C.R.S. § 29-20-101 Short title
29-20-101. Short title. This article shall be known and may be cited as the "Local Government Land Use Control Enabling Act of 1974".
Local Government Regulation of Land Use
C.R.S. tit. 29, art. 20
in effectC.R.S. § 29-20-102 Legislative declaration
29-20-102. Legislative declaration. (1) The general assembly hereby finds and declares that in order to provide for planned and orderly development within Colorado and a balancing of basic human needs of a changing population with legitimate environmental concerns, the policy of this state is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions. Nothing in this article shall serve to diminish the planning functions of the state or the duties of the division of planning.
(2) The general assembly further finds and declares that local governments will be better able to properly plan for growth and serve new residents if they are authorized to impose impact fees as a condition of approval of development permits. However, impact fees and other development charges can affect growth and development patterns outside a local government's jurisdiction, and uniform impact fee authority among local governments will encourage proper growth management.
C.R.S. § 29-20-103 Definitions
29-20-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Development permit" means any preliminary or final approval of an application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application for new construction; except that, solely for purposes of part 3 of this article:
(a) Each application included in the definition of development permit constitutes a stage in the development permit approval process; and
(b) "Development permit" is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government.
(1.3) "Fire and emergency services provider" means a fire protection district organized under article 1 of title 32, C.R.S., or a fire authority established pursuant to section 29-1-203.5.
(1.5) "Local government" means a county, home rule or statutory city, town, territorial charter city, or city and county.
(2) "Power authority" means an authority created pursuant to section 29-1-204.
C.R.S. § 29-20-104 Powers of local governments - definition
29-20-104. Powers of local governments - definition. (1) Except as expressly provided in section 29-20-104.2, section 29-20-104.5, and article 35 of this title 29, the power and authority granted by this section does not limit any power or authority presently exercised or previously granted. Except as provided in section 29-20-104.2, each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by:
(a) Regulating development and activities in hazardous areas;
(b) Protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species;
(c) Preserving areas of historical and archaeological importance;
(d) Regulating, with respect to the establishment of, roads on public lands administered by the federal government; this authority includes authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477) but does not include authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized for mining claim purposes by 30 U.S.C. 21 et seq., or under any specific permit or lease granted by the federal government;
(e) Regulating the location of activities and developments which may result in significant changes in population density;
(e.5) Regulating development or redevelopment in order to promote the construction of new affordable housing units. The provisions of section 38-12-301 shall not apply to any land use regulation adopted pursuant to this section that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. Nothing in this subsection (1)(e.5) is construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of section 38-12-301.
(e.7) Notwithstanding any other provision of this section, a local government shall not exercise the authority granted by subsection (1)(e.5) of this section unless the local government demonstrates, at the time it enacts a land use regulation for the purpose of exercising such authority, it has taken one or more of the following actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units:
(I) Adopt changes to its zoning and land use policies that are intended to increase the overall density and availability of housing, including but not limited to:
(A) Changing its zoning regulations to increase the number of housing units allowed on a particular site;
(B) Promoting mixed-use zoning that permits housing units to be incorporated in a wider range of developments;
(C) Permitting more than one dwelling unit per lot in traditional single-family lots;
(D) Increasing the permitted household size in single family homes;
(E) Promoting denser housing development near transit stations and places of employment;
(F) Granting reduced parking requirements to residential or mixed-use developments that include housing near transit stations or affordable housing developments;
(G) Granting density bonuses to development projects that incorporate affordable housing units; or
(H) Adopting policies to promote the diversity of the housing stock within the local community including a mix of both for-sale and rental housing opportunities;
(II) Materially reduce or eliminate utility charges, regulatory fees, or taxes imposed by the local government applicable to affordable housing units;
density bonuses to development projects that incorporate affordable housing units; or
(H) Adopting policies to promote the diversity of the housing stock within the local community including a mix of both for-sale and rental housing opportunities;
(II) Materially reduce or eliminate utility charges, regulatory fees, or taxes imposed by the local government applicable to affordable housing units;
(III) Grant affordable housing developments material regulatory relief from any type of zoning or other land development regulations that would ordinarily restrict the density of new development or redevelopment;
(IV) Adopt policies to materially make surplus property owned by the local government available for the development of housing; or
(V) Adopt any other regulatory measure that is expressly designed and intended to increase the supply of housing within the local government's jurisdictional boundaries.
(e.9) The department of local affairs shall offer guidance to assist local governments in connection with the implementation of this section.
(f) Providing for phased development of services and facilities;
(g) (I) Regulating the use of land on the basis of the impact of the use on the community or surrounding areas;
(II) (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)(g)(II) 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)(g)(II).
(h) Regulating the surface impacts of energy and carbon management operations, as defined in section 34-60-103, in a reasonable manner to address matters specified in this subsection (1)(h) and to protect and minimize adverse impacts to public health, safety, and welfare and the environment. Nothing in this subsection (1)(h) is intended to alter, expand, or diminish the authority of local governments to regulate air quality under section 25-7-128. As used in this subsection (1)(h), "minimize adverse impacts" means, to the extent necessary and reasonable, to protect public health, safety, and welfare and the environment by avoiding adverse impacts from energy and carbon management operations, as defined in section 34-60-103, and minimizing and mitigating the extent and severity of those impacts that cannot be avoided. The following matters are covered by this subsection (1)(h):
(I) Land use;
(II) The location and siting of energy and carbon management operations, as defined in section 34-60-103;
(III) Impacts to public facilities and services;
(IV) Water quality and source, noise, vibration, odor, light, dust, air emissions and air quality, land disturbance, reclamation procedures, cultural resources, emergency preparedness and coordination with first responders, security, and traffic and transportation impacts;
(V) Financial securities, indemnification, and insurance as appropriate to ensure compliance with the regulations of the local government; and
(VI) All other nuisance-type effects of the operations described in this subsection (1)(h); and
e, reclamation procedures, cultural resources, emergency preparedness and coordination with first responders, security, and traffic and transportation impacts;
(V) Financial securities, indemnification, and insurance as appropriate to ensure compliance with the regulations of the local government; and
(VI) All other nuisance-type effects of the operations described in this subsection (1)(h); and
(i) Otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights.
(2) To implement the powers and authority granted in subsection (1)(h) of this section, a local government within its respective jurisdiction has the authority to:
(a) Inspect all facilities subject to local government regulation;
(b) Impose fines for leaks, spills, and emissions;
(c) Impose fees on operators or owners to cover the reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and to enforce local governmental requirements; and
(d) Impose fees to enhance emergency preparedness and emergency response capabilities if a carbon dioxide release occurs. Allowable expenditures of the fees collected include:
(I) Preparing emergency response plans for a carbon dioxide release;
(II) Purchasing electric emergency response vehicles;
(III) Developing or maintaining a text message or other emergency communication alert system;
(IV) Purchasing devices that assist in the detection of a carbon dioxide release;
(V) Equipment for first responders, local residents, and medical facilities that assist in the preparation for, detection of, or response to the release of carbon dioxide or other toxic or hazardous materials; and
(VI) Training and training materials for first responders, local residents, businesses, and other local entities to prepare for and respond to the release of carbon dioxide or other toxic or hazardous materials.
(3) (a) To provide a local government with technical expertise regarding whether a preliminary or final determination of the location of an oil and gas facility or oil and gas location within its respective jurisdiction could affect oil and gas resource recovery:
(I) Once an operator, as defined in section 34-60-103, files an application for the location and siting of an oil and gas facility or oil and gas location and the local government has made either a preliminary or final determination regarding the application, the local government that has land use jurisdiction may ask the director of the energy and carbon management commission pursuant to section 34-60-104.5 (3) to appoint a technical review board to conduct a technical review of the preliminary or final determination and issue a report that contains the board's conclusions.
