Thank you for reaching out regarding this issue
Jody Shadduck-McNally - Larimer Commissioner
Jody Shadduck-McNally Larimer County Commissioner, District 3 | |
Commissioner's Office 200 W Oak St, Fort Collins, 80521 | 2nd Floor W: (970) 498-7003| M: (970) 939-0558 |
Gail Lynn
Dear Commissioner Shadduck-Mcnally,
Thank you for your response, though it fundamentally avoids the core question I asked.
You cited C.R.S. § 25-12-104 to state that the County is prohibited from maintaining a nuisance noise action against a farming or ranching activity. However, you completely failed to answer my question: Who has the authority to add rules or basic operating standards to govern the use of these cannons so that a single operation cannot disrupt hundreds of people across a 5–6 mile radius?
By continuing to point to this statute as an absolute roadblock while offering no alternative solutions, the County is essentially washing its hands of its responsibility to the public. Passing the buck from department to department for nearly a year—from the Sheriff, to the Health Department, to the Assessor, to the County Attorney, to the CSU Extension, and to the Agricultural Advisory Board—is an administrative maze that exhausts taxpayers. How many "someone elses" are constituents expected to be bounced to before local government accepts responsibility for community welfare?
It is irresponsible for local leadership to simply shrug and state that a private citizen must shoulder the financial and logistical burden of a lawsuit, while one farmer is allowed to disrupt an entire community without any very basic rules in place (such as standard hours or placement). A true win-win requires leadership to mediate and set standards, not hide behind statutory loopholes.
Regarding your mention of following up with a state legislator: if you are referring to Representative Cathy Kipp, I have already spoken with her extensively this year. She pushed the issue off, and suggested waiting until a future legislative session rather than addressing the immediate crisis affecting this community right now. Relying on delays at the state level does nothing to help the hundreds of taxpayers when they have an issue in the community.
I ask again: What local mechanism or official can establish basic, common-sense guardrails for these devices, or is the official position of the Larimer County Board of Commissioners that public health and quality of life for hundreds of residents simply do not matter?
Let it FLOW!
Gail
LOVE * Integrity * Community * Reliability
Gail Lynn, Inventor, Author, Filmmaker
PO Box 355
Timanth, CO 80547
Website: http://www.harmonicegg.com
****************************
NOTICE
****************************
This electronic correspondence is intended only for the named recipient(s); This e-mail contains confidential information. If you have received this message in error, please contact the sender and destroy the message to the best of your ability. Thank you.
Date: Thursday, July 30, 2026 at 9:29 PM
To: Gail Lynn <ga...@harmonicegg.com>
Cc: Kristin Stephens <step...@co.larimer.co.us>; John Kefalas <kefa...@co.larimer.co.us>
Subject: Thank you for reaching out regarding this issue
Jody Shadduck-McNally
Dear Ms. Lynn,
Thank you for your thoughtful follow-up. I appreciate the time you have taken to clearly explain your concerns, and I understand why you and your neighbors are frustrated.
You asked a very direct question, and I want to answer it just as directly.
Under current Colorado law, the Board of County Commissioners does not have the authority to establish or enforce local operating standards for bird cannons when they are being used as part of a protected farming or ranching activity. That authority has not been delegated to counties through state statute, nor does Larimer County currently have regulatory authority to adopt local rules governing hours of operation, placement, or frequency of use for these devices under those circumstances.
I recognize that this is likely not the answer you were hoping to receive, but I also don't want to suggest there is a local mechanism that exists when, to our knowledge, one does not.
I also understand your frustration with being referred from one department to another. I don't believe anyone intended to avoid your concerns or pass responsibility to someone else. Rather, staff across multiple departments have tried to determine whether any existing County authority could be applied to this situation. Unfortunately, they have reached the same conclusion: the County's authority is limited by state law.
That does not mean your concerns are unimportant. The impact you describe on nearby residents and quality of life is real, and I understand why you believe there should be reasonable guardrails that balance agricultural needs with the interests of surrounding neighbors.
