County Planning and Building Codes

C.R.S. tit. 30, art. 28
in effect

C.R.S. § 30-28-101 Definitions

30-28-101. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Disposition" means a contract of sale resulting in the transfer of equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made pursuant to one of the foregoing. (2) "Evidence" means any map, table, chart, contract, or other document or testimony, prepared or certified by a qualified person to attest to a specific claim or condition, which evidence shall be relevant and competent and shall support the position maintained by the subdivider. (3) "Municipal planning commission" means any planning commission or other body charged with the functions of such commission of any city, city and county, or incorporated town, whether created pursuant to the authority of state statute or of home rule charter. (4) "Planning commission" means either a planning commission or, in a county where there is no planning commission, the board of county commissioners. (5) "Plat" means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the county clerk and recorder. (6) "Preliminary plan" means the map of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design. (7) "Region" means the area encompassed by a regional planning commission, being the combined land areas subject to the jurisdiction of the participating governmental units. (8) "Sketch plan" means a map of a proposed subdivision, drawn and submitted in accordance with the requirements of adopted regulations, to evaluate feasibility and design characteristics at an early state in the planning. (9) "Subdivider" or "developer" means any person, firm, partnership, joint venture, association, or corporation participating as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision. (10) (a) "Subdivision" or "subdivided land" means any parcel of land in the state which is to be used for condominiums, apartments, or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with the provisions of this part 1 with substantially the same density, or which is divided into two or more parcels, separate interests, or interests in common, unless exempted under paragraph (b), (c), or (d) of this subsection (10). As used in this section, "interests" includes any and all interests in the surface of land but excludes any and all subsurface interests. (b) The terms "subdivision" and "subdivided land", as defined in paragraph (a) of this subsection (10), shall not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners. terests" includes any and all interests in the surface of land but excludes any and all subsurface interests. (b) The terms "subdivision" and "subdivided land", as defined in paragraph (a) of this subsection (10), shall not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners. (c) Unless the method of disposition is adopted for the purpose of evading this part 1, the terms "subdivision" and "subdivided land", as defined in paragraph (a) of this subsection (10), shall not apply to any division of land: (I) Which creates parcels of land, such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in thirty-five or more acres per interest; (II) Which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court in this state if the board of county commissioners of the county in which the property is situated is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion of this part 1 prior to entry of the court order; and, if the board does not file an appropriate pleading within twenty days after receipt of such notice by the court, then such action may proceed before the court; (III) Which is created by a lien, mortgage, deed of trust, or any other security instrument; (IV) Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity; (V) Which creates cemetery lots; (VI) Which creates an interest in oil, gas, minerals, or water which is severed from the surface ownership of real property; (VII) Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this subsection (10) as only one interest; (VIII) Which is created by the combination of contiguous parcels of land into one larger parcel. If the resulting parcel is less than thirty-five acres in land area, only one interest in said land shall be allowed. If the resulting parcel is greater than thirty-five acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five or more acres per interest. Easements and rights-of-way shall not be considered interests for purposes of this subparagraph (VIII). (IX) Which is created by a contract concerning the sale of land which is contingent upon the purchaser's obtaining approval to subdivide, pursuant to this article and any applicable county regulations, the land which he is to acquire pursuant to the contract; (X) Which creates a cluster development pursuant to part 4 of this article. considered interests for purposes of this subparagraph (VIII). (IX) Which is created by a contract concerning the sale of land which is contingent upon the purchaser's obtaining approval to subdivide, pursuant to this article and any applicable county regulations, the land which he is to acquire pursuant to the contract; (X) Which creates a cluster development pursuant to part 4 of this article. (d) The board of county commissioners may, pursuant to rules and regulations or resolution, exempt from this definition of the terms "subdivision" and "subdivided land" any division of land if the board of county commissioners determines that such division is not within the purposes of this part 1. (11) "Subdivision improvements agreement" means one or more security arrangements which a county shall accept to secure the actual cost of construction of such public improvements as are required by county subdivision regulations within the subdivision. The "subdivision improvements agreement" may include any one or a combination of the types of security or collateral listed in this subsection (11), and the subdivider may substitute security in order to release portions of the subdivision for sale. The types of collateral which may be used as security under the "subdivision improvements agreement" are as follows: Restrictions on the conveyance, sale, or transfer of any lot, lots, tract, or tracts of land within the subdivision as set forth on the plat or as recorded by separate instrument; performance or property bonds; private or public escrow agreements; loan commitments; assignments of receivables; liens on property; letters of credit; deposits of certified funds; or other similar surety agreements. Security, other than plat restrictions, required under the "subdivision improvements agreement" shall equal in value the cost of improvements to be completed but shall not be required on the portion of the subdivision subject to plat restriction. The county shall not require security arrangements with collateral arrangements in excess of the actual cost of construction of the public improvements. The amount of security may be incrementally reduced as subdivision improvements are completed. (12) "Unincorporated" means situated outside of cities and towns, so that, when used in connection with "territory", "areas", or the like, it covers, includes, and relates to territory or areas which are not within the boundaries of any city or town.

C.R.S. § 30-28-102 Unincorporated territory

30-28-102. Unincorporated territory. The boards of county commissioners of the respective counties within this state are authorized to provide for the physical development of the unincorporated territory within the county and for the zoning of all or any part of such unincorporated territory in the manner provided in this part 1.

C.R.S. § 30-28-103 County planning commission

30-28-103. County planning commission. (1) Except as otherwise provided in this subsection (1), the board of county commissioners of any county within the state is authorized to appoint a commission of not less than three and not more than nine members, to be known as the county planning commission; except that, in counties of the state having a population of fifteen thousand or less desiring to establish a commission, the board of county commissioners may constitute the commission, or the board of county commissioners may appoint a separate body to serve as the commission. In counties of the state having a population of one hundred thousand or more, the board of county commissioners is authorized to appoint a commission of not less than three and not more than fifteen members. (2) Each of such members of the commission shall be a resident of the county. The term of appointed members of the commission shall be three years and until their respective successors have been appointed, but the terms of office shall be staggered by making the appointments so that approximately one-third of the members' terms expire each year. Members of the commission on July 1, 1977, shall serve the remainder of the terms for which they were appointed. Thereafter, members shall be appointed pursuant to this subsection (2). (3) The members of the commission shall receive such compensation as may be fixed by the board of county commissioners, and the board of county commissioners shall provide for reimbursement of the members of the commission for actual expenses incurred. The board of county commissioners shall provide for the filling of vacancies in the membership of the commission and for the removal of a member for nonperformance of duty or misconduct. The board of county commissioners may appoint associate members of such commission, each of whom shall be a resident of the county, and, in the event any regular member is temporarily unable to act owing to absence from the county, illness, interest in any matter before the commission, or any other cause, his place may be taken during such temporary disability by an associate member designated for that purpose.

C.R.S. § 30-28-104 Chairman - rules - staff - information - grants and gifts

30-28-104. Chairman - rules - staff - information - grants and gifts. (1) The county planning commission shall elect a chairman from its members, whose term shall be for one year, and the commission may create and fill such other offices as it may determine. The commission shall adopt such rules and regulations governing its procedure as it may consider necessary or advisable and shall keep a record of its proceedings, which record shall be open to inspection by the public at all reasonable times. The board of county commissioners has the authority to employ experts and a staff and shall pay such expenses as may be deemed necessary for carrying out the powers conferred and the duties prescribed in this article. The county planning commission is directed to make use of the expert advice and information which may be furnished by appropriate federal, state, county, and municipal officials, departments, and agencies and in particular by the director of the division of planning in the department of local affairs of the state of Colorado. All state officials, departments, and agencies having information, maps, and data pertinent to county planning or zoning are authorized and directed to make the same available for the use of the county planning commission as well as to furnish such other technical assistance and advice as they may have available for such purpose. (2) The county planning commission is specifically empowered to receive and expend all grants, gifts, and bequests, specifically including state and federal funds and other funds available for the purposes for which the commission exists, and to contract with the state of Colorado, the United States, and all other legal entities with respect thereto. The county planning commission may provide, within the limitations of its budget, matching funds wherever grants, gifts, bequests, and contractual assistance are available on such basis.

C.R.S. § 30-28-105 Regional planning commission

30-28-105. Regional planning commission. (1) The governing body or, in charter cities, the officials having charge of public improvements of any municipality or group of municipalities, together with the boards of county commissioners of any counties in which such municipality or group of municipalities is located or of any adjoining counties; or the governing bodies or, in charter cities, the officials having charge of public improvements of any municipality or group of municipalities, acting independently of the boards of county commissioners in which such municipality or group of municipalities is located; or the boards of county commissioners of any two or more counties may cooperate in the creation of a regional planning commission for any region defined as may be agreed upon by said cooperating governing bodies or officials or boards limited to a region within the jurisdiction of said cooperating governing bodies. (2) The number and qualifications of members of any such regional planning commission, their terms, and the method of their appointment or removal shall be such as may be determined and agreed upon by said cooperating governing bodies or officials and boards; but each participating county or municipality shall be entitled to at least one voting representative. The regional planning commission shall elect its chairman, whose term shall be one year, with eligibility for reelection. The commission may create and fill such other offices as it may determine. (3) Any board of county commissioners or other county officials or the chief executive officer of any municipality, from time to time, upon the request of the commission and for the purpose of special surveys, may assign or detail to the commission any members of staffs of county or municipal administrative departments or may direct any such department to make for the commission special surveys or studies requested by the commission. (4) The proportion of the expenses of the regional planning commission to be borne respectively by any governing body cooperating in the establishment and maintenance of the commission shall be such as may be determined and agreed upon by the cooperating bodies or officials or boards, and they are authorized to appropriate or cause to be appropriated their respective shares of such expense. (5) Within the amounts duly appropriated or otherwise received, the regional planning commission has the power to appoint such clerical and stenographic employees and such technically qualified staff as are necessary to do the work of the commission. The regional planning commission has the further power to contract for such other services, facilities, and personnel as it may require within its means, including the services of professional planners and other consultants. (6) The regional planning commission is specifically empowered to receive and expend all grants, gifts, and bequests, specifically including state and federal funds and other funds available for the purposes for which the commission exists, and to contract with the state of Colorado, the United States, and all other legal entities with respect thereto. The regional planning commission may provide, within the limitations of its budget, matching funds wherever grants, gifts, bequests, and contractual assistance are available on such basis. (7) A regional planning commission shall be a body politic and corporate, with power to sue and be sued. It shall be liable on its undertakings, contractual or otherwise. The individual members thereof and the cooperating governing bodies or officials and boards shall not be liable on the undertakings of the commission, contractual or otherwise, regardless of the procedure by which such undertakings, or any of them, may be entered into. be a body politic and corporate, with power to sue and be sued. It shall be liable on its undertakings, contractual or otherwise. The individual members thereof and the cooperating governing bodies or officials and boards shall not be liable on the undertakings of the commission, contractual or otherwise, regardless of the procedure by which such undertakings, or any of them, may be entered into. (8) The regional planning commission has the power to adopt articles to regulate and govern its affairs, whether as an incorporated association or otherwise, in the performance of the regional planning functions as defined by statute; such articles shall contain rules pertaining to the transaction of the commission's business. The regional planning commission shall keep records of its resolutions, transactions, contractual undertakings, findings, and determinations, which records shall be public records. The regional planning commission has and shall exercise all powers necessary or incidental to exercise fully the powers and authority conferred in this section. (9) A regional planning commission may, to the extent provided for in a resolution adopted by a board of county commissioners, perform the functions of a county planning commission as provided for in this part 1. (10) Nothing in this part 1 shall preclude participation by any county or municipality in more than one regional planning commission.