(II) Once a local government has made a final determination regarding an application specified in subsection (3)(a)(I) of this section or if the local government has not made a final determination on an application within two hundred ten days after filing by the operator, the operator may ask the director of the energy and carbon management commission pursuant to section 34-60-104.5 (3) to appoint a technical review board to conduct a technical review of the final determination and issue a report that contains the board's conclusions.
(b) A local government may finalize its preliminary determination without any changes based on the technical review report, finalize its preliminary determination with changes based on the report, or reconsider or do nothing with regard to its already finalized determination.
w board to conduct a technical review of the final determination and issue a report that contains the board's conclusions.
(b) A local government may finalize its preliminary determination without any changes based on the technical review report, finalize its preliminary determination with changes based on the report, or reconsider or do nothing with regard to its already finalized determination.
(c) If an applicant or local government requests a technical review pursuant to subsection (3)(a) of this section, the period to appeal a local government's determination pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure is tolled until the report specified in subsection (3)(a) of this section has been issued, and the applicant is afforded the full period to appeal thereafter.
C.R.S. § 29-20-104.2 Anti-growth law - preemption - legislative declaration - definitions
29-20-104.2. Anti-growth law - preemption - legislative declaration - definitions. (1) The general assembly finds and declares that:
(a) A reliable public policy environment that supports an adequate and affordable housing supply is a matter of statewide concern, and a healthy supply of housing units to match both current demand and future demand driven by population growth is critical for job creation, housing stability, affordability, and the overall economic well-being of all Coloradans;
(b) The lack of affordable housing in Colorado is directly attributable to the scarcity of housing units;
(c) According to a study of housing development in Colorado, the state has over one hundred seventy-five thousand fewer housing units than needed to restore its historical population-to-housing ratio from 1986 through 2008;
(d) To close the deficit and account for projected population growth, the state will need to add over one hundred sixty-two thousand housing units by 2027;
(e) Anti-growth laws enacted by local governments severely undermine the ability to construct the additional housing units Coloradans need;
(f) Anti-growth laws do irreparable economic harm to working class Coloradans by limiting the housing supply and driving up housing prices and rents. Furthermore, anti-growth laws threaten the livelihood of Coloradans employed in construction and other building trades as well as businesses across the state that rely on the commerce associated with home building.
(g) Uniformity in land use laws concerning residential growth is necessary for efficient residential development statewide and for the encouragement of construction of new housing units;
(h) The enactment or enforcement of anti-growth laws by some local governments decreases housing development in these locations and puts pressure on other local governments' residential housing stock, roads, utilities, and other services; and
(i) It is therefore necessary for the general assembly to preempt and prohibit the enforcement of existing anti-growth laws and prohibit the enactment and enforcement of new anti-growth laws.
(2) As used in this section, unless the context otherwise requires:
(a) "Anti-growth law" means a land use law that explicitly limits either the growth of the population in the governmental entity's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed use development submitted to, reviewed by, approved by, or issued by a governmental entity for any calendar or fiscal year. As used in this subsection (2)(a), "land use law" means any statute, resolution, ordinance, code, rule, regulation, plan, policy, procedure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property.
(b) "Governmental entity" means:
(I) A statutory or home rule county, a city and county, or a municipality; and
(II) Any special district or agency, authority, political subdivision, or instrumentality of a county, or of a city and county, or of a municipality.
edure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property.
(b) "Governmental entity" means:
(I) A statutory or home rule county, a city and county, or a municipality; and
(II) Any special district or agency, authority, political subdivision, or instrumentality of a county, or of a city and county, or of a municipality.
(c) "Property" means real property located within the state that is not publicly owned.
(3) Notwithstanding any provision of section 29-20-104 to the contrary, a governmental entity shall not enact or enforce an anti-growth law affecting property.
(4) (a) Notwithstanding any provision of section 29-20-104 or subsection (3) of this section to the contrary, a governmental entity may enact and enforce a temporary, nonrenewable anti-growth law:
(I) Following a disaster emergency declared by the governor or local government that occurred in the jurisdiction of the governmental entity;
(II) For the purpose of developing or amending land use plans or land use laws covering residential development or the residential component of a mixed-use development; or
(III) To provide for the extension or acquisition of public infrastructure, public services, or water resources.
(b) A temporary, nonrenewable anti-growth law affecting property allowed by subsection (4)(a) of this section may be effective for no more than twenty-four months in any five-year period.
(5) (a) Except as otherwise provided in subsection (5)(b) of this section, nothing in this section requires a governmental entity to approve a permit application or precludes a governmental entity from regulating the use of land, developing land use plans, enacting affordability requirements that regulate or restrict market rate development or redevelopment in order to enforce affordability requirements, regulating the rental of any property or portion of a property that is available for lodging for less than thirty days, or denying a permit for any reason, including extending or acquiring infrastructure, water resources, or services.
(b) Subsection (5)(a) of this section does not apply to a hotel unit portion of a structure that is used by a business establishment to provide commercial lodging to the general public for predominantly overnight or weekly stays, that is classified as a hotel or motel for purposes of property taxation, that is not a unit, as defined in section 38-33.3-103 (30), in a condominium, and that is zoned or permitted by a governmental entity for use as a hotel.
C.R.S. § 29-20-104.5 Impact fees - definition
29-20-104.5. Impact fees - definition. (1) Pursuant to the authority granted in section 29-20-104 (1)(g) and as a condition of issuance of a development permit, a local government may impose an impact fee or other similar development charge to fund expenditures by such local government on capital facilities needed to serve new development. No impact fee or other similar development charge shall be imposed except pursuant to a schedule that is:
(a) Legislatively adopted;
(b) Generally applicable to a broad class of property; and
(c) Intended to defray the projected impacts on capital facilities caused by proposed development.
(2) (a) A local government shall quantify the reasonable impacts of proposed development on existing capital facilities and establish the impact fee or development charge at a level no greater than necessary to defray such impacts directly related to proposed development. No impact fee or other similar development charge shall be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed development.
(b) to (d) Repealed.
(3) Any schedule of impact fees or other similar development charges adopted by a local government pursuant to this section must include provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the impact fee or other similar development charge is imposed.
(4) As used in this section, the term "capital facility" means any improvement or facility that:
(a) Is directly related to any service that a local government is authorized to provide;
(b) Has an estimated useful life of five years or longer; and
(c) Is required by the charter or general policy of a local government pursuant to a resolution or ordinance.
(5) Any impact fee or other similar development charge shall be collected and accounted for in accordance with part 8 of article 1 of this title. Notwithstanding the provisions of this section, a local government may waive an impact fee or other similar development charge on the development of low- or moderate- income housing or affordable employee housing as defined by the local government.
(6) No impact fee or other similar development charge shall be imposed on any development permit for which the applicant submitted a complete application before the adoption of a schedule of impact fees or other similar development charges by the local government pursuant to this section. No impact fee or other similar development charge imposed on any development activity shall be collected before the issuance of the development permit for such development activity. Nothing in this section shall be construed to prohibit a local government from deferring collection of an impact fee or other similar development charge until the issuance of a building permit or certificate of occupancy.
impact fee or other similar development charge imposed on any development activity shall be collected before the issuance of the development permit for such development activity. Nothing in this section shall be construed to prohibit a local government from deferring collection of an impact fee or other similar development charge until the issuance of a building permit or certificate of occupancy.
