheat Ridge along the
Greenbelt (CNHP 2000; Fisher 2002). Although affected by habitat
fragmentation and urbanization, the reach of Clear Creek and
associated habitats within the Greenbelt support a diverse array of
wildlife. At the same time, it is important to note that management
actions, such as restoration and domestic animal control, taken at the
community level will support and may even increase the overall
variety and number of wildlife species within the Greenbelt.
The vegetation communities within the Greenbelt mapped and
described extensively by CNHP (2000) and described by MDG
(1995) provide forage and cover for a number of migratory and
breeding birds such as yellow warbler (Dendroica petechia), white -
breasted nuthatch (Sitta carolinensis), wood duck (Aix sponsa), northern
shoveler (Anas acuta), American kestrel (Falco sparverius), and screech
owl (Otus kennicottia). Sperger (1996) observed 44 species of birds, of
which 15 were confirmed breeding within the Greenbelt Birds, by
far, represent the bulk of the wildlife diversity within the Greenbelt
(MDG 1995; CNHP 2000). Small mammals such as deer mouse
(Peromyscus maniculatus), eastern cottontail rabbit (Sylvilagus floridanus),
and prairie vole (Microtus ochrogaster) should be abundant within the
riparian corridor as well as drier upland areas. However, live trapping
for the purpose of a population census suggests that native small
mammal populations and overall small mammal species richness in
the Greenbelt are very low (CNHP 2000). One explanation for the
paucity of native small mammals is competitive exclusion by non -
natives such as the house mouse (Mus musculus) and Norway rat
Wildlife Goal
Preserve wildlife and wildlife
habitat through proper land
stewardship that incorporates
strategies to enhance habitat
and minimize the land use
impacts on wildlife.
6 -1
Overall species richness of small
mammals along the Greenway is
low.
6.0 Wildlife
(Battus norregicus), although trapping results of non - natives are also
low. The abundance of human "commensal" species and domestic
and feral cats in the Greenbelt are likely the direct cause of the low
numbers of native and non- native small mammals and ground-
nesting songbirds (Paget 2002).
6.1 Human Commensal Species
As the urban area along the Front Range has grown, wildlife habitat
and many wildlife species have been displaced. Some species such as
striped skunk (Mephitis mephitis), spotted skunk (Spilogale putorius),
raccoon (Procyon lotor), and red fox (Vupes vupes) have adapted well
and actually thrive in and near urban areas. These species are often
referred to as human "commensal' species or those species that
derive some benefit directly from humans and human- altered
habitats. Red foxes are particularly abundant and easily observed
throughout the Greenbelt. Greenbelt visitors and residents in the
surrounding area are known to feed red foxes (MDG 1995; CNFIP
2000; Cole 2002), which probably accounts for their unusually high
numbers within the Greenbelt. The density of red foxes is several
times higher than the typical densities in other similar habitats.
Clearly, the red fox presents a major threat as a predator of native
small mammals and ground - nesting songbirds in the Greenbelt
Intentional or inadvertent feeding of commensal species is often the
major cause of wildlife conflicts. Feeding red foxes also can
inadvertently attract other large predators, such as coyote. Because
of its adaptability, the coyote is presently one of the few mammals
whose range is increasing despite increasing human impacts on its
habitat. Since 1997, coyote have become more frequent visitors
along the Greenbelt (Fisher 2002). Over time, coyote or other
predators, such as bears and mountain lions, become less wary and
more emboldened. They are more apt to attack pets and people, and
when that happens, the bears or mountain lions usually are destroyed
to ensure public safety.
In Colorado, feeding or attracting big game wildlife is illegal. The
prohibition applies to deer, elk, antelope, mountain goats, bighorn
sheep, mountain lions, and bears. An additional regulation that fines
property owners for failure to remove bear attractants became
6 -2
Feeding red foxes can
inadvertently attract
other large predators,
such as coyote and bear.
6.0 Wildlife
effective on May 1, 2002 (DNR 2002). Some municipalities, such as
the City of Fort Collins, have enacted additional limitations on
feeding wild animals (see Fort Collins Municipal Code § 4-73) in an
effort to reduce potential human- wildlife conflict as described above.
