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Dear friends, family, guests, visitors, and supporters, 

Since February 2025, Fort Austin has been facing serious challenges that threaten not only our agriculture, agribusiness and agritourism operation, but threatens the future of small farms across Delta County. Actions taken by the Delta County Planning Department under the new, poorly written, land use codes have jeopardized our ability to operate, caused a significant decline in revenue, and raised concerns about whether long-standing agricultural properties can continue to function at all.

Fort Austin is not alone. Other small agritourism operations, including Sage View Ranch, Zen Zen Gardens, and others, are facing similar enforcement actions. And you may be next.  And please understand; the issues mentioned below are only the tip of the iceberg. There are many more errors, mistakes, omissions, and malfeasance perpetrated in this egregious example of government abuse and overreach.  And we have documentation to verify every claim we make.

Fort Austin has operated for more than a decade as an agritourism property starting in 2014, before the 2017 Specific Development standards, the 2018 Delta County Master Plan, or Colorado Agritourism Guidelines were even adopted.  Ironically, even though we were in operation long before these standards were developed, our cutting-edge model closely mirrored their basic concepts.  All of our cabins and agritourism stays were under construction or completely finished prior to January 2021, when the first land use codes were adopted. Those codes include clear "grandfathering" provisions that allow legal non-conforming uses to continue. Despite this, the Planning Department has refused to even discuss Fort Austin’s legal non-conforming status.

The enforcement process itself has been deeply troubling. The Delta County Land Use code outlines a complaint-based enforcement procedure.  Delta County Planning personnel tricked a vulnerable senior citizen, who lives 13 miles away, into signing a blank complaint form, he then filled in a nonsensical "complaint" and then used that form to start aggressive and unethical enforcement action against Fort Austin.  And Fort Austin was not even listed on the "complaint" at all. (See exhibit labeled Sage View Ranch Complaint) In addition, the code clearly requires a site visit that has never been conducted. Instead, enforcement decisions were made based on misinterpretations of our website and misuse of satellite imagery. Common agribusiness terms were misunderstood, leading to false accusations from County Planning about campgrounds, RV parks, lodging, and events—none of which accurately reflect the operations of Fort Austin.

Key evidence was also ignored. Aerial photographs clearly showed cabins in place by mid-2021, yet images dated much later were used in official determinations by the Planning Director. 

Even long-standing infrastructure has been challenged. Fort Austin’s driveway has existed since 1961 and safely carried far heavier traffic in the past. Despite no change in land use, Delta County Planning suddenly reported our driveway to CDOT as unlawful without evidence, opportunity for rebuttal or due process.  When Colorado Westmoreland Coal Company owned the Fort Austin property, they used it for short term stays for executives, office space, parties, gatherings, meetings, company housing, equipment storage, fruit production and much more. 

Perhaps most concerning is a broader statement made by County officials: that any monetary exchange on a farm constitutes “commercial activity.”  "But “agritourism” is a broad term that could include many commercial activities (e.g., farm festivals, u-pick operations, petting farms, outdoor recreation, wedding events, guest ranches, retail shops, etc). And if they involve remuneration, then they are commercial."   If unchallenged, this interpretation would threaten farm stands, u-pick orchards, petting zoos, 4-H projects, County Fair livestock entrants, and countless small agricultural operations that rely on modest income to survive.

At stake is a fundamental question: Is agritourism agriculture, or is it commercial? The answer will shape the future of farm families in Delta County.

Decisions like these affect every property owner. The ability to use your land responsibly and sustainably has been eroded. Fort Austin, Sage View Ranch, and Zen Zen Gardens are standing at the front of this issue—not just for us, but for the future of small farms across our community. There is not a single property in Delta County that can be purchased and then paid for selling the ag products grown on that land. Nearly every small farm has at least one member of the family working off the farm, depending on other income, living on retirement income, or earning extra income from agribusiness or agritourism.

Thank you for standing with us.  Please help us reverse this trend.  Delta County is quickly becoming a place that is impossible to start and conduct business. But it could be a place where agritourism is embraced and supported instead of being sabotaged by the County.  Delta County could be a place where visitors come in droves, spend their money, learn about small farms, experience a small slice of our agriculture lifestyle and then go back to their city life.  

Please save the date and come to the appeal hearing scheduled for 5:30 on January 22, 2026, at 560 Dodge St. in Delta.  The County Planning Department alters legal documents, ignores due process, ignores their own land use code procedures, unethically enforces their code and aggressively tries to shut down existing agricultural operations, what are they going to do to you, your kids, or your grandkids?

If you can't attend in person, please log onto  County Meetings: Agendas // Virtual Participation // Recordings  | Delta County, CO - Official Website and click on Board of Adjustment Meetings Zoom registration to observe the presentation and share with everyone you know who values land freedom, fair treatment and the rule of law.

Please send an email by January 12 to the Delta County Planning Director, Shawn Gardner.  Scgardner@deltacountyco.gov    Please cc or bcc copy me on your email, we want to be sure what you say is not "lost".  Say whatever you need to say.

If you have questions, please feel free to email or call me at 719-338-4146. 

Tim Austin