I live in an unincorporated area of Caffee County known as Smeltertown. My property is at a dead end rural county road that Road and Bridge does not maintain. There is a side gate in a chain link fence adjacent from my property that surrounds an industrial lot. After 12 years of not being used, an unpermitted Storage Yard has moved in and is using the gate which has no driveway permit and will not meet the Land Use Code regulations to be permitted. Can use of this gate that has been sealed by the Fire Dept. be stopped?

Thank you for the question. Based on the facts and information as you provided them, the unauthorized gate use and unpermitted commercial storage yard potentially could be restricted or stopped through county, fire district, or legal action. However, determining the most effective approach depends on several key facts that should first be confirmed, including:

• Whether the Chaffee County Fire Protection District issued an official order or seal on the gate under life-safety codes, what it prohibits, and whether it remains active;

• Whether the commercial storage-yard operation has received the required county land-use, zoning, and site-plan approvals;

• Whether a County Driveway/Access Permit was required or issued, and whether the road is a non-maintained public right-of-way or a private access easement; and 

• Whether Chaffee County has determined that the access point fails to meet Land Use Code regulations.

Colorado counties generally have statutory authority to regulate land use in unincorporated areas - like Smeltertown. If the storage yard is operating without required permits or in violation of zoning codes, authorized county officials can issue stop-work orders or notices of violation. Additionally, 12 years of reported non-use may provide evidentiary context, though non-use alone usually does not automatically extinguish access rights under the law.

Given the brief summary of what you have provided, we also think it would be appropriate to verify if their closure directive or seal remains in effect and request an on-site inspection; confirm driveway access permit requirements for entering the county right-of-way; take photos or video exclusively from your own property or public areas; and keep all agency communications in writing.

We would need more information from you to assess whether a formal enforcement request or other action is available. Materials such as photos of the gate and traffic, the Fire Department notice or order, records showing the gate’s prior nonuse, and any County communications or permit information you have are helpful for that assessment. If you’d like to discuss the situation further and explore possible options, you can book a consultation online or call 303-688-0944.