Because those guardrails would require legal authority that the County does not currently possess, a legislative change at the state level appears to be the appropriate avenue for addressing this issue. While I cannot speak for Representative Kipp or the General Assembly, I am willing to better understand where those conversations stand and whether there may be opportunities for future discussion.
I know this response may still be disappointing. However, I believe it is important to be candid about what the County can and cannot legally do rather than suggest there is a local remedy available when there is not.
Thank you again for sharing your perspective and for continuing to engage respectfully on an issue that is clearly important to you and your community.
Respectfully,
Commissioner Jody Shadduck-McNally
Chair, Larimer County Board of County Commissioners
On Jul 31, 2026, at 9:25 AM, Gail Lynn <ga...@harmonicegg.com> wrote:
Dear Commissioner Shadduck-Mcnally,
Thank you for your response, though it fundamentally avoids the core question I asked.
You cited C.R.S. § 25-12-104 to state that the County is prohibited from maintaining a nuisance noise action against a farming or ranching activity. However, you completely failed to answer my question: Who has the authority to add rules or basic operating standards to govern the use of these cannons so that a single operation cannot disrupt hundreds of people across a 5–6 mile radius?
By continuing to point to this statute as an absolute roadblock while offering no alternative solutions, the County is essentially washing its hands of its responsibility to the public. Passing the buck from department to department for nearly a year—from the Sheriff, to the Health Department, to the Assessor, to the County Attorney, to the CSU Extension, and to the Agricultural Advisory Board—is an administrative maze that exhausts taxpayers. How many "someone elses" are constituents expected to be bounced to before local government accepts responsibility for community welfare?
It is irresponsible for local leadership to simply shrug and state that a private citizen must shoulder the financial and logistical burden of a lawsuit, while one farmer is allowed to disrupt an entire community without any very basic rules in place (such as standard hours or placement). A true win-win requires leadership to mediate and set standards, not hide behind statutory loopholes.
Regarding your mention of following up with a state legislator: if you are referring to Representative Cathy Kipp, I have already spoken with her extensively this year. She pushed the issue off, and suggested waiting until a future legislative session rather than addressing the immediate crisis affecting this community right now. Relying on delays at the state level does nothing to help the hundreds of taxpayers when they have an issue in the community.
I ask again: What local mechanism or official can establish basic, common-sense guardrails for these devices, or is the official position of the Larimer County Board of Commissioners that public health and quality of life for hundreds of residents simply do not matter?
Let it FLOW!
Gail
<image001.png>
Gail Lynn
Dear Commissioner Shadduck-McNally,
Thank you for your reply, but it highlights the exact disconnect taxpayers are experiencing.
You mention that staff spent time trying to determine if county authority could be applied. If a coordinated team effort is made, it takes a week to get to the bottom of a statute—not 11 months. A true team effort looks for solutions, champions a win-win for both farmers and homeowners, and actively works to protect the community. Taking nearly a year to simply circle back to a state statute as an excuse to do nothing is not a team effort; it is an administrative runaround designed to exhaust a resident until they go away.
This brings us to a fundamental question that no one in county government has been able to answer: Why do we pay county taxes, and why do counties exist if they cannot help or protect their communities?
If local government's only function when hundreds of taxpayers across a 5–6 mile radius are suffering for almost a year is to shrug, point to a state statute, and say "handle it on your own dime," then local government is failing its core purpose. Taxpayers fund these offices expecting governance, local stewardship, and active problem-solving—not a revolving door of departments telling us they have no power.
Regarding your intent to check in with the state legislator: as I noted, I have already spent the year chatting with Representative Cathy Kipp, and her response was to push it off to a future legislative session. NOTE: Legislation was still in session when we are chatting. Government needs to be more flexible and not so rigid. When an issue is present, it should be able to be heard more quickly.
If the County’s official position is that it will wash its hands of any nuisance affecting public peace as long as the word "farming" is attached to it—leaving a single operation free to disturb a massive multi-mile radius without basic guardrails—then taxpayers deserve an honest answer as to what value this county administration actually provides to its residents.
Sincerely,
Gail Lynn