reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › INTERSTATE COMPACTS AND AGREEMENTS (§§ 24-60-101 — 24-62-102) › Article 61 - TAXATION COMPACT BETWEEN THE SOUTHERN UTE INDIAN TRIBE, LA PLATA COUNTY, AND THE STATE OF COLORADO (§§ 24-61-101 — 24-61-202) › Part 2 - TRIBAL PROPERTY IMPACT MITIGATION FUND (§§ 24-61-201 — 24-61-202) › Section 24-61-202 - La Plata county to establish fund - requirements

(1)
The board of county commissioners of La Plata county shall establish a fund to be known as the tribal property impact mitigation fund, referred to in this part 2 as the "impact fund", to which all moneys contributed, transferred, appropriated, or otherwise made available for mitigating the impacts of acquisitions of property by the Southern Ute Indian tribe on local governments pursuant to section 3.02 of the taxation compact between the Southern Ute Indian tribe, La Plata county, and the state of Colorado, as set forth in House Bill 96-1367, enacted at the second regular session of the sixtieth general assembly, shall be deposited.
(2)
Moneys from any source, including but not limited to the state or the United States, may be deposited in the impact fund and released to La Plata county for distribution to taxing authorities within La Plata county to mitigate the revenue impacts addressed in section 3.02 of the taxation compact between the Southern Ute Indian tribe, La Plata county, and the state of Colorado, as set forth in House Bill 96-1367, enacted at the second regular session of the sixtieth general assembly.
(3)
The impact fund shall be under the control of a three-member board comprised of the chairman of the La Plata county board of county commissioners, the chairman of the Southern Ute Indian tribal council, and the governor, or their respective designees.
(4)
Moneys may be distributed from the impact fund upon an affirmative vote of a majority of the members of the board described in subsection (3) of this section and all distributions shall be made in accordance with the direction of said board.
L. 96: Entire part added, p. 1703, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › INTERSTATE COMPACTS AND AGREEMENTS (§§ 24-60-101 — 24-62-102) › Article 62 - Intergovernmental Agreement Between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation (§§ 24-62-101 — 24-62-102) › Section 24-62-102 - Legislative declaration

(1)
The general assembly hereby:
(a)
Finds that sub-section (D) of article VI of the "Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation" originally specified that if federal legislation authorizing the treatment of the tribe as a state for federal "Clean Air Act" purposes was not enacted by December 13, 2002, then the agreement would become null and void;
(b)
Determines that, pursuant to sub-section (B) of article XIII of the agreement, the parties to the agreement modified sub-section (D) of article VI of the agreement in December 2001, December 2002, and December 2003, to extend for one year the deadline for passage of the federal legislation, and the final deadline for such passage according to the agreement as modified is December 13, 2004; and
(c)
Declares that, whereas the federal legislation contemplated by the agreement, "The Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004" (P.L. 108-336), was approved on October 18, 2004, the contingency contemplated by sub-section (D) of article VI of the agreement and section
25-7-1309 (1)(c)
, C.R.S., is moot.
L. 2010: Entire section added, (SB 10 -082), ch. 182, p. 656, § 3, effective April 29.
For the federal "Clean Air Act", see 42 U.S.C. sec. 7401 et seq.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65 - [Repealed] (§ 24-65-101) › Section 24-65-101 - to 24-65-106 - [Repealed]

L. 2005: Entire article repealed, p. 667, § 1, effective June 1.
This article was numbered as article 4 of chapter 106, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 1 - GENERAL PROVISIONS (§§ 24-65.1-101 — 24-65.1-108) › Section 24-65.1-101 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
The protection of the utility, value, and future of all lands within the state, including the public domain as well as privately owned land, is a matter of public interest;
(b)
Adequate information on land use and systematic methods of definition, classification, and utilization thereof are either lacking or not readily available to land use decision makers; and
(c)
It is the intent of the general assembly that land use, land use planning, and quality of development are matters in which the state has responsibility for the health, welfare, and safety of the people of the state and for the protection of the environment of the state.
(2)
It is the purpose of this article that:
(a)
The general assembly shall describe areas which may be of state interest and activities which may be of state interest and establish criteria for the administration of such areas and activities;
(b)
Local governments shall be encouraged to designate areas and activities of state interest and, after such designation, shall administer such areas and activities of state interest and promulgate guidelines for the administration thereof; and
(c)
Appropriate state agencies shall assist local governments to identify, designate, and adopt guidelines for administration of matters of state interest.
L. 74: Entire article added, p. 335, § 1, effective May 17. L. 2005: IP(1) amended, p. 671, § 13, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 1 - GENERAL PROVISIONS (§§ 24-65.1-101 — 24-65.1-108) › Section 24-65.1-102 - General definitions