(7) Any person or entity that owns or has an interest in land that is or becomes subject to a schedule of fees or charges enacted pursuant to this section shall, by filing an application for a development permit, have standing to file an action for declaratory judgment to determine whether such schedule complies with the provisions of this section. An applicant for a development permit who believes that a local government has improperly applied a schedule of fees or charges adopted pursuant to this section to the development application may pay the fee or charge imposed and proceed with development without prejudice to the applicant's right to challenge the fee or charge imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that a local government has either imposed a fee or charge on a development that is not subject to the legislatively enacted schedule or improperly calculated the fee or charge due, it may enter judgment in favor of the applicant for the amount of any fee or charge wrongly collected with interest thereon from the date collected.
(8) (a) The general assembly hereby finds and declares that the matters addressed in this section are matters of statewide concern.
(b) This section shall not prohibit any local government from imposing impact fees or other similar development charges pursuant to a schedule that was legislatively adopted before October 1, 2001, so long as the local government complies with subsections (3), (5), (6), and (7) of this section. Any amendment of such schedule adopted after October 1, 2001, shall comply with all of the requirements of this section.
(9) If any provision of this section is held invalid, such invalidity shall invalidate this section in its entirety, and to this end the provisions of this section are declared to be nonseverable.
C.R.S. § 29-20-105 Intergovernmental cooperation
29-20-105. Intergovernmental cooperation. (1) Local governments are authorized and encouraged to cooperate or contract with other units of government pursuant to part 2 of article 1 of this title for the purposes of planning or regulating the development of land including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations.
(2) (a) Without limiting the ability of local governments to cooperate or contract with each other pursuant to the provisions of this part 1 or any other provision of law, local governments may provide through intergovernmental agreements for the joint adoption by the governing bodies, after notice and hearing, of mutually binding and enforceable comprehensive development plans for areas within their jurisdictions. This section shall not affect the validity of any intergovernmental agreement entered into prior to April 23, 1989.
(b) A comprehensive development plan may contain master plans, zoning plans, subdivision regulations, and building code, permit, and other land use standards, which, if set out in specific detail, may be in lieu of such regulations or ordinances of the local governments.
(c) Notwithstanding any other statutory provisions of article 28 of title 30, C.R.S., review of comprehensive development plans by the planning commissions of the local governments shall be discretionary, unless otherwise required by local ordinance. This subsection (2) shall not apply to the requirements of sections 30-28-110 and 30-28-127, C.R.S.
(d) An intergovernmental agreement providing for a comprehensive development plan may contain a provision that the plan may be amended only by the mutual agreement of the governing bodies of the local governments who are parties to the plan.
(e) In the event that a plan is silent as to a specific land use matter, existing local land use regulations shall control.
(f) (I) An intergovernmental agreement may contain provisions concerning annexation, including, but not limited to provisions:
(A) That a comprehensive development plan shall continue to control particular land areas even though the land areas are annexed or jurisdiction over the land areas is otherwise transferred pursuant to law between the local governmental entities who are parties to the agreement;
(B) For revenue sharing between local governments; and
(C) Concerning land areas that may be annexed by municipalities and the conditions related to such annexations as established in the comprehensive development plan.
(II) Nothing in this paragraph (f) shall be construed to render invalid any intergovernmental agreement or comprehensive development plan entered into prior to November 6, 2001.
(g) Each governing body that is a party to an intergovernmental agreement adopting a comprehensive development plan shall have standing in district court to enforce the terms of the agreement and the plan, including specific performance and injunctive relief. The district court shall schedule all actions to enforce an intergovernmental agreement and comprehensive development plan for expedited hearing.
(h) Local governments may, pursuant to an intergovernmental agreement, provide for revenue-sharing.
(i) Local governments shall not be required to enter into intergovernmental agreements or comprehensive development plans pursuant to this section.
C.R.S. § 29-20-105.5 Intergovernmental cooperation - intergovernmental agreements to address wildland fire mitigation - land owned by municipality for utility purposes - legislative declaration
29-20-105.5. Intergovernmental cooperation - intergovernmental agreements to address wildland fire mitigation - land owned by municipality for utility purposes - legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) As wildland fires are impervious to the territorial boundaries of political subdivisions, adequate protection against the harm and hazards caused by such fires necessitates the full cooperation of all governmental entities within whose contiguous territorial boundaries forest lands or wildland areas are located;
(b) Because of the likely threat that wildland fires may cross territorial boundaries, particularly if cooperative fire mitigation policies are not established and maintained, protecting the public from the dangers of such fires, especially fires occurring in wildland-urban interface areas, is a matter of statewide concern;
(c) The provisions of this section are necessary to protect the public from the dangers of forest land and wildland fires; and
(d) The provisions of this section are enacted for the purpose of authorizing and requiring intergovernmental cooperation between a county and any local governments that own land areas located within the county to mitigate the harm caused by forest land or wildland fires affecting such contiguous land areas in the interest of protecting the public health and safety.
(2) As used in this section, unless the context otherwise requires:
(a) "Fire department" shall have the same meaning as set forth in section 24-33.5-1202 (3.7), C.R.S., and includes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, a not-for-profit nongovernmental entity that is organized to provide firefighting services.
(b) "Forest land" shall have the same meaning as set forth in section 39-1-102 (4.3), C.R.S.
(b.5) "Local government" means a home rule or statutory city, town, territorial charter city, or a city and county. "Local government" does not include a county or a home rule county.
(c) "Wildland area" means an area in which development is essentially nonexistent, except for roads, railroads, power lines, and similar infrastructure, and in which structures, if present, are widely scattered.
(d) "Wildland fire" means an unplanned or unwanted fire in a wildland area, including an unauthorized human-caused fire, an out-of-control prescribed fire, and any other fire in a wildland area where the objective is to extinguish the fire.
(e) "Utility purposes" means the use or management of property by a local government that is reasonably related to the provision of electric, natural gas, water, wastewater, and telecomunication services.
(3) (a) (I) On or before July 1, 2012, each local government that owns any land area for any reason other than for utility purposes that is located either entirely or partially outside its own territorial boundaries and inside the territorial boundaries of a county and that contains at least fifty percent forest land or land that constitutes a wildland area shall enter into an intergovernmental agreement with the county for the purpose of mitigating forest land or wildland fires affecting the contiguous land areas of the local government and county.
(II) On or before July 1, 2012, each local government that owns any land area for utility purposes that is located either entirely or partially outside its own territorial boundaries and inside the territorial boundaries of a county and that contains at least fifty percent forest land or land that constitutes a wildland area shall either:
(A) Enter into an intergovernmental agreement with the county for the purpose of mitigating forest land or wildland fires affecting the contiguous land areas of the local government and county; or
ially outside its own territorial boundaries and inside the territorial boundaries of a county and that contains at least fifty percent forest land or land that constitutes a wildland area shall either:
(A) Enter into an intergovernmental agreement with the county for the purpose of mitigating forest land or wildland fires affecting the contiguous land areas of the local government and county; or
(B) Enter into an agreement with the Colorado state forest service created in section 36-7-201 (1), C.R.S., for the purpose of mitigating forest land or wildland fires affecting the contiguous land areas of the local government and county, and provide notification of the agreement to any county in which the local government owns any land area.
(III) In association with the governmental parties entering into any intergovernmental agreement or agreement with the Colorado state forest service, the parties to the agreement shall consult with any utility providers that have facilities in the areas subject to the agreement to the extent the provisions of the agreement will affect the providers.