C.R.S. § 30-28-106 Master plan - definition

30-28-106. Master plan - definition. (1) It is the duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county, subject to the approval of the county commission having jurisdiction thereof. When a county planning commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the county in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. (2) (a) It is the duty of a regional planning commission to make and adopt a regional plan for the physical development of the territory within the boundaries of the region, but no such plan shall be effective within the boundaries of any incorporated municipality within the region unless such plan is adopted by the governing body of the municipality for the development of its territorial limits and under the terms of paragraph (b) of this subsection (2). When a regional planning commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the region in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. (b) Any plan adopted by a regional planning commission shall not be deemed an official advisory plan of any municipality or county unless adopted by the planning commission of such municipality or county. (3) (a) The master plan of a county or region, with the accompanying maps, plats, charts, and descriptive and explanatory matter, must show the county or regional planning commission's recommendations for the development of the territory covered by the master plan. The master plan of a county or region is an advisory document to guide land development decisions; however, the master plan or any part thereof may be made binding by inclusion in the county's or region's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes, as appropriate. (a.3) (I) The county or regional planning commission shall follow the procedures in section 24-32-3209. For purposes of this section, any special district that supplies water to the area covered by the master plan is a neighboring jurisdiction as defined in section 24-32-3209 (1)(h). (II) In adopting or amending a master plan, the county or regional planning commission shall consider the following, where applicable or appropriate, and any other information deemed relevant by the county or regional planning commission: (A) The applicable housing needs assessments published pursuant to sections 24-32-3702 (1)(b), 24-32-3703, and 24-32-3704; (B) The statewide strategic growth report created pursuant to section 24-32-3707; (C) The natural land and agricultural opportunities report published pursuant to section 24-32-3708; and (D) The Colorado water plan adopted pursuant to section 37-60-106.3. (a.5) The master plan must include: housing needs assessments published pursuant to sections 24-32-3702 (1)(b), 24-32-3703, and 24-32-3704; (B) The statewide strategic growth report created pursuant to section 24-32-3707; (C) The natural land and agricultural opportunities report published pursuant to section 24-32-3708; and (D) The Colorado water plan adopted pursuant to section 37-60-106.3. (a.5) The master plan must include: (I) A narrative description of the procedure used for the development and adoption of the master plan, including a summary of any objections to the master plan made by neighboring jurisdictions as defined in section 24-32-3209 (1)(h) and a description of the resolution or outcome of the objections; (II) (A) A water supply element developed in consultation with entities that supply water for use within the county or region to ensure coordination on water supply and facility planning. Nothing in this section requires the public disclosure of confidential information related to water supply or facilities. (B) The water supply element must estimate a range of water supplies and facilities needed to support the potential public and private development described in the master plan, and include water conservation policies, to be determined by the county or local governments within a region, which may include goals specified in the Colorado water plan adopted pursuant to section 37-60-106.3 and policies to implement water conservation and other Colorado water plan goals as a condition of development approval, for subdivisions, planned unit developments, special use permits, and zoning changes. (C) A county or region with a master plan that includes a water supply element shall ensure that its master plan includes water conservation policies at the first amending of the master plan, but not later than July 1, 2025. (D) Nothing in this subsection (3)(a.5)(II) supersedes, abrogates, or otherwise impairs the allocation of water pursuant to the state constitution or any other provision of law, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. (E) The department of local affairs may hire and employ one full-time employee to provide educational resources and assistance to a county or region that includes water conservation policies in the water supply elements of master plans as required by this subsection (3)(a.5)(II). (III) A strategic growth element that integrates elements of the master plan to discourage sprawl and promote the development or redevelopment of vacant and underutilized parcels in urban areas to address the demonstrated housing needs of the county or region and mitigate the need for extension of infrastructure and public services to develop natural and agricultural lands for residential uses. The strategic growth element must include: (A) A description of existing and potential policies and tools to promote strategic growth and prevent sprawl; and underutilized parcels in urban areas to address the demonstrated housing needs of the county or region and mitigate the need for extension of infrastructure and public services to develop natural and agricultural lands for residential uses. The strategic growth element must include: (A) A description of existing and potential policies and tools to promote strategic growth and prevent sprawl; (B) An analysis of vacant and underutilized sites that identifies vacant, partially vacant, and underutilized land near existing or planned transit or job centers that could be used for infill development, redevelopment, and new development of housing; assesses the general feasibility of the development or redevelopment of such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; describes the public benefits of the development or redevelopment of such sites to the county or region as an alternative to the development of previously undeveloped natural or agricultural land; and, in a manner that is consistent with the master plan, designates such sites for which development or redevelopment is deemed to be generally feasible for future uses that include residential uses in a manner that addresses the demonstrated housing needs of the county or region at all income levels; and (C) An analysis of undeveloped sites that identifies previously undeveloped parcels that are not adjacent to developed land, including existing natural and agricultural land, under consideration for future development, and, for a county or region in a metropolitan planning organization established under the "Federal Transit Act of 1998," 49 U.S.C. sec. 5301 et seq., as amended, land outside of census urban areas as defined by the United States bureau of the census; assesses the general feasibility of the development of such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; and describes the long-term fiscal impact to the county or region of the construction, ownership, maintenance, and replacement of infrastructure and public facilities and the provision of public services to serve development of such sites; (IV) The most recent housing action plan or plans adopted by the county or municipalities within the region pursuant to section 24-32-3705; and (V) For a master plan by a regional planning commission, the most recent version of the master plan required by section 31-12-105 (1)(e) by each municipality that is part of the regional planning commission and a description of how each jurisdiction will integrate that plan into the master plan. (a.7) (I) A county or region with a master plan shall ensure that its master plan includes a water supply element and a strategic growth element as required by subsection (3)(a.5) of this section at the first amending of the master plan that occurs on or after January 1, 2026, but not later than December 31, 2026. The master plan of a county or region adopted or amended after December 31, 2026, must include a water supply element and strategic growth element as required by subsection (3)(a.5) of this section. The county or region must update the water supply element and strategic growth element no less frequently than every five years. (II) A county or region with a master plan is not required to include a strategic growth element, if the county or region has not received funding to include the strategic growth element pursuant to section 24-32-3710 and either: (A) Has a population of twenty thousand or less in the county's unincorporated territory and has experienced negative population change in the most recent decennial census; or (B) Has a population of five thousand or less in the county's unincorporated territory. t, if the county or region has not received funding to include the strategic growth element pursuant to section 24-32-3710 and either: (A) Has a population of twenty thousand or less in the county's unincorporated territory and has experienced negative population change in the most recent decennial census; or (B) Has a population of five thousand or less in the county's unincorporated territory. (a.9) The master plan may include, where applicable or appropriate: (I) The general location, character, and extent of existing, proposed, or projected streets or roads, rights-of-way, viaducts, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the county or region and that the county or region has received notification of or, if the county or region is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the county or region has received notification of and that applies to the county or region; (II) The general location of public places or facilities, including public schools; culturally, historically, or archaeologically significant buildings, sites, and objects; playgrounds, forests, reservations, squares, parks, airports, aviation fields, military installations; and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, "military installation" has the same meaning as specified in section 29-20-105.6 (2)(b). (III) The general location and extent of public utilities, terminals, capital facilities, and transfer facilities, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication, heat, and other purposes and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities; (IV) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, modification, or change of use of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other counties, regions, or municipalities, grounds, open spaces, buildings, properties, utilities, or terminals referred to in subsections (3)(a.5)(II)(C), (3)(a.9)(I), (3)(a.9)(II), and (3)(a.9)(III) of this section; (V) Methods for assuring access to appropriate conditions for solar, wind, or other alternative energy sources, including geothermal energy used for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation; (VI) The general character, location, and extent of community centers, townsites, housing developments, whether public or private; the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the county or region; and urban conservation or redevelopment areas. If a county or region has entered into a regional planning agreement, the agreement may be incorporated by reference into the master plan. (VII) The general location and extent of forests, agricultural areas, flood control areas, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, flood control, or the protection of urban development; (VIII) A land classification and utilization program; ning agreement, the agreement may be incorporated by reference into the master plan. (VII) The general location and extent of forests, agricultural areas, flood control areas, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, flood control, or the protection of urban development; (VIII) A land classification and utilization program; (IX) Projections of population change and housing needs to accommodate the projected population for specified increments of time. The county or region may base these projections upon data from the department of local affairs and upon the county's or region's local objectives. (X) The location of areas containing steep slopes, geological hazards, endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance: (A) The Colorado geological survey for defining and mapping geological hazards; (B) The United States fish and wildlife service of the United States department of the interior and the parks and wildlife commission created in section 33-9-101 for locating areas inhabited by endangered or threatened species; (C) The United States army corps of engineers and the United States fish and wildlife service national wetlands inventory for defining and mapping wetlands; (D) The federal emergency management agency for defining and mapping floodplains, floodways, and flood risk zones; (E) The natural resources conservation service of the United States department of agriculture for defining and mapping unstable soils and highly erodible land; and (F) The Colorado state forest service for locating wildfire hazard areas. (b) Any master plan of a county or region which includes mass transportation shall be coordinated with that of any adjacent county, region, or other political subdivision, as the case may be, to eliminate conflicts or inconsistencies and to assure the compatibility of such plans and their implementation pursuant to this section and sections 30-11-101, 30-25-202, and 30-26-301. (c) The master plan of a county or region shall also include a master plan for the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S. (d) The master plan of a county or region may also include plans for the development of drainage basins in all or portions of the county or region. When county subdivision regulations require the payment of drainage fees, as provided in section 30-28-133 (11), the master plan shall include the plan for the development of drainage basins. (e) In creating the master plan of a county or region, the county or regional planning commission may take into consideration the availability of affordable housing within the county or region. Counties are encouraged to examine any regulatory impediments to the development of affordable housing. (f) (Deleted by amendment, L. 2007, p. 612, § 1, effective August 3, 2007.) (g) The master plan of a county or region may include designated utility corridors to facilitate the provision of utilities to all developments in the county or region. (4) (a) Each county that has not already adopted a master plan and that meets one of the following descriptions shall adopt a master plan within two years after January 8, 2002: (I) Each county or city and county that has a population equal to or greater than ten thousand and the population of which has demonstrated an increase of either: (A) Ten percent or more during the calendar years 1994 to 1999; or (B) Ten percent or more during any five-year period ending in 2000 or any subsequent year; (II) Each county or city and county that has a population of one hundred thousand or more. y or city and county that has a population equal to or greater than ten thousand and the population of which has demonstrated an increase of either: (A) Ten percent or more during the calendar years 1994 to 1999; or (B) Ten percent or more during any five-year period ending in 2000 or any subsequent year; (II) Each county or city and county that has a population of one hundred thousand or more. (b) To the extent the county does not meet a description specified in subparagraph (I) or (II) of paragraph (a) of this subsection (4), the counties of Clear Creek, Gilpin, Morgan, and Pitkin shall adopt a master plan within two years after January 8, 2002. (c) The department of local affairs shall annually determine, based on the population statistics maintained by said department, whether a county is subject to the requirements of this subsection (4), and shall notify any county that is newly identified as being subject to said requirements. Any such county shall have two years following receipt of notification from the department to adopt a master plan. (d) Once a county is identified as being subject to the requirements of this subsection (4), the county shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet any of the descriptions in paragraph (a) of this subsection (4). (5) A master plan adopted in accordance with the requirements of subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the county shall indicate how it intends to provide for the recreational and tourism needs of residents of the county and visitors to the county through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses. (6) The master plan of any county adopted or amended in accordance with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable. (7) Notwithstanding any other provision of this section, no master plan originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the county pursuant to section 34-1-304, C.R.S. (8) A county or regional planning commission shall submit the master plan and any separately approved water supply element and strategic growth element to the division of local government in the department of local affairs. The division of local government shall review master plans and may provide comments to the commission.

C.R.S. § 30-28-107 Surveys and studies

30-28-107. Surveys and studies. In the preparation of a county or regional master plan, a county or regional planning commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the territory within its jurisdiction. The county or regional master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the county or region which, in accordance with present and future needs and resources, will best promote the health, safety, morals, order, convenience, prosperity, or general welfare of the inhabitants, as well as efficiency and economy in the process of development, including such distribution of population and of the uses of land for urbanization, trade, industry, habitation, recreation, agriculture, forestry, and other purposes as will tend to create conditions favorable to health, safety, energy conservation, transportation, prosperity, civic activities, and recreational, educational, and cultural opportunities; will tend to reduce the wastes of physical, financial, or human resources which result from either excessive congestion or excessive scattering of population; and will tend toward an efficient and economic utilization, conservation, and production of the supply of food and water and of drainage, sanitary, and other facilities and resources.

C.R.S. § 30-28-108 Adoption of plan by resolution

30-28-108. Adoption of plan by resolution. A county or regional planning commission may adopt the county or regional master plan as a whole by a single resolution or, as the work of making the whole master plan progresses, may adopt parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter which may be included in the plan. The commission may amend, extend, or add to the plan or carry any part of it into greater detail from time to time. The adoption of the plan or any part, amendment, extension, or addition shall be by resolution carried by the affirmative votes of not less than a majority of the entire membership of the commission. The resolution shall refer expressly to the maps and descriptive matter intended by the commission to form the whole or part of the plan. The action taken shall be recorded on the map and descriptive matter by the identifying signature of the secretary of the commission.

C.R.S. § 30-28-109 Certification of plan

30-28-109. Certification of plan. The county planning commission shall certify a copy of its master plan, or any adopted part or amendment thereof or addition thereto, to the board of county commissioners of the county. The regional planning commission shall certify such copies to the boards of county commissioners of the counties lying wholly or partly within the region. The county or regional planning commission shall certify such copies to the planning commission of all municipalities within the county or region. Any municipal planning commission which receives any such certification may adopt so much of the plan, part, amendment, or addition as falls within the territory of the municipality as a part or amendment of or addition to the master plan of the municipality, and, when so adopted, it shall have the same force and effect as though made and prepared, as well as adopted, by such municipal planning commission.

C.R.S. § 30-28-110 Regional planning commission approval - required when - recording

30-28-110. Regional planning commission approval - required when - recording. (1) (a) Whenever any county planning commission or, if there is none, any regional planning commission has adopted a master plan of the county or any part thereof, no road, park, or other public way, ground, or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the unincorporated territory of the county until and unless the proposed location and extent thereof has been submitted to and approved by such county or regional planning commission. (b) In case of disapproval, the commission shall communicate its reasons to the board of county commissioners of the county in which the public way, ground, space, building, structure, or utility is proposed to be located. Such board has the power to overrule such disapproval by a vote of not less than a majority of its entire membership. Upon such overruling, said board or other official in charge of the proposed construction or authorization may proceed therewith. (c) If the public way, ground, space, building, structure, or utility is one the authorization or financing of which does not, under the law governing the same, fall within the province of the board of county commissioners or other county officials or board, the submission to the commission shall be by the body or official having such jurisdiction, and the commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. In the case of a utility owned by an entity other than a political subdivision, the submission to the commission shall be by the utility and shall not be by the public utilities commission; however, the commission's disapproval may be overruled by the public utilities commission by a vote of not less than a majority of its entire membership. (d) The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road, park, or other public way, ground, place, property, or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. (e) The failure of the commission to act within thirty days after the date of official submission to it shall be deemed approval, unless a longer period is granted by the submitting board, body, or official. (2) (a) In any geographic area of common planning jurisdiction, which area consists of part or all of several counties for which a regional plan has been duly adopted, the district, county, or municipal planning commission shall refer to the regional planning commission for review any proposed new or changed land use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban renewal projects, proposed public facilities, or other planning functions which clearly affect another local governmental unit, or which affect the region as a whole, or which are the subject of primary responsibility of the regional planning commission. (b) In any geographic area of common planning jurisdiction which involves part or all of only one county for which a regional plan has been duly adopted, the district, county, or municipal planning commission shall refer to the regional planning commission for review any proposed new or changed land use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban renewal projects, proposed public facilities, or other planning functions which clearly affect another local governmental unit, or which affect the region as a whole, or which are the subject of primary responsibility of the regional planning commission. nning commission for review any proposed new or changed land use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban renewal projects, proposed public facilities, or other planning functions which clearly affect another local governmental unit, or which affect the region as a whole, or which are the subject of primary responsibility of the regional planning commission. (c) The regional planning commission shall, within thirty days after the receipt of such referral, report to the district, county, or municipal planning commission on the effect of the referred matter on the regional plan. This time may be extended by mutual agreement. If, during the review time, a satisfactory adjustment in the referred matter cannot be worked out, the regional planning commission may report to the district, county, or municipal planning commission that this referred matter is inconsistent with the regional plan. In that case, if the district, county, or municipality has theretofore adopted the regional plan for the development of its area, the concurrent vote of two-thirds of the total membership of the district, county, or municipal planning commission shall be required to issue a different independent report on such matters. In all instances, the regional planning commission may also forward its report on the referred matter to the governing body of the governmental unit having authority to decide the matter. (d) The failure of the regional planning commission to reply within thirty days after the receipt of the referral, or within the agreed extension of time, shall be deemed approval of the matter referred. (e) A failure on the part of any district, county, or municipal planning commission to refer to the regional planning commission any plan or authorization provided for in paragraphs (a) and (b) of this subsection (2) shall be deemed a determination by such district, county, or municipal planning commission that the matter is local in nature. (f) The regional planning commission, on its own initiative, may initiate a review of any matter involving its regional planning functions, whether such matter has been referred to it or not, if the subject of the review affects two or more local jurisdictions and may make a report of the result of such review to the governing bodies of the jurisdictions involved. (g) The provisions of this subsection (2) shall not apply to any proposed business or industrial zoning change of less than twenty acres nor to any proposed residential zoning change or subdivision of less than forty acres. (3) (a) All plans of streets or highways for public use, and all plans, plats, plots, and replots of land laid out in subdivision or building lots and the streets, highways, alleys, or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the board of county commissioners for review and subsequent approval, conditional approval, or disapproval. It is not lawful to record any such plan or plat in any public office unless the same bears thereon, by endorsement or otherwise, the approval of the board of county commissioners and after review by the appropriate planning commission. ting thereon or adjacent thereto, shall be submitted to the board of county commissioners for review and subsequent approval, conditional approval, or disapproval. It is not lawful to record any such plan or plat in any public office unless the same bears thereon, by endorsement or otherwise, the approval of the board of county commissioners and after review by the appropriate planning commission. (b) The approval of said plan or plat by such commission shall not be deemed an acceptance of the proposed dedication by the public. Such acceptance, if any, shall be given by action of the governing body of the municipality or by the board of county commissioners. The owners and purchasers of such lots shall be presumed to have notice of public plans, maps, and reports of such commission affecting such property within its jurisdiction. (4) (a) Any subdivider, or agent of a subdivider, who transfers legal or equitable title or sells any subdivided land before a final plat for such subdivided land has been approved by the board of county commissioners and recorded or filed in the office of the county clerk and recorder is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars nor less than five hundred dollars for each parcel of or interest in subdivided land which is sold. All fines collected under this paragraph (a) shall be credited to the general fund of the county. No person shall be prosecuted, tried, or punished under this paragraph (a) unless the indictment, information, complaint, or action for the same is instituted prior to the expiration of eighteen months after the recordation or filing in the office of the county clerk and recorder of the instrument transferring or selling such subdivided land. The board of county commissioners may provide for the enforcement of subdivision regulations by means of withholding building permits. No plat for subdivided land shall be approved by the board of county commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer's office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. (b) The board of county commissioners of the county in which the subdivided land is located has the power to bring an action to enjoin any subdivider from selling subdivided land before a final plat for such subdivided land has been approved by the board of county commissioners. (c) The board of county commissioners shall distribute, or cause to be distributed, the sets of plans or plats submitted to the agencies as referred to in section 30-28-136 (1). (d) Any violation of paragraph (a) of this subsection (4) is prima facie evidence of a fraudulent land transaction and shall be grounds for the purchaser to void the transfer or sale. y the board of county commissioners. (c) The board of county commissioners shall distribute, or cause to be distributed, the sets of plans or plats submitted to the agencies as referred to in section 30-28-136 (1). (d) Any violation of paragraph (a) of this subsection (4) is prima facie evidence of a fraudulent land transaction and shall be grounds for the purchaser to void the transfer or sale. (e) This subsection (4) applies only with respect to parcels of land less than thirty-five acres in area. (5) (a) Notice of the filing of preliminary plans of any type required by this section to be submitted to a district, regional, or county planning commission or to the board of county commissioners, if the situs of these plans lies wholly or partially within two miles of the corporate limits of a municipality but not within the corporate limits of another municipality, shall be referred to the town or city clerk of such municipality by the county planning commission or, if there be none, by the board of county commissioners. Within fourteen days of the receipt of such plans, the municipality, by action of its city council or town board, or, if one exists, by action of its planning commission, may make its recommendations to the board of county commissioners, which shall forward the same to the district, regional, or county planning commission, if any. Failure of the town board, city council, or agents designated by them to make any recommendation within fourteen days of the receipt of such plans shall constitute waiver of its right to make such recommendation. (b) If such recommendation is made by the municipality, it shall be taken into consideration by the board of county commissioners and district, regional, or county planning commission, if any, before action is taken upon the plans. The board of county commissioners and district, regional, or county planning commission, if any, shall take no action on such plans until the recommendation of the municipality is received or until fifteen days after receipt of the preliminary plans, whichever is sooner.

C.R.S. § 30-28-111 Zoning plan

30-28-111. Zoning plan. (1) The county planning commission of any county may, and upon order by the board of county commissioners in any county having a county planning commission shall, make a zoning plan for zoning all or any part of the unincorporated territory within such county, including both the full text of the zoning resolution and the maps, and representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk, and size of buildings and other structures, percentage of lot which may be occupied, the size of lots, courts, and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, access to sunlight for solar energy devices, and the uses of land for trade, industry, recreation, or other purposes. To the end that adequate safety may be secured, the county planning commission may include in said zoning plan provisions establishing, regulating, and limiting such uses on or along any storm or floodwater runoff channel or basin as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters. (2) The county planning commission or the board of adjustment of any county, in the exercise of powers pursuant to this article, may condition any portion of a zoning resolution, any amendment thereto, or any exception to the terms thereof upon the preservation, improvement, or construction of any storm or floodwater runoff channel designated and approved by the Colorado water conservation board.

