Noticias

Ophir, CO–For mountain communities, avalanche hazard poses a unique problem. Historically, humans have built in avalanche zones — from high-country mining camps to record-breaking snowpack — there’s always been risk living among the mountains. For the town of Ophir, Colorado, the community is trying to find a balance between building, avalanche risk, and protecting those who call it home.

Modern building in avalanche zones is based on mitigating risk. Since the advent of avalanche science in the mid-1970s, communities have begun to measure where and how big avalanches may occur. This led to avalanche zoning — a science-based approach that either restricts or requires private property owners to build to withstand the predicted avalanche impact pressures a residence may experience if hit by an avalanche.

Today, if a property owner wants to build in a designated avalanche impact zone in Vail, the owner must determine, at their own expense, the specifics of avalanche magnitude that the property may experience. If the impact pressure exceeds a certain level — indicating a high hazard — the owner simply cannot build. However, if the property falls within a moderate hazard zone, building is allowed as long as the structure is engineered to withstand the force of an avalanche.

In Ophir, however, avalanche zoning is more complicated. Before 2008, properties were allowed to be built in the designated moderate hazard zone. Since then, construction has only been allowed in the “green” or no-hazard zone. Ophir’s avalanche zoning maps, resembling a stoplight of hazard, are primarily based on a study from 1974.

Not everyone agrees with the conclusions of that 1974 study. Since 2019, a landowner in the northwest corner of Ophir has attempted to build on empty lots they’ve owned since the 1960s. The landowner asserts that the lots — currently zoned as high hazard — shouldn’t be classified as such, citing alternative studies. Amidst threats of legal action, the town is figuring out how to best navigate the nuanced science behind avalanche zoning.

An ordinance was recently introduced to allow building in the moderate hazard zone — a step that would align Ophir with most other mountain communities. The ordinance is currently in front of the General Assembly after a split vote in the Planning and Zoning (P&Z) Committee on March 12.

Committee member Mark Rosenthal addressed the lack of definitive evidence regarding destructive avalanches in Ophir.

“So we don’t have any definitive knowledge, word of mouth,” Rosenthal said. “So for me, I would say no, we currently don’t have any factual evidence that this thing that we fear so much here in town has ever actually occurred where we are currently permitting people to live in what we call the residential zone.”

Mayor Andy Ward also acknowledged the uncertainty, reflecting on stories from the past.

“You hear, and it’s all hearsay — some of the people said back when people said there was more snow,” Ward said. “Back in the ’70s, when we had that 50th gathering here, they were talking about slides that seemed to come up to their porches, from what they were talking about. It’s not an exact science — there’s so many variables, it’s hard to pin things down.”

The ordinance to allow building in the moderate hazard zone would open up significant portions of Ophir that were previously off-limits to development. However, ensuring confidence in avalanche risk assessments remains a challenge.

Rosenthal voiced concerns about the conflicting interpretations of risk data.

“I guess I wanted to express my discomfort that we’ve had different experts look at the same thing in different ways and have come up with different conclusions,” Rosenthal said. “We don’t have confidence intervals with these estimates of risk that we’re drawing very fine foot-long lines between the middle of people’s homes. And this is a big deal for the town — we’ve spent a lot of time, money, and may be spending a lot more going forward based on questionable terminology of low risk, high risk, medium risk.”

P&Z committee member Allyn Hart pushed to drop the ordinance entirely during the March 12 meeting.

“Just listening to Mark, I think pursuing the ordinance change is actually a dangerous direction,” Hart said. “Maybe at this point, I would be for dropping the ordinance. I’m not saying we could never do it, but it’s not a good idea to put first. We have other options, and if those don’t work, we could look at maybe some other options. But I think we’re causing a lot of future problems for ourselves if we allow building in a moderate avalanche zone.”

The ordinance went to its first reading at the March 18 General Assembly meeting, but the vote was postponed. As for Ophir homes built in the moderate hazard zone prior to the 2008 prohibition, they remain standing. Which maps to follow and where to build in the future will ultimately be decided by the General Assembly — a voting body of the entire town — this summer.