(b) Any agreement required by subparagraph (I) or (II) of paragraph (a) of this subsection (3) shall address, without limitation, the following matters:
(I) The identification of all parties to the agreement and their respective roles and responsibilities with respect to the mitigation of forest land and wildland fires;
(II) The procedures for cooperation and coordination among the parties to the agreement;
(III) Management objectives for forest land and wildland fire prevention, preparedness, mitigation, suppression, reclamation, or rehabilitation and the designation of the local government with fiscal and operational authority for each objective;
(IV) A description of available emergency or mutual aid resources in the event of forest land or wildland fires;
(V) The specification of reimbursement and billing procedures; and
(VI) Action that may be undertaken by one party to the agreement if another party to the agreement fails to satisfy its duties or responsibilities under the agreement.
(c) The agreement required pursuant to paragraph (a) of this subsection (3) shall be executed by all parties to the agreement.
(4) Nothing in this section shall require any local government to enter into a new agreement if the local government is a party to an agreement in existence as of August 5, 2009, including, without limitation, a mutual aid agreement, that satisfies the requirements of this section unless the terms of any such agreement, including a mutual aid agreement, fail to address the responsibility among local governments for mitigating wildland fires in wildland-urban interface areas.
(5) (a) In accordance with the requirements of section 33-10-108 (3)(a), C.R.S., and pursuant to a contract, intergovernmental agreement, or memorandum of understanding, the division of parks and wildlife created in section 33-9-104, C.R.S., may allow fire mitigation personnel and accompanying equipment and material under the control or supervision of a fire department to enter state parks, state recreation areas, and natural areas for the purpose of mitigating forest land or wildland fires in or around such parks, recreation areas, and natural areas. Permissible activities to be undertaken by a fire department under this paragraph (a) include, without limitation, prescribed burning as a component of wildfire mitigation or forest or wildland management and exercises to promote the training of firefighting personnel.
al areas for the purpose of mitigating forest land or wildland fires in or around such parks, recreation areas, and natural areas. Permissible activities to be undertaken by a fire department under this paragraph (a) include, without limitation, prescribed burning as a component of wildfire mitigation or forest or wildland management and exercises to promote the training of firefighting personnel.
(b) Nothing in paragraph (a) of this subsection (5) shall be construed as affecting the authority of any state agency other than the division of parks and wildlife to enter into a contract, intergovernmental agreement, or memorandum of understanding for the purpose of allowing fire mitigation personnel and accompanying equipment and material under the control or supervision of a fire department to enter land areas under the jurisdiction of the state agency to undertake the permissible activities specified in paragraph (a) of this subsection (5).
(c) For purposes of this subsection (5), "state agency" shall have the same meaning as set forth in section 24-18-102 (9), C.R.S.
C.R.S. § 29-20-105.6 Notification to military installations by local governments of land use changes - legislative declaration - definitions
29-20-105.6. Notification to military installations by local governments of land use changes - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that it is desirable for local governments in the state to cooperate with military installations located within the state in order to encourage compatible land use, help prevent incompatible urban encroachment upon military installations, and facilitate the continued presence of major military installations within the state.
(2) As used in this section, unless the context otherwise requires:
(a) "Local government" means a county, home rule or statutory city, town, territorial charter city, or a city and county.
(b) "Military installation" means:
(I) A base, camp, post, station, airfield, yard, center, or any other land area under the jurisdiction of the United States department of defense, including any leased facility, the total acreage of which installation is in excess of five hundred acres; or
(II) The Greeley Air National Guard station.
(3) Each local government whose territorial boundaries are within two miles of all or any portion of a military installation shall timely provide to the installation commanding officer and the flying mission commanding officer, or their designees, information relating to proposed zoning changes, and amendments to the local government's comprehensive plan, or land development regulations that, if approved, would affect the use of any area within two miles of the military installation. Nothing in this subsection (3) is intended to require submission of any information in connection with a site-specific development application under consideration by the local government.
(4) Upon submission of the information required to be provided pursuant to subsection (3) of this section, the military installation shall have fourteen business days within which to review the information and submit comments to the local government on the impact the proposed changes may have on the mission of the military installation. Such comments may include:
(a) If the military installation has an airfield, whether the proposed changes will be compatible with the safety and noise standards contained in the air installation compatible use zone recommended by United States department of defense instruction 4165.57 for that airfield;
(b) Whether the proposed changes are compatible with the installation environmental noise management program of the military installation;
(c) Whether the proposed changes are compatible with any joint land use study for the area within which the changes are to take place, if such study has been completed; or
(d) Whether the military installation's mission will be adversely affected by the proposed changes.
(5) The local government shall review any comments received from the commanding officer or the flying mission commanding officer, or their designees, pursuant to subsection (4) of this section when considering approval of a comprehensive plan, amendments to the plan, or its land development regulations. The local government shall forward a copy of any such comments received to the office of smart growth created in section 24-32-3203 (1)(a), C.R.S.
(6) Notwithstanding any other provision of this section, nothing in this section is intended or shall be construed to require a local government to prepare a new master plan in effect as of August 11, 2010, in order to satisfy any of the requirements of this section.
C.R.S. § 29-20-106 Receipt of funds
29-20-106. Receipt of funds. Without limiting or superseding any authority presently exercised or previously granted, local governments are hereby authorized to receive and expend funds from other governmental and private sources for the purposes of planning for or regulating the use of land within their respective jurisdictions.
C.R.S. § 29-20-107 Compliance with other requirements
29-20-107. Compliance with other requirements. Except as provided in section 29-20-105 (2), where other procedural or substantive requirements for the planning for or regulation of the use of land are provided by law, such requirements shall control.
C.R.S. § 29-20-108 Local government regulation - location, construction, or improvement of major electrical or natural gas facilities - powerline trail notification - expedited review for certain transmission line projects - legislative declaration - definitions
29-20-108. Local government regulation - location, construction, or improvement of major electrical or natural gas facilities - powerline trail notification - expedited review for certain transmission line projects - legislative declaration - definitions. (1) The general assembly finds, determines, and declares that the location, construction, and improvement of major electrical and natural gas facilities are matters of statewide concern. The general assembly further finds, determines, and declares that:
(a) A reliable supply of electric power and natural gas statewide is of vital importance to the health, safety, and welfare of the people of Colorado;
(b) Electric power is transmitted by means of an interconnected grid system serving every area of the state, and natural gas is carried through a series of interconnected pipelines statewide;
(c) Impacts on the electric grid system or natural gas pipelines in one area of the state may have impacts on other areas of the state; and
(d) It is critical that public utilities and power authorities that supply electric or natural gas service maintain the ability to meet the demands for such service as growth continues to occur statewide.