C.R.S. § 30-28-112 Certification of plan - hearings

30-28-112. Certification of plan - hearings. The county planning commission shall certify a copy of the plans for zoning all or any part of the unincorporated territory within the county, or any adopted part or amendment thereof or addition thereto, to the board of county commissioners of the county. After receiving the certification of said zoning plans from the commission and before the adoption of any zoning resolutions, the board of county commissioners shall hold a public hearing thereon, the time and place of which at least fourteen days' notice shall be given by one publication in a newspaper of general circulation in the county. Such notice shall state the place at which the text and maps so certified by the county planning commission may be examined. No substantial change in or departure from the text or map so certified by the county planning commission shall be made unless such change or departure is first submitted to the certifying county planning commission for its approval, disapproval, or suggestions and, if disapproved, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. The county planning commission shall have thirty days after such submission within which to send its report to the board of county commissioners.

C.R.S. § 30-28-113 Regulation of size and use - districts - definitions - repeal

30-28-113. Regulation of size and use - districts - definitions - repeal. (1) (a) Except as otherwise provided in section 34-1-305, C.R.S., when the county planning commission of any county makes, adopts, and certifies to the board of county commissioners plans for zoning the unincorporated territory within any county, or any part thereof, including both the full text of a zoning resolution and the maps, after public hearing thereon, the board of county commissioners, by resolution, may regulate, in any portions of such county that lie outside of cities and towns: (I) The location, height, bulk, and size of buildings and other structures; (II) The percentage of lots that may be occupied; (III) The size of yards, courts, and other open spaces; (IV) The uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes; (V) Access to sunlight for solar energy devices; and (VI) The uses of land for trade, industry, residence, recreation, or other purposes and for flood control. (b) (I) In order to accomplish such regulation, the board of county commissioners: (A) May divide the territory of the county that lies outside of cities and towns into districts or zones of such number, shape, or area as it may determine, and, within such districts or any of them, may regulate the erection, construction, reconstruction, alteration, and uses of buildings and structures and the uses of land; and (B) May require and provide for the issuance of building permits as a condition precedent to the right to erect, construct, reconstruct, or alter any building or structure within any district covered by such zoning resolution. (II) (A) Except as otherwise provided in this section, the aggregate of all charges or other related or associated fees a county shall impose or assess to install an active solar energy system or geothermal energy system shall not exceed the lesser of the county's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the county's actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A county may increase its fees or other charges as authorized by this subsection (1)(b)(II) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (1)(b)(II) is achieved. The county shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (1)(b)(II) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (1)(b)(II) is a matter of statewide concern. This subsection (1)(b)(II) is repealed, effective December 31, 2029. (B) In the case of a nonresidential application, on an individual installation basis only, if the county incurs actual costs for issuing the permit that are greater than one thousand dollars, the county is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the county's actual costs. (C) As used in this subsection (1)(b)(II), "active solar energy system" means a single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and "geothermal energy system" means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation. ergy system" means a single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and "geothermal energy system" means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation. (2) The county planning commission may make and certify a single plan for the entire unincorporated portion of the county or separate and successive plans for those parts which it deems to be urbanized or suitable for urban development and those parts which, by reason of distance from existing urban communities or for other causes, it deems suitable for nonurban development. Any resolution adopted by the board of county commissioners may cover and include the unincorporated territory covered and included in any such single plan or in any of such separate and successive plans. No resolution covering more or less than the territory covered by any such certified plan shall be adopted or put into effect until and unless it is first submitted to the county planning commission which certified the plan to the board of county commissioners and is approved by said commission or, if disapproved, receives the favorable vote of not less than a majority of the entire membership of such board. All such regulations shall be uniform for each class or kind of building or structure throughout any district, but the regulations in any one district may differ from those in other districts.

C.R.S. § 30-28-114 Enforcement - inspector - permits

30-28-114. Enforcement - inspector - permits. The board of county commissioners may provide for the enforcement of the zoning regulations by means of the withholding of building permits, and, for such purpose, may establish and fill a position of county building inspector and may fix the compensation attached to said position, or may authorize one or more administrative officials of the county to assume some or all functions of such position in addition to their customary functions. Such board may also fix a reasonable schedule of fees for the issuance of such permits. After the establishment of such position and the filling of the same, it shall be unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within the unincorporated territory covered by such zoning regulations without obtaining a building permit from such county building inspector. Such building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning regulations then in effect.

C.R.S. § 30-28-115 Public welfare to be promoted - legislative declaration - construction

30-28-115. Public welfare to be promoted - legislative declaration - construction. (1) Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the state, including lessening the congestion in the streets or roads or reducing the waste of excessive amounts of roads, promoting energy conservation, securing safety from fire, floodwaters, and other dangers, providing adequate light and air, classifying land uses and distributing land development and utilization, protecting the tax base, securing economy in governmental expenditures, fostering the state's agricultural and other industries, and protecting both urban and nonurban development. (1.5) (a) The general assembly finds and declares that access to outpatient clinical facilities providing reproductive health care, as defined in section 25-6-402 (4), is a matter of statewide concern and that, for purposes of zoning and other land use planning, such facilities fall within the meaning of a medical office use, a medical clinic use, a health-care use, and other facilities that provide outpatient health-care services. (b) For the purposes of zoning and other land use planning, every local government that has adopted or adopts a zoning ordinance shall recognize the provision of outpatient reproductive health care, as defined in section 25-6-402 (4), as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use. (c) Nothing in this subsection (1.5) restricts or supersedes the authority of a local government to enact uniform zoning ordinances and other land use regulations that comply with this subsection (1.5). (2) (a) The general assembly hereby finds and declares that it is the policy of the state to assist persons who have an intellectual and developmental disability to live in typical residential surroundings. Further, the general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and developmental disabilities, which are known as community residential homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern and that a state-licensed group home for eight persons with intellectual and developmental disabilities is a residential use of property for zoning purposes. The phrase "residential use of property for zoning purposes", as used in this subsection (2), includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, "person with a developmental disability" has the same meaning as "person with an intellectual and developmental disability" as set forth in section 25.5-10-202, C.R.S. hrase "residential use of property for zoning purposes", as used in this subsection (2), includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, "person with a developmental disability" has the same meaning as "person with an intellectual and developmental disability" as set forth in section 25.5-10-202, C.R.S. (b) (I) (Deleted by amendment, L. 2001, p. 103, § 1, effective March 21, 2001.) (II) The general assembly declares that the establishment of group homes for the aged for the exclusive use of not more than eight persons sixty years of age or older per home is a matter of statewide concern. The general assembly further finds and declares that it is the policy of this state to enable and assist persons sixty years of age or older who do not need nursing facilities and who so elect to live in normal residential surroundings, including single-family residential units. Group homes for the aged shall be distinguished from nursing facilities, as defined in section 25.5-4-103 (14), and institutions providing life care, as defined in section 11-49-101 (6). Every county having adopted or that shall adopt a zoning ordinance shall provide for the location of group homes for the aged. A group home for the aged established under this subsection (2)(b)(II) shall not be located within seven hundred fifty feet of another such group home, unless otherwise provided for by the county. (b.5) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental health disorders, as defined in section 27-65-102, is a matter of statewide concern and that a state-licensed group home for eight persons with behavioral or mental health disorders is a residential use of property for zoning purposes, as defined in section 31-23-301 (4). A group home for persons with behavioral or mental health disorders established pursuant to this subsection (2)(b.5) must not be located within seven hundred fifty feet of another such group home or of another group home as described in subsections (2)(a) and (2)(b) of this section, unless otherwise provided for by the county. A person must not be placed in a group home without being screened by either a professional person, as defined in section 27-65-102 (27), or any other mental health professional designated by the director of a facility, which facility is approved by the commissioner of the behavioral health administration. Persons determined to be not guilty by reason of insanity to a violent offense must not be placed in such group homes, and any person who has been convicted of a felony involving a violent offense is not eligible for placement in such group homes. This subsection (2)(b.5) must be implemented, where appropriate, by the rules of the department of public health and environment concerning residential treatment facilities for persons with behavioral or mental health disorders. Nothing in this subsection (2)(b.5) exempts such group homes from compliance with any state, county, or municipal health, safety, and fire codes. (b.7) The general assembly finds and declares that it is the policy of the state to encourage, promote, and assist persons who are in recovery from substance use disorders to live in residential neighborhoods. Further, the general assembly declares that the use of recovery residences, as defined in section 27-80-129 (1)(b), by persons in recovery from substance use disorders is a matter of statewide concern and that recovery residences are a residential use of property for zoning purposes and subject only to the regulations of like dwellings in the same zone. orders to live in residential neighborhoods. Further, the general assembly declares that the use of recovery residences, as defined in section 27-80-129 (1)(b), by persons in recovery from substance use disorders is a matter of statewide concern and that recovery residences are a residential use of property for zoning purposes and subject only to the regulations of like dwellings in the same zone. (c) Nothing in this subsection (2) shall be construed to supersede the authority of municipalities and counties to regulate such homes appropriately through local zoning ordinances or resolutions, except insofar as such regulation would be tantamount to prohibition of such homes from any residential district. This section is specifically not to be construed to permit violation of the provisions of any zoning ordinance or resolution with respect to height, setbacks, area, lot coverage, or external signage or to permit architectural designs substantially inconsistent with the character of the surrounding neighborhood. This section is also not to be construed to permit conducting of the ministerial activities of any private or public organization or agency or to permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. If reasonably related to the requirements of a particular home, a local zoning or other development regulation may, without violating the provisions of this section, also attach specific location requirements to the approval of the group home, including the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities. (2.5) In connection with an application for development approval of the siting of a new facility to be used exclusively as a group home for the aged or for at-risk adults under the county's subdivision, zoning, platting, planned unit development, or other similar land development regulations, in addition to any other information required to be submitted, the county may request the applicant to submit a transportation plan showing how the operators of the facility intend to meet the transportation needs of the residents of the facility. The sufficiency of the transportation plan submitted pursuant to this subsection (2.5) may be considered by the county in reviewing the application but may not, by itself, constitute grounds for denying the application. (3) (a) As used in this subsection (3), unless the context otherwise requires: (I) Repealed. (II) "Equivalent performance engineering basis" means that by using engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units. in this subsection (3), unless the context otherwise requires: (I) Repealed. (II) "Equivalent performance engineering basis" means that by using engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units. (b) (I) No county may have or enact zoning regulations, subdivision regulations, or any other regulation affecting development which exclude or have the effect of excluding homes from the county that are: (A) Homes certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf; (B) Homes certified by the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or (C) Homes that meet or exceed, on an equivalent performance engineering basis, standards established by the county building code. (II) Nothing in this subsection (3) shall prevent a county from enacting any zoning, developmental, use, aesthetic, or historical standard, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard, and setback standards to the extent that such standards or requirements are applicable to existing or new housing within the specific use district of the county. (III) Nothing in this subsection (3) shall preclude any county from enacting county building code provisions for unique public safety requirements such as snow load roof, wind shear, and energy conservation factors, unless the home is certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf or the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf. A county must comply with section 24-32-3318 when enacting building code provisions for a manufactured home as defined in section 24-32-3302 (20). (IV) Nothing in this subsection (3) shall be deemed to supersede any valid covenants running with the land.

C.R.S. § 30-28-116 Regulations may be amended

30-28-116. Regulations may be amended. From time to time the board of county commissioners may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the zoning resolution. Any such amendment shall not be made or become effective unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. If disapproved by such commission within thirty days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. Before finally adopting any such amendment, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days' notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county.

C.R.S. § 30-28-117 Board of adjustment

30-28-117. Board of adjustment. (1) The board of county commissioners of any county which enacts zoning regulations under the authority of this part 1 shall provide for a board of adjustment of three to five members and for the manner of the appointment of such members. Not more than half of the members of such board may at any time be members of the planning commission. The board of county commissioners shall fix per diem compensation and terms for the members of such board of adjustment, which terms shall be of such length and so arranged that the term of at least one member will expire each year. Any member of the board of adjustment may be removed for cause by the board of county commissioners upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. The board of county commissioners may appoint associate members of such board, and, in the event that any regular member is temporarily unable to act owing to absence from the county, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary disability by an associate member designated for that purpose. (2) The board of county commissioners shall provide and specify in its zoning or other resolutions general rules to govern the organization, procedure, and jurisdiction of said board of adjustment, which rules shall not be inconsistent with the provisions of this part 1. The board of adjustment may adopt supplemental rules of procedure not inconsistent with this part 1 or such general rules. (3) Any zoning resolution of the board of county commissioners may provide that the board of adjustment, in appropriate cases and subject to appropriate principles, standards, rules, conditions, and safeguards set forth in the zoning resolution, may make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Where feasible, special exception may be made for the purpose of providing access to sunlight for solar energy devices. The board of county commissioners may also authorize the board of adjustment to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions, as they may arise in the administration of the zoning regulations. (4) Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by application to the district court. The court, upon proper showing, may issue subpoenas and enforce obedience by contempt proceedings. All meetings of the board of adjustment shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (5) The governing body of a county that has entered into an intergovernmental agreement with a municipality located or partially located within that county for the purposes of joint participation in land use planning, subdivision procedures, and zoning pursuant to the authority granted in section 31-23-227 (2), C.R.S., may enter into an intergovernmental agreement with that municipality for the purpose of establishing a joint zoning board of adjustment for a specific area designated in the intergovernmental agreement.

C.R.S. § 30-28-118 Appeals to board of adjustment

30-28-118. Appeals to board of adjustment. (1) (a) Appeals to the board of adjustment may be taken by any person aggrieved by his inability to obtain a building permit or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning resolution. Appeals to the board of adjustment may be taken by any officer, department, board, or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning resolution. The time within which such appeal shall be made, and the form or other procedure relating thereto, shall be as specified in the general rules provided by the board of county commissioners to govern the procedure of such board of adjustment or in the supplemental rules of procedure adopted by such board. (b) No such appeal to the board of adjustment shall be allowed for building use violations that may be prosecuted pursuant to section 30-28-124 (1)(b). (2) Upon appeals the board of adjustment has the following powers: (a) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made by an administrative official or agency based on or made in the enforcement of the zoning resolution; (b) To hear and decide, in accordance with the provisions of any such resolution, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such resolution to pass; (c) Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this part 1 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning resolutions. In determining whether difficulties to, or hardship upon, the owner of such property exist, as used in this paragraph (c), the adequacy of access to sunlight for solar energy devices installed on or after January 1, 1980, may properly be considered. Regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. (3) The concurring vote of four members of the board in the case of a five-member board and of three members in the case of a three-member board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or agency or to decide in favor of the appellant.

