Register of Historic Places

C.R.S. tit. 24, art. 80.1
in effect

C.R.S. § 24-80.1-101 Legislative declaration

24-80.1-101. Legislative declaration. The general assembly hereby declares that sites and structures possessing historical significance are cultural resources of this state; that the preservation of such resources is in the interest of the citizens of the state; and that the planning and activities of state agencies should include the preservation of such resources. It is the intent of the general assembly to provide that such resources be preserved to the extent possible for the education and enjoyment of the residents of this state, present and future.

C.R.S. § 24-80.1-102 Definitions

24-80.1-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Action" means any state activity, program, project, or undertaking or the approval, sanction, assistance, or support of any activity, policy, program, project, or undertaking, including but not limited to: (a) Recommendations or reports relating to legislation, including requests for appropriations; (b) New and continuing activities, programs, projects, or undertakings directly engaged in by agencies or supported in whole or in part through state contracts, grants, subsidies, loans, or other forms of funding assistance or involving a state lease, permit, license, certificate, or other entitlement of use; (c) The sale or transfer of state properties; (d) Comprehensive or areawide planning in which provisions may be made for any actions or which may result in a proposed action. (2) "Agency" means any principal department of this state as provided in section 24-1-110. (3) "Comment" means any notation, observation, remark, or recommendation made in response to a proposed agency action. (4) "Decision" means the exercise of agency authority at any stage of an action where alterations might be made in the action to modify its impact upon cultural properties. (5) "Effect" means any change in the quality of the historical, archaeological, or architectural character that qualified property for entry in the state register. (6) "Historical significance" means having importance in the history, architecture, archaeology, or culture of this state or any political subdivision thereof or of the United States, as determined by the society. (7) "Local government" means a municipality or a county. (8) "National register" means the national register of historic places maintained pursuant to 54 U.S.C. sec. 302101 et seq. (9) "Preservation" means the protection, enhancement, and maintenance of historic properties. (10) "Properties" means the resources, including buildings, structures, objects, sites, districts, or areas, that are of historical significance. (11) "Review" means the examination of information related to agency actions in order to assess the effect of such actions on properties listed in the state register. (12) "Society" means the state historical society. (13) "State register" means the state register of historic properties. (14) "Water supply structure" means a head gate, ditch, canal, flume, reservoir, bypass, pipeline, conduit, well, pump, or other facility, structure, or device used to store, divert, transport, or control water, and any appurtenances thereto. "Water supply structure" includes any grouping of such structures.

C.R.S. § 24-80.1-103 State register - creation

24-80.1-103. State register - creation. There is hereby created a state register of historic properties in the state historical society which shall be administered by and under the control of the society.

C.R.S. § 24-80.1-104 Effect of state register - exception - legislative declaration

24-80.1-104. Effect of state register - exception - legislative declaration. (1) Except as otherwise provided in subsection (3) of this section, properties included or nominated for inclusion in the state register are protected from any action initiated by a state agency until a final determination concerning the effect of the action on such properties is made pursuant to subsection (2) of this section. (2) (a) At the earliest stage of planning or consideration of a proposed action or when it is anticipated that properties of historical significance may be adversely affected in the course of an agency action and in all cases prior to an agency decision concerning an action that may have an effect on properties listed in the state register, the agency initiating the action shall identify such properties located within the area of the proposed action, notify the society of the proposed action, request a determination of effect on such properties, and afford the society a period of thirty days in which to review the proposed action. Notification shall include sufficient and relevant information needed to make a determination of effect. Comments made by the society which include specific recommendations to prohibit or alter all or some aspects of the proposed action shall be implemented by the agency subject to paragraphs (b) and (c) of this subsection (2). (b) If the agency rejects some or all of the comments of the society relative to the proposed action, the agency shall be afforded a period of thirty days during which to negotiate a satisfactory agreement with the society. (c) If no agreement is reached or if any party to any such agreement is dissatisfied therewith, an appeal may be made to the governor for a final determination. The governor shall make such determination within thirty days after such appeal. (3) (a) Subsections (1) and (2) of this section do not apply to actions initiated, taken, or authorized by the department of natural resources or the department of public health and environment or any subdivisions of those departments that affect or potentially affect water supply structures. (b) The general assembly finds that water supply structures in Colorado are critical both to filling the projected shortfall in water supplies for current and future residents of the state and to protecting the state's agricultural lands from a loss of water supplies. The general assembly further finds that water supply structures and the ability to repair, replace, and change water supply structures are keys to the economic future of Colorado. For these reasons, the general assembly hereby determines and declares that it is necessary to exempt state agencies that take action concerning water supply structures from subsections (1) and (2) of this section.