(2) Local government land use regulations must require final local government action on any application of a public utility or a power authority providing electric or natural gas service that relates to the location, construction, or improvement of major electrical or natural gas facilities within one hundred twenty days after the utility's or authority's submission of a preliminary application, if a preliminary application is required by the local government's land use regulations, or within ninety days after submission of a final application. If the local government does not take final action within such time, the application is deemed approved. Within twenty-eight days of the submission by a utility or authority of an application pursuant to this subsection (2), the local government shall notify the utility or authority of any additional information that must be supplied by the utility or authority to complete the application. The notice must specify the particular provisions of the local government's land use regulations that necessitate submission of the required information. The one hundred twenty- or ninety-day period, as applicable, during which the local government is to take action on an application commences on the date that the utility or authority provides the requested information to the local government in response to the notice required by this subsection (2). If the local government does not notify the utility or authority within twenty-eight days that additional information is required to complete the application, the one hundred twenty- or ninety-day period, as applicable, commences on the date of the submission by the utility or authority of its application, and any request by a local government for additional information after the completion of the twenty-eight-day period does not extend the applicable deadline for final local government action in accordance with the requirements of this subsection (2). A local government may request additional information from a state agency, and the state agency shall submit the additional information within the initial twenty-eight-day period if the request is made within a reasonable amount of time. In no event shall a request for additional information, or a failure by a state agency to provide the additional information requested, extend any deadline for local government action or notification as set forth in this section. Nothing in this subsection (2) shall be construed to supersede any timeline set by agreement between a local government and a utility or authority applying for local government approval of location, construction, or improvement of major electrical or natural gas facilities as defined in subsection (3) of this section.
adline for local government action or notification as set forth in this section. Nothing in this subsection (2) shall be construed to supersede any timeline set by agreement between a local government and a utility or authority applying for local government approval of location, construction, or improvement of major electrical or natural gas facilities as defined in subsection (3) of this section.
(3) As used in this section, unless the context otherwise requires:
(a) "Major electrical or natural gas facilities" includes one or more of the following:
(I) Electrical generating facilities;
(II) Substations used for switching, regulating, transforming, or otherwise modifying the characteristics of electricity;
(III) Transmission lines operated at a nominal voltage of sixty-nine thousand volts or above;
(IV) Structures and equipment associated with such electrical generating facilities, substations, or transmission lines; or
(V) Structures and equipment utilized for the local distribution of natural gas service, including, but not limited to, compressors, gas mains, and gas laterals.
(b) "Powerline trail" has the meaning set forth in section 33-45-102 (5).
(c) "Transmission corridor" has the meaning set forth in section 33-45-102 (10).
(d) "Transmission provider" has the meaning set forth in section 33-45-102 (11).
(4) (a) A public utility or power authority shall notify the affected local government of its plans to site a major electrical or natural gas facility within the jurisdiction of the local government prior to submitting the preliminary or final permit application, but in no event later than filing a request for a certificate of public convenience and necessity pursuant to article 5 of title 40, C.R.S., or the filing of any annual filing with the public utilities commission that proposes or recognizes the need for construction of a new facility or the extension of an existing facility. If a public utility or power authority is not required to obtain a certificate of public convenience and necessity pursuant to article 5 of title 40, C.R.S., or file annually with the public utilities commission to notify the public utilities commission of proposed construction of a new facility or the extension of an existing facility, then the public utility or power authority shall notify any affected local governments of its intention to site a major electrical or natural gas facility within the jurisdiction of the local government when such utility or authority determines that it intends to proceed to permit and construct the facility. Following such notification, the public utility or power authority shall consult with the affected local governments in order to identify the specific routes or geographic locations under consideration for the site of the major electrical or natural gas facility and attempt to resolve land use issues that may arise from the contemplated permit application.
eed to permit and construct the facility. Following such notification, the public utility or power authority shall consult with the affected local governments in order to identify the specific routes or geographic locations under consideration for the site of the major electrical or natural gas facility and attempt to resolve land use issues that may arise from the contemplated permit application.
(b) In addition to its preferred alternative within its permit application, the public utility or power authority shall consider and present reasonable siting and design alternatives to the local government or explain why no reasonable alternatives are available.
(5) (a) If a local government denies a permit or application of a public utility or power authority that relates to the location, construction, or improvement of major electrical or natural gas facilities, or if the local government imposes requirements or conditions upon such permit or application that will unreasonably impair the ability of the public utility or power authority to provide safe, reliable, and economical service to the public, the public utility or power authority may appeal the local government action to the public utilities commission for a determination under section 40-4-102, C.R.S., so long as one or more of the following conditions exist:
(I) The public utility or power authority has applied for or has obtained a certificate of public convenience and necessity from the public utilities commission pursuant to section 40-5-101, C.R.S., to construct the major electrical or natural gas facility that is the subject of the local government action;
(II) A certificate of public convenience and necessity is not required for the public utility or power authority to construct the major electrical or natural gas facility that is the subject of the local government action; or
(III) The public utilities commission has previously entered an order pursuant to section 40-4-102, C.R.S., that conflicts with the local government action.
(b) Any appeal brought by a public utility or power authority to the public utilities commission under this section shall be conducted in accordance with the procedural requirements of section 40-6-109.5, C.R.S. In addition to the formal evidentiary hearing on the appeal, conducted in accordance with the procedural requirements of section 40-6-109, C.R.S., the public utilities commission shall take statements from the public concerning the appealed local government action at an open hearing held at a location specified by the local government.
(c) An appeal brought pursuant to this subsection (5) shall include a statement of the reasons why the local government action would unreasonably impair the ability of a public utility or power authority to provide safe, reliable, and economical service to the public.
he public concerning the appealed local government action at an open hearing held at a location specified by the local government.
(c) An appeal brought pursuant to this subsection (5) shall include a statement of the reasons why the local government action would unreasonably impair the ability of a public utility or power authority to provide safe, reliable, and economical service to the public.
(d) The public utilities commission shall balance the local government interest with the statewide interest in the location, construction, or improvement of major electrical or natural gas facilities. In striking such balance, the public utilities commission shall render a decision that is consistent with article 65.1 of title 24, C.R.S., including section 24-65.1-105, C.R.S., and the commission shall consider the following factors:
(I) The demonstrated need for the major electrical or natural gas facility;
(II) The extent to which the proposed facility is inconsistent with existing applicable local or regional land use ordinances, resolutions, or master or comprehensive plans;
(III) Whether the proposed facility would exacerbate a natural hazard;
(IV) Applicable utility engineering standards, including supply adequacy, system reliability, and public safety standards;
(V) The relative merit of any reasonably available and economically feasible alternatives proposed by the public utility, the power authority, or the local government;
(VI) The impact that the local government action would have on the customers of the public utility or power authority who reside within and without the boundaries of the jurisdiction of the local government;
(VII) The basis for the local government's decision to deny the application or impose additional conditions to the application;
(VIII) The impact the proposed facility would have on residents within the local government's jurisdiction including, in the case of a right of way in which facilities have been placed underground, whether those residents have already paid to place such facilities underground, and if so, shall give strong consideration to that fact; and
(IX) The safety of residents within and without the boundaries of the jurisdiction of the local government.
(e) The public utilities commission shall deny any appeal brought under this section unless the public utility or power authority has complied with the notification and consultation requirements of subsection (4) of this section.
(f) The public utilities commission may consult with the department of local affairs on land use issues in connection with any appeal. All information provided by the department of local affairs to the public utilities commission shall be part of the official record of the appeal and shall be subject to cross-examination or comments by the parties to the appeal.
(g) Unless otherwise specified in this subsection (5), the appeal shall be conducted in accordance with article 6 of title 40, C.R.S., including the provisions of section 40-6-116, C.R.S., concerning any stay or suspension of the final determination made by the public utilities commission.
(h) Nothing in this section shall be construed to limit or diminish the right of a public utility, power authority, or local government to appeal a local government, public utility, or power authority action, decision, or determination to a court of law pursuant to any other provision of law, or any appeal brought in connection with any decision by the public utilities commission under this subsection (5). Appeals brought under this paragraph (h) shall be given priority over other pending matters.
er authority, or local government to appeal a local government, public utility, or power authority action, decision, or determination to a court of law pursuant to any other provision of law, or any appeal brought in connection with any decision by the public utilities commission under this subsection (5). Appeals brought under this paragraph (h) shall be given priority over other pending matters.