C.R.S. § 30-28-119 District planning commissions

30-28-119. District planning commissions. (1) Whether or not a county planning commission has been created, the board of county commissioners of any county which is unzoned, on petition, from time to time, may appoint district planning commissions for the purpose of preparing plans for zoning certain portions of the unincorporated territory within such county. Such petition shall: (a) Be signed by more than fifty percent of the qualified electors who are residents in the proposed district and more than fifty percent of the residents and nonresidents who own more than fifty percent of the area of real property situated within the boundaries of the district described in the petition; (b) Request the appointment of a planning commission for such district; (c) Contain all of the following: (I) A list of the parcels of land as shown in the records of the county assessor to be included within the proposed district; (II) A list of proposed planning commissioners; and (III) A map that shows the boundaries of the proposed district and the total number of acres within the proposed district and that meets the minimum standards for land surveys and plats provided in article 51 of title 38, C.R.S.; (d) Be submitted to the county clerk and recorder. (1.3) The county clerk and recorder shall review the petition and prepare a report for the board of county commissioners. The board of county commissioners may adopt rules on processing the petition and establish a reasonable fee for the cost of reviewing the petition. (1.6) At the next regular meeting following the receipt of the report, the board of county commissioners shall determine the sufficiency of the petition and, if found to be sufficient, shall order a public hearing to be held on the question of whether a planning commission for the proposed district should be appointed. The board of county commissioners shall hold the public hearing not more than sixty days after the date the petition is determined sufficient. The petitioner has the burden of proof that a planning commission for the proposed district should be appointed. (2) Notice of the time, place, and purpose of such hearing, containing a description of the boundaries of the proposed district, shall be given by publication in a newspaper of general circulation within the county by one publication at least fourteen days prior to the date of such hearing and shall be mailed by the petitioner for the appointment of a planning commission at least fourteen days before the hearing by certified mail to each person who owns property within the proposed district as shown in the records of the county assessor. (2.3) Any owner of property included within the boundaries of the proposed district shall be entitled to protest the appointment of a planning commission by filing with the board of county commissioners a written statement setting forth in brief the grounds of the protest or by presenting evidence of the grounds of the protest at the hearing. At the time and place specified in said notice, the board of county commissioners shall sit for the purpose of determining whether the public interest requires that a planning commission for the proposed district should be appointed. A person protesting the appointment of the planning commission for the proposed district has the burden of proof that a planning commission should not be appointed. (2.7) At the next regular meeting after termination of the hearing, the board of county commissioners, if satisfied that the public interest requires such action, may enter an order appointing a district planning commission and may exclude parcels of land from the proposed district. The district planning commission shall consist of three or five members, each of whom shall be a resident of the district and the owner of real property situated therein. the hearing, the board of county commissioners, if satisfied that the public interest requires such action, may enter an order appointing a district planning commission and may exclude parcels of land from the proposed district. The district planning commission shall consist of three or five members, each of whom shall be a resident of the district and the owner of real property situated therein. (3) (a) The members of such commission shall serve for terms of not more than three years as determined by the board of county commissioners. They shall serve without compensation. The board of county commissioners shall provide for the filling of vacancies in the membership of the commission and for the removal of a member for nonperformance of duty or misconduct. (b) The district planning commission: (I) Has all the powers and is subject to all the duties by this part 1 conferred and imposed upon county planning commissions insofar as such powers and duties relate to zoning and in respect to the territory included within the boundaries of such proposed district; (II) Shall develop proposed plans and regulations for the zoning of the proposed district; and (III) Shall hold public hearings and certify a copy of the proposed zoning plans, including the full text of the zoning resolution and the maps, to the board of county commissioners of the county, and, if a county planning commission has been created in the county wherein the said district is situated, such plans must first be reviewed by the commission. (c) (I) After receiving the certification of said zoning plans from the commission and before the creation of the planning district and adoption of any zoning resolutions, the board of county commissioners shall hold a public hearing in the manner prescribed in section 30-28-112 on the question of establishing the planning district. Notice of the time, place, and purpose of the hearing shall be made in the same manner as provided in subsection (2) of this section. (II) Any property owner within the proposed district may protest inclusion of the owner's property within the district by filing with the board of county commissioners a written statement setting forth briefly the grounds of the protest or by presenting evidence of the grounds of the protest at the hearing. The owner has the burden of proof that the public interest requires exclusion of the owner's property from the district. The board of county commissioners may exclude any parcel of land from the proposed district if the board determines it is within the public interest. (III) If the board of county commissioners determines it is in the public interest, the board may: (A) Enter an order after the hearing that establishes the planning district, describes the boundaries of the district, and gives the district an appropriate and distinctive name; (B) By resolution, adopt all or any part of the proposed zoning plan and regulations; and (C) By resolution, exercise, as to the territory included within the boundaries of such district, all the powers conferred upon it by law. (IV) The zoning regulations established for the district may be administered in the same manner as all other land use regulations of the county or as otherwise provided in the district zoning regulations. part of the proposed zoning plan and regulations; and (C) By resolution, exercise, as to the territory included within the boundaries of such district, all the powers conferred upon it by law. (IV) The zoning regulations established for the district may be administered in the same manner as all other land use regulations of the county or as otherwise provided in the district zoning regulations. (4) Wherever the regulations for a district made pursuant to this section require a greater width or size of yards, courts, or other open spaces, require a lower height of buildings or smaller number of stories, require a greater setback from a road or street, require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other regulations made under the authority of this part 1 and effective within the same territory, the provisions of the regulations for such district made pursuant to this section shall govern. Wherever the provisions of other regulations made under the authority of this part 1 and effective within the territory of a district established pursuant to this section impose higher standards than are imposed by the regulations for such district made pursuant to this section, the provisions of such other regulations shall govern. (5) The boundaries of a planning district may be increased or decreased from time to time through the addition or deletion of contiguous property by order of the board of county commissioners pursuant to petition signed by the owners of more than fifty percent of the area of the real property to be added or deleted or on motion of the board of county commissioners after published notice, opportunity for protest, and hearing, as provided in the case of original establishment of a district. (6) Planning districts may be dissolved by action of the board of county commissioners if the affected county adopts a zoning resolution which covers the district in question. Action for dissolution may also be initiated by a petition calling for dissolution of the district signed by more than fifty percent of the qualified electors who are residents in the district and more than fifty percent of the residents and nonresidents who own more than fifty percent of the area of real property situated within the boundaries of the district or by the board of county commissioners. The board shall hold a public hearing at the county seat within the county on the question of the dissolution of the district. A notice of the time, place, and purpose of such hearing, containing a description of the boundaries of the district, shall be given by publication in a newspaper of general circulation within the county by one publication at least fourteen days prior to the date of such hearing. Prior to the hearing, the county planning commission shall review the proposed dissolution at a public meeting and shall transmit its findings to the board of county commissioners. Any owner of property included within the boundaries of the proposed district shall be entitled to protest the dissolution by filing with the board of county commissioners a written statement setting forth in brief the grounds of the protest or by providing evidence on the grounds of the protest at the hearing. At the time and place specified in said notice, the board of county commissioners shall sit for the purpose of determining whether or not such district should be dissolved, and, at such time and place, it shall consider and pass upon any protests filed. The board of county commissioners, if satisfied that the public interest would be served by such action, shall enter an order dissolving the planning district, or, if satisfied that the public interest would be served by retaining such district, the board shall enter an order dismissing such petition.

C.R.S. § 30-28-120 Existing structures - county property

30-28-120. Existing structures - county property. (1) The lawful use of a building or structure or the lawful use of any land, as existing and lawful at the time of the adoption of a zoning resolution or, in the case of an amendment of a resolution, at the time of such amendment, may be continued, although such use does not conform with the provisions of such resolution or amendment, and such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension. The addition of a solar energy device or a device used as part of a system that uses geothermal energy for water heating or space heating or cooling to such building shall not necessarily be considered a structural alteration. The board of county commissioners may provide in any zoning resolution for the restoration, reconstruction, extension, or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning resolution. (2) If any county acquires title to any property by reason of tax delinquency and such property is not redeemed as provided by law, the future use of such property shall be in conformity with the then provisions of the zoning resolution of the county, or with any amendment of such resolution, equally applicable to other like properties within the district in which the property acquired by the county is located.

C.R.S. § 30-28-121 Temporary regulations

30-28-121. Temporary regulations. The board of county commissioners of any county, after appointment of a county or district planning commission and pending the adoption by such commission of a zoning plan, where in the opinion of the board conditions require such action, may promulgate, by resolution without a public hearing, regulations of a temporary nature, to be effective for a limited period only and in any event not to exceed six months, prohibiting or regulating in any part or all of the unincorporated territory of the county or district the erection, construction, reconstruction, or alteration of any building or structure used or to be used for any business, residential, industrial, or commercial purpose.

C.R.S. § 30-28-122 Submission to division of planning

30-28-122. Submission to division of planning. Before finally adopting and certifying any plan, either master or zoning, the planning commission, regional, county, or district, making such plan shall submit such plan to the division of planning of the department of local affairs for advice and recommendations. The director of the division of planning, within thirty days after such submission, shall present his advice and criticism in respect to such plan. Such advice and criticism shall be advisory only, and the commission submitting such plan shall not be bound thereby. If such advice and criticism have not been presented within such period of thirty days, the approval of such plan by the director of the division of planning shall be presumed.

C.R.S. § 30-28-123 Higher standards govern

30-28-123. Higher standards govern. Wherever the regulations made under authority of this part 1 require a greater width or size of yards, courts, or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this part 1 shall govern. Wherever the provisions of any other statute require a greater width or size of yards, courts, or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this part 1, the provisions of such statute shall govern.

C.R.S. § 30-28-124 Penalties

30-28-124. Penalties. (1) (a) It is unlawful to erect, construct, reconstruct, or alter any building or structure in violation of any regulation in, or of any provisions of, any zoning resolution, or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of this part 1 commits a civil infraction. Each day during which such illegal erection, construction, reconstruction, or alteration continues shall be deemed a separate offense. (b) (I) It is unlawful to use any building, structure, or land in violation of any regulation in, or of any provision of, any zoning resolution, or any amendment thereto, enacted or adopted by any board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment commits a civil infraction. Each day during which such illegal use of any building, structure, or land continues shall be deemed a separate offense. (II) Whenever a county zoning official authorized pursuant to section 30-28-114 has personal knowledge of any violation of this paragraph (b), he or she shall give written notice to the violator to correct the violation within ten days after the date of the notice. Should the violator fail to correct the violation within the ten-day period, the zoning official may request that the sheriff of the county issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. The summons and complaint shall require that the violator appear in county court at a definite time and place stated therein to answer and defend the charge. (III) One copy of said summons and complaint shall be served upon the violator by the sheriff of the county in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the sheriff and the county zoning official, and one copy shall be transmitted by the sheriff to the clerk of the county court. (c) It is the responsibility of the county attorney to enforce the provisions of this subsection (1). In the event that there is no county attorney or in the event that the board of county commissioners deems it appropriate, the board of county commissioners may appoint the district attorney of the judicial district to perform such enforcement duties in lieu of the county attorney. (2) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any regulation or provision of any zoning resolution, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 1, the county attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. In the event that there is no county attorney or in the event that the board of county commissioners deems it appropriate, the board of county commissioners may appoint the district attorney of the judicial district to perform such enforcement duties in lieu of the county attorney.

C.R.S. § 30-28-124.5 County court actions for civil penalties for zoning violations

30-28-124.5. County court actions for civil penalties for zoning violations. (1) It is unlawful to erect, construct, reconstruct, alter, or use any building, structure, or land in violation of any regulation in, or of any provisions of, any zoning resolution or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 1. In addition to any penalties imposed pursuant to section 30-28-124, any person, firm, or corporation violating any such regulation, provision, or amendment thereof or any provision of this part 1 may be subject to the imposition, by order of the county court, of a civil penalty in an amount of not less than five hundred dollars nor more than one thousand dollars. It is within the discretion of the county attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in section 30-28-124, or both. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars for each such day. Until paid, any civil penalty ordered by the county court and assessed under this subsection (1) shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty days, it may be certified by the county attorney to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (1). Any lien placed against the property pursuant to this subsection (1) shall be recorded with the clerk and recorder of the county in which the property is located. (2) (a) In the event any building or structure is erected, constructed, reconstructed, altered, or used or any land is used in violation of any regulation or provision of any zoning resolution, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 1, the county attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided by law, may commence a civil action in county court for the county in which such building, structure, or land is situated, seeking the imposition of a civil penalty in accordance with the provisions of this section. (b) A county zoning official designated by resolution of the board of county commissioners shall, upon personal information and belief that a violation of any regulation or provision of any zoning resolution enacted under the authority of this part 1 has occurred, give written notice to the violator to correct the violation within ten days after the date of the notice. If the violator fails to correct the violation within the ten-day period or within any extension period granted by the zoning official, the zoning official, the sheriff of the county, or the county attorney may issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. (c) One copy of the summons and complaint issued pursuant to paragraph (b) of this subsection (2) shall be served upon the violator in the manner provided by law for the service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk of the county court and thereafter the action shall proceed in accordance with the Colorado rules of county court civil procedure. section (2) shall be served upon the violator in the manner provided by law for the service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk of the county court and thereafter the action shall proceed in accordance with the Colorado rules of county court civil procedure. (d) If the county court finds, by a preponderance of the evidence, that a violation of any regulation or provision of a zoning resolution, or amendment thereto, as enacted and adopted by the board of county commissioners, has occurred, the court shall order the violator to pay a civil penalty in an amount allowed pursuant to subsection (1) of this section. The penalty shall be payable immediately by the violator to the county treasurer. In the event that the alleged violation has been cured or otherwise removed and the violator has notified the county zoning official of the cure or removal at least five business days prior to the appearance date in the summons, then the county attorney shall so inform the court and request that the action be dismissed without fine or appearance of the defendant. (3) Upon the filing with the court of a receipt issued by the county treasurer showing payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the county zoning official that the violation has been cured, removed, or corrected, the court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The court may also dismiss the action upon a motion of the county attorney indicating that the matter has been otherwise resolved. (4) If a receipt showing full payment of the civil penalty or the affidavit or the motion by the county attorney required by subsection (3) of this section is not filed, the action shall continue and the court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in subsection (1) of this section. The additional penalty shall be imposed by the court upon motion filed by the county and proof that the violation has not been cured, removed, or corrected. Thereafter, the action shall continue until the filing with the court of a receipt issued by the county treasurer showing payment in full of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the county zoning official that the violation has been cured, removed, or corrected, or until a motion by the county attorney to dismiss the action is granted by the court.

C.R.S. § 30-28-125 Filing with county clerk and recorder

30-28-125. Filing with county clerk and recorder. Upon the adoption of any zoning ordinance or regulation, or map, the board of county commissioners shall file a certified copy of each in the office of the county clerk and recorder, which copies shall be accessible to the public. The county clerk and recorder shall index such ordinances and regulations as nearly as possible in the same manner as he indexes instruments pertaining to the title of land.

C.R.S. § 30-28-126 Appropriation authorized

30-28-126. Appropriation authorized. The board of county commissioners is empowered to appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the county and district planning commissions and of the boards of adjustment, and to enforce the zoning regulations and restrictions which are adopted, and to accept grants of money and service for these purposes and other purposes, in accordance with this part 1, from either private or public sources, state or federal.

C.R.S. § 30-28-127 Public utilities exceptions

30-28-127. Public utilities exceptions. None of the provisions of this part 1 shall apply to any existing building, structure, or plant or other equipment owned or used by any public utility. After the adoption of a plan, all extensions, betterments, or additions to buildings, structures, or plant or other equipment of any public utility shall only be made in conformity with such plan, unless, after public hearing first had, the public utilities commission orders that such extensions, betterments, or additions to buildings, structures, or plant or other equipment are reasonable and that such extensions, betterments, or additions may be made even though they conflict with the adopted plan.

C.R.S. § 30-28-128 Term of membership

30-28-128. Term of membership. In order to ensure adequate time for the preparation of those plans which are specified as the primary responsibility of a regional planning commission, the term of membership of any governing body in a regional planning commission shall be not less than three years.

C.R.S. § 30-28-129 Inclusion of land in regional planning commission

30-28-129. Inclusion of land in regional planning commission. Any county or municipality adjacent to an area under the jurisdiction of a regional planning commission may be included in such regional planning commission by agreement between its board of county commissioners, or governing body, or in charter cities the officials having charge of public improvements and the governing bodies which are members of the regional planning commission. Any such county or municipality, upon being included in the regional planning commission, shall be subject to all provisions of this part 1 relating to regional planning commissions.

C.R.S. § 30-28-130 Notice of intent to withdraw

30-28-130. Notice of intent to withdraw. Written notice of intent to withdraw shall be given to the regional planning commission at least ninety days prior to the date of intended withdrawal, and no withdrawal shall be effective until such notice has been given. In the event of withdrawal of a county or municipality, no refund shall be made of any moneys paid to the regional planning commission.

C.R.S. § 30-28-131 Planning commission responsibilities in a common geographic area

30-28-131. Planning commission responsibilities in a common geographic area. The regional planning commission shall have primary responsibility for those broad plans described in section 30-28-106 (3) and surveys and studies described in section 30-28-107 which clearly affect the physical development of two or more governmental units. The district, county, or municipal planning commission shall have primary responsibility for all other plans, surveys, and studies and implementation thereof in zoning, subdivision, housing, recreation, transportation, public works, health and safety, and other similar subjects.

C.R.S. § 30-28-132 Concurrent planning jurisdiction - authorized agreements and contracts

30-28-132. Concurrent planning jurisdiction - authorized agreements and contracts. (1) In any instance where a regional planning commission is unable to perform on time and in sufficient detail a plan or survey or study which is its primary responsibility and where such plan or survey or study has been requested and is urgent for the development of a district, county, or municipality, then, upon formal notice to the regional planning commission, the local commission may proceed to make such plan or survey or study for its own area. In such instances, the regional planning commission may adopt such plan or survey or study as part of its regional plan and may take primary responsibility for the expansion of the study or plan into other jurisdictions. (2) A regional planning commission may agree or contract with any governmental or quasi-governmental body within the region to make any plan or survey or study for such governmental or quasi-governmental body, irrespective of whether such plan or survey or study is the primary responsibility of such regional planning commission. (3) A regional planning commission may agree or contract with any constituent government to have it make any plan or survey or study which is the primary responsibility of the regional planning commission.

