Commission Rules They're Above the Law

The Taos County planning commission ruled against the advice of senior county planner Edward Vigil, who had recommended denials for all three applications by Taos Wind Power: the height variance, landscaping variance and the major use permit. In his assessment Mr. Vigil said that the application could not fall within the county's land use regulations, especially the visual compatibility and "use compatibility"regulations, since it clearly was not compatible with the existing residential area. He also said the the applicant would not be able to meet all five regulatory criteria for either of the variances which are mandatory for being approved.

Despite his recommendation, the commission voted 5-2 in favor of approving Taos Wind Power's preliminary application with 31 conditions to be met before final approval is given. Those conditions were not enumerated at the public hearing, so we don't know what they entail. Eugene Sanchez and Ben Tafoya stressed the importance of obeying the existing land use regulations and going with Mr. Vigil's advice, but were outvoted.

We noted that two of the more outspoken commission members who had previously expressed numerous objections to the application were silenced this time around. Bill Thomas and Dennis Vasquez duly voted in favor of the project without offering any critique or asking the applicant any probing questions. Mr. Thomas did say he'd like one of the supposed 14 permanent jobs paying $80,000 per year. Their votes left more than one audience member wondering what might have happened since the last planning hearing to change their minds. Since they didn't venture to explain, we'll just have to assume the worst.

The commission was reminded repeatedly by Mr. Vigil and the assistant county attorney Bob Malone, as well as Chairman Ortiz that their decision would have to show a finding that all criteria for granting the variances had been met.

Nonetheless, the commission chose to disregard the county land use regulations and "give them a chance" to go ahead with this "innovative" project, which they reasoned was above the law since it was new and different, and therefore did not have to comply with regulations which Mr. Rudy Pacheco said "change all the time" anyway. "I write the laws", he continued after the meeting adjourned.

Land use regulations are institued to safeguard our health, safety and welfare. We are supposedly a nation of laws, with everyone afforded equal protection under them.

But tonight the worst of modern America was on display. Entitlement, arrogance, cronyism and ignorance ruled, while our regulatory protections were stomped on. We thought tonight was going to be about Taos Wind Power, but it turned out to be about one very broken regulatory system. Will the last one out the door please turn off the lights?

(edited 12/12 for accuracy and grammar)