Our Planning System is Broken And Corrupt

The recent rezoning of land at Powder Mountain raises serious concerns about zoning integrity, public access, and the future of recreation in this area. The Cache County Planning Commission and County Council has approved a controversial and unlawful rezoning for Parcels 16-014-0005, 16-015-0006, -0012, -0013, -0014, 16-016-0004, -0015, -0016, and 16-017-0015, shifting these lands from FR40 (Forest Recreation, 40-acre minimum) to Resort Recreation (RR).

This decision violates key zoning regulations, ignores procedural safeguards, and undermines the intent of Resort Recreation zoning. As the Planning Commission works on Powder Mountain’s Master Plan, they must take immediate action to rectify these failures and prevent the erosion of recreational access to this unique area.

A Rezoning That Violates County Code

Under Cache County Code § 17.14.020(d), properties adjacent to an RR Zone must either:

1. Meet RR Zone requirements independently, or

2. Be incorporated into a Master Plan amendment of the adjacent RR Zone property through an agreement with a property owners' association.

The Planning Commission failed to meet either requirement:

• The rezoned property does not meet the 2,000-acre minimum required for an independent RR Zone and lacks the necessary ski lifts.

• The adjacent RR-zoned property does not have a Master Plan, making any amendment process impossible.

By approving this rezoning without meeting these legal conditions, the Planning Commission bypassed essential zoning safeguards. This decision sets a dangerous precedent, allowing zoning rules to be ignored and manipulated to suit private interests.

The Bigger Picture: Recreational Access and Zoning Integrity at Stake

Resort Recreation zoning was established to support recreational developments that contribute to tourism, economic growth, and accessibility. However, the approved rezoning does the opposite:

• It allows for a private ski club with restricted access, violating the intended purpose of RR zoning.

• There is no demonstrated public benefit, as required under Cache County Code § 17.08.030(G)(1). A private development catering to an exclusive membership base does not contribute meaningfully to local tourism or the economy.

• Infrastructure and emergency service plans were ignored—the County failed to secure interlocal agreements before approving the rezoning.

• The decision disregards environmental protections, placing a sensitive wildlife and watershed area—Monte Cristo—at risk.

Simply put: this rezoning benefits a private development at the expense of zoning integrity and recreational access.

What Needs to Happen Next

As the Planning Commission updates Powder Mountain’s Master Plan, they must take action to ensure that zoning remains meaningful and development aligns with its intended purpose. Specifically, the Master Plan must:

• Guarantee that access to the ski area and lift infrastructure—including all existing skiable terrain, lifts, and backcountry areas—is clearly defined and protected. This cannot be left open to interpretation.

• Set clear definitions for public access, including reasonable price caps, ideally indexed to inflation, to prevent exclusion through exorbitant costs. We don’t need $100,000 per year lift tickets.

• Enact stronger protections against further privatization, ensuring that Powder Mountain remains a viable recreational destination and does not become progressively more exclusive over time.

The Bottom Line

This unlawful rezoning has already been approved, but it’s not too late to demand accountability. The Planning Commission must address these failures in the Master Plan to prevent future zoning abuses and ensure that Resort Recreation zoning serves its intended purpose.

Recreational areas—whether publicly or privately owned—should remain accessible and aligned with zoning principles. The decisions shaping Powder Mountain’s future must reflect that priority.

Powder Mountain’s Development Agreement: What’s Happening to Public Access?

The 2024/2025 ski season marked a turning point for Powder Mountain. For the first time, Village and Mary’s lifts were privatized, restricting access to homeowners and members. This shift represents a dramatic departure from the commitments made in Powder Mountain’s Development Agreement with Weber County, which promised public access to recreational amenities.

Powder Mountain has long been a destination for outdoor enthusiasts, offering skiing, snowboarding, and other recreational opportunities. However, recent developments suggest a shift toward privatization, raising concerns about the future of public access.

The original Development Agreement, signed on January 13, 2015, between Summit Mountain Holding Group, LLC and Weber County, laid out clear commitments regarding how Powder Mountain should be developed. These commitments were based on the 2014 Rezone Application and Master Plan, emphasizing public access and community benefits. However, recent actions suggest that these promises may no longer be honored.