C.R.S. § 30-28-133 Subdivision regulations

30-28-133. Subdivision regulations. (1) Every county in the state that does not have a county planning commission on July 1, 1971, shall create a county planning commission in accordance with the provisions of section 30-28-103. Every county planning commission in the state shall develop, propose, and recommend subdivision regulations, and the board of county commissioners shall adopt and enforce subdivision regulations for all land within the unincorporated areas of the county in accordance with this section not later than September 1, 1972. Before finally adopting any subdivision regulations, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days' notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county. Before adopting any such subdivision regulations, the board of county commissioners may revise, alter, or amend any such subdivision regulations developed, proposed, or recommended by the county planning commission. Such subdivision regulations shall be in full force and effect and enforced by the board of county commissioners. (2) Prior to the adoption of the regulations referred to in this section, a public hearing shall be held thereupon in the county in which said territory or any part thereof is situated. A copy of such regulations shall be filed with the county clerk and recorder of the county in which said territory is situated. (3) Subdivision regulations adopted by a board of county commissioners pursuant to this section shall require subdividers to submit to the board of county commissioners data, surveys, analyses, studies, plans, and designs, in the form prescribed by the board of county commissioners, of the following items: (a) Property survey and ownership of the surface and mineral estates including mineral lessees, if any; (b) Relevant site characteristics and analyses applicable to the proposed subdivision including the following, which shall be submitted by the subdivider with the sketch plan: (I) Reports concerning streams, lakes, topography, and vegetation; (II) Reports concerning geologic characteristics of the area significantly affecting the land use and determining the impact of such characteristics on the proposed subdivision; (III) In areas of potential radiation hazard to the proposed future land use, evaluations of these potential radiation hazards; (IV) Maps and tables concerning suitability of types of soil in the proposed subdivision, in accordance with any standard soil classifications and procedures therefor, for the proposed use; (c) A plat and other documentation showing the layout or plan of development, including, where applicable, the following information: (I) Total development area; (II) Total number of proposed dwelling units; (III) Total number of square feet of proposed nonresidential floor space; (IV) Total number of proposed off-street parking spaces, excluding those associated with single-family residential development; (V) Estimated total number of gallons per day of water system requirements where a distribution system is proposed; (VI) Estimated total number of gallons per day of sewage to be treated where a central sewage treatment facility is proposed or sewage disposal means and suitability where no central sewage treatment facility is proposed; (VII) Estimated construction cost and proposed method of financing of the streets and related facilities, water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may be required of the developer by the county; (VIII) Maps and plans for facilities to prevent storm waters in excess of historic runoff, caused by the proposed subdivision, from entering, damaging, or being carried by conduits, water supply ditches and appurtenant structures, and other storm drainage facilities; m, sewage collection system, storm drainage facilities, and such other utilities as may be required of the developer by the county; (VIII) Maps and plans for facilities to prevent storm waters in excess of historic runoff, caused by the proposed subdivision, from entering, damaging, or being carried by conduits, water supply ditches and appurtenant structures, and other storm drainage facilities; (d) Adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed. Such evidence may include, but shall not be limited to: (I) Evidence of ownership or right of acquisition of or use of existing and proposed water rights; (II) Historic use and estimated yield of claimed water rights; (III) Amenability of existing rights to a change in use; (IV) Evidence that public or private water owners can and will supply water to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area; (V) Evidence concerning the potability of the proposed water supply for the subdivision. (e) Evidence that provision has been made for facility sites, easements, and rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for the proposed subdivision. Submission of a letter of agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made. (4) Subdivision regulations adopted by the board of county commissioners pursuant to this section shall also include, as a minimum, provisions governing the following matters: (a) Sites and land areas for schools and parks when such are reasonably necessary to serve the proposed subdivision and the future residents thereof. Such provisions may include: (I) Reservation of such sites and land areas, for acquisition by the county; (II) Dedication of the sites and land areas to the county, to a school district, or to the public or, in lieu thereof, payment of a sum of money not exceeding the fair market value of the sites and land areas or a combination of such dedication and such payment; except that the value of the combination shall not exceed the fair market value of the sites and land areas. Any sums, when required, or moneys to be paid to the board of county commissioners pursuant to this paragraph (a) may, if approved by the board of county commissioners, be paid directly to a school district. If the sites and land areas are dedicated to the county, to a school district, or the public, the board of county commissioners may, at the request of the affected entity, sell the land. The subdivider shall have a right of first refusal to purchase all or a portion of any land dedicated by the subdivider to a county, school district, or other public entity pursuant to this subparagraph (II) before the land is sold, transferred, or conveyed to any party other than a school district. Prior to selling or otherwise transferring ownership of the land, the county, school district, or other public entity selling the land shall provide written notice to the subdivider of its intention to sell or transfer ownership of all or any portion of the land. The subdivider shall then have sixty days to provide written notice to the county, school district, or other public entity of the subdivider's interest in purchasing all or a portion of the land to be sold county, school district, or other public entity selling the land shall provide written notice to the subdivider of its intention to sell or transfer ownership of all or any portion of the land. The subdivider shall then have sixty days to provide written notice to the county, school district, or other public entity of the subdivider's interest in purchasing all or a portion of the land to be sold. The purchase of the land by the subdivider shall be upon such terms and conditions and for such consideration as the parties may mutually agree; however, in no event shall the purchase price exceed the fair market value of the land at the time the subdivider dedicated the land to the county, school district, or other public entity. Any right of first refusal created pursuant to this subparagraph (II) shall expire twenty years from the date the land was dedicated by the subdivider to a county, school district, or other public entity. Except as provided in subsection (4.3) of this section, any such sums, when required, or moneys paid to the board of county commissioners from the sale of the dedicated sites and land areas shall be held by the board of county commissioners: (A) For the acquisition of reasonably necessary sites and land areas or for other capital outlay purposes for schools or parks; (B) For the development of the sites and land areas for park purposes; or (C) For growth-related planning functions by school districts for educational purposes; (III) Dedication of such sites and land areas for the use and benefit of the owners and future owners in the proposed subdivision; (b) Standards and technical procedures applicable to storm drainage plans and related designs, in order to ensure proper drainage ways, which may require, in the opinion of the board of county commissioners, detention facilities which may be dedicated to the county or the public, as are deemed necessary to control, as nearly as possible, storm waters generated exclusively within a subdivision from a one hundred year storm which are in excess of the historic runoff volume of storm water from the same land area in its undeveloped and unimproved condition; (c) Standards and technical procedures applicable to sanitary sewer plans and designs, including soil percolation testing and required percolation rates and site design standards for on-lot sewage disposal systems when applicable; (d) Standards and technical procedures applicable to water systems. (4.3) After final approval of a subdivision plan or plat and receipt of dedications of sites and land areas or payments in lieu thereof required pursuant to subparagraph (II) of paragraph (a) of subsection (4) of this section, the board of county commissioners shall give written notification to the appropriate school districts and local government entities. Following such notice, a school district or local government entity may request periodic transfer on no longer than an annual basis of such land or moneys to the district or entity. When a board of county commissioners determines that the school district or local government entity has demonstrated a need for the land or moneys based on a long-range capital plan or evidence of the impact of the subdivision on the district or entity, or both, it shall periodically transfer on no longer than an annual basis the land or moneys to the appropriate school district or local government entity. The district or entity shall use the transferred land or moneys only for a purpose authorized by sub-subparagraphs (A) to (C) of subparagraph (II) of paragraph (a) of subsection (4) of this section. Any moneys received by the board of county commissioners that are transferred pursuant to this subsection (4.3) are not county revenues for purposes of paragraph (d) of subsection (7) of section 20 of article X of the state constitution. transferred land or moneys only for a purpose authorized by sub-subparagraphs (A) to (C) of subparagraph (II) of paragraph (a) of subsection (4) of this section. Any moneys received by the board of county commissioners that are transferred pursuant to this subsection (4.3) are not county revenues for purposes of paragraph (d) of subsection (7) of section 20 of article X of the state constitution. (4.5) Subdivision regulations adopted by a board of county commissioners may provide for the protection and assurance of access to sunlight for solar energy devices by considering the use of restrictive covenants or solar easements, height restrictions, side yard and setback requirements, street orientation and width requirements, or other permissible forms of land use controls. (5) No subdivision shall be approved under section 30-28-110 (3) and (4) until such data, surveys, analyses, studies, plans, and designs as may be required by this section and by the county planning commission or the board of county commissioners have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the county contained in its subdivision regulations. (6) No board of county commissioners shall approve any preliminary plan or final plat for any subdivision located within the county unless the subdivider has provided the following materials as part of the preliminary plan or final plat subdivision submission: (a) Evidence to establish that definite provision has been made for a water supply that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed; (b) Evidence to establish that, if a public sewage disposal system is proposed, provision has been made for such system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the preliminary plan or final plat; (c) Evidence to show that all areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions. (7) and (8) (Deleted by amendment, L. 2005, p. 668, § 6, effective June 1, 2005.) (9) The subdivision regulations adopted under this section may provide that, without a hearing or compliance with any of the submission, referral, or review requirements in this section and section 30-28-136, the board of county commissioners may approve a correction plat if the sole purpose of such correction plat is to correct one or more technical errors in an approved plat and where such correction plat is consistent with an approved preliminary plan. However, if the technical error or errors of an approved plat meet the description of any errors under section 38-51-111 (2), C.R.S., a surveyor's affidavit of correction, as defined in section 38-51-102, C.R.S., shall be prepared in lieu of a correction plat. (10) It is recognized that surface and mineral estates are separate and distinct interests in land and that one may be severed from the other and that the owners of subsurface mineral interests and their lessees, if any, are entitled to the notice specified in section 24-65.5-103, C.R.S., and shall be recognized by the commission as having the same rights and privileges as surface owners. n plat. (10) It is recognized that surface and mineral estates are separate and distinct interests in land and that one may be severed from the other and that the owners of subsurface mineral interests and their lessees, if any, are entitled to the notice specified in section 24-65.5-103, C.R.S., and shall be recognized by the commission as having the same rights and privileges as surface owners. (11) The subdivision regulations adopted under this section may provide for the payment of a sum of money or proof of a line of credit or other fees in connection with a subdivision on a per-acre basis, to represent an equitable contribution to the total costs of the drainage facilities in the drainage basin in which the subdivision is located. The subdivision regulations shall provide for the repayment to a subdivider, from any surplus basin funds available, of any costs he incurs because of compliance with the plans for the development of drainage basins in excess of the sum of the drainage fees assessed against his acreage. When the subdivision regulations require such payment, a plan for the development of drainage basins shall be adopted pursuant to section 30-28-106 (3)(d). The provisions of this section shall not apply to any area which is within an existing drainage district organized or created pursuant to law without the approval of such district. (12) The subdivision regulations adopted under this section may provide that a subdivider is entitled to fair-share reimbursement of the cost of any streets and related facilities, water distribution systems, sewage collection systems, storm drainage facilities, and other improvements the county requires the subdivider to construct adjacent to or outside the subdivision. Any such reimbursable costs shall be paid to the subdivider, less any reimbursement by the county, by the owner or owners of property that is adjacent to or has presumed use of the improvements when that property is developed. Subdivision regulations providing for such reimbursement shall prescribe the period, not to exceed fifteen years from the date of completion of an improvement, during which a subdivider may seek reimbursement. Subdivision regulations providing for such reimbursement may entitle subdividers to interest on the amount to be reimbursed.

C.R.S. § 30-28-133.1 Subdivision plan or plat - access to public highways

30-28-133.1. Subdivision plan or plat - access to public highways. No person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides, pursuant to section 43-2-147, C.R.S., that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code.

C.R.S. § 30-28-133.5 Review of plats and other plans

30-28-133.5. Review of plats and other plans. (1) The process for review and approval of any plat or other plan required by section 30-28-133 or 30-28-133.1, for any agreement required by section 30-28-137, or for plans for extensions, betterments, or additions to buildings, structures or plant or other equipment of a public utility under section 30-28-127 shall be conducted pursuant to duly adopted county resolutions, ordinances, or regulations that are available to the applicant prior to commencement of such process. The denial of a plat, plan, or agreement shall be supported by written findings specifying the provisions that the plat, plan, or agreement failed to address or satisfy. The denial of any plat, plan, or agreement shall be based on a failure to conform to the requirements of the adopted resolution, ordinance, or regulation. (1.5) (a) County resolutions, ordinances, or regulations required by subsection (1) of this section may provide for the delegation by a board of county commissioners to one or more county administrative officials the authority to: (I) Approve or deny final plats, amendments to final plats, and correction plats insofar as the findings required by section 30-28-133 (6) have previously been made by either the board of county commissioners of the county or by one or more county administrative officials to whom the matter has been delegated in connection with the preliminary plan with which the final plat complies; (II) Approve subdivision improvement agreements and other agreements required in connection with a final plat, an amendment to a final plat, or correction plat; (III) Review and approve the data, surveys, analyses, studies, plans, and designs submitted in connection with a final plat, amendment to a final plat, or correction plat; and (IV) Review and approve any subdivision exemption as authorized by section 30-28-101 (10)(d). (b) Any delegation of authority made pursuant to subsection (1.5)(a) of this section shall not include: (I) The approval of any agreement for the expenditure of public funds; or (II) The waiver or restriction of any appeal process provided by county resolution, ordinance, or regulation. (c) Any delegation of authority made pursuant to subsection (1.5)(a) of this section must include procedures for public notice and the submission of written comments prior to the administrative approval or denial of a final plat or amendment to a final plat and for the appeal to a board of county commissioners of the county of such administrative approval or denial. (2) Nothing in this section shall be construed to preclude a county from taking any action permitted by law with respect to the plat, plan, or agreement based on the consideration of the rights and privileges of the owners of subsurface mineral interests and their lessees pursuant to section 30-28-133 (10). (3) During the administrative review of any plat, plan, or agreement, the county shall make every effort to apprise the applicant of any deficiency or nonconformity in the plat, plan, or agreement prior to any required public hearing. A technical dispute between a licensed or registered professional of the applicant and the county may be referred, at the applicant's request, to a qualified employee in the appropriate state department for a recommendation to facilitate a resolution of the dispute. (4) The county planning commission or board of county commissioners may request redesign of all or any portion of a plat or plan submitted for approval, but any such request shall be based on specific, objective criteria. If the applicant redesigns the plat or plan in accordance with the request, no further redesign shall be required unless necessary to comply with a duly adopted county resolution, ordinance, or regulation. mission or board of county commissioners may request redesign of all or any portion of a plat or plan submitted for approval, but any such request shall be based on specific, objective criteria. If the applicant redesigns the plat or plan in accordance with the request, no further redesign shall be required unless necessary to comply with a duly adopted county resolution, ordinance, or regulation. (5) Any required public hearing on any plat, plan, or agreement shall be conducted expeditiously and concluded when all those present and wishing to testify have done so. No public hearing shall continue for more than forty days from the date of commencement without the written consent of the applicant. Any continuation of a public hearing shall be to a date certain. (6) Unless withdrawn by the applicant, any plat, plan, or agreement that has been neither approved, conditionally approved, nor denied within a time certain mutually agreed to by the county and the applicant at the time of filing shall be deemed approved under sections 30-28-127, 30-28-133, 30-28-133.1, or 30-28-137. Such time period may be extended by the county to receive a recommendation from any agency to which a plat or plan was referred pursuant to section 30-28-136, but such extension shall not exceed thirty days unless the agency has notified the county that it will require additional time to complete its recommendation. (7) Any requirement set forth in this section may be waived in writing by the applicant.

C.R.S. § 30-28-134 Telecommunications research facilities of the United States - inclusions in planning and zoning

30-28-134. Telecommunications research facilities of the United States - inclusions in planning and zoning. Any zoning plan, modification thereof, or variance therefrom adopted or granted under this part 1 on or after April 23, 1969, shall comply with the requirements of part 6 of article 11 of this title.

C.R.S. § 30-28-135 Safety glazing materials

30-28-135. Safety glazing materials. The board of county commissioners of each county in this state shall adopt standards governing the use of safety glazing materials for hazardous locations in the unincorporated areas of the county. No building permit shall be issued for the construction, reconstruction, or alteration of any structure in the unincorporated area of such county unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The county building inspector shall inspect all places to determine whether such places are in compliance with the standards for the use of safety glazing materials.