As used in this article, unless the context otherwise requires:
(1)
"Development" means any construction or activity which changes the basic character or the use of the land on which the construction or activity occurs.
(2)
"Local government" means a municipality or county.
(3)
"Local permit authority" means the governing body of a local government with which an application for development in an area of state interest or for conduct of an activity of state interest must be filed, or the designee thereof.
(4)
"Matter of state interest" means an area of state interest or an activity of state interest or both.
(5)
"Municipality" means a home rule or statutory city, town, or city and county or a territorial charter city.
(6)
"Person" means any individual, limited liability company, partnership, corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state.
L. 74: Entire article added, p. 336, § 1, effective May 17. L. 90: (6) amended, p. 449, § 19, effective April 18.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 1 - GENERAL PROVISIONS (§§ 24-65.1-101 — 24-65.1-108) › Section 24-65.1-105 - Effect of article - public utilities

(1)
With regard to public utilities, nothing in this article shall be construed as enhancing or diminishing the power and authority of municipalities, counties, or the public utilities commission. Any order, rule, or directive issued by any governmental agency pursuant to this article shall not be inconsistent with or in contravention of any decision, order, or finding of the public utilities commission with respect to public convenience and necessity. The public utilities commission and public utilities shall take into consideration and, when feasible, foster compliance with adopted land use master plans of local governments, regions, and the state.
(2)
Nothing in this article shall be construed as enhancing or diminishing the rights and procedures with respect to the power of a public utility to acquire property and rights-of-way by eminent domain to serve public need in the most economical and expedient manner.
L. 74: Entire article added, p. 339, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 1 - GENERAL PROVISIONS (§§ 24-65.1-101 — 24-65.1-108) › Section 24-65.1-106 - Effect of article - rights of property owners - water rights

(1)
Nothing in this article shall be construed as:
(a)
Enhancing or diminishing the rights of owners of property as provided by the state constitution or the constitution of the United States;
(b)
Modifying or amending existing laws or court decrees with respect to the determination and administration of water rights.
L. 74: Entire article added, p. 340, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 1 - GENERAL PROVISIONS (§§ 24-65.1-101 — 24-65.1-108) › Section 24-65.1-107 - Effect of article - developments in areas of state interest and activities of state interest meeting certain conditions

(1)
This article shall not apply to any development in an area of state interest or any activity of state interest which meets any one of the following conditions as of May 17, 1974:
(a)
The development or activity is covered by a current building permit issued by the appropriate local government; or
(b)
The development or activity has been approved by the electorate; or
(c)
The development or activity is to be on land:
(I)
Which has been conditionally or finally approved by the appropriate local government for planned unit development or for a use substantially the same as planned unit development; or
(II)
Which has been zoned by the appropriate local government for the use contemplated by such development or activity; or
(III)
With respect to which a development plan has been conditionally or finally approved by the appropriate governmental authority.
L. 74: Entire article added, p. 340, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 2 - AREAS AND ACTIVITIES DESCRIBED - CRITERIA FOR ADMINISTRATION (§§ 24-65.1-201 — 24-65.1-204) › Section 24-65.1-201 - Areas of state interest as determined by local governments

(1)
Subject to the procedures set forth in part 4 of this article, a local government may designate certain areas of state interest from among the following:
(a)
Mineral resource areas;
(b)
Natural hazard areas;
(c)
Areas containing, or having a significant impact upon, historical, natural, or archaeological resources of statewide importance; and
(d)
Areas around key facilities in which development may have a material effect upon the key facility or the surrounding community.
L. 74: Entire article added, p. 341, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 2 - AREAS AND ACTIVITIES DESCRIBED - CRITERIA FOR ADMINISTRATION (§§ 24-65.1-201 — 24-65.1-204) › Section 24-65.1-203 - Activities of state interest as determined by local governments