6.2 Domestic and Feral Cats
Domestic and feral cats also pose a significant threat to wildlife in the
Greenbelt. According to the American Bird Conservancy (2001),
there are an estimated 66 million pet cats and 40 to 60 million free -
roaming cats in the United States. Studies of the feeding habits of
domestic, free - roaming cats show that approximately 60 to 70
percent of the wildlife killed by cats are small mammals, 20 to 30
percent are birds, and up to 10 percent are amphibians, reptiles, and
insects (American Bird Conservancy 2001). Where documented,
their effect on wildlife populations in suburban and rural areas
directly by predation and indirectly by competition for food appears
enormous. In the United Kingdom, Churcher and Lawton (1987)
estimated that Britain's five million house cats take an annual toll of
some 70 million animals and birds. A study in Wisconsin provides
some indication of the extent of cats' impact in the United States. In
a four -year study of cat predation in Wisconsin, coupled with data
from other studies, Coleman and Temple (1996) estimated 39 million
bird kills per year in Wisconsin. Many of the species killed are
ground - nesting grassland birds, such as killdeers and sparrows, or
birds that often feed on the ground, such as robins.
Free - ranging cats also may transmit diseases to wild animals.
Domestic cats have spread feline leukemia virus to mountain lions
and may recently have infected the endangered Florida panther with
feline distemper. Unvaccinated domestic cats can also transmit rabies
and toxoplasmosis to people.
6.3 Beaver
By the early 1900s, beavers (Castor canadensis) in North America were
almost exterminated due to trapping and draining of lands for
agriculture. Estimates of the current population are as low as a few
percent of those present prior to European settlement. Nonetheless,
as beavers reclaim some former territory, such as the riparian area
within the Greenbelt conflicts with humans arise. Because they
6 -3
6.0 Wildlife
breed only once a year and require streamside habitats, and because
two -year -olds leave home each spring to find their own territories,
beavers rarely overpopulate. They are limited to a small fraction
(often just a few percent ) of the landscape area that is close to
waterways. Given the species' benefits in creating vital wetlands, and
because removal is rarely a lasting solution, working with beavers
yields the best management results.
Beavers can be among the most beneficial of the City's wildlife. They
create favorable habitat for a variety of wildlife species including fish,
birds, amphibians, reptiles, and mammals. This variety of wildlife is,
in turn, valued for recreational, scientific, educational and aesthetic
purposes along the Greenbelt. Beaver activity also may be helpful in
retaining storm water runoff and improving water quality by trapping
sediment, nutrients, and pollutants. However, beaver activity could
potentially cause flooding of roads, trails, and wooded areas along the
Greenbelt Beavers also consume trees and shrubs, with impacts
often occurring suddenly and dramatically. The benefits and
detriments associated with beaver activity may coexist at a single
location. Because of the varying degrees of tolerance among
residents in Wheat Ridge to beaver activity, there is potential for
disagreements on how best to resolve beaver conflicts.
In its role as a steward of Wheat Ridge's natural resources, the Parks
and Recreation Department practices acceptance of, and tolerance
for, beaver activity as part of the City's natural environment and
works to foster this attitude among the public through education.
The Department recognizes beavers as a natural and desirable
component of the environment because of their contribution to the
quality and diversity of natural habitat. The Department also
recognizes that conflicts between beaver and humans may arise when
beaver activity impacts public health and safety, private property, or
public infrastructure. However, one function of Wheat Ridge's open
space is to provide habitat for wildlife. In most cases, damage to
trees on City -owned lands is accepted as part of having beavers. Not
only may damage to trees be acceptable, but also in some cases the
damage may be desirable. Beaver in essence can be used as a
management tool to remove undesirable trees and shrubs. By placing
steel wire around desirable native trees such as plains cottonwood
6 -4
Beaver create favorable habitat
for a variety of wildlife species
including fish, birds, amphibians,
reptiles, and mammals.
6.0 Wildlife
and peach leaf willow, beaver may remove unprotected, non - native
species such as Russian olive, crack willow, common buckthorn, and
tamarisk. This management action, integrated with additional weed
control measures, could facilitate species turnover to a more natural
community composition along the floodplain.
6.4 Outreach
In addition to maintaining species present in the Greenbelt and
utilizing restoration efforts as a means of enhancing wildlife habitat,
the City of Wheat Ridge should address known threats to wildlife
species in the area as a form of outreach. The City should consider
outreach activities with landowners that address this potential
conflict, as well as restrictions on feeding wildlife in the City and
domestic pets within the Greenbelt and on adjacent properties.
