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Submitted by Charlene Brown, Torrance County
Torrance County’s Conservation District is not just a unique zoning area; it’s a promise—a promise to protect and preserve areas within Torrance County through limited access, minimal development, and limitations on water resources. The Torrance County Zoning Ordinance defines the area as a fragile environment and home to abundant native wildlife populations. Dispersed, very low-density residential development and low-intensity agricultural activities are allowed. It’s a place of inspiration, rich in history, and it offers a connection to the land for those who choose to make it their home.
On June 25, 2025, the Torrance County Commission voted to alter a 150-acre area in the Conservation Zone permanently. They approved changes to an existing Special Use Permit that will now allow any event, regardless of size, to be held at any time. This decision will have a profound impact on the local community, resulting in increased noise, traffic, and disruption to the natural habitat. Manzano Mountain Retreat, a local business, has held a Special Use Permit for a Sports and Wellness Camp since 1997. New business operators requested zoning changes, focusing on two specific changes.
The first request aimed to extend the current Special Use Permit for a Sports and Wellness Camp to encompass activities outside its original permitted uses, enabling events like weddings, rock concerts, circuses, a gun range, and more—without size, timing, or noise restrictions. An argument was made suggesting that some non-conforming events, such as weddings and concerts, should be “grandfathered” due to having occurred in the past.
Traditionally, ‘grandfathering’ refers to the practice of allowing non-conforming uses that were legal when they were established to continue, even if current regulations no longer permit them. For example, if a new ordinance bans grocery stores on a particular property, the existing grocery store may be “grandfathered” in and allowed to continue operating. Nevertheless, many modern regulations have moved away from this practice, viewing it as problematic due to the ambiguity it introduces.
The Torrance County Ordinance concerning ‘grandfathering’ states that while it may allow these nonconformities to exist temporarily, it does not support their indefinite survival. The ordinance further clarifies that uses not conforming to current regulations should not be increased or expanded. Allowing the continuation of these nonconformities can encourage the persistence of nonconforming uses that could harm communities. Encouraging non-conforming uses is not in the spirit of the Torrance County Zoning Ordinance.
The second request sought to expand the existing and new uses to a separate non-contiguous property. Zoning entitlements are tied to specific properties, not applied to another property.
Many of my neighbors and members of the Torrance County Commission are unaware that approving these two requests would not just change our community, but potentially harm it. This situation could be classified as a regulatory taking, a right protected by the U.S. Constitution, which is against the law. It’s crucial to understand that poor decisions and amateur interpretations made by the Torrance County zoning staff are not just harmless errors; they can cause significant harm to our communities and enable businesses to exploit these misinterpretations under the misguided belief that ‘any business development is good.’
Zoning regulations are being misinterpreted, and Torrance County, along with any East Mountain communities, cannot afford to overlook the potential risks and dangers associated with them. The first step toward improvement is to ensure that our zoning regulations are in the hands of qualified individuals with the appropriate education and experience. This will provide reassurance and confidence that planning and zoning regulations are being effectively applied and sound advice is being provided to Councils and Commissions.
Charlene Brown is a licensed architect with over 20 years of experience in the design and construction industry. For the past 15 years, she has worked as a planner with various governmental agencies.