(1)
Subject to the procedures set forth in part 4 of this article, a local government may designate certain activities of state interest from among the following:
(a)
Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems;
(b)
Site selection and development of solid waste disposal sites except those sites specified in section
25-11-203 (1)
, C.R.S., sites designated pursuant to part 3 of article
11
of title
25
, C.R.S., and hazardous waste disposal sites, as defined in section
25-15-200.3
, C.R.S.;
(c)
Site selection of airports;
(d)
Site selection of rapid or mass transit terminals, stations, and fixed guideways;
(e)
Site selection of arterial highways and interchanges and collector highways;
(f)
Site selection and construction of major facilities of a public utility;
(g)
Site selection and development of new communities;
(h)
Efficient utilization of municipal and industrial water projects;
(i)
Conduct of nuclear detonations; and
(j)
The use of geothermal resources for the commercial production of electricity.
L. 74: Entire article added, p. 344, § 1, effective May 17. L. 79: (1)(b) amended, p. 1067, § 9, effective June 15; (1)(b) amended, p. 1070, § 2, effective 1/1/1980. L. 83: (1)(b) amended, p. 1105, § 26, effective June 3. L. 2010: (1)(j) added, (SB 10 -174), ch. 189, p. 810, § 2, effective August 11.
Amendments to subsection (1)(b) by Senate Bill 79-335 and House Bill 79-1156 were harmonized, effective January 1, 1980.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 3 - LEVELS OF GOVERNMENT INVOLVED AND THEIR FUNCTIONS (§§ 24-65.1-301 — 24-65.1-302) › Section 24-65.1-301 - Functions of local government

(1)
Pursuant to this article, it is the function of local government to:
(a)
Designate matters of state interest after public hearing, taking into consideration:
(I)
The intensity of current and foreseeable development pressures; and
(II)
Applicable guidelines for designation issued by the applicable state agencies;
(b)
Hold hearings on applications for permits for development in areas of state interest and for activities of state interest;
(c)
Grant or deny applications for permits for development in areas of state interest and for activities of state interest;
(d)
Receive recommendations from state agencies and other local governments relating to matters of state interest;
(e)
Send recommendations to other local governments relating to matters of state interest.
(f)
(Deleted by amendment, L. 2005, p. 667, § 2, effective June 1, 2005.)
L. 74: Entire article added, p. 346, § 1, effective May 17. L. 2005: (1)(e) and (1)(f) amended, p. 667, § 2, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 3 - LEVELS OF GOVERNMENT INVOLVED AND THEIR FUNCTIONS (§§ 24-65.1-301 — 24-65.1-302) › Section 24-65.1-302 - Functions of other state agencies

(1)
Pursuant to this article, it is the function of other state agencies to:
(a)
Send recommendations to local governments relating to designation of matters of state interest on the basis of current and developing information; and
(b)
Provide technical assistance to local governments concerning designation of and guidelines for matters of state interest.
(2)
Primary responsibility for the recommendation and provision of technical assistance functions described in subsection (1) of this section is upon:
(a)
The Colorado water conservation board, acting in cooperation with the Colorado conservation board, with regard to floodplains;
(b)
The Colorado state forest service, with regard to wildfire hazard areas;
(c)
The Colorado geological survey, with regard to geologic hazard areas, geologic reports, and the identification of mineral resource areas;
(d)
The division of reclamation, mining, and safety, with regard to mineral extraction and the reclamation of land disturbed thereby;
(e)
The Colorado conservation board and conservation districts, with regard to resource data inventories, soils, soil suitability, erosion and sedimentation, floodwater problems, and watershed protection; and
(f)
The division of parks and wildlife of the department of natural resources, with regard to significant wildlife habitats.
(3)
Repealed.
Amended by 2019 Ch. 120, § 2, eff. 4/16/2019.
L. 74: Entire article added, p. 346, § 1, effective May 17. L. 92: (2)(d) amended, p. 1970, § 74, effective July 1. L. 2002: (2)(a) and (2)(e) amended, p. 514, § 4, effective July 1. L. 2005: (1)(a) amended, p. 667, § 3, effective June 1. L. 2006: (2)(d) amended, p. 213, § 4, effective August 7. L. 2019: (3) repealed, (SB 19-181), ch. 502, p. 502, § 2, effective April 16.
Section 19 of chapter 120 (SB 19-181), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after April 16, 2019, including determinations of applications pending on April 16, 2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 4 - DESIGNATION OF MATTERS OF STATE INTEREST - GUIDELINES FOR ADMINISTRATION (§§ 24-65.1-401 — 24-65.1-407) › Section 24-65.1-401 - Designation of matters of state interest