Outreach activities should be educational in nature and could include
recommendations such as keeping domestic pets inside or in a fenced
area, and declawing cats. Education and outreach activities are an
important component of wildlife management. Refer also to
Environmental Education and Outreach (Section 8.0).
6 -5
Education activities are an
important component of wildlife
management.
6.0 Wildlife
Goal
Preserve wildlife and wildlife habitat through proper land stewardship
that incorporates strategies to enhance habitat and minimize the land
use impacts on wildlife.
Management Objectives and Action Recommendations
Objective 1: Inventory wildlife populations that use the Greenbelt
and Lewis Meadows and monitor changes in their
frequency, distribution, and behavior.
Action: Coordinate wildlife surveys and studies with other
agencies to share information and efforts (Jefferson
County Open Space).
Action: Conduct surveys for mammals, fish, birds, reptiles,
amphibians, and invertebrates, in coordination with
system -wide survey efforts (e.g., Audubon Christmas
Bird Count).
Action: Initiate an annual butterfly census in July, create a
sighting checklist, and encourage public
participation.
Action: Encourage and conduct research that targets
inventories of vertebrate and invertebrate wildlife
species and assess impacts (e.g., recreation, urban
development, domestic animals) on wildlife
populations and habitat.
Action: Coordinate efforts with local agencies and volunteer
groups to make sure that wildlife sightings and
information are shared on an annual or biannual
basis.
Action: Maintain a wildlife database as a usable repository for
information and for analyses and make results
available to the public and land managers.
Objective 2: Protect and enhance important wildlife habitat and the
movement corridor along Clear Creek.
Action: Identify habitat enhancement needs and
opportunities.
6 -6
6.0 Wildlife
Action Continue habitat enhancement programs such as
restoring native plant communities, improving
wetlands, or enhancing cottonwood regeneration.
Action Maintain standing dead (snags) and down
cottonwood trees that do not present a public safety
hazard.
Action Enhance natural habitat or create artificial habitat on
a species- specific basis to encourage species of
concern (e.g., barn owls, bank swallows, cavity -
nesting birds).
Action: Coordinate habitat enhancement projects with
neighboring landowners who may be interested in or
affected by the project.
Action: Consult with the Colorado Division of Wildlife
during the planning of any significant wildlife habitat
enhancement projects.
Objective 3: Integrate wildlife population and habitat protection and
enhancement activities into other resource management
objectives and actions.
Action: Protect wildlife from short term activities such as
utilities construction or maintenance through
cooperation with the appropriate agencies.
Action: Use seasonal closures to protect sensitive wildlife
species where appropriate (e.g., voluntary temporary
closure of raptor or heron nesting areas).
Action: Work on along term fuel management plan with
specific resource objectives (see Vegetation section).
Action: Identify weed management priorities annually that
benefit wildlife habitat.
Action: Identify and provide natural and /or artificial habitat
on a species - specific basis for wildlife species to
assist with Integrated Pest Management (e.g., bat
roosts to assist in controlling mosquitoes).
6 -7
6.0 Wildlife
Action: In beaver activity areas, leave undesirable trees and
shrubs unprotected to allow them to be culled by
beaver.
Objective 4: Evaluate beaver activity to establish accurate
monitoring and evaluate effectiveness of management
techniques.
Action: Periodically assess the impact to public health and
safety, private property, public infrastructure, and
public parks and facilities.
Action: Based on impact assessment determine the type of
management action to take based on proven wildlife
management techniques, appropriate animal welfare
concerns, and applicable laws and regulations.
Objective 5: Integrate wildlife population and habitat protection and
enhancement activities into a program to eliminate
wildlife feeding.
Action: Implement an aggressive outreach program for
Wheat Ridge citizens regarding living with wildlife in
the City and along the Greenbelt.
Action: Partner with the appropriate agencies (e.g., Colorado
Division of Wildlife, Colorado Department of
Health, Colorado State University Cooperative
Extension) to conduct a biannual outreach program
aimed at discouraging wildlife feeding.
Action: Cooperate and work with the Animal Welfare and
Control Commission to draft a City ordinance
prohibiting the feeding of wildlife.
