Attorney General Weiser backs Costilla County in legal battle to stop Cielo Vista Ranch fence

March 4, 2025 (DENVER) – Attorney General Phil Weiser is supporting Costilla County’s right to enforce its land use laws, filing a court brief today to back the county’s decision to stop construction of a large, unauthorized fence on Cielo Vista Ranch (PDF download). Weiser’s filing urges the court to affirm the county’s authority to enforce zoning laws, arguing that the ranch owner has failed to prove a legal right to continue construction.

“Local communities like Costilla County have the power to decide how land is used, and their decisions must be respected,” said Weiser. “In this case, the county carefully followed the law in denying this request, acting to protect the community’s longstanding connection to the land and the traditions that depend on it. We have heard directly from residents about how this fence has disrupted their daily lives, cultural practices, and access to essential resources. We are standing with Costilla County and its residents to ensure their voices are heard and their rights are upheld.”

The Attorney General’s brief reinforces the broad authority Colorado’s General Assembly has given to local governments to regulate land use to protect their communities. Under these laws, landowners cannot get special exceptions to zoning rules unless they can prove that their use of the land was legal before the rules changed, a concept known as a nonconforming use. Even then, expanding a nonconforming use is only allowed if certain legal requirements are met.

The brief argues that Cielo Vista Ranch failed on both counts: it did not prove the fence was legally established before zoning changes, and it failed to show a right to expand the fence now. As a result, Costilla County was within its legal authority to deny the request.

This action builds on Weiser’s commitment to defending the rights of Costilla County residents. After hearing from local community members concerned about the fence’s impact, he visited the county last summer to see firsthand how the fence was disrupting their way of life. During that visit, he met with more than 100 residents, who shared personal stories about how the fence impacts their livelihoods and traditions.

In testimony before the House Committee on Agriculture, Water and Natural Resources last month, Weiser underscored the broader consequences of the fence at Cielo Vista Ranch, known locally as La Sierra. The fence blocks residents from exercising their historic rights under the Sangre de Cristo Land Grant of 1844, which guarantees them access to the land to graze livestock and gather wood. For generations, this land has been central to the community’s cultural and religious traditions. Beyond these concerns, the fence also threatens the environment by restricting wildlife migration and affecting local water sources.

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office | (720) 245-4689 cell
lawrence.pacheco@coag.gov