(1)
After public hearing, a local government may designate matters of state interest within its jurisdiction, taking into consideration:
(a)
The intensity of current and foreseeable development pressures.
(b)
Repealed.
(2)
A designation shall:
(a)
Specify the boundaries of the proposed area; and
(b)
State reasons why the particular area or activity is of state interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner.
L. 74: Entire section added, p. 347, § 1, effective May 17. L. 2005: (1)(b) repealed, p. 667, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 4 - DESIGNATION OF MATTERS OF STATE INTEREST - GUIDELINES FOR ADMINISTRATION (§§ 24-65.1-401 — 24-65.1-407) › Section 24-65.1-402 - Guidelines - regulations

(1)
The local government shall develop guidelines for administration of the designated matters of state interest. The content of such guidelines shall be such as to facilitate administration of matters of state interest consistent with sections
24-65.1-202
and
24-65.1-204
.
(2)
A local government may adopt regulations interpreting and applying its adopted guidelines in relation to specific developments in areas of state interest and to specific activities of state interest.
(3)
No provision in this article shall be construed as prohibiting a local government from adopting guidelines or regulations containing requirements which are more stringent than the requirements of the criteria listed in sections
24-65.1-202
and
24-65.1-204
.
L. 74: Entire article added, p. 347, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 4 - DESIGNATION OF MATTERS OF STATE INTEREST - GUIDELINES FOR ADMINISTRATION (§§ 24-65.1-401 — 24-65.1-407) › Section 24-65.1-403 - Technical and financial assistance

(1)
Appropriate state agencies shall provide technical assistance to local governments in order to assist local governments in designating matters of state interest and adopting guidelines for the administration thereof.
(2)
(a)
The department of local affairs shall oversee and coordinate the provision of technical assistance and provide financial assistance as may be authorized by law.
(b)
The department of local affairs shall determine whether technical or financial assistance or both are to be given to a local government on the basis of the local government's:
(I)
Showing that current or reasonably foreseeable development pressures exist within the local government's jurisdiction; and
(II)
Plan describing the proposed use of technical assistance and expenditure of financial assistance.
(3)
(a)
Any local government applying for federal or state financial assistance for floodplain studies shall provide prior notification to the Colorado water conservation board. The board shall coordinate and prescribe the standards for all floodplain studies conducted pursuant to this article, including those conducted by federal, local, or other state agencies, to the end that reasonably uniform standards can be applied to the identification and designation of all floodplains within the state and to minimize duplication of effort.
(b)
No floodplains shall be designated by any local government until such designation has been first approved by the Colorado water conservation board as provided in sections
30-28-111
and
31-23-301
, C.R.S.
L. 74: Entire article added, p. 347, § 1, effective May 17. L. 77: (3) added, p. 1241, § 1, effective June 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 4 - DESIGNATION OF MATTERS OF STATE INTEREST - GUIDELINES FOR ADMINISTRATION (§§ 24-65.1-401 — 24-65.1-407) › Section 24-65.1-404 - Public hearing - designation of an area or activity of state interest and adoption of guidelines by order of local government

(1)
The local government shall hold a public hearing before designating an area or activity of state interest and adopting guidelines for administration thereof.
(2)
(a)
Notice, stating the time and place of the hearing and the place at which materials relating to the matter to be designated and guidelines may be examined, shall be published once at least thirty days and not more than sixty days before the public hearing in a newspaper of general circulation in the county.
(b)
Any person may request, in writing, that his name and address be placed on a mailing list to receive notice of all hearings held pursuant to this section. If the local government decides to maintain such a mailing list, it shall mail notices to each person paying an annual fee reasonably related to the cost of production, handling, and mailing of such notice. In order to have his name and address retained on said mailing list, the person shall resubmit his name and address and pay such fee before January 31 of each year.
(3)
Within thirty days after completion of the public hearing, the local government, by order, may adopt, adopt with modification, or reject the particular designation and guidelines; but the local government, in any case, shall have the duty to designate any matter which has been finally determined to be a matter of state interest and adopt guidelines for the administration thereof.
(4)
After a matter of state interest is designated pursuant to this section, no person shall engage in development in such area, and no such activity shall be conducted until the designation and guidelines for such area or activity are finally determined pursuant to this article.
(5)
(Deleted by amendment, L. 2005, p. 668, § 4, effective June 1, 2005.)
L. 74: Entire article added, p. 348, § 1, effective May 17. L. 2005: (2)(a) and (5) amended, p. 668, § 4, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 4 - DESIGNATION OF MATTERS OF STATE INTEREST - GUIDELINES FOR ADMINISTRATION (§§ 24-65.1-401 — 24-65.1-407) › Section 24-65.1-405 - [Repealed]