Monitoring
Action: Conduct routine surveys to document wildlife
populations and occurrences.
Action: Monitor changes in the condition of important
habitat areas and their use by wildlife.
6 -8
EXHIBIT 5: Applicant Appeal
Mandy Black
11781 west 46` Ave
Wheat Ridge, CO 80033
303 - 929 -9649
To: Board of Adjustment
Appeal - Interpretation of Wildlife Rehabilitation
Request for Residential /Agricultural Zoning
Request:
Treat orphan wildlife rehabilitation like small animals (Sec. 26 -606) and as domestic dogs /cats
harboring (Sec. 4 -34 (A)) for animals more than six months of age. All wildlife rehabilitators
must be approved by Colorado Department of Parks and Wildlife for proper licensing starting
with a provisional license and follow all learning plans and minimum standards.
Requirements:
• Must own home
• Home must be zoned residential or agricultural
• Approved for licensing through Colorado Department of Parks and Wildlife
• Follow Sec. 26 -606 for structures to house animals
Benefits:
• Direct access for Wheat Ridge Animal Control
• Ability to stay "in- house' within city limits when possible
• Public education
• Positive city news /growth
• Positive direction for Wheat Ridge to catch up with other cities codes /regulations
Examples of Denver Metro cities that allow wildlife rehab:
• Aurora Sec. 14 -8 https:// library.municode.com /index.aspx ?clientld =10331
• Arvada Sec. 14-
91 https: / /library.municode .com /index.aspx ?clientld= 19934 &stateld =6 &stateName= Colorado
• Westminster 6 -7 -12
(E) http: / /www.ci. westminster. co. us/ CityGovernment/ citycode /TitieVI /7Animals.aspx #12
• Denver City Sec. 8-
2 https: / /library.municode .com /index.aspx ?clientld= 10257 &stateld =6 &stateName= Colorado
• Boulder City Chapter 6 -1 -4 http: / /www.colocode .com /bouider2 /chapter6 -1.htm
Coding Examples:
• No person shall own or keep any animal for which a state license is required unless such
person possesses the appropriate license from the Colorado Division of Wildlife.
• Any wildlife rehabilitator licensed by the Colorado Division of Wildlife who temporarily keeps
raptors or wild animals within the city, when the purpose is to return the birds or animals to the
wild.
• A wildlife rehabilitator, falconer, or scientific collection permit holder currently licensed by the
Colorado Division of Wildlife, so long as such licensee or permit holder complies with all
applicable city Code and zoning ordinance provisions
Points to Review:
• Private wildlife rehab is 100% out of pocket as a volunteer and can work directly with a 501(c)3
• Rehabilitation of wildlife is not a petting zoo and animals will not be exposed to the public
• Wildlife is kept in locked cages at all times
• Property /cages are approved by Colorado Department of Parks and Wildlife
• There will be no negative impact upon the neighborhood or town of Wheat Ridge
• Wildlife rehabilitation is done in many other towns and cities throughout Colorado, with positive
results
• The goal of wildlife rehabilitation is to provide professional care to sick, injured, and orphaned
wild animals so ultimately they can be returned to their natural habitat
• Because of their training, wildlife rehabilitators can help concerned people decide whether an
animal truly needs help
• Rehabilitators can provide instructions on how to reunite wildlife families, keeping the safety of
the animals and the rescuers in mind, and they can suggest humane, long -term solutions when
conflicts arise between humans and their wild neighbors
Wildlife rehabilitation facilities are often times full and cannot take in more orphans; many times forced
to euthanize animals that would not be in the situation if not for humans. Private rehabilitation
specialists can assist larger facilities on the local level creating a healthier environment for not only the
people in the community but also the wildlife we know and love in Colorado. Turning the animal over to
a licensed /permitted wildlife rehabilitator as soon as possible is the best way to safeguard human and
pet safety while providing the wild animal with the best chance of survival.
Baby raccoon calls are coming in daily. Although we love the little babies, we love it even better when
they can stay with mom instead. Calling a rehabilitator immediately when you find babies of any kind
greatly increases the odds that mother and babies can be reunited(if they were ever separated at all).
Unless mom is known dead or babies are injured, weak, or in immediate danger, leave them where they
are and consult a professional before removing them.
