Yuma County to look at ‘dark skies’ ordinance

The Yuma County Board of Supervisors will discuss the possibility of a “dark skies” ordinance when it meets Monday, after getting a legal opinion from the county attorney’s office that adopting such lighting restrictions could leave the county liable for damages under a voter-approved state proposition.

Deputy County Attorney Ed Feheley said 2006’s Prop. 207 entitles landowners to seek compensation from any local government jurisdiction if it adopts regulations that decrease the value of their property. When lighting is concerned, this could include the projected costs of future lighting systems or engineering requirements, demonstrating compliance, and the future commercial costs of curfew requirements, Feheley wrote in an opinion included with the staff report.

“Note that Prop 207 does not bar the county from adopting these proposed regulations; instead, it transfers the cost of the regulations from the land owners to the county,” Feheley said.

Seven Arizona counties have dark sky ordinances, intended to reduce light pollution which obscures the view of the night sky. But only Santa Cruz County has adopted one since Prop 207 was passed. Several locations in the state have been certified by the International Dark Skies Association as “International Dark Sky Places,” including Grand Canyon National Park, Sedona, Flagstaff and Camp Verde.

A map provided by staff shows that the land which would be affected by a Yuma County ordinance would be mostly limited to a band of parcels along Interstate 8 and the Gila River. It would not apply to the four incorporated municipalities, any federal or state-owned property, or agricultural land exempt from the county zoning ordinance under state law.

The meeting will begin 9 a.m. Monday at the Board of Supervisors’ Auditorium, 198 S. Main St., Yuma. Other items on the agenda include:

• An $898,484 contract with Dibble Engineering for engineering and construction services for construction of the Smucker Park Detention Basin.

• A $260,870 contract with Merill Walker Builders for renovation of the Human Resources and Office of Management and Budget at the County Administration Building, 198 S. Main St. Funds totaling $112,300 are proposed to be transferred from three other capital improvement projects for the contract.

• Discussion and possible adoption of the county’s legislative proposals for the 2020 state legislative session, to be submitted for approval at the County Supervisors Association to be held in October.

• A presentation on the Marine Corps Air StationYuma’s Air Installation Compatible Use Zone from Gabby Black, the base’s community and planning liaison officer.

The meeting will be televised on Yuma County’s cable Channel 77, and livestreamed and available for later viewing on www. yumacountyaz.gov.