Boulder County reversed its earlier decision terminating the CEMEX cement plant’s nonconforming-use status near Lyons on May 19. Community Planning and Permitting Director Dale Case said the company had supplied satisfactory evidence that the traffic determination was made in error.

According to the county, the additional review found no significant increase in truck traffic compared with 1994 levels after the Dowe Flats Quarry closed. The prior 2024 determination had relied on a traffic study that appeared to show an increase large enough to trigger the county’s land-use restrictions.

The May decision restored the company’s ability to operate the existing cement plant, subject to applicable Land Use Code requirements. It did not create an unrestricted right to expand. The plant became a nonconforming use after the county changed its code in 1994.

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