(i) Nothing in this section shall be construed to limit the authority of a municipal government to require or grant a public utility franchise.
(6) (a) When notifying a local government of its plans to site a new transmission line or expand an existing transmission line under this section, a transmission provider shall also notify the local government of the potential for the construction of a powerline trail in the associated transmission corridor. Any notification under this subsection (6)(a) must include the informational resources developed under section 33-45-103 (2).
(b) A transmission provider is only required to notify a local government of the potential for the construction of a powerline trail under subsection (6)(a) of this section if:
(I) The transmission line will be extended by more than one mile; or
(II) The transmission line capacity will be increased by more than ten percent.
(7) A local government shall expedite, as practicable, its review of a land use application with regard to a proposed project to renovate, rebuild, or recondition a transmission line in accordance with section 40-42-104 (3)(c).
C.R.S. § 29-20-109 Local government regulation of amateur radio antennas
29-20-109. Local government regulation of amateur radio antennas. (1) No local government shall enact or enforce an ordinance or resolution regulating amateur radio antennas that fails to conform to the limited preemption set forth in the memorandum opinion and order PRB-1 entitled "Federal Preemption of State and Local Regulations Pertaining to Amateur Radio Facilities", 101 FCC 2d 952 (1985), issued by the federal communications commission and further codified in 47 CFR 97.15 (b). An ordinance or resolution adopted by a local government that regulates amateur radio antennas shall conform to the limited federal preemption which provides that local government regulations involving the placement, screening, or height of antennas must:
(a) Be based on health, safety, or aesthetic considerations;
(b) Be crafted to reasonably accommodate amateur communications; and
(c) Represent the minimum practicable regulation required to accomplish the local government's legitimate purpose.
C.R.S. § 29-20-110 Local government regulation of pesticide use - definitions
29-20-110. Local government regulation of pesticide use - definitions. (1) A local government that adopts an ordinance that concerns pesticides, including an ordinance adopted pursuant to section 31-15-707 (1)(b), shall file the following with the commissioner of agriculture in accordance with section 35-10-112.5 (4):
(a) A certified copy of the ordinance; and
(b) A map or legal description of the geographic area that the local government intends to regulate under the ordinance.
(2) As used in this section, unless the context otherwise requires:
(a) "Commissioner of agriculture" means the commissioner of the department of agriculture appointed pursuant to section 35-1-107 (1) or the commissioner's designee.
(b) "Pesticide" has the meaning set forth in section 35-10-103 (10).
C.R.S. § 29-20-111 Local government residential occupancy limits - short title - legislative declaration - definition
29-20-111. Local government residential occupancy limits - short title - legislative declaration - definition. (1) The short title of this section is the "HOME (Harmonizing Occupancy Measures Equitably) Act".
(2) The general assembly finds and declares that occupancy limits and the increased availability of housing are matters of mixed statewide and local concern.
(3) A local government shall not limit the number of people who may live together in a single dwelling based on familial relationship. Local governments retain the authority to implement residential occupancy limits based only on:
(a) Demonstrated health and safety standards, such as international building code standards, fire code regulations, or Colorado department of public health and environment wastewater and water quality standards; or
(b) Local, state, federal, or political subdivision affordable housing program guidelines.
(4) As used in this section, "local government" means a home rule or statutory city, home rule or statutory county, town, territorial charter city, or city and county.
C.R.S. § 29-20-201 Legislative declaration
29-20-201. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) The right to own and use private property is a fundamental right, essential to the continued vitality of a democratic society;
(b) Governmental regulation of conduct, while equally essential to public order and the preservation of universally held values, must be carried out in a manner that appropriately balances the needs of the public with the rights and legitimate expectations of the individual; and
(c) This part 2 appropriately and necessarily underscores and reinvigorates the federal constitutional prohibition against taking private property for public use without just compensation and the state constitutional prohibitions against taking or damaging private property for public or private use.
(2) The general assembly further finds and declares that an individual private property owner should not be required, under the guise of police power regulation of the use and development of property, to bear burdens for the public good that should more properly be borne by the public at large.
(3) The general assembly intends, through the adoption of section 29-20-203, to codify certain constitutionally-based standards that have been established and applied by the courts. The fair, consistent, and expeditious adjudication of disputes over land use in state courts in accordance with constitutional standards is a matter of statewide concern.
C.R.S. § 29-20-202 Definitions
29-20-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Land-use approval" means any final action of a local government that has the effect of authorizing the use or development of a particular parcel of real property.
(2) "Local government" has the same meaning as set forth in section 29-20-103 (1.5).
C.R.S. § 29-20-203 Conditions on land-use approvals
29-20-203. Conditions on land-use approvals. (1) In imposing conditions upon the granting of land-use approvals, no local government shall require an owner of private property to dedicate real property to the public, or pay money or provide services to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local government interest, and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of such property. This section shall not apply to any legislatively formulated assessment, fee, or charge that is imposed on a broad class of property owners by a local government.
(1.5) When requiring an owner of private property to dedicate real property to the public, if the subject property does not meet local government standards for dedication as determined by the local government, including dedication to the parks, trails, or open space systems, a local government shall provide the private property owner the option of paying a fee in lieu of dedication.
(2) No local government shall impose any discretionary condition upon a land-use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner.
C.R.S. § 29-20-204 Remedy for enforcement against a private property owner
29-20-204. Remedy for enforcement against a private property owner. (1) (a) Within thirty days after the date of a decision or action of a local government imposing a condition in granting a land-use approval, the owner of such property may notify the local government in writing of an alleged violation of section 29-20-203.
(b) Upon the filing of such written notice, the local government shall inform each member of the governing body in writing that the notice has been filed. The local government shall respond to such notice within thirty days after the date of such notice by informing the property owner whether such application or enforcement will proceed as proposed, will be modified, or will be discontinued. The filing of such notice shall be a condition precedent to the owner's right to proceed under subsection (2) of this section.
(2) (a) Within sixty days after the date the local government is required to respond under paragraph (b) of subsection (1) of this section, the property owner may file a petition in the district court for the judicial district in which the subject property is located seeking relief from the enforcement or application of the local law, regulation, policy, or requirement on the basis of an alleged violation of section 29-20-203. Failure to file such a petition within said sixty-day period shall bar relief under this section.
(b) (I) Within thirty days after service on the local government of a petition pursuant to paragraph (a) of this subsection (2), the local government shall assemble and file with the clerk of the district court all documents in its possession concerning the enforcement or application of the local law, regulation, policy, or requirement, including the record of any hearing or proceeding concerning such enforcement or application. If there are no contested factual issues and if the court determines that the facts as reflected by the documents and record filed are sufficient to determine the case, the court shall proceed to determine the case in the most expeditious manner and shall issue appropriate procedural orders to facilitate such determination.
(II) If there are contested issues of fact, or if the court determines that additional evidence is necessary to determine the case, the court may order the parties to provide such additional facts and information as the court may deem appropriate. The court shall order a hearing as soon as its docket permits to resolve such issues of fact or hear such additional evidence.
(c) When it has been established that a required dedication of real property or payment of money as described in section 29-20-203 (1) has been or will be imposed, the burden shall be upon the local government to establish, based upon substantial evidence appearing in the record, that such dedication or payment is roughly proportional to the impact of the proposed use of the subject property.
