Lake County commissioners approved a revised Mount Elbert MX motocross operating agreement at their February 3 meeting that transfers operational control to a private nonprofit and removes county oversight of track safety. Commissioners reduced High Country Tours’ requested ATV permit from 120 to 60 vehicles per day after receiving substantial public opposition. The board also approved the Timber Ranch Major Subdivision final plat and authorized several routine contracts including a five-year Patagonia Health software renewal and a $40,000 annual environmental education agreement with Cloud City Conservation Center. County Attorney Matt Hobbs said the changes limit county liability exposure. The revised agreement places exclusive control over track design, construction, safety, inspection, and operations with the operator, according to agenda materials. Public Works staff warned that increased ATV traffic could accelerate seasonal road damage, and commissioners said county routes are “at a breaking point.”
Motocross Operating Agreement
Commissioners approved amendments to the Mount Elbert MX operating agreement transferring operations from Mount Elbert Moto to Mount Elbert MX, a nonprofit organization. The revised agreement removes the Board of County Commissioners’ ex-officio seat on the Mount Elbert MX board and eliminates county involvement in safety decisions.
Hobbs said the changes limit county liability exposure. He said the existing operating agreement perhaps got the board too involved in the operation of the track, and if the board becomes too involved, people can claim the county should have known conditions were unsafe.
Hobbs noted the current liability waivers used by the operator did not include the county as a protected party.
ATV Tour Permit
Commissioners approved High Country Tours’ request to add summer ATV operations but reduced the daily vehicle limit to 60, half the company’s requested 120 vehicles per day. Commissioners said substantial public comment opposing the expansion arrived the morning of the meeting.
Public Works staff expressed concerns about road deterioration on County Roads 1, 2, 3, and 38. The routes are getting narrower and seasonal changes cause significant damage. Commissioners said the routes are “at a breaking point” and “maxed out.”
The approval creates different capacity limits among ATV operators. Leadville Off Road Adventures operates 23 machines per day, Leadville ATV operates 40 machines per day, and High Country Tours will now operate 60 machines per day. Commissioners acknowledged this creates an appearance of holding different user groups to different standards.
Commissioners said they hoped the board would have addressed ATV regulations through a work session before considering individual permits. Commissioners scheduled a comprehensive OHV regulations work session for February 24.
Timber Ranch Subdivision
Commissioners approved the Timber Ranch Major Subdivision final plat allowing up to 82 homes. Community Planning and Development Director Anne Schneider confirmed all conditions from the February 18, 2025 preliminary approval have been met.
Commissioners said traffic concerns at the Mt. Lincoln and Sewatch Drive intersection were never fully addressed but acknowledged the preliminary approval decision has already been made. Commissioners noted route-finding applications direct traffic through this intersection.
Public Comment
David Karner, owner of Climax Revival, spoke against a proposed moratorium on new conditional use permits, vacation lodges, and special event venues scheduled for the February 17 meeting. Karner recently subdivided property and needs a new conditional use permit for his retained 35-acre parcel.
Karner said the moratorium would be unfair to applicants in the pipeline and those who have successfully navigated the existing system. A resident endorsed Karner’s position during public comment.
Contract Approvals
Commissioners approved a five-year Patagonia Health electronic medical records software renewal showing 25 percent cost savings compared to annual renewals. The board also approved a $40,000 annual contract through 2030 with Cloud City Conservation Center for environmental education programs, fully funded by Great Outdoors Colorado grants.
Commissioners acknowledged receiving $62,112 through a Senate Bill 230 grant covering Summit Stage transit costs, described as beneficial during budget constraints.
Leadership and Recognition
Commissioners elected officers for 2026. Commissioner Andy Lee serves as chair and Commissioner Elsa Tharp serves as vice chair.
Commissioners acknowledged a Public Trustee quarterly report and approved routine consent agenda items including various professional service agreements.
Upcoming Meetings
The February 17 regular meeting will include discussion of the conditional use permit moratorium. The February 24 work session will address comprehensive OHV regulations.
Commissioners discussed potentially postponing the annual ski joring event to March 23, with a final decision scheduled for February 7.
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