C.R.S. § 24-80.1-105 Procedure for inclusion in state register

24-80.1-105. Procedure for inclusion in state register. (1) Properties may be nominated to the state register by the owner thereof, a local government, an agency, or the society. (2) Upon nomination, the society shall determine whether the property is to be included in the state register. Such determination shall be based on information made available to the society, including but not limited to information submitted with the nomination, information obtained through independent research efforts, information obtained through hearings and private conferences, and any other information or data which may come to the attention of the society. (3) Property included in the national register shall be included in the state register without determination by the society, by reason of such inclusion.

C.R.S. § 24-80.1-106 Designation as area of state interest

24-80.1-106. Designation as area of state interest. Property nominated to or accepted by the state register may be designated as an area of state interest by a local government in accordance with article 65.1 of this title.

C.R.S. § 24-80.1-107 Criteria for nomination

24-80.1-107. Criteria for nomination. (1) Criteria for consideration of property for nomination to or inclusion in the state register shall include, but not be limited to, the following: (a) The association of such property with events that have made a significant contribution to history; (b) The connection of such property with persons significant in history; (c) The apparent distinctive characteristics of a type, period, method of construction, or artisan; (d) The geographic importance of the property; (e) The possibility of important discoveries related to prehistory or history. (2) Written approval of the owner of the land and the property is required for nomination to or inclusion in the state register.

C.R.S. § 24-80.1-108 Duties of the society

24-80.1-108. Duties of the society. (1) In order to carry out the provisions of this article, the society shall: (a) Prepare, expand, and maintain a state register of historic properties and establish and promulgate criteria and procedures by which properties shall be determined to be eligible for, nominated to, and listed in the state register, no later than December 31, 1975; (b) Regularly notify agencies of additions or deletions to the state register; (c) Prepare, no later than June 30, 1976, a preservation plan which it shall review and revise annually after said date. (2) The society has the power to prepare and promulgate rules and procedures to implement this article. (3) The society shall assist the agencies in evaluating state-owned properties and in reviewing activities, programs, projects, undertakings, and all other agency actions for adequacy in addressing the preservation of properties in the state register.

C.R.S. § 24-80.1-108.5 Owner consent for inclusion of land and property in multiple property documentation form

24-80.1-108.5. Owner consent for inclusion of land and property in multiple property documentation form. Notwithstanding any other provision of law, prior to taking any action to approve a multiple property documentation form or to request the approval of the keeper of the national register of an executed multiple property documentation form, the society shall require the applicant to obtain the consent, evidenced by a signature, of each owner of the land and property included within the region of lands described in the form who provided any information or granted access to their land or property.

C.R.S. § 24-80.1-109 Water supply structure - nomination for inclusion in the state register or national register - multiple property documentation form

24-80.1-109. Water supply structure - nomination for inclusion in the state register or national register - multiple property documentation form. (1) (a) Before acting upon a nomination of a water supply structure for inclusion in the state register or national register, the society shall: (I) Submit, to the water clerks for the water divisions in which the water supply structure is located, notice of the proposed nomination, for publication as set forth in section 37-92-302 (3)(a) and (3)(b), C.R.S.; and (II) Send written notice of the proposed nomination by first-class mail to every person having a property interest in the water supply structure or water rights used through the water supply structure. In order to comply with this paragraph (a), the society may rely upon the real property records of the county assessor for the counties in which the water supply structure is located to determine persons having real property interests and, to determine the identity of persons having water right interests, the society may rely upon the records of the division engineer in the water divisions in which the water supply structure is located, as set forth under part 2 of article 92 of title 37, C.R.S. (b) (I) The society shall not proceed with a nomination for inclusion in the state register if a person having a real property interest in the water supply structure or an interest in water that is used in the water supply structure files a letter of objection to the proposed nomination with the society within one hundred twenty days after receiving notice under this subsection (1). (II) For a nomination to include a water supply structure in the national register, the society shall not proceed with the nomination if objection is made in accordance with 36 CFR 60.6. (2) (a) Prior to taking any action to request approval from the keeper of the national register of a multiple property documentation form in which any or all of the multiple property types or associated property types are water supply structures, the society shall procure the approval of the state engineer appointed pursuant to section 37-80-101, C.R.S. (b) (I) The society shall provide notice to all persons having a property interest in a water supply structure included in a multiple property documentation form using the procedure set forth for substitute water supply plans in section 37-92-308 (5)(a), C.R.S.; except that the time requirements for any actions by the state engineer under this subsection (2) do not apply. The state engineer shall act solely at his or her discretion to consider and approve or disapprove the multiple property documentation form at a time he or she sees fit. (II) The society shall enter into a programmatic agreement with the state engineer that requires, at a minimum, that any person having an interest in the water supply structure who objects to inclusion of the owners' water supply structure may have the water supply structure removed from the multiple property documentation form. (3) Nothing in this section limits communications between the society and the keeper of the national register that are required under 54 U.S.C. sec. 302303 (b)(9). The state engineer shall not review any such communications in which water supply structures are only incidentally described.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026

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