(d) In determining whether the property owner should be granted relief from the local government's enforcement or application of the local law, regulation, policy, or requirement, the court shall include the following considerations:
(I) Whether such enforcement or application has been accomplished pursuant to a duly adopted law, regulation, policy, or requirement;
(II) Whether such enforcement or application advances a legitimate local government interest;
(III) Whether any required dedication of real property or payment of money as described in section 29-20-203 (1) required by such enforcement or application is roughly proportional to the impact of the proposed use of the subject property;
(IV) Whether there are adequate legislative standards and criteria to ensure that the local law, regulation, policy, or requirement is rationally and consistently applied.
r any required dedication of real property or payment of money as described in section 29-20-203 (1) required by such enforcement or application is roughly proportional to the impact of the proposed use of the subject property;
(IV) Whether there are adequate legislative standards and criteria to ensure that the local law, regulation, policy, or requirement is rationally and consistently applied.
(e) (I) If the court determines that local government enforcement or application of the local law, regulation, policy, or requirement to a specific parcel does not comply with section 29-20-203, the court shall grant appropriate relief to the property owner under the facts presented. Such relief may include, but shall not be limited to, ordering the local government to modify any required dedication of real property or payment of money as described in section 29-20-203 (1) to make it roughly proportional to the impact of the proposed use of the subject property in a manner consistent with the court's order.
(II) If the court determines that such enforcement or application is not based on a duly adopted law, regulation, policy, or requirement or that there are not adequate standards and criteria to ensure that such enforcement or application is rational and consistent, the court shall invalidate the enforcement or application of the law, regulation, policy, or requirement as applied to the subject property.
(f) In any proceeding under this subsection (2), the court may in its discretion award the prevailing party its costs and reasonable attorney fees.
(3) Nothing in this section shall affect:
(a) The ability to bring an action under any state statute relating to eminent domain or the exercise of eminent domain powers by the state or any local governmental entity in furtherance of section 15 of article II of the state constitution, nor shall these provisions limit any claim for compensation or other relief under any other provision of law prohibiting the taking or damaging of private property for public or private use.
(b) The right of an owner of private property to file an action for judicial review under rule 106 (a)(4) of the Colorado rules of civil procedure; except that, if a claim under this section is not included in such rule 106 (a)(4) action, it may be brought, if at all, only by amendment to the complaint in the rule 106 (a)(4) action. If the local government has answered the rule 106 (a)(4) complaint, the court may not deny amendment of the complaint to add a claim under this section unless the time requirements of paragraph (a) of subsection (2) of this section have not been met.
(4) An owner may proceed with development without prejudice to that owner's right to pursue the remedy provided by this section.
C.R.S. § 29-20-205 Limitation - scope of part
29-20-205. Limitation - scope of part. Nothing in this part 2 shall be construed to affect the expressly granted land-use authority of any local government.
C.R.S. § 29-20-301 Legislative declaration
29-20-301. Legislative declaration. (1) The general assembly:
(a) Finds that, due to the broad regional impact that securing an adequate supply of water to serve proposed land development can have both within and between river basins, it is imperative that local governments be provided with reliable information concerning the adequacy of proposed developments' water supply to inform local governments in the exercise of their discretion in the issuance of development permits;
(b) To that end, declares that while land use and development approval decisions are matters of local concern, the enactment of this part 3, to help ensure the adequacy of water for new developments, is a matter of statewide concern and necessary for the preservation of public health, safety, and welfare and the environment of Colorado;
(c) Finds that it is necessary to clarify that, where a local government makes a determination whether an applicant for a development permit has demonstrated the proposed water supply is adequate to meet the needs of the development in accordance with the requirements of this part 3, the local government, in its sole discretion, not only makes the determination but also possesses the flexibility to determine at which stage in the development permit approval process the determination will be made; and
(d) Further finds that it is also necessary to clarify that the stages of the development permit approval process are any of the applications, or any combination of the applications, specified in section 29-20-103 (1) as determined by the local government, and that none of the stages are intended to constitute separate development permit approval processes for purposes of section 29-20-303.
C.R.S. § 29-20-302 Definitions
29-20-302. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Adequate" means a water supply that will be sufficient for build-out of the proposed development in terms of quality, quantity, dependability, and availability to provide a supply of water for the type of development proposed, and may include reasonable conservation measures and water demand management measures to account for hydrologic variability.
(2) "Water supply entity" means a municipality, county, special district, water conservancy district, water conservation district, water authority, or other public or private water supply company that supplies, distributes, or otherwise provides water at retail.
C.R.S. § 29-20-303 Adequate water supply for development
29-20-303. Adequate water supply for development. (1) A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. A local government shall make such determination only once during the development permit approval process unless the water demands or supply of the specific project for which the development permit is sought are materially changed. A local government shall have the discretion to determine the stage in the development permit approval process at which such determination is made.
(2) Nothing in this part 3 shall be construed to require that the applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application.
C.R.S. § 29-20-304 Water supply requirements
29-20-304. Water supply requirements. (1) Except as specified in subsections (2) and (3) of this section, an applicant for a development permit shall submit estimated water supply requirements for the proposed development in a report prepared by a registered professional engineer or water supply expert acceptable to the local government. The report shall include:
(a) An estimate of the water supply requirements for the proposed development through build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the proposed development;
(c) An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions;
(d) Water conservation measures, if any, that may be implemented within the development;
(e) Water demand management measures, if any, that may be implemented within the development to account for hydrologic variability; and
(f) Such other information as may be required by the local government.
(2) If the development is to be served by a water supply entity, the local government may allow the applicant to submit, in lieu of the report required by subsection (1) of this section, a letter prepared by a registered professional engineer or by a water supply expert from the water supply entity stating whether the water supply entity is willing to commit and its ability to provide an adequate water supply for the proposed development. The water supply entity's engineer or expert shall prepare the letter if so requested by the applicant. At a minimum, the letter shall include:
(a) An estimate of the water supply requirements for the proposed development through build-out conditions;
(b) A description of the physical source of water supply that will be used to serve the proposed development;
(c) An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions;
(d) Water conservation measures, if any, that may be implemented within the proposed development;
(e) Water demand management measures, if any, that may be implemented to address hydrologic variations; and
(f) Such other information as may be required by the local government.
(3) In the alternative, an applicant shall not be required to provide a letter or report identified pursuant to subsections (1) and (2) of this section if the water for the proposed development is to be provided by a water supply entity that has a water supply plan that:
(a) Has been reviewed and updated, if appropriate, within the previous ten years by the governing board of the water supply entity;
(b) Has a minimum twenty-year planning horizon;
(c) Lists the water conservation measures, if any, that may be implemented within the service area;
(d) Lists the water demand management measures, if any, that may be implemented within the development;
(e) Includes a general description of the water supply entity's water obligations;
(f) Includes a general description of the water supply entity's water supplies; and
(g) Is on file with the local government.
C.R.S. § 29-20-305 Determination of adequate water supply
29-20-305. Determination of adequate water supply. (1) The local government's sole determination as to whether an applicant has a water supply that is adequate to meet the water supply requirements of a proposed development shall be based on consideration of the following information:
(a) The documentation required by section 29-20-304;
(b) If requested by the local government, a letter from the state engineer commenting on the documentation required pursuant to section 29-20-304;
(c) Whether the applicant has paid to a water supply entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and
(d) Any other information deemed relevant by the local government to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including, without limitation, any information required to be submitted by the applicant pursuant to applicable local government land use regulations or state statutes.
