Safety challenge puts gondola operations at popular Colorado ski resort under scrutiny

A homeowner in Breckenridge, Colorado, is challenging the construction of luxury townhomes near the BreckConnect gondola, arguing that two newly built buildings encroach on the gondola's airspace and could create safety concerns for a lift that carries thousands of skiers every day during ski season.

"My hope is we follow safety protocols and my job as a citizen is to point out issues not being done properly," said 62-year-old Breckenridge resident Richard Himmelstein.

Himmelstein has pressed the town, the developer, and the Colorado Passenger Tramway Safety Board to address what he says are discrepancies between the development's approved plans and the buildings under construction and nearing completion. He contends that additional footage on the roofline of some of the townhomes puts them too close to the gondola's path and creates a safety hazard.

"I just want everyone to follow the rules and ensure that safety is paramount," Himmelstein told CBS Colorado.

The Colorado Passenger Tramway Safety Board is investigating Himmelstein's claims. 

In a letter responding to the allegations, Vail Resorts, which owns and operates Breckenridge Ski Area, denied that the townhouse development violates state rules and said its review found no safety or operational problems associated with the construction.

"The identified dimensional differences do not impact tramway operations, required clearances or passenger safety," wrote Vail Resorts.

The competing claims have not, by themselves, established that the gondola is unsafe or that it must shut down.

Himmelstein says the townhouse project changed substantially from the plans he understood had been approved.

"Yes, this building and the next both encroach," Himmelstein said when asked whether two of the townhome buildings encroach on the gondola's airspace.

He argues that variances were granted for the development based on conceptual plans that did not accurately reflect the finished structures. Himmelstein says the consequences could be significant if an emergency involving the gondola occurred near the buildings.

"When you have a gondola operating, and you have people estimated 80 feet off the ground, and you've got to evacuate them, and a building is on fire, it's very dangerous because it's traveling above a potential fire," he said.

The gondola is a key piece of Breckenridge's resort infrastructure, moving skiers and other passengers between town and the ski area. Its reported capacity is up to 3,000 passengers per hour.

Resort denies safety violations

In an August 8, 2026, letter to the Colorado Passenger Tramway Safety Board, Breckenridge Ski Area Lift Maintenance Director Adam Pino responded to the board's inquiries about Himmelstein's complaints.

The resort said it conducted an internal review and concluded that construction on the townhomes complied with the Colorado Passenger Tramway Safety Practice Act, the board's rules, approved variance conditions and project-specific agreements involving the tramway.

"Breckenridge Ski Area respectfully denies any violation of the Colorado Passenger Tramway Safety Practice Act or the Rules of the Colorado Passenger Tramway Safety Board," Pino wrote. "Most importantly, no tramway safety concern, operational issue, or clearance conflict has been created as a result of the completed construction."

The letter represents the resort's position. It does not, on its own, resolve the dispute or establish whether the state board agrees with the resort's conclusions.

Could the gondola be shut down?

Himmelstein says the board has indicated that a shutdown is one possible remedy if it determines that noncompliance creates an unreasonable safety hazard.

Joyce Young, an administrator with the tramway safety board, emailed Himmelstein in July in response to his complaint: "In the case that the noncompliance creates an unreasonable safety hazard for continued operation, the board may issue an order to cease operation of the tramway." 

The board letter also said, "Our remedies lie in preventing the tramway from being licensed or operating to the public when non- compliance is discovered."

That does not mean a shutdown has been ordered or that the board has concluded the gondola is unsafe. The central question is whether the construction complies with applicable requirements and whether any violation creates a safety concern that warrants regulatory action. The tramway safety board next meets on November 4 and plans to discuss the BreckConnect issue.

The town of Breckenridge and the developer of the Independence Townhomes declined to comment on the dispute, citing active or pending litigation.

"Details matter"

Himmelstein says he believes the issue comes down to compliance and safety.

"I'm into details, and this is all about details. Details matter, and you have to make safety paramount," he said. "Some people say I'm like a dog chasing a bone. When I see something wrong, I have to make sure I stay on it until I see it corrected. That's the way I'm wired."

The dispute remains unresolved, with the homeowner's allegations at odds with the resort's assertion that the buildings comply with approved plans and pose no threat to gondola operations.

With Breckenridge's ski slopes scheduled to open November 6, the timing has added urgency to questions about the status of the board's review. 

For now, Himmelstein says he does not know how the dispute will end, but the various entities involved are on a "collision course."