C.R.S. § 30-28-136 Referral and review requirements

30-28-136. Referral and review requirements. (1) Upon receipt of a complete preliminary plan submission, the board of county commissioners or its authorized representative shall distribute copies of prints of the plan as follows: (a) To the appropriate school districts; (b) To each county or municipality within a two-mile radius of any portion of the proposed subdivision; (c) To any utility, local improvement and service district, or ditch company, when applicable; (d) To the Colorado state forest service, when applicable; (e) To the appropriate planning commission; (f) To the local conservation district board within the county for explicit review and recommendations regarding soil suitability, floodwater problems, and watershed protection. Such referral shall be made even though all or part of a proposed subdivision is not located within the boundaries of a conservation district. (g) When applicable, to the county or district public health agency or the state department of public health and environment for its review of the on-lot sewage disposal reports, for review of the adequacy of existing or proposed sewage treatment works to handle the estimated effluent, and for a report on the water quality of the proposed water supply to serve the subdivision. The department of public health and environment or county or district public health agency to which the plan is referred may require the subdivider to submit additional engineering or geological reports or data and to conduct a study of the economic feasibility of a sewage treatment works prior to making its recommendations. No plan shall receive the approval of the board of county commissioners unless the department of public health and environment or county or district public health agency to which the plan is referred has made a favorable recommendation regarding the proposed method of sewage disposal. (h) (I) To the state engineer for an opinion regarding material injury likely to occur to decreed water rights by virtue of diversion of water necessary or proposed to be used to supply the proposed subdivision and adequacy of proposed water supply to meet requirements of the proposed subdivision. If the state engineer finds such injury or finds inadequacy, he shall express such finding in an opinion in writing to the board of county commissioners, stating the reason for his finding, including, but not limited to, the amount of additional or exchange water that may be required to prevent such injury. In the event the subdivision is approved notwithstanding the state engineer's opinion, the subdivider shall furnish to all potential purchasers a copy of the state engineer's opinion prior to the sale or a synopsis of the opinion; except that the subdivider need not supply the potential purchaser with a copy of such opinion or synopsis if, in the opinion of the board of county commissioners, the subdivider has corrected the injury or inadequacy set forth in the state engineer's finding. (II) A municipality or quasi-municipality, upon receiving the preliminary plan designating said municipality or quasi-municipality as the source of water for a proposed subdivision, shall file, with the board of county commissioners and the state engineer, a statement documenting the amount of water which can be supplied by said municipality or quasi-municipality to proposed subdivisions without causing injury to existing water rights. The state engineer shall file, with said board of county commissioners, written comments on the report. If, in the judgment of the state engineer, the report is insufficient to issue an opinion, the state engineer shall notify the board of county commissioners to this effect, indicating the deficiencies. r quasi-municipality to proposed subdivisions without causing injury to existing water rights. The state engineer shall file, with said board of county commissioners, written comments on the report. If, in the judgment of the state engineer, the report is insufficient to issue an opinion, the state engineer shall notify the board of county commissioners to this effect, indicating the deficiencies. (i) To the Colorado geological survey for an evaluation of those geologic factors that would have a significant impact on the proposed use of the land; except that, upon written request from the board of county commissioners or the board's authorized representative, the Colorado geological survey may exempt any preliminary plan from this referral and review requirement. (2) The agencies named in this section shall make recommendations within twenty-one days after the mailing by the county or its authorized representative of such plans unless a necessary extension of not more than thirty days has been consented to by the subdivider and the board of county commissioners of the county in which the subdivision area is located. The failure of any agency to respond within twenty-one days or within the period of an extension shall, for the purpose of the hearing on the plan, be deemed an approval of such plan; except that, where such plan involves twenty or more dwelling units, a school district shall be required to submit within said time limit specific recommendations with respect to the adequacy of school sites and the adequacy of school structures. (3) The provisions of this part 1 shall not modify the duties or enlarge the authority of the state engineer or the division engineers nor divest the water courts of jurisdiction over actions concerning water right determinations and administration; neither shall any opinion of the state engineer submitted under subsection (1)(h) of this section nor any finding by a board of county commissioners concerning subdivision water supply matters create any presumption concerning injury or noninjury to water rights; and neither the state engineer's opinion nor the finding of the board of county commissioners may be used as evidence in any administrative proceeding or in any judicial proceeding concerning water right determinations or administration. (4) Repealed.

C.R.S. § 30-28-137 Guarantee of public improvements

30-28-137. Guarantee of public improvements. (1) No final plat shall be recorded until the subdivider has submitted and the board of county commissioners has approved one or a combination of the following: (a) A subdivision improvements agreement agreeing to construct any required public improvements shown in the final plat documents, together with collateral which is sufficient, in the judgment of said board, to make reasonable provision for the completion of said improvements in accordance with design and time specifications; or (b) Other agreements or contracts setting forth the plan, method, and parties responsible for the construction of any required public improvements shown in the final plat documents which, in the judgment of said board, will make reasonable provision for completion of said improvements in accordance with design and time specifications. (2) As improvements are completed, the subdivider may apply to the board of county commissioners for a release of part or all of the collateral deposited with said board. Upon inspection and approval, the board shall release said collateral. If the board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the board of county commissioners determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the board of county commissioners may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement in accordance with the specifications. (3) The board of county commissioners or any purchaser of any lot, lots, tract, or tracts of land subject to a plat restriction which is the security portion of a subdivision improvements agreement shall have the authority to bring an action in any district court to compel the enforcement of any subdivision improvements agreement on the sale, conveyance, or transfer of any such lot, lots, tract, or tracts of land or of any other provision of this part 1. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of title of any lot, lots, tract, or tracts of land contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by any county where so required or otherwise prior to commencement of construction on any such lot, lots, tract, or tracts of land. (4) In addition to any other remedy set forth in this part 1, the board of county commissioners, or any purchaser of any lot, lots, tract, or tracts of land in a recorded plat, shall have the authority to bring an action for injunctive relief to enforce any plat restriction, plat note, plat map, or provision of a subdivision improvements agreement and for damages arising out of failure to adhere to any such plat restriction, plat note, plat map, or provision of a subdivision improvements agreement. Nothing in this part 1 shall require the board of county commissioners to bring any action referred to in this subsection (4).

C.R.S. § 30-28-138 Referral to municipality

30-28-138. Referral to municipality. Notwithstanding any provision of law to the contrary, the board of county commissioners shall refer any proposed land use decision that involves a business or agricultural activity identified in section 31-15-501 (1)(a) and (1)(d), C.R.S., to the governing body of a municipality for review and comment if such business or agricultural activity lies wholly or partially within one mile of the corporate limits of the municipality.

C.R.S. § 30-28-139 Merger of lots - notice - hearing - assessment of merged parcels

30-28-139. Merger of lots - notice - hearing - assessment of merged parcels. (1) Notwithstanding any other provision of law, where a county ordinance, regulation, or resolution provides for the merger of two or more parcels of land for the purpose of eliminating interior lot lines, obsolete subdivisions, or otherwise, the ordinance, regulation, or resolution shall provide that: (a) Prior to the completion of the merger, the county shall send notice of the county's intent to complete the merger to each owner of the affected parcels by certified mail. The notice shall also specify that each such owner may request a hearing on the proposed merger pursuant to paragraph (b) of this subsection (1), and shall specify action to be taken by such owner to request such hearing, including, without limitation, the requirement that said owner shall request the hearing within one hundred twenty days of the date the notice required by this paragraph (a) is received by said owner. (b) (I) Prior to the completion of the merger, where each owner of an affected parcel has timely requested a hearing on the proposed merger satisfying the requirements of paragraph (a) of this subsection (1), a public hearing on said merger shall be held before the board of county commissioners of said county. The hearing shall be conducted for the purpose of allowing the board to discuss with the owner of each affected parcel its reasons for proceeding with the merger and to give each owner the opportunity to submit any basis provided under law for challenging the merger. In such case, notice of the time, place, and manner of the hearing shall be provided to each owner of the affected parcels and also published in a newspaper of general circulation in the county in a manner sufficient to notify the public of the time, place, and nature of said hearing. (II) Where the owner of each affected parcel fails to timely request a hearing on the proposed merger satisfying the requirements of paragraph (a) of this subsection (1), no such hearing is required, and the affected parcels shall be merged in accordance with the requirements of this subsection (1). (c) In order to give the owner of the parcels the opportunity to take whatever remedial action is allowed under law, the hearing authorized by paragraph (b) of this subsection (1) shall take place no sooner than ninety days following the date of the notice required by paragraph (a) of this subsection (1). (2) No merger of parcels that is the subject of a hearing pursuant to subsection (1) of this section shall be effective unless: (a) The owner of the parcels has given his, her, or its consent to the merger of said parcels; and (b) The merger has been approved by a majority of the board of county commissioners. (3) Upon completion of any merger of parcels in accordance with the requirements of this section, the county shall: (a) For purposes of the levying and collection of the tax on real and personal property, assess the merged parcels as one parcel of real property; and (b) File of record a notice of merger in the office of the clerk and recorder of deeds for the county in which the merged parcels of real property are located, and such notice shall constitute prima facie evidence that all of the requirements of subsection (1) of this section have been satisfied. (4) Notwithstanding any other provision of this section, the requirements of subsections (1) and (2) of this section shall not apply to any merger of parcels of land that is requested in writing by each owner of an affected parcel. (5) Nothing in this section shall be construed to abrogate or otherwise diminish or expand any rights a landowner may have under article 68 of title 24, C.R.S., pertaining to vested property rights.

C.R.S. § 30-28-140 Parking and electric vehicle charging stations - legislative declaration

30-28-140. Parking and electric vehicle charging stations - legislative declaration. (1) (a) The general assembly finds that: (I) Colorado has adopted economy-wide greenhouse gas emission goals of, at minimum, a twenty-six percent reduction by 2025, a fifty percent reduction by 2030, and a ninety percent reduction by 2050; (II) The governor's "Colorado Greenhouse Gas Pollution Reduction Roadmap", released on January 14, 2021, identifies transportation as a leading source of greenhouse gas pollution and identifies vehicle electrification as a key strategy for reducing greenhouse gas pollution from the transportation sector; (III) Motor vehicle pollution, including greenhouse gas emissions, does not stay within the geographic boundaries of the local government where it is emitted; (IV) According to the United States department of energy, an electric vehicle produces an average of less than one-fourth of the emissions over its lifetime than the average emissions of a motor vehicle powered by an internal combustion engine; (V) Sales of electric vehicles currently account for more than ten percent of all new vehicle sales in Colorado, and this market share is projected to increase to more than eighty percent by 2032; (VI) Buildings constructed today will need to accommodate higher numbers of electric vehicles within the lifetime of these buildings; (VII) People may forgo purchasing or driving an electric vehicle because they are concerned about the availability of charging stations; (VIII) Local government provisions that set minimum requirements for parking may create a disincentive to install charging stations if a parking space served by a charging station is not counted toward meeting the minimum parking requirement; and (IX) Fewer charging stations act as a disincentive to purchase or drive an electric vehicle. (b) The general assembly declares that minimum parking requirements, to the degree that they lower the number of charging stations available to electric vehicle drivers, decrease electric vehicle use, which causes more pollutants to be emitted into the environment and lowers the air quality of other local government jurisdictions and Colorado as a whole. Therefore, minimum parking requirements are a matter of mixed local and statewide concern to the degree that they lower the number of charging stations available to electric vehicle drivers. (2) For the purposes of any minimum parking requirement imposed by a board of county commissioners: (a) Any parking space served by an electric vehicle charging station or any parking space used to site electric vehicle charging equipment must be counted as at least one standard automobile parking space; and (b) Any van-accessible parking space that is designed to accommodate a person in a wheelchair, is served by an electric vehicle charging station, and is not designated as parking reserved for a person with a disability under section 42-4-1208 must be counted as at least two standard automobile parking spaces. (3) This section does not lower the protections provided for people with disabilities, including the number of parking spaces for people that are mobility impaired, than the protections provided by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and parts 6 and 8 of article 34 of title 24.

C.R.S. § 30-28-201 Commissioners may adopt - emission performance standards required - reporting

30-28-201. Commissioners may adopt - emission performance standards required - reporting. (1) A board of county commissioners is authorized to adopt ordinances and a building code consistent with the uniform building code, 1988 edition, as promulgated by the international conference of building officials and as revised from time to time, in all or part of the county, and not embraced within the limits of any incorporated city or town. Buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry may be excepted. The requirements shall be uniform for each class of dwelling, building, or structure. The board of county commissioners may employ qualified technical experts to assist in the preparation of the text of such ordinances and the area building code. (2) By the date established in section 25-7-407, C.R.S., every board of county commissioners of a county which has enacted a building code, and thereafter every board of county commissioners of a county which enacts a building code, shall enact a building code provision to regulate the construction and installation of fireplaces in order to minimize emission levels. Such building code provision shall contain standards which shall be the same as or stricter than the approved emission performance standards for fireplaces established by the air quality control commission in the department of public health and environment pursuant to section 25-7-407, C.R.S. (3) Every board of county commissioners, when adopting or updating any building code, shall adopt and enforce a building energy code that meets or exceeds the standards in one of the three most recent versions of the international energy conservation code pursuant to section 30-28-211. (4) By January 1, 2020, every board of county commissioners of a county which has enacted a building code and an energy code shall report the current version of their county's building and energy codes to the Colorado energy office. Thereafter, every board of county commissioners is encouraged to report any change in their county's building and energy code to the Colorado energy office within a month of changing their county's building and energy codes.

C.R.S. § 30-28-202 Designation of zoned area - hearing

30-28-202. Designation of zoned area - hearing. (1) The county planning commission of any county, upon request from the board of county commissioners of the county, may designate part or all of the county for the adoption of a building code. The county planning commission shall certify a copy of the building code to the board of county commissioners of the county. After receiving the certification of said building code from the county planning commission and before the adoption of any building code, the board of county commissioners shall hold a public hearing on the proposed text. The time and place of the hearing shall be designated in a notice to be given by publication once weekly for four consecutive weeks in a newspaper of general circulation in the county. Such notice shall state the place at which the text of the proposed building code may be inspected and the description of the areas to be covered by the code. No substantial change in or departure from the proposed text so certified by the county planning commission shall be made unless such change or departure is first submitted to the certifying county planning commission for its approval, disapproval, or suggestions. (2) The county planning commission shall have thirty days from such submission within which to send its report to the board of county commissioners. The opinion of the county planning commission shall be advisory only, and, upon receipt thereof, the board of county commissioners may accept, reject, or amend the proposed change or departure. After a public hearing has been held thereon, the board of county commissioners, by resolution, may adopt a building code for all or part of the county.

C.R.S. § 30-28-203 Purpose of codes

30-28-203. Purpose of codes. The provisions of any building code shall be made with a reasonable consideration of, and in accordance with, the public health, safety, morals, and general welfare and the safety, protection, and sanitation of such dwellings, buildings, and structures.

C.R.S. § 30-28-204 Amendment of building code

30-28-204. Amendment of building code. The board of county commissioners from time to time by resolution may alter and amend any county building code after public hearing, notice of which hearing shall be given by at least one publication in a newspaper of general circulation in the county at least fourteen days prior to said hearing. In no case shall the area covered by the building code be extended or changed unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. Unless the county planning commission acts within thirty days, approval shall be assumed. The opinion of the county planning commission shall be advisory only and not binding upon the board of county commissioners.

C.R.S. § 30-28-205 County building inspector - permit required - appeal

30-28-205. County building inspector - permit required - appeal. (1) The county building inspector, as authorized in section 30-28-114, may be authorized by the board of county commissioners to administer and enforce the building code adopted pursuant to this part 2; and the board of county commissioners shall fix a reasonable schedule of fees for the issuance of building permits by the county building inspector. After the adoption of the building code, it shall be unlawful to erect, construct, reconstruct, alter, or remodel any structure, dwelling, or building in the designated area, except buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry without first obtaining a building permit from the county building inspector. The county building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the building code. (2) No permit fee provided for pursuant to the provisions of subsection (1) of this section shall be charged unless an inspection is actually made by such inspector who is fully qualified to perform the required type of inspection. (3) The county building inspector shall not issue any permit unless the plans and specifications for such proposed erection, construction, reconstruction, alteration, or remodeling conform to the regulations and restrictions in said building code. All such proposed erection, construction, reconstruction, alteration, or remodeling shall bear the seal of an architect or engineer licensed by the state of Colorado, unless the preparation of plans and specification is exempted by section 12-120-403. Such plans and specifications prepared by architectural or engineering subdisciplines shall be so designated and shall bear the seal and signature of the architect or engineer for that subdiscipline.

C.R.S. § 30-28-206 Board of review - qualifications - powers

30-28-206. Board of review - qualifications - powers. (1) The board of county commissioners of any county which enacts a building code under the authority of this part 2 may provide for a board of review of three or five members and for the manner of appointment of such members. Members of the board shall be experienced in building construction. The board of county commissioners may fix per diem compensation and terms for the members of such boards of review, which terms shall be of such length and so arranged that the terms of at least one member will expire each year. Any member of the board of review may be removed for cause by the board of county commissioners upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. The board of county commissioners shall provide and specify in its building code or other resolution general rules to govern the organization, procedure, and jurisdiction of said board of review, which rules shall not be inconsistent with the provisions of this part 2, and the board of review may adopt supplemental rules of procedure not inconsistent with this part 2 or such general rules. (2) Any building code adopted by the board of county commissioners may provide that the board of review, in appropriate cases and subject to appropriate principles, standards, rules, conditions, and safeguards set forth in the building code, may make special exceptions to the terms of the building code in harmony with their general purpose and intent. The board of county commissioners also may authorize the board of review to formulate suggested amendments to the building code for the consideration of the board of county commissioners. In addition, the board of review may adopt substantive rules and regulations based on the provisions of the building code adopted by the board of county commissioners. In no case, however, shall these rules become effective unless a public hearing thereon has been conducted by the board of review. Notice of the hearing, stating its time and place and where the text of the proposed substantive rules and regulations may be inspected, shall be given in the same manner as provided in the initial adoption of the code.

C.R.S. § 30-28-207 Board of review - meetings - appeals

30-28-207. Board of review - meetings - appeals. (1) Meetings of the board of review shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board of review shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and it shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (2) Appeals to the board of review may be taken by any person aggrieved by his inability to obtain a building permit or by any officer, department, board, or bureau of the county affected by the grant or refusal of a building permit. Any person, officer, department, board, or bureau may appeal to the board of review from the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the building code. The time within which such appeal shall be made, and the form or other procedure relating thereto, shall be as specified in the general rules provided by the board of county commissioners to govern the procedure of such board of review or in the supplemental rules of procedure adopted by such board.

C.R.S. § 30-28-208 Copies of code available - evidence

30-28-208. Copies of code available - evidence. Upon the adoption of such area building code, the board of county commissioners shall file certified copies thereof in its office, which copies shall be accessible to the public at a cost not to exceed that of printing the same. The board of county commissioners shall also file a notice with the county clerk and recorder setting forth a description of the area subject to the building code. Copies of the code printed by authority of the board of county commissioners shall be prima facie evidence of the original text in all courts and tribunals of this state.

