Aspen passes ordinance to reduce construction and demolition waste

Aspen City Council approved an ordinance on Tuesday introducing new rules to reduce construction and demolition waste from city-permitted projects. 

This ordinance sets mandatory recycling and reuse standards for recoverable materials to curb landfill contributions and greenhouse gas emissions.

The ordinance targets construction projects disturbing over 2,000 square feet, requiring them to divert 100% of recoverable materials such as concrete, untreated lumber, and metal from the landfill. 

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To encourage compliance, projects must meet a minimum recovery standard of 50% of total debris weight and submit a refundable deposit based on estimated tonnage. 

Aspen’s ordinance builds on Pitkin County’s success with a similar policy, which mandates at least 35% diversion and has achieved an average diversion rate of 66% since 2021.

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This policy aligns with Aspen’s ambitious climate goals, which aim for a 63% reduction in greenhouse gas emissions by 2030 and full neutrality by 2050. 

Construction and demolition debris currently accounts for over half of the material buried in the Pitkin County landfill, and its diversion is seen as critical to reducing emissions and extending the landfill’s life. An argument by staff was that if this is not passed now, contractors will still see future expenses when the Pitkin County Landfill is full, requiring longer deliveries to the nearest landfill, which is located west of Glenwood Springs, at the South Canyon Landfill.

“Talking about the cost of doing nothing; business as usual C&D practices have filled up our landfill,” Waste Diversion & Recycling Administrator Ainsley Bronsan-Smith said. “Although the landfill has been approved for an expansion if we do not change behaviors, we are just going to have these same issues a few years down the road. Once this landfill is closed, the next nearest landfill is outside of this valley.” 

Reusing and recycling materials also conserve resources and reduce the demand for virgin materials, such as cement and steel, which are heavy contributors to global carbon emissions, according to the city.

While the ordinance represents a significant environmental step forward, it also introduces challenges for contractors. 

Feedback from forums, surveys, and stakeholder outreach revealed concerns about increased labor, costs, and limited space for on-site sorting. City staff noted that the demolition phase could take two to three times longer under the new rules, potentially extending a one-week process to up to three weeks.

To mitigate these impacts, the city plans to provide workforce training on material separation and efficient deconstruction methods. Additionally, it will waive certain fees for compliant projects and explore long-term solutions, such as off-site sorting facilities, to ease the burden on contractors.

Before city council discussed the adoption of the program, Aspen resident Mark Maple wanted Aspen to consider eliminating Aspen’s Demolition Allotment program before adopting the ordinance.

“Back in May, and again in June, the city council stated that as part of the consideration of moving forward with stricter demolition standards, the city council would revisit the demolition allotment program that has been a disaster for our community,” Maple said. “I see that legislation is before you tonight, but there is not a review of the demolition allotments, and as such, I would ask the city council not to pass the new demolition standards without revisiting the demolition allotment program.”

City Council member Bill Guth agreed with Maple.

“I am, after a lot of contemplation, I am supportive of this effort. It is the responsible thing to do, and I think I will administer it responsibly, but I do think we should wait to implement this until we resolve the demolition allotment program with either changes or elimination,” Guth said. “I really think the two are tied together to one another. There have been expressions at the table by at least one member of the council that perhaps the C&D initiative could be a replacement for the allotment program.”

Guth was the only no-vote in the passing of the ordinance.

“I am supportive of this effort, but I do think it should be done in concert with changes to the demolition allotment program, as such, I will not be supporting this tonight,” Guth said. “This is not because I am not supportive of the initiative. It is only because I feel principled about this happening in tandem.”

Aspen’s Demolition Allotment Program regulates the number of demolition permits issued annually to manage construction activity and preserve the city’s character, resources, and sustainability goals. 

The program establishes a cap on allowable demolitions within city limits, focusing on minimizing waste, reducing greenhouse gas emissions, and promoting resource conservation. By controlling the rate of redevelopment, the program also helps mitigate disruptions from construction, such as noise, traffic, and strain on local infrastructure.

Mayor Torre said that he is in favor of changes being made to the demolition allotment program but supported passing the ordinance as is. 

“I am in favor of modifications to the demolition allotment program. I am not ready to get rid of it, but I believe we are going to have information coming back to us from community development in the next few months,” Torre said. “Where I stand is that the local allotments should be a greater allotment, potentially unlimited, as we do not need to be holding up people who have been in their homes for 30 years. I am in favor of some changes; I will be supporting this C&D ordinance moving forward this evening.”

City Council member John Doyle said he is also not in favor of eliminating the demolition allotment program and supported passing the C&D ordinance. 

“Every long-term local that has asked for a demolition permit has received one. I think it is actually helping to achieve the goals we set out to achieve several years ago,” Doyle said. “In the future, maybe the C&D ordinance is working so well that we can discontinue the demolition allotment, but for the time being, I am happy to keep it the way it is.”

The C&D ordinance also includes penalties for non-compliance. Projects that fail to separate recoverable materials face a municipal penalty of $495 per ton for unsorted loads, distinct from Pitkin County’s operational tipping fee of $245 per ton. These fees aim to hold violators accountable and reinforce the importance of compliance. However, leniency will be granted for materials that are challenging to recycle due to adhesives or mixed composition.

The policy is expected to significantly reduce construction-related emissions, with C&D debris diversion serving as a key tool in Aspen’s broader sustainability objectives. By diverting materials locally, the city can reduce transportation emissions and support regional recycling markets, such as converting salvaged concrete into recycled aggregate for construction.

The ordinance is set to take effect in February 2025, with full implementation expected by spring 2026. While it poses logistical and financial challenges, city leaders emphasize the long-term benefits of a more sustainable building process, preserving resources, and protecting the environment for future generations.