A brightly colored hot-air balloon, drifting over river and valley and hovering above treetops, is to the average observer a thing of awe and beauty.
But some residents of El Dorado County's Coloma Valley say a local balloon operation has proven a nuisance and a potential hazard.
For his part, Tim Nelson, pilot and co-owner of Lotus-based Sky Drifters, which offers balloon excursions, says he is the victim of a campaign by influential landowners who don't like his operation.
After complaints were lodged with county code enforcement officers, the county Planning Department informed Nelson that he had to obtain a special use permit for his launch site off Highway 49, just north of Lotus Road.
Nelson said he will not apply for the permit, arguing that the county issued him and his partner, Christina Havens, a business license a year-and-a-half ago knowing where they planned to operate.
"We're really nice people," he said. "We don't want to get (into it) with anybody, particularly the county."
Planner Pierre Rivas said a business license is not a land-use entitlement, and Nelson needs to submit a site plan showing that he has adequate parking and that it is far enough from the road.
Nelson said he has no objection to providing a site plan but is unwilling to participate in any process that would leave his business' future up to someone else.
County Supervisor Ron Briggs, who represents the Coloma-Lotus area, finds himself in the middle of the dispute.
Briggs said he received complaints from owners of Bacchi Ranch about the balloon landing on their property without permission. He asked code enforcement and planning staff members to look into the matter, and their investigation determined a use permit was required.
But after meeting with Nelson, Briggs said he is trying to work with staff to resolve the matter. His primary concern: unauthorized landings on private property.
Briggs sees the complaints about balloon operations as similar to complaints about noise and traffic generated by special events, such as weddings and concerts, at wineries. "We have new businesses and people who are already here, and they are colliding," he said.
Rancher Chuck Bacchi, whose family owns much of the property east of Highway 49, said he asked Nelson in spring 2007 not to fly low over his land when cattle are on the property. The balloon frightens livestock and can cause horses to run through fences, he said.
Bacchi said he has no objection to the balloon flying low over his acreage once the cattle are moved from the area at the end of May, but he said he asked Nelson not to land on the property.
His concern, Bacchi said, is the fire hazard created by landings on rangeland. The problem is not the balloon's burners, but the catalytic converters on the chase vehicles, which can ignite dry grass.
Bacchi said Nelson landed on his ranch without permission and later on property he leases to a local campground.
Nelson said he avoids flying over livestock that appear nervous, and typically sets down on Bureau of Land Management land, or sites where property owners have previously granted permission. He acknowledged that unplanned landings do occur, because the balloon goes where the wind blows.
He said he thought he had permission to land on Bacchi's ranch when cattle were off the property but has since avoided the area. As a result, he said, he must fly lower over homes near the launch site, and that has generated complaints.
"I've been woken up at 6:30 in the morning by the blast of the balloon," said Greg Jorgensen, who lives off Marshall Road near the launch site and described his grievances as noise and privacy issues.
Nelson said he typically flies 750 to 2,000 feet above ground.
That is in keeping with Federal Aviation Administration standards, which require that balloons fly at least 500 feet from people or buildings, said Daniel Abdon, an inspector with the FAA's Sacramento Flight Standards District Office.
When balloons go lower while launching and landing, they must do so safely, Abdon said. He gets complaints about balloons flying too low, but in many cases they are operating in a reasonable manner, he said. Because they are so large, the balloons appear closer than they are.
"It's not an exact science. "It's almost an art form," he said of navigating a balloon.
Issues of noise and unauthorized landings on private property are not FAA concerns and must be dealt with under local ordinances, Abdon said.
Nelson, who piloted balloons in Temecula before coming to El Dorado County, said complaints about balloons are not confined to the foothills.
"Everywhere a balloon flies, there is somebody who doesn't like it … but they are quite a small minority," he said, arguing that people need to be more tolerant.
Bacchi said people enjoy seeing balloons in flight, but "you have to be able to land someplace and not bother your neighbor."
Call The Bee's Cathy Locke, (916) 608-7451.
