Zoning, Property Rights, and the Public Good: Why Public Access Matters

Zoning can be a touchy subject—especially when it feels like a restriction on what someone can do with their own land. As someone who values personal property rights, I get that. But I also believe zoning, at its best, isn’t about limiting individual freedoms—it’s about protecting them through thoughtful balance.

Zoning exists to serve the broader community. Without it, a chemical plant or four-story hotel could spring up right next to your home. It helps ensure that development aligns with the character of an area and safeguards the rights of everyone—not just a select few. Done well, zoning strikes a balance between individual property rights and the collective good. These goals aren’t at odds; they’re meant to work in harmony.

That’s why, when we talk about the future of a site zoned as “RR” (Resort Recreation), it’s worth looking closely at what that zoning actually allows—and why it exists.

A “private club” is not listed anywhere in the table of permitted uses under RR zoning. So if someone wants to propose a resort, it needs to fall under “Recreational Facility” (Use Type 4100) or “Resort” (Use Type 4200). Here’s where it gets muddy: the definition of “Resort” in the code doesn’t explicitly say it must be open to the public—but the intent is clear.

The code describes a resort as having amenities like restaurants, event venues, and recreational attractions. It also refers to it as a “destination point for visitors.” That language implies a resort meant to welcome a broad base of guests, not a closed, members-only community.

This interpretation is reinforced by the very purpose of Resort Recreation zoning: “to provide new recreation opportunities in northern Utah and create destination resort options for the county.” A private club that restricts public access runs counter to that purpose. It would undercut the tourism potential, recreational value, and economic benefits that the zoning is designed to encourage.

At the end of the day, land use planning is about fairness. You have zoning restrictions on your property. So does your neighbor. So does almost everyone in the country—except for Houston, Texas, which famously has no zoning at all.

Preserving public access isn’t just consistent with RR zoning; it’s consistent with the principles of good planning and equitable development. Let’s make sure that the places we build serve the people they were meant to serve.

—Thank you for taking the time to consider this perspective.

Issues List

Key Issues

1. Piecemeal Development Approvals Before a Final Master Plan

Powder Mountain continues to seek approvals for individual projects — lifts, projects, etc. — without first completing a comprehensive, enforceable Master Plan.

At the April 3rd Planning Commission meeting, three separate developments are on the agenda:

• An art park in the Timberline area

• A replacement maintenance shed in the Timberline parking lot

• A new (private) lift in the Davenport area

Individually, these projects may seem reasonable. But taken together, they reflect a troubling pattern:

The original Master Plan was submitted in November of last year but has made little progress. The mountain's hand needs to be forced — without strong action now, the mountain will continue to advance projects one by one without delivering the comprehensive commitments the community deserves.

Each piecemeal approval reduces Cache County’s leverage to negotiate meaningful public benefits and protections.

Approving projects one by one — like “giving away bricks” before building the house — risks leaving the County powerless to secure public access, recreation commitments, and community benefits once all approvals are in place.

Without a comprehensive Master Plan, the developer has no incentive to deliver on broader obligations.

In Utah, once development agreements are approved, they are extremely difficult to amend or revoke, making it critical to secure strong conditions and enforceable exactions from the beginning.

2. The Previously Submitted, But Unapproved, Master Plan Lacks Critical Information

The Master Plan submitted by Powder Mountain in November 2024 (available on savepowdermountain.com) leaves key questions unanswered and fails to meet the needs of the community:

• It does not guarantee public skiing and year-round recreational access, despite zoning that calls for expanded recreation opportunities in Northern Utah.

• There is no clarification on which chairlifts will remain public and which may become privatized, making it impossible to evaluate long-term impacts on public access.

• Development plans in the Timberline and Sunrise areas could block or restrict public recreation corridors.

• The plan lacks firm commitments to hotel development and does not show how tourism revenue will be generated for Cache County (stated intent of zoning).

• No assessment has been provided on the potential sales tax impacts of membership-based models that reduce taxable public transactions (stated intent of zoning).

• Most concerning, the November submittal lacked a Development Agreement altogether, leaving a commitment to public access unaddressed and unenforceable.