C.R.S. § 30-28-209 Violation - injunction and other remedies

30-28-209. Violation - injunction and other remedies. (1) (a) It is unlawful to erect, construct, reconstruct, or alter any building or structure in a manner that results in a violation of any regulation in, or of any provisions of, the area building code, or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 2. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of this part 2, commits a civil infraction. Each day during which such illegal erection, construction, reconstruction, or alteration continues shall be deemed a separate offense. (b) (I) It is unlawful to use any building or structure in violation of any regulation in, or of any provision of, the area building code, or any amendment thereto, enacted or adopted by any board of county commissioners under the authority of this part 2. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof commits a civil infraction. Each day during which such illegal use of any building or structure continues shall be deemed a separate offense. Nothing in this subsection (1)(b)(I) prohibits the use of any building or structure in violation of an otherwise applicable building code where the use complies with any building code that was in effect at the time the building or structure was erected, constructed, reconstructed, or altered. (II) Whenever a county building inspector authorized pursuant to sections 30-28-114 and 30-28-205, or any inspector employed by an intergovernmental entity created in accordance with the requirements of part 2 of article 1 of title 29, C.R.S., who exercises the functions of a county building inspector, has personal knowledge of any violation of the requirements of subparagraph (I) of this paragraph (b), he or she shall give written notice to the violator to correct the violation within ten days after the date of the notice. Where the violator fails to correct the violation within the ten-day period, the county building inspector may request that the sheriff of the county issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. The summons and complaint shall require that the violator appear in county court at a definite time and place stated therein to answer and defend the charge. (III) One copy of the summons and complaint shall be served upon the violator by the sheriff of the county in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the sheriff and the county building inspector, and one copy shall be transmitted by the sheriff to the clerk of the county court. (c) It is the responsibility of the county attorney to enforce the provisions of this subsection (1). Where there is no county attorney or in the event that the board of county commissioners deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform such enforcement duties in lieu of the county attorney. urt. (c) It is the responsibility of the county attorney to enforce the provisions of this subsection (1). Where there is no county attorney or in the event that the board of county commissioners deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform such enforcement duties in lieu of the county attorney. (2) In case any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, or used in violation of any regulation or provision of the area building code, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 2, the county attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. Where there is no county attorney or in the event that the board deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform such enforcement duties in lieu of the county attorney.

C.R.S. § 30-28-210 County court actions for civil penalties for building violations

30-28-210. County court actions for civil penalties for building violations. (1) It is unlawful to erect, construct, reconstruct, alter, maintain, or use any building, structure, or land in violation of this part 2 or any provisions of the area building code. In addition to any penalties imposed pursuant to section 30-28-209, any person, firm, or corporation violating any provision of this part 2 or any provision of the area building code may be subject to the imposition, by order of the county court, of a civil penalty in an amount of not less than five hundred dollars nor more than one thousand dollars. It is within the discretion of the county attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in section 30-28-209, or both. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars for each such day. Until paid, any civil penalty ordered by the county court and assessed under this subsection (1) shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty days, it may be certified by the county attorney to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (1). Any lien placed against the property pursuant to this subsection (1) shall be recorded with the clerk and recorder of the county in which the property is located. (2) (a) In the event any building or structure is erected, constructed, reconstructed, altered, maintained, or used in violation of this part 2 or of any provision of the area building code, the county attorney of the county in which such building or structure is situated, in addition to other remedies provided by law, may commence a civil action in county court for the county in which such building or structure is situated seeking the imposition of a civil penalty in accordance with the provisions of this section. (b) A building inspector designated by resolution of the board of county commissioners shall, upon personal information and belief that a violation of this part 2 or of any provision of the area building code has occurred, give written notice to the violator to correct the violation within ten days after the date of the notice. If the violator fails to correct the violation within the ten-day period or within any extension period granted by the building inspector, the building inspector, the sheriff of the county, or the county attorney may issue a summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. (c) One copy of the summons and complaint issued pursuant to paragraph (b) of this subsection (2) shall be served upon the violator in the manner provided by law for the service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk of the county court and thereafter the action shall proceed in accordance with the Colorado rules of county court civil procedure. section (2) shall be served upon the violator in the manner provided by law for the service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk of the county court and thereafter the action shall proceed in accordance with the Colorado rules of county court civil procedure. (d) If the county court finds, by a preponderance of the evidence, that a violation of this part 2 or of any provision of the area building code has occurred, the court shall order the violator to pay a civil penalty in an amount allowed pursuant to subsection (1) of this section. The penalty shall be payable immediately by the violator to the county treasurer. In the event that the alleged violation has been cured or otherwise removed and the violator has notified the building inspector of the cure or removal at least five business days prior to the appearance date in the summons, then the county attorney shall so inform the court and request that the action be dismissed without fine or appearance of the defendant. (3) Upon the filing with the court of a receipt issued by the county treasurer showing payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the county building inspector that the violation has been cured, removed, or corrected, the court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The court may also dismiss the action upon a motion of the county attorney indicating that the matter has been otherwise resolved. (4) If a receipt showing full payment of the civil penalty or the affidavit or the motion by the county attorney required by subsection (3) of this section is not filed, the action shall continue and the court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in subsection (1) of this section. The additional penalty shall be imposed by the court upon motion filed by the county and proof that the violation has not been cured, removed, or corrected. Thereafter, the action shall continue until the filing with the court of a receipt issued by the county treasurer showing payment in full of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the county building inspector that the violation has been cured, removed, or corrected, or until a motion by the county attorney to dismiss the action is granted by the court.

C.R.S. § 30-28-211 Energy efficient building codes - legislative declaration - definitions

30-28-211. Energy efficient building codes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons: (a) Excessive energy consumption creates effects beyond the boundaries of the local government within which the energy is consumed because the production of power occurs in centralized locations. (b) Air pollutant emissions from energy consumption affect the health of the citizens throughout Colorado. (c) The strain on the grid from peak electric power demands is not confined to jurisdictional boundaries. (d) There is statewide interest in the reliability of the electrical grid and an adequate supply of heating oil and natural gas. (e) Controlling energy costs for residents and businesses furthers a statewide interest in a strong economy and reducing the total cost of housing in Colorado. (f) More recent energy codes are more effective at ensuring building durability and structural integrity and protecting public health and safety through better: (I) Moisture management to prevent mold, mildew, and rot; (II) Airflow management; and (III) Protection during severe weather. (g) More recent energy codes incorporate newer building technologies, techniques, and materials and offer more options for builders. (h) Businesses and residents in low-income communities and rural areas of the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state. (i) Highly energy efficient homes and buildings can reduce energy use and help consumers save money on energy bills. (j) Highly energy efficient and low-carbon new homes and buildings are critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g). (2) As used in this section, unless the context otherwise requires: (a) "Building code" means regulations related to energy performance, electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings. (a.5) "Colorado plumbing code" has the meaning set forth in section 12-155-103 (5). (a.8) "Elevator and escalator code" means the rules adopted in accordance with section 9-5.5-112. (b) "Energy code" means a subset of building codes related to the total energy performance and carbon emissions of residential and commercial buildings. (b.5) "International energy conservation code" means the energy code published by the international code council or a successor organization. (b.8) "National electrical code" has the meaning set forth in section 12-115-103 (8). (c) "Office" means the Colorado energy office created in section 24-38.5-101, C.R.S. (3) Every board of county commissioners that has adopted and enforced one or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the county to which the building code applies. (3.5) (a) A board of county commissioners that has adopted and enforced one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated. ing codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated. (b) A board of county commissioners that has adopted and enforced one or more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated. (c) (I) Notwithstanding subsections (3.5)(a) and (3.5)(b) of this section, a board of county commissioners representing a rural county is required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the last three most recent editions of the international energy conservation code rather than either an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language identified for adoption by the energy code board pursuant to section 24-38.5-401 (5) or an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code identified for adoption by the energy code board pursuant to section 24-38.5-401 (6) if, while the grant program established pursuant to section 24-38.5-403 is accepting applications, the board of county commissioners applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training. (II) As used in this subsection (3.5)(c), a rural county means a county with a population of less than thirty thousand people, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs. (d) When adopting or updating a building code prior to July 1, 2023, a board of county commissioners shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code. (e) Notwithstanding the timing requirement of subsection (3.5)(a) of this section, a board of county commissioners may comply with subsection (3.5)(a) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2026, whichever is earlier, if: (I) The board of county commissioners adopts or updates: (A) The national electrical code by reference when adopted or updated by the state electrical board; (B) The elevator and escalator code by reference when adopted or updated by the director of the division of oil and public safety within the department of labor and employment; or (C) The Colorado plumbing code by reference when adopted or updated by the state plumbing board; and (II) The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code. reference when adopted or updated by the state plumbing board; and (II) The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code. (f) Notwithstanding the timing requirement of subsection (3.5)(b) of this section, a board of county commissioners may comply with subsection (3.5)(b) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2030, whichever is earlier, if: (I) The board of county commissioners adopts or updates: (A) The national electrical code by reference when adopted or updated by the state electrical board; (B) The elevator and escalator code by reference when adopted or updated by the director of the division of oil and public safety within the department of labor and employment; or (C) The Colorado plumbing code by reference when adopted or updated by the state plumbing board; and (II) The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code. (4) Repealed. (5) The following buildings are exempt from subsections (3) and (3.5) of this section: (a) Any building that is otherwise exempt from the provisions of the building code adopted by the board of county commissioners of the county in which the building is located and buildings that do not contain a conditioned space; (b) Any building that does not use either electricity or fossil fuels for comfort heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the county determines that the electrical service is necessary for a purpose other than for providing electric comfort heating. (c) Historic buildings that are listed on the national register of historic places or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and (d) Any building that is exempt pursuant to the energy code. (6) Notwithstanding any other provision of this section, the board of county commissioners of a county that is required to adopt or update an energy code may make any amendments to the energy code that the board deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code. (7) (a) The office shall ensure that information explaining the requirements of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects. (b) The office shall provide boards of county commissioners with technical assistance concerning the implementation and enforcement of the energy code. (8) Nothing in this section restricts the ability of an investor-owned utility with approval from the public utilities commission to: (a) Provide incentives or other energy efficiency program services to help the board of county commissioners of any county or builders comply with the requirements of this section; or cal assistance concerning the implementation and enforcement of the energy code. (8) Nothing in this section restricts the ability of an investor-owned utility with approval from the public utilities commission to: (a) Provide incentives or other energy efficiency program services to help the board of county commissioners of any county or builders comply with the requirements of this section; or (b) Earn shareholder incentives and claim credits towards its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the board of county commissioners of any county or builders comply with the requirements of this section. (9) A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the board of county commissioners of any county or any builders in complying with the requirements of this section. (10) (a) A utility may count mass-based emissions reductions associated with the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements. (b) A utility subject to regulation by the public utilities commission shall not count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

C.R.S. § 30-28-212 Charging station restriction rules prohibited - accessible charging stations - definitions

30-28-212. Charging station restriction rules prohibited - accessible charging stations - definitions. (1) Notwithstanding any authority granted to a board of county commissioners by this part 2, the board shall not adopt an ordinance or a resolution prohibiting the installation of or utilization of electric vehicle charging stations unless the ordinance or resolution is narrowly drafted to address a bona fide safety concern. The board shall not restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle. (2) A county official shall not prohibit the installation of or utilization of an electric vehicle charging station, or restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle, unless expressly authorized by ordinance or resolution. (3) Any ordinance or resolution promulgated by the board of county commissioners that prohibits the installation of or utilization of electric vehicle charging stations, or that restricts parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle, is subject to judicial review in the district court with jurisdiction over the county. (4) (a) For an electric vehicle charging station constructed or replaced on or after January 1, 2026, no fewer than five percent or one vehicle charging space should incorporate the standards from the access board until applicable regulations are issued by the federal department of justice or the federal department of transportation. (b) As used in this subsection (4): (I) "Access board" means the United States access board. (II) "Electric vehicle charger" means a device with one or more charging ports and connectors for charging electric vehicles. (III) "Electric vehicle charging station" or "charging station" means a common location with one or more electric vehicle chargers. (IV) "Replaced" means substantially modified or substituted with another unit, as indicated by a change in the serial number, electric vehicle supply equipment ID, or EVSE ID, or model name. (V) "Vehicle charging space" means a space to park an electric vehicle for charging.

C.R.S. § 30-28-213 Electric motor vehicle charging systems - county permitting procedures - permit application - approval process - definitions

30-28-213. Electric motor vehicle charging systems - county permitting procedures - permit application - approval process - definitions. (1) Definitions. As used in this section, unless the context otherwise requires: (a) "Administrative review process" means a process: (I) In which an EV charger permit is approved, approved with conditions, or denied by administrative staff of a county permitting agency based solely on the application's compliance with objective standards set forth in county zoning laws or other county laws; and (II) That does not require a public hearing, a recommendation, or a decision by an elected or appointed public body or hearing officer except as provided in subsection (4)(d) of this section. (b) "Colorado energy office" means the Colorado energy office created in section 24-38.5-101. (c) (I) "County permitting agency" means the entity or entities for a county that are responsible for issuing an EV charger permit for the construction of an electric motor vehicle charging system. (II) "County permitting agency" may include: (A) A county building department or agency; (B) A county planning department or agency; or (C) A county public works or road and bridge department or agency. (d) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II). (e) "Electric motor vehicle charging system" or "charging system" has the meaning set forth in section 38-12-601 (6)(a). (f) "EV charger permit" means the final approval of an application for installation of an electric motor vehicle charging system that a county may require to authorize an applicant to commence construction of the charging system and a permit application for an electrical permit established under article 115 of title 12 and issued by the state electrical board. (g) "Objective standard" means a standard that: (I) Is uniformly verifiable and ascertainable by reference to an available external or uniform benchmark or criterion by the applicant and county permitting agency staff prior to the applicant's filing of an EV charger permit application; and (II) Does not require county permitting agency staff to make a subjective determination concerning an EV charger permit application. (2) (a) On or before December 31, 2025, the board of county commissioners of a county with a population of twenty thousand or more according to the 2020 federal census shall do one of the following: (I) Adopt an ordinance or resolution to incorporate the same standards and permitting process or less restrictive standards and permitting process as the standards and permitting process described in the EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3) of this section; (II) (A) Adopt an ordinance or resolution that establishes objective standards and an administrative review process to be used by the county permitting agency during the county's review of applications for EV charger permits in accordance with subsections (4) and (5) of this section. (B) An ordinance or resolution adopted by the county pursuant to this subsection (2)(a)(II) shall be developed in consultation with the local fire department or fire district, any electric utilities serving the county, and other relevant stakeholders, as determined by the county. (III) Adopt an ordinance or resolution that establishes that the county does not intend to adopt an ordinance or resolution in accordance with subsection (2)(a)(I) or (2)(a)(II) of this section and that the county permitting agency will continue to utilize the county's existing permitting review process for EV charger permit applications. (b) On or before March 1, 2026, a county that is subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office describing the county's compliance with subsection (2)(a) of this section. his section and that the county permitting agency will continue to utilize the county's existing permitting review process for EV charger permit applications. (b) On or before March 1, 2026, a county that is subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office describing the county's compliance with subsection (2)(a) of this section. (c) On or before January 31, 2027, a county subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office regarding each application for an EV charger permit that was received by the county permitting agency between December 31, 2025, and December 1, 2026. The report must include: (I) The final determination made by the county permitting agency for each EV charger permit application; and (II) For each EV charger permit application submitted to the county permitting agency, the duration between the date that the EV charger permit application was deemed complete by the county permitting agency and the date that the county permitting agency made a final determination on the EV charger permit application. (d) If the board of county commissioners of a county adopts the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopts an ordinance or resolution in accordance with subsection (2)(a)(III) of this section, the requirements of subsections (4) and (5) of this section do not apply to the county. (3) (a) On or before March 31, 2025, the Colorado energy office shall publish an EV charger permitting model code that contains guidelines for the adoption of EV charger permit standards and permitting processes for counties. (b) The EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3)(a) of this section must be developed in consultation with counties, representatives from disproportionately impacted communities, public electric utilities, and other relevant stakeholders, as determined by the Colorado energy office. (c) The EV charger permitting model code developed by the Colorado energy office in accordance with this subsection (3) shall only apply to a county's land use and zoning permitting processes and shall not contravene: (I) State electrical permitting requirements or procedures; (II) County electrical permitting requirements or procedures; (III) State electrical inspection requirements; (IV) County electrical inspection requirements; or (V) National electric code requirements or regulations related to electric motor vehicle charging systems. (d) The EV charger permitting model code developed by the Colorado energy office in accordance with this subsection (3) shall not contain required timelines that a county permitting agency must comply with for the review, approval, or denial of EV charger permit applications. (4) (a) A county permitting agency shall approve, conditionally approve, or deny an application for an EV charger permit using the county's administrative review process to determine if the proposed electric motor vehicle charging system is in compliance with the county's objective standards. (b) A county permitting agency shall not deny or place conditions on an EV charger permit application unless the denial or conditions are for the purpose of reasonably protecting public health or safety. (c) If a county permitting agency denies an application for an EV charger permit, the county permitting agency shall make written findings that the proposed electric motor vehicle charging system would violate the county's objective standards or would not be reasonably protective of public health or safety and send those written findings to the applicant within three business days after the date the county permitting agency denies the application. tion for an EV charger permit, the county permitting agency shall make written findings that the proposed electric motor vehicle charging system would violate the county's objective standards or would not be reasonably protective of public health or safety and send those written findings to the applicant within three business days after the date the county permitting agency denies the application. (d) An applicant for an EV charger permit that is denied a permit or has conditions placed on the approval of an EV charger permit by a county permitting agency may appeal the county permitting agency's decision to the board of county commissioners of the county. (e) The requirements of this subsection (4) do not apply to counties that adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section. (5) (a) The county permitting agency must make available to prospective applicants for EV charger permits a checklist of all requirements that must be included in an application for an EV charger permit. (b) A county permitting agency shall review an application for an EV charger permit to confirm that the application sufficiently meets the requirements of the checklist described in subsection (5)(a) of this section. (c) A county permitting agency shall consider an application for an EV charger permit that satisfies the requirements of the checklist described in subsection (5)(a) of this section a complete application. (d) If an applicant for an EV charger permit submits an application that does not meet all the requirements of the checklist described in subsection (5)(a) of this section, the county permitting agency shall, within three business days after the date the county permitting agency determines the application is not sufficient, send a written notice to the applicant that details all of the deficiencies with the application and any additional information required for the application to be considered complete. (e) The requirements of this subsection (5) do not apply to counties that adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section. (6) (a) The Colorado energy office shall provide technical assistance to counties to assist a county in complying with the requirements of this section, including providing: (I) Support for the development and adoption of county codes; and (II) Materials and support for training county permitting agency staff with interpreting and applying EV charger permit standards and processes. (b) The Colorado energy office shall use money in the electric vehicle grant fund, created in section 24-38.5-103, to provide technical assistance to counties in accordance with this subsection (6). (c) The Colorado energy office shall prioritize providing technical assistance to counties that have a significant number of disproportionately impacted communities. (7) Regardless of the ordinance or resolution adopted by a board of county commissioners in accordance with subsection (2)(a) of this section, a county permitting agency shall, within three business days after the date the county permitting agency makes the determination to approve, conditionally approve, or deny an application, send notice to an applicant for an EV charger permit that states the county permitting agency's determination on the applicant's EV charger permit application.

