State and Boulder County Health Orders Apply in Erie

Town Clarifies Conflicting Boulder and Weld Counties’ Orders
and Short-term Rentals Issue

April 26, 2020. Unless the Board of Trustees takes action during its meeting on April 28, 2020 to adopt a more restrictive measure, Governor Polis’ “Safer at Home Order” will apply on the Weld County side of Erie, and the slightly more restrictive Boulder County Public Health “Stay at Home Order” will apply on the Boulder County side of Erie. The Weld County Commissioners’ “Safer at Work Order” will not apply, because it is less restrictive than the State Order. County health departments may adopt public health orders that are more restrictive than a State order, but in the event of any conflict, the provisions of the more restrictive order apply. Thus, the State Order applies throughout Weld County, including the Weld County portion of Erie, unless a municipality adopts a more restrictive order.

Some residents have asked about short-term rentals (also described as homeowner rentals or privately owned residences for rent). Short-term rentals are prohibited from operating under both the State and Boulder County Orders. Additionally, short-term rentals are not permitted by the Town’s Unified Development Code, and are expressly prohibited by many Home Owner Associations in Erie.   

The Town will continue to provide regular updates to the community regarding closures and cancellations. Additional resources and ideas to provide help for Erie residents and businesses are available at www.erieco.gov.

Background:

On April 20, Governor Polis held a press conference during which he indicated his intention to let the existing “Stay and Home” order expire on April 26, and to implement a new “Safer at Home” order that is somewhat less restrictive.

On April 24, 2020, the Weld County Board of County Commissioners issued a “Safer at Work” Order allowing all businesses in Weld County to reopen. This Order is less stringent than the State’s “Safer at Home” Order.

On April 24, 2020, Boulder County Public Health issued an order extending the State’s “Stay at Home” Order through May 8, 2020, but allowing retail businesses to offer curbside pickup. This Order is more stringent than the State’s “Safer at Home” Order.

On April 26, 2020, Governor Polis issued the “Safer at Home” Executive Order, which still requires mandatory social distancing. It also restricts or prohibits many activities, including public gatherings of ten persons or more in both public spaces and private commercial venues. It allows Non-Critical Commercial Businesses to allow up to fifty percent (50%) of their employees to conduct in-person work that takes place outside a private residence in accordance with Mandatory Social Distancing Requirements and protocols. This Executive Order will expire thirty (30) days from April 27, 2020, unless extended further by Executive Order. A full copy of this Executive Order can be viewed at this link.