3. Cache County’s Approach Leaves Weber County Residents Bearing Costs and Impacts

Powder Mountain is a key recreational resource for thousands of Weber County residents. Yet, current discussions have not fully considered the burden placed on Weber County taxpayers or the need for public access protections:

• Weber County will be responsible for providing essential services — including emergency response, road maintenance, and other infrastructure — for homes in Cache County, without adequate influence in the planning process. As you may know, very few Cache County residents ski/board at Powder Mountain, so recreational access is not top of mind for these decision makers.

• The current Weber County development agreement guarantees public access to Powder Mountain amenities. Similar protections have not yet been secured on the Cache County side.

• A future interlocal agreement between Cache and Weber counties will be required to enable this cross-county development. The Weber County Commission will need to approve this agreement and must use its leverage to demand enforceable public recreation protections that primarily benefit Weber County residents.

• Without strong representation from Weber County, there is a real risk that the county’s taxpayers will be left subsidizing services for a resort that could ultimately restrict public access.

• A planned roadway connection between Cache and Weber counties — outlined in Weber County’s 2014 Master Plan — will make Powder Mountain an even more significant recreation resource for residents of both counties. This future connection underscores the urgency for firm, enforceable public access guarantees and strengthens the case for Cache County to prioritize publicly accessible recreation over privatization.

4. Weber County Is Not Enforcing Its Existing Development Agreement with Powder Mountain

Despite an existing development agreement requiring that all recreational amenities remain open to the public, Weber County is not actively enforcing this commitment:

• The current agreement mandates public access to all amenities — including the Village and Mary’s — yet access remains limited or unclear in practice.

• This lapse in enforcement undermines public trust and signals to the developer that agreements can be ignored without consequence.

• As Powder Mountain pursues new development on the Cache County side, failure to uphold the existing agreement sets a dangerous precedent for future projects.

• Weber County must immediately take steps to enforce its existing agreement — both to protect the public’s right to access and to establish credibility in any future interlocal negotiations.

Protect Public Access at Powder Mountain—Your Voice Matters!

The future of Powder Mountain is at a crossroads. The submitted Master Plan for Powder Mountain Ski Resort raises serious concerns about public access, recreation, and the economic benefits to the county. As it stands, this plan lacks the necessary details and commitments to ensure that the resort remains an asset to the entire community—not just an exclusive playground for a select few.

The Planning Commission and County Council are currently reviewing the proposal, and now is the time for all of us who care about public access to Powder Mountain to speak up!

What’s Wrong with the Current Plan?

No Clear Public Access Plan

Despite zoning requirements designed to expand recreation opportunities, the Master Plan:

• Fails to guarantee publicly accessible areas for winter recreation.

• Does not specify which chairlifts may be privatized, making it impossible to determine if public access will be maintained or reduced.

• Introduces “development fingers” in key areas that could create physical barriers to public access, further restricting recreational opportunities.

Uncertain Economic Benefit to the County

The zoning is intended to boost tourism and generate revenue, but the plan lacks transparency and raises several red flags:

• The financial projections appear unrealistic and misaligned with actual market conditions.

• The hotel development timeline is speculative, with no firm commitments, making it uncertain whether the resort will deliver its promised economic benefits.

• There’s no analysis of how privatized recreation and membership models could reduce taxable transactions, limiting county revenue from sales tax.

No Development Agreement to Protect Public Interests

Perhaps most concerning, there is no proposed Development Agreement to enforce public access or prevent future changes that could shut out the community. A proper agreement must:

• Guarantee public access to winter skiing and summer mountain biking.

• Ensure that all existing chairlifts remain public with equivalent access if relocated.

• Cap access fees so they remain affordable and not tied to property ownership.

• Prevent artificially inflated membership pricing that could reduce taxable property values and county tax revenue.

  
  

Now Is the Time to Act!

The Planning Commission and County Council will decide whether this plan moves forward. Without enforceable public access provisions, economic transparency, and a binding Development Agreement, the future of public recreation at Powder Mountain is at serious risk.

How You Can Help:

• Make Your Voice Heard! Visit the Contact Decision Makers page and send a message urging them to demand a better plan—one that protects public access, ensures economic benefits for the county, and holds developers accountable.

• Read the Master Plan. It’s available under "Backup Documents" on our website.

• Share this post with your friends, family, and community members who care about keeping Powder Mountain open to the public.

  
  

This is our chance to stand up for fair access, responsible development, and the long-term future of Powder Mountain. Let’s make sure our voices are heard before it’s too late!

🔗 Take Action Now: https://www.savepowdermountain.com/contact-decision-makers