What the Development Agreement Says

The Development Agreement, along with its Second Amendment (November 1, 2022), includes several key provisions:

• Section 1.2: The commitments made in the Rezone Application and Development Agreement are legally binding, even if the property changes ownership.

• Section 1.4: The Rezone Application is on file at the Weber County offices, and any modifications to the agreement must be made in writing.

• Section 4.1: The Developer must develop the property according to the promises made in the Rezone Application and Master Plan.

Public Access & Community Benefits

The Rezone Application specifically emphasized public access and benefits for the broader community, including:

• Public Access: The Developer committed to keeping all recreational amenities, including ski and snowboard areas, open to the public. The approved Recreation Plan even outlined that areas served by Village and Mary’s Lifts would remain accessible.

• Public Benefits: The project was meant to provide expanded recreation, lodging, retail, and attractions that benefit both residents and visitors.

• Community Integration: The plan stated that new development would blend with the surrounding Weber County communities, ensuring continued public access to outdoor activities while minimizing disruption to existing neighborhoods.

The Reality: Privatization & Restricted Access

Despite these commitments, Summit Mountain Holding Group has moved toward a private, members-only model, directly contradicting the promises made in the Rezone Application and Development Agreement.

Key Concerns:

1. 2024/2025 Season – Lift Privatization Begins: The Village and Mary’s Lifts were privatized for the first time, cutting off public access and limiting use to homeowners and members.

2. Weber County’s Priorities: Instead of upholding the legally binding commitments established through a formal approval process with public input, Weber County appears more focused on the potential tax revenue from high-end real estate development. This shift prioritizes financial gains over the legal agreements made to ensure public access and community benefits.

What’s Next?

The shift toward a private, members-only model at Powder Mountain raises serious concerns about accessibility, affordability, and community impact. This approach contradicts the original commitments made in the Rezone Application and Development Agreement, setting a precedent for similar moves in Cache County if their master plan is approved.

As these developments unfold, the question remains: Will Powder Mountain remain a destination for everyone, or only for those who can afford to buy in?

A Critical Moment in our Future in Cache County

Powder Mountain has long been a publicly accessible, world-class ski destination, offering outdoor recreation opportunities to locals, visitors, and future generations. However, recent zoning changes have already stripped away 2,000 acres of skiable terrain that was once open to the public, and further privatization threatens to make the entire mountain exclusive to a limited group of members.

With this latest rezoning, we risk losing access to the Sunrise Lift, and over time, the mountain could become fully private, shutting out the community that has cherished it for decades.

Why This  is Wrong

1. Fails to Meet the Intent of Resort Recreation (RR) Zoning

• RR zoning was designed to increase public recreational opportunities and support tourism revenue in Cache County.

• Privatizing Powder Mountain directly contradicts this intent by reducing public access instead of expanding it.

2. No Public Benefit, Only Private Gain

• Cache County’s lack of zoning protections allows for gradual privatization without safeguards to preserve public access.

• This decision does not enhance tourism revenue or benefit local businesses—it only serves the interests of a select few.

3. Sets a Dangerous Precedent for Future Privatization at Ski Resorts Nationally

• Powder Mountain is a test case. If this rezoning is approved, it could encourage similar privatization efforts at ski resorts across the country.

• Everyone is watching. This decision will send a signal about whether public access to recreation areas can be sold off for private gain.

What We Demand

We call on Cache County to:

• Ensuring the Master Plan explicitly solidifies public access to both the underlying ski area and lift infrastructure—including all existing skiable terrain, lifts, and backcountry areas. Public access must be clearly defined, not left open to interpretation.

• Establishing clear definitions for public access that include caps on pricing, ideally indexed to inflation, to prevent exclusion through exorbitant costs. We don't need $100,000 per year lift tickets.

• Enact stronger protections to prevent further privatization of Powder Mountain over time.

We, the undersigned, strongly oppose the privatization of Powder Mountain Resort and urge Cache County to reject the proposed rezoning that facilitates the gradual loss of public access to this beloved recreational area.

Sign the Petition by clicking below

https://sign.moveon.org/petitions/petition-to-stop-the-privatization-of-powder-mountain?source=rawlink&utm_source=rawlink&share=b3158bdf-cd80-4074-b315-0a35fb792be8

Help us protect Powder Mountain before it’s too late!