Denver City Council votes down proposed ordinance on development near rail lines

DENVER — The Denver City Council has voted down a proposed ordinance that would have prohibited development within 100 feet of rail lines without safety measures to address possible derailments.

In a Monday meeting, the council voted 7-5 against the proposal by Councilwoman Debbie Ortega. It would have required construction within 100 feet of rail lines to receive special approval from city agencies, to develop an evacuation plan, and to include such measures as barriers between the building and railroad tracks or elevating the structure above the railroad. The regulations would have applied only to new construction or major renovation of existing buildings.

The website Denverite reports that several city agencies would have been charged with carrying out the proposal were against the bill, including the Department of Transportation and Infrastructure and the city’s fire department. They and council members expressed concern that the cost of the bill might not be worth the benefits, and that the most pressing need was for neighborhood evacuation planning for events like wildfires or an East Palestine-type hazmat situation.

The bill did receive last minute support from the Brotherhood of Locomotive Engineers and Trainmen, which said in a letter that it would “ensure the safety of Denver’s citizens and visitors as well as ensure the safety of our members who work the rails here in the Mile High City.”

Mayor Michael Hancock also said he was opposed to the bill, saying it would be “virtually impossible” to implement.

Council member Amanda Sandoval, before voting against the bill, said, “It is not good policy and I cannot be in favor of something where four major departments come out [against] it.”