C.R.S. § 30-28-301 Legislative declaration

30-28-301. Legislative declaration. (1) The general assembly hereby finds and declares that, in certain areas of the state, property has been conveyed as irregular parcels or as parcels platted prior to establishment of current subdivision regulations. Situations exist where the physical layout of lots conveyed in this manner are not in dispute, but the legal descriptions of these lots contain inaccuracies such that conflicts exist in the written record locating property boundaries. These conflicts in the legal descriptions jeopardize the ability of property owners to utilize and to convey their property. These conflicts often affect a number of properties such that the most efficient means of correcting them is to create a subdivision exemption plat for the area which can be used as a uniform basis for legal descriptions. The inability of property owners to resolve conflicts in legal descriptions is contrary to the public welfare and interferes with efficient and economic development and utilization of land. (2) It is the purpose of this part 3 to provide for the preparation of subdivision exemption plats for unplatted areas or for areas platted prior to current subdivision regulations which can be used as a uniform basis for legal descriptions of such areas.

C.R.S. § 30-28-302 Definitions

30-28-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Irregular, divided area" means an area containing parcels of less than thirty-five acres which are either irregular parcels or parcels which were platted prior to June 1, 1972. (2) "Irregular parcel" means a parcel of land which is not uniquely defined on a subdivision plat but which is described by any of the following methods: (a) An aliquot part of a section; (b) A metes and bounds description; (c) A book and page or reception number reference; (d) Any so-called "assessor's tract"; (e) A description which calls only for the owner's or adjoiner's name. (3) "Land division study area" means an area of land which qualifies as an irregular, divided area as defined in subsection (1) of this section, and which has been designated by the board of county commissioners for the purpose of preparing a plan for platting in accordance with the provisions of section 30-28-304. (4) "Land surveyor" means a person registered or licensed pursuant to part 3 of article 120 of title 12. (5) "Parcel" means a contiguous area of land, except for intervening easements and rights-of-way with a continuous boundary defined either by the methods specified in subsection (2) of this section, when the description of the parcel has been recorded in the office of the county clerk and recorder or by reference to a recorded subdivision plat. (6) "Property owner" or "owner" means the person or persons who hold title to a parcel of land as shown on the property tax assessment roll in the office of the county assessor. (7) "Subdivision exemption plat" or "exemption plat" means a subdivision plat which depicts a division of land or the creation of an interest in property for which the board of county commissioners has granted an exemption from subdivision regulations pursuant to section 30-28-101 (10)(d) and which is suitable for recording pursuant to section 38-51-105, C.R.S. (8) "Subdivision plat" means a map of a platted subdivision recorded for the purpose of creating land parcels which can be identified uniquely by reference to such map.

C.R.S. § 30-28-303 Creation of land division study area

30-28-303. Creation of land division study area. (1) Upon petition of the property owners who represent not less than ten percent of the land in an irregular, divided area, the board of county commissioners may create a land division study area. (2) At any regular meeting of the board of county commissioners, the board may designate an area of land as a land division study area if: (a) The notice and comment provisions of subsection (3) of this section have been complied with; and (b) The board finds that the area proposed for inclusion in the study qualifies as an irregular, divided area. (3) Prior to designating an area of land as a land division study area, the board of county commissioners shall publish its intent to consider such designation thirty days prior to the meeting in a newspaper of general circulation in the county. Such notice shall include the time and place of the hearing and an invitation to the public to comment on the proposed designation.

C.R.S. § 30-28-304 Preparation and adoption of plan for platting notice - withdraw from plan - requirements for adoption

30-28-304. Preparation and adoption of plan for platting notice - withdraw from plan - requirements for adoption. (1) (a) The board of county commissioners shall have prepared a plan for platting the land division study area. (b) The plan shall include the estimated cost for preparing a subdivision exemption plat and the estimated amount which must be assessed against each property included in the plan in order to repay the cost of the exemption plat. Costs associated with the following activities shall be eligible for inclusion in the cost estimate: (I) Surveying and engineering; (II) Drafting; (III) Computerized mapping; (IV) Aerial photography; (V) Monumentation; (VI) Title research and documentation; (VII) Preparation of deeds; (VIII) Court costs; and (IX) Project administration. (c) In addition to the costs set forth in subparagraphs (I) to (IX) of paragraph (b) of this subsection (1), the estimated cost may include a contingency amount of up to fifteen percent of the total costs set forth in such subparagraphs. (2) (a) The board of county commissioners shall conduct a public hearing to consider adoption of the plan for platting described in subsection (1) of this section and to allow owners of property in the land division study area an opportunity to register either their agreement or objection to having their property included in any subdivision exemption plat for the land division study area. (b) Notice of the time and place of the hearing shall be given at least thirty days prior to the hearing by publication in a newspaper of general circulation in the county and by certified mail to owners of property included in the land division study area. In addition to the time and place of the hearing, the notice shall include at a minimum the following information: (I) A map showing the properties included in the land division study area, including the approximate location of parcel boundaries; (II) The purpose for which the study area was created; (III) The process by which a subdivision exemption plat for the land division study area can be prepared; (IV) The cost estimates for preparation of a subdivision exemption plat, with conspicuous notification that such costs would be assessed against the properties included in the exemption plat; (V) The opportunity for the property owner to object to this property being included in any subdivision exemption plat for the land division study area; and (VI) A copy of the plan for platting prepared pursuant to subsection (1) of this section. (3) (a) Any property owner may elect to withdraw from the plan for platting described in subsection (1) of this section by submitting a written request by certified mail to the county clerk and recorder prior to the date of the hearing or by appearing at the hearing and informing the board of county commissioners of his decision to withdraw from the plan. (b) The board of county commissioners shall exclude properties of owners who request withdrawal pursuant to paragraph (a) of this subsection (3) from any plan adopted for platting the land division study area. (c) The board of county commissioners shall not adopt a plan for platting if the withdrawal of property owners from participation would result in an increase in the amount of the assessment against the remaining properties from that amount which was stated in the plan, unless written consent is obtained from all owners who elect to participate in the plan for platting. (4) Prior to adoption of any plan for platting a land division study area: adopt a plan for platting if the withdrawal of property owners from participation would result in an increase in the amount of the assessment against the remaining properties from that amount which was stated in the plan, unless written consent is obtained from all owners who elect to participate in the plan for platting. (4) Prior to adoption of any plan for platting a land division study area: (a) The board of county commissioners shall obtain written consent from each property owner who elects to participate in the plan. Consent on the part of a property owner to participate in the plan shall constitute consent to the following: (I) Preparation of a subdivision exemption plat for his property; (II) Temporary conveyance of title to his property to the district court as provided in section 30-28-307; (III) Payment of the assessment against his property for the cost of preparing the subdivision exemption plat; (b) Each property owner participating in the plan shall provide evidence of title insurance or other evidence of title which is acceptable to the board of county commissioners for the property which shall be included in the plan for platting. The board of county commissioners shall have the authority to evaluate evidence of title and to exclude properties where title has not been proven to the board's satisfaction. (5) The board of county commissioners shall adopt the plan for platting by resolution by a majority vote of the full membership of the board.

C.R.S. § 30-28-305 Preparation of subdivision exemption plat

30-28-305. Preparation of subdivision exemption plat. (1) The board of county commissioners shall have a subdivision exemption plat prepared for those properties in the land division study area for which the owners have: (a) Not elected to withdraw from the plan as provided in section 30-28-304 (3); (b) Given written consent to participate in the plan for platting and have supplied adequate evidence of title as required by section 30-28-304 (4). (2) The exemption plat shall be prepared by a professional land surveyor, and shall assign a lot number to each of the properties included in the exemption plat.

C.R.S. § 30-28-306 Preparation of deeds

30-28-306. Preparation of deeds. The board of county commissioners shall have deeds prepared for each of the properties included in the subdivision exemption plat, using the exemption plat as the basis for the legal description of such properties. Deeds prepared under the provisions of this section shall constitute a legal means for the conveyance of property only upon recordation of the subdivision exemption plat in the office of the county clerk and recorder.

C.R.S. § 30-28-307 Conveyance of title to district court

30-28-307. Conveyance of title to district court. (1) Upon completion of the preparation of the subdivision exemption plat and of the deeds for the parcels included in the exemption plat, each property owner participating in the subdivision exemption plat shall convey the existing title to his property to the district court having jurisdiction over the property which is to be platted. (2) The district court shall hold each title in escrow and shall act as the property owner for all properties conveyed in this manner for purposes of executing the owner's certificate for consent to the subdivision of the properties as indicated in the subdivision exemption plat.

C.R.S. § 30-28-308 Recordation of subdivision exemption plat

30-28-308. Recordation of subdivision exemption plat. Upon execution of the owner's certificate by the district court, the board of county commissioners shall have the subdivision exemption plat recorded in the office of the county clerk and recorder.

C.R.S. § 30-28-309 Reconveyance of title to property owners

30-28-309. Reconveyance of title to property owners. (1) Upon recordation of the subdivision exemption plat by the county clerk and recorder, the district court shall reconvey the titles held by the court pursuant to section 30-28-307 to the property owners who conveyed title to their properties to the district court. The district court shall convey title by means of the deeds which were prepared in accordance with section 30-28-306. (2) (a) A failure to record the subdivision exemption plat and to reconvey title from the district court to the participating property owners within five working days from the date title is conveyed to the district court shall void the original conveyance to the district court. (b) Voiding of the original conveyance shall not preclude subsequent attempts to convey property to the district court for the purposes stated in this part 3, and the limitation on the length of time the district court may hold title to properties so conveyed shall apply to any subsequent conveyance attempts.

C.R.S. § 30-28-310 Assessment of costs

30-28-310. Assessment of costs. (1) (a) The board of county commissioners shall have the authority to assess all eligible costs incurred in preparing the subdivision exemption plat against the properties included in the exemption plat. The maximum amount of such assessment shall be the maximum cost estimate which was included in the plan for platting. The board of county commissioners may establish a schedule of not more than ten years for repayment of the assessment. (b) The assessment shall become part of the property taxes owed for the affected properties, and the board of county commissioners shall have power to collect delinquent assessments in the same manner that delinquent property taxes are collected. The amount assessed against each of the affected properties shall be proportionate to the benefit received. (2) The district court shall have the authority to charge for the costs incurred in administering sections 30-28-307 and 30-28-309. Such costs shall be paid by the county at the time these duties are performed, and the county shall be reimbursed for such costs by adding a proportionate amount of such costs to the property owners' assessments which are levied in accordance with subsection (1) of this section.

C.R.S. § 30-28-311 Cancellation of process

30-28-311. Cancellation of process. (1) After adoption of the plan for platting as set forth in section 30-28-304, the board of county commissioners shall cancel the procedures set forth in this part 3 for the creation of a subdivision exemption plat upon: (a) Written request from at least seventy-five percent of the participating property owners; or (b) Refusal on the part of one or more property owners to convey title as required by section 30-28-307. (2) The board of county commissioners shall have the authority to assess costs as provided in section 30-28-310 against the properties included in the adopted plan for work completed prior to cancellation of the process.

C.R.S. § 30-28-312 Limitation on liability

30-28-312. Limitation on liability. Property owners and any persons representing themselves as property owners who convey property to the district court under the provisions of this part 3 shall bear full responsibility for the condition of the title they hold to the property and for any subsequent litigation regarding defective title. Administration by the board of county commissioners and the district court of the procedures set forth in this part 3 shall not confer liability upon them or anyone in their employ for any litigation regarding defective title of any property which is included in a subdivision exemption plat prepared pursuant to this part 3.

C.R.S. § 30-28-313 Severability

30-28-313. Severability. If any section, clause, provision, or portion of this part 3 shall be found unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of this part 3 shall not be affected.

C.R.S. § 30-28-401 Legislative declaration

30-28-401. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) It is in the public interest to encourage clustering of residential dwellings on tracts of land that are exempt from subdivision regulation by county government pursuant to section 30-28-101 (10)(c)(X), thereby providing a means of preserving common open space, of reducing the extension of roads and utilities to serve the residential development, and of allowing landowners to implement smart growth on land that is exempt from subdivision regulations. (b) Landowners should have the option to consider cluster development when subdividing land into parcels in a manner that constitutes an alternative to the traditional thirty-five acre interests described in section 30-28-101 (10)(c)(I). (c) A process should be available for the development of parcels of land for residential purposes that will authorize the use of clustering, water augmentation, density bonuses, not to exceed two units for each thirty-five acre increment, or other incentives, and the transfer of development rights and fulfill the goals of the county to preserve open space, protect wildlife habitat and critical areas, and enhance and maintain the rural character of lands with contiguity to agricultural lands suitable for long-range farming and ranching operations.

C.R.S. § 30-28-402 Definitions

30-28-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Rural land use process" means a planning process duly enacted and adopted by a county which is designed to offer a land use option for single family residential purposes that differs from traditional thirty-five acre divisions of land, as described in section 30-28-101 (10)(c)(I).

C.R.S. § 30-28-403 Cluster development

30-28-403. Cluster development. (1) A cluster development is any division of land that creates parcels containing less than thirty-five acres each, for single-family residential purposes only, where one or more tracts are being divided pursuant to a rural land use process and where at least two-thirds of the total area of the tract or tracts is reserved for the preservation of open space. No rural land use process as authorized by this section shall approve a cluster development that would exceed one residential unit for each seventeen and one-half acre increment. (2) As a condition of approving a cluster development, a rural land use process shall require that the cluster development plan to set aside land to preserve open space or to protect wildlife habitat or critical areas not permit development of such land for at least forty years from the date the plan is approved.

C.R.S. § 30-28-404 Water - sewage - roadways - notification to state engineer

30-28-404. Water - sewage - roadways - notification to state engineer. (1) In an effort to preserve open space and water resources, a cluster development may obtain only one well permit for each single-family residential lot pursuant to sections 37-90-105 and 37-92-602, C.R.S., subject to the provisions of subsection (2) of this section. (2) Except in areas of the state where unappropriated water is available for withdrawal and the vested water rights of others will not be materially injured and except inside designated groundwater basins, a water court-approved plan for augmentation shall be required and shall accompany any county-approved rural land use plan when the water usage in the cluster development would exceed an annual withdrawal rate of one acre-foot for each thirty-five acres within the cluster development. Nothing in this section shall be construed to preclude the use of treated domestic water provided by any public or private entity. (3) No later than ten days after approval of a cluster development pursuant to a county's rural land use process, the board of county commissioners shall notify the state engineer of such approval and shall provide the state engineer a copy of the approved rural land use plan that includes the cluster development.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-30.docxFetched: 10/6/2026

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