C.R.S. § 29-20-306 Cluster developments - inapplicability
29-20-306. Cluster developments - inapplicability. Nothing in this part 3 shall be deemed to apply to a rural land use process regarding the approval of a cluster development pursuant to part 4 of article 28 of title 30, C.R.S.
C.R.S. § 29-20-401 Short title
29-20-401. Short title. The short title of this part 4 is the "Renewable Energy Projects Act".
C.R.S. § 29-20-402 Legislative declaration
29-20-402. Legislative declaration. (1) The general assembly finds that:
(a) New renewable energy projects and development of a skilled renewable energy workforce are needed in order to make progress on the state's greenhouse gas emission reduction goals while also protecting public health, safety, welfare, and the environment, including wildlife resources;
(b) The protection of healthy, intact ecosystems results in resilient lands and waters that can be utilized as nature-based solutions to mitigate some impacts of climate change;
(c) Colorado will likely need to triple wind energy capacity and quintuple solar energy capacity by the year 2040 in order to meet the state's greenhouse gas emission reduction goals described in section 25-7-102;
(d) The development of renewable energy resources and transmission will generate cost savings for electricity consumers, provide economic opportunity and workforce development, provide more stable energy prices by reducing dependence on commodities with variable prices, reduce harmful air pollution, improve public health, increase energy security, and bring economic benefits to landowners and local communities; and
(e) There may be opportunities to streamline and expedite permitting of renewable energy projects in strategic areas.
C.R.S. § 29-20-403 Definitions
29-20-403. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Brunot Agreement" means the agreement of September 13, 1873, ratified by act of April 29, 1874, ch. 136, 18 Stat. 36 (1874).
(2) "Brunot area" means the land relinquished and conveyed by the confederated bands of the Ute nation to the United States in the Brunot Agreement and upon which the United States agreed to permit the Ute Indians to hunt "so long as the game lasts and the Indians are at peace with the white people".
(3) "Colorado energy office" or "office" means the Colorado energy office created in section 24-38.5-101.
(4) "Commercial energy storage facility" means commercially available technology that is capable of retaining energy, storing the energy for a period of time, and delivering the energy after storage by chemical means.
(5) "Commercial energy transmission facility" means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of one hundred kilovolts or more.
(6) "Commercial solar energy facility" means any device or assembly of devices that:
(a) Is ground installed;
(b) Has at least five megawatts alternating current of total nameplate generating capacity; and
(c) Uses solar energy to generate electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.
(7) "Commercial wind energy facility" means a wind energy conversion facility with a total nameplate generating capacity of one-half megawatt or greater.
(8) "Division of parks and wildlife" or "division" means the division of parks and wildlife created in section 33-9-104.
(9) "Energy and carbon management commission" means the energy and carbon management commission created in section 34-60-104.3.
(10) "Facility" means:
(a) A commercial wind energy facility;
(b) A commercial solar energy facility; or
(c) A commercial energy storage facility.
(11) "Facility owner" means:
(a) A person with a direct ownership interest in a facility, regardless of whether the person is involved in acquiring rights and permits for the facility or otherwise planning for the construction and operation of the facility; or
(b) During the time a facility is being developed, a person that is acting as a developer of the facility by acquiring necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility.
(12) "High-priority habitat" has the meaning set forth in section 34-60-132.
(13) "Labor organization" means a bona fide labor organization within the meaning of 29 U.S.C. sec. 152 of the federal "National Labor Relations Act", Pub.L. 74-198, that represents or seeks to represent workers engaged in the construction, operations, and maintenance of covered renewable energy projects or working in the supply chain for such projects.
(14) "Local government" means a municipal or county government of a community in which a renewable energy project is proposed to be located.
(15) "Renewable energy project" or "project" means a project to establish a facility.
(16) "Tribal government" means the tribal government of the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe.
C.R.S. § 29-20-404 Technical support for renewable energy projects - duties of energy and carbon management commission - duties of division of parks and wildlife - duties of Colorado energy office - code repository - report - repeal
29-20-404. Technical support for renewable energy projects - duties of energy and carbon management commission - duties of division of parks and wildlife - duties of Colorado energy office - code repository - report - repeal. (1) (a) At the request of a local government or a tribal government, the director of the energy and carbon management commission shall provide technical support to the local government or tribal government concerning:
(I) The development of local codes governing renewable energy projects; or
(II) The review of renewable energy projects for which a local government or a tribal government receives an application for land use approval after June 30, 2024.
(b) When providing technical support as described in subsection (1)(a) of this section, the director of the energy and carbon management commission may collaborate with other state agencies.
(c) In its annual presentation to the legislative committees of reference pursuant to section 2-7-203, the department of natural resources shall include information indicating how many local and tribal governments requested support from the energy and carbon management commission, as described in subsection (1)(a) of this section, during the preceding year.
(2) (a) At the request of a facility owner, local government, or tribal government, the division of parks and wildlife shall provide the facility owner, local government, or tribal government a set of best management practices to avoid, minimize, and mitigate wildlife impacts of renewable energy projects.
(b) The best management practices available at the time of application with a local government or tribal government for land use approval of a renewable energy project may be incorporated into project plans at the discretion of the facility owner.
(c) The best management practices may be considered as conditions of approval by a local government or tribal government with land use authority or regulatory authority over a project for a renewable energy project for which the local government or tribal government receives an application for land use approval after June 30, 2024.
(d) The division of parks and wildlife shall identify high-priority habitats for renewable energy projects based on the best available science and shall update the list of high-priority habitats at least annually and make the list publicly available. A facility owner, local government, or tribal government may consider the high-priority habitats in planning, siting, permitting, and developing renewable energy projects.
(3) On or before June 30, 2025, the Colorado energy office, in cooperation with the department of local affairs and the department of natural resources, shall develop a repository of codes and ordinances that support renewable energy projects and commercial energy transmission facilities for the purpose of providing conceptual frameworks that local governments and tribal governments may consider and adapt to suit local circumstances and address local energy resources.
(4) (a) On or before September 30, 2025, the Colorado energy office shall submit a report to the general assembly. The office shall collaborate with other state agencies, including the department of natural resources, in developing the report. The report must:
(I) Evaluate and assess local government processes for the siting of commercially viable renewable energy projects and commercial energy transmission facilities; and
(II) Evaluate the impact of renewable energy projects and commercial energy transmission facilities on wildlife resources; the use of wildlife mitigation, decommissioning, and community benefit agreements; and the range of fees imposed by local governments.
local government processes for the siting of commercially viable renewable energy projects and commercial energy transmission facilities; and
(II) Evaluate the impact of renewable energy projects and commercial energy transmission facilities on wildlife resources; the use of wildlife mitigation, decommissioning, and community benefit agreements; and the range of fees imposed by local governments.
(b) In preparing the report, the office shall provide opportunities for municipal and county governments; renewable energy project developers; conservation organizations; local stakeholders, including property owners; tribal governments; electric utilities; and labor organizations to provide input and shall allow opportunity for public comment before the final report is completed.
(c) This subsection (4) is repealed, effective July 1, 2026.
C.R.S. § 29-20-405 Consultation with tribal government required - Brunot Agreement of 1874
29-20-405. Consultation with tribal government required - Brunot Agreement of 1874. For renewable energy projects for which a local government receives an application for land use approval after June 30, 2024, a local government shall not grant a development permit for the construction of a facility in any area that is included within the Brunot area unless the local government first consults with the tribal governments of the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe concerning the potential impacts to hunting, fishing, and gathering rights related to the construction of the facility.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-29.docxFetched: 10/6/2026