Positive News in Colorado:
http : / /www.lamariedger.com /lamar- community- news /ci 25623223/cpw- recruits- volunteers-
help- transport- sick -in lured - animals
http: / /www.dailycamera.com /news /boulder /ci 25679975 /boulder- samaritan - rescues -2-
ducklings- struck -by -rock
http: / /www.dailycamera.com /boulder - county- news /ci 25589420 /boulder - countys- bunny -guru-
n u rses -i n i u red - rabbits - back ?source =ema i I
References:
Colorado Department of Parks and Wildlife
Jerrie McKee
District Wildlife Manager
303 - 880 -4089
Jerrie. m ckee(cDstate.co. us
Urban Wildlife Rescue
Jack Murphy
303 - 340 -4911
0 ack(cDurba nwildliferescue.org
VetweRX Animal Hospital
Bethany Yurek
303 - 454 -1800
BYurek @vetwerx.com
NWRA
National Wildlife Rehabilitators Association
http://www.nwrawildlife.org
WildAgain Wildlife Rehabilitation, Inc.
http://WWW.ewildagain.org
Colorado Department of Parks and Wildlife — Provisional License Guidelines
http: / /cpw.state.co.us/ Documents /RuiesRegs /SpecialLicenses /Wildlife Rehabilitation/W RProvisionaiGui
delines.pdf
Articles of Interest:
• http: / /www.nwrawildlife.org /content /can -i- keep- him -no
• http: / /www.nwrawildlife.org/ content /what - wildlife - rehabilitation
• http: / /www.ewildagain.org /wildlife rehabilitator record st.htm
[Note from Staff: The following images are an excerpt of those provided by the applicant. All 42 images are
included in the case file.]
WHEAT RIDGE BOARD OF ADJUSTMENT
CERTIFICATE OF RESOLUTION (Template)
RECOMMENDED Motion
CASE NO: WA -14 -09
APPLICANT NAME: Mandv Black
TYPE OF REQUEST: This request is an appeal of an administrative zoning determination
related to wildlife animal rehabilitation in residential zone districts. The appeal is a request for
an interpretation that would allow wildlife animal rehabilitation in residential zone districts based
on it being a similar use to the keeping of household pets and small animals and poultry as
defined in Sections 26 -123 and 26 -606 of the Wheat Ridge Code of Laws
WHEREAS, the application Case No. WA -14 -09 was denied by an administrative officer; and
WHEREAS, Board of Adjustment Case No. WA -14 -09 is an appeal to this Board from the
zoning code interpretation of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law; and
WHEREAS the relief applied for may no be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No.
WA -14 -09 be, and hereby is, DENIED,
FOR THE FOLLOWING REASONS:
1. Wildlife animals are not fundamentally similar to domesticated household pets as they
are defined in the Wheat Ridge Code of Laws.
2. Wildlife animals are not fundamentally similar to domesticated small animals as they are
classified in the Wheat Ridge Code of Laws.
3. The keeping and rehabilitation of wildlife animals is most similar to kennels or veterinary
hospitals which are allowed in agricultural and commercial zone districts, but are
explicitly not permitted in residential zone districts.
4. ...
WHEAT RIDGE BOARD OF ADJUSTMENT
CERTIFICATE OF RESOLUTION (Template)
ALTERNATE Motion
CASE NO: WA -14 -09
APPLICANT NAME: Mandv Black
TYPE OF REQUEST: This request is an appeal of an administrative zoning determination
related to wildlife animal rehabilitation in residential zone districts. The appeal is a request for
an interpretation that would allow wildlife animal rehabilitation in residential zone districts based
on it being a similar use to the keeping of household pets and small animals and poultry as
defined in Sections 26 -123 and 26 -606 of the Wheat Ridge Code of Laws
WHEREAS, the application Case No. WA -14 -09 was denied by an administrative officer; and
WHEREAS, Board of Adjustment Case No. WA -14 -09 is an appeal to this Board from the
zoning code interpretation of an administrative officer; and
WHEREAS, the property has been posted the fifteen days required by law; and
WHEREAS the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge
NOW, THEREFORE BE IT RESOLVED that Board of Adjustment application Case No.
WA -14 -09 be, and hereby is, APPROVED.
THE REQUEST IS APPROVED FOR THE FOLLOWING REASONS:
2. ...