CO Code § 24-65.1-501 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 65.1 - Areas and Activities of State Interest|Part 5 - Permits for Development in Areas of State Interest and for Conduct of Activities of State Interest|§ 24-65.1-501. Permit for Development in Area of State Interest or to Conduct an Activity of State Interest Required

    Any person desiring to engage in development in an area of state interest or to conduct an activity of state interest shall file an application for a permit with the local government in which such development or activity is to take place. A reasonable fee determined by the local government sufficient to cover the cost of processing the application, including the cost of holding the necessary hearings, shall be paid at the time of filing such application. (1) (a) Any person desiring to engage in development in an area of state interest or to conduct an activity of state interest shall file an application for a permit with the local government in which such development or activity is to take place. A reasonable fee determined by the local government sufficient to cover the cost of processing the application, including the cost of holding the necessary hearings, shall be paid at the time of filing such application.    The requirement of paragraph (a) of this subsection (1) that a public utility obtain a permit shall not be deemed to waive the requirements of article 5 of title 40, C.R.S., that a public utility obtain a certificate of public convenience and necessity.         Not later than thirty days after receipt of an application for a permit, the local government shall publish notice of a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date set for hearing. (2) (a) Not later than thirty days after receipt of an application for a permit, the local government shall publish notice of a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date set for hearing.    If a person proposes to engage in development in an area of state interest or to conduct an activity of state interest not previously designated and for which guidelines have not been adopted, the local government may hold one hearing for determination of designation and guidelines and granting or denying the permit.    The local government may maintain a mailing list and send notice of hearings relating to permits in a manner similar to that described in section 24-65.1-404 (2)(b).       The local government may approve an application for a permit to engage in development in an area of state interest if the proposed development complies with the local government's guidelines and regulations governing such area. If the proposed development does not comply with the guidelines and regulations, the permit shall be denied.    The local government may approve an application for a permit to conduct an activity of state interest if the proposed activity complies with the local government's regulations and guidelines for conduct of such activity. If the proposed activity does not comply with the guidelines and regulations, the permit shall be denied.    The local government conducting a hearing pursuant to this section shall:   State, in writing, reasons for its decision, and its findings and conclusions; and    Preserve a record of such proceedings.       After May 17, 1974, any person desiring to engage in a development in a designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this section may be enjoined by the appropriate local government from engaging in such development or conducting such activity.     Source: L. 74: Entire article added, p. 350, § 1, effective May 17. L. 2005: (1)(a), (2)(a), and (6) amended, p. 668, § 5, effective June 1.   ANNOTATION   Law reviews. For comment, "Regionalism or Parochialism: The Land Use Planner's Dilemma", see 48 U. Colo. L. Rev. 575 (1977).   Permit procedure under this section, which is effectuated by local government regulations, is reasonably designed to achieve the general assembly's power to regulate the manner of effecting an appropriation or diversion of water through legislation. City & County of Denver v. Bd. of County Comm'rs, 760 P.2d 656 (Colo. App. 1988), aff'd, 782 P.2d 753 (Colo. 1989).   If a proposed project fails to satisfy even one criterion contained in the applicable regulations, the permit must be denied. Colo. Springs v. Eagle County Bd. of County Comm'rs, 895 P.2d 1105 (Colo. App. 1994).   Denial of permit applications did not constitute abrogation of cities' home rule powers to operate extraterritorial water works under art. XX, § 1, of the state constitution. Colo. Springs v. Eagle County Bd. of County Comm'rs, 895 P.2d 1105 (Colo. App. 1994).   General assembly intended the permitting process under this section to apply to utility projects that involve designated activities of state interest and § 30-28-110 to apply to any other utility project. Colo. Springs v. Eagle County Bd. of County Comm'rs, 895 P.2d 1105 (Colo. App. 1994).   Applied in C & M Sand & Gravel v. Bd. of County Comm'rs, 673 P.2d 1013 (Colo. App. 1983).