An obscure loophole in Colorado's wildlife statutes is quietly turning protected open space into the ultimate low-stakes hunting ground. What those looking to exploit the rules are finding is that if they are willing to pay a slap-on-the-wrist level fine, they remain able to pocket their elk, and keep their license spotless in the process. With annual cases on the rise in one Colorado county, officials are growing concerned about the problem that is becoming the high-country's accidental "pay-to-poach" program.
The issue centers on county-owned open spaces in areas like Pitkin and Eagle counties, where lands have been conserved over the past two decades for habitat protection, recreation, and wildlife corridors. During the conservation process, counties then went around and slapped ‘no hunting’ signs on them, which unfortunately wasn’t enough to deter some from bending the rules. The loophole exists because these parcels don't neatly fit the state's Title 33 definition of "public land," and as such, Colorado Parks and Wildlife can't drop the hammer like they are able to just about everywhere else.
Under current rules, illegal takes on most public (state or federal) or private lands trigger serious consequences that can include hefty fines, forfeiture of the animal (such as an elk or deer), gear seizure, points against a hunter's license, potential suspension or revocation, and in extreme cases, long-term bans and jail time. On county open spaces, however, violators usually receive only a modest county fine—often around $500—and retain the animal with no impact to their hunting privileges.
Deer Creek Open Space | Pitkin County
“Apparently, they’ve got a huge problem with that, because somebody will illegally take an animal off of their open space, and they get fined by county code, and they just consider that a pay to play,” Levi Borst, a Pitkin County team member told commissioners on Tuesday. “You pay the $500 fine or whatever it is, and you still keep the animal. There are no hunting license violations, and that’s kind of the end of it.”
Eagle County reports roughly eight incidents per year of illegal hunting on its closed open spaces, prompting proactive steps. The county has submitted a policy proposal to Colorado Counties Incorporated, which has garnered broad support from other counties.
“To help curtail that behavior, in addition to education and outreach coupled with on-the-ground patrolling by our open space staff, the county is pursuing local and potential legislative solutions,” Justin Patrick, Eagle County’s Strategic Director of Communications said. “County staff met with Colorado Parks and Wildlife in August to determine the statewide scale of the problem.”
While Pitkin County has not yet seen major issues with the loophole as of yet, they are voicing their support to head off future risks, especially on shared or adjacent properties like Three Meadows, which is shared with Eagle County.
At the moment, no one has put pen to paper to either draft or propose legislation to button-up this loophole many believe has been left open for too long. That said, Eagle County’s proposal has its sights set on finding a way to better police these county open spaces similarly to how they are handled on public and private lands.
Given that the proposal seems to be unanimously supported across counties, it should eventually serve to remove the growing concern in elk country, where a seemingly small legal ambiguity could serve to undermine years of habitat work if left unchecked.