L. 74: Entire article added, p. 348, § 1, effective May 17. L. 2005: Entire section repealed, p. 667, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 4 - DESIGNATION OF MATTERS OF STATE INTEREST - GUIDELINES FOR ADMINISTRATION (§§ 24-65.1-401 — 24-65.1-407) › Section 24-65.1-406 - [Repealed]

L. 74: Entire article added, p. 349, § 1, effective May 17. L. 2005: Entire section repealed, p. 667, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 4 - DESIGNATION OF MATTERS OF STATE INTEREST - GUIDELINES FOR ADMINISTRATION (§§ 24-65.1-401 — 24-65.1-407) › Section 24-65.1-407 - [Repealed]

L. 74: Entire article added, p. 349, § 1, effective May 17. L. 2005: Entire section repealed, p. 667, § 1, effective June 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.1 - Areas and Activities of State Interest (§§ 24-65.1-101 — 24-65.1-502) › Part 5 - PERMITS FOR DEVELOPMENT IN AREAS OF STATE INTEREST AND FOR CONDUCT OF ACTIVITIES OF STATE INTEREST (§§ 24-65.1-501 — 24-65.1-502) › Section 24-65.1-502 - Judicial review

The denial of a permit by a local government agency shall be subject to judicial review in the district court for the judicial district in which the major development or activity is to occur.
L. 74: Entire article added, p. 351, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.5 - Notification of Surface Development (§§ 24-65.5-101 — 24-65.5-105) › Section 24-65.5-101 - Legislative declaration - intent

The general assembly recognizes that the surface estate and the mineral estate are separate and distinct interests in real property and that one may be severed from the other. It is the intent of the general assembly that this article provide a streamlined procedure for providing notice to owners of mineral interests concerning impending surface development and to facilitate the negotiation of a surface use agreement providing for the joint use of the surface and a mechanism for resolution if an agreement is not reached. Further, it is the intent of the general assembly to include local governments in this process without creating additional liabilities for local governments.
L. 2001: Entire article added, p. 486, § 2, effective July 1. L. 2007: Entire section amended, p. 2111, § 1, effective August 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.5 - Notification of Surface Development (§§ 24-65.5-101 — 24-65.5-105) › Section 24-65.5-103.3 - Local government approval

(1)
A local government shall, as a condition of final approval of an application for development, require the applicant to certify:
(a)
That notice has been provided to mineral estate owners pursuant to section
24-65.5-103
; and
(b)
With respect to qualifying surface developments, that either:
(I)
No mineral estate owner has entered an appearance or filed an objection to the proposed application for development within thirty days after the initial public hearing on the application;
(II)
The applicant and any mineral estate owners who have filed an objection to the proposed application for development or have otherwise filed an entry of appearance in the initial public hearing regarding such application no later than thirty days following the initial public hearing on the application have executed a surface use agreement related to the property included in the application for development, the provisions of which have been incorporated into the application for development or are evidenced by a memorandum or otherwise recorded in the records of the clerk and recorder of the county in which the property is located so as to provide notice to transferees of the applicant, who shall be bound by such surface use agreements; or
(III)
The application for development provides:
(A)
Access to mineral operations, surface facilities, flowlines, and pipelines in support of such operations existing when the final public hearing on the application for development is held by means of public roads sufficient to withstand trucks and drilling equipment or thirty-foot-wide access easements;
(B)
An oil and gas operations area and existing wellsite locations in accordance with section
24-65.5-103.5
; and
(C)
That the deposit for incremental drilling costs described in section
24-65.5-103.7
has been made.
(2)
A local government approval of an application for development without the certification required by subsection (1) of this section when a mineral owner has timely entered an appearance or filed an objection shall be suspended and shall not constitute a valid final approval until the required certification is provided, any required local government proceedings following notice to affected mineral estate owners are held, and the local government approval is confirmed, amended, or revoked in response to the certification.
L. 2007: Entire section added, p. 2115, § 4, effective August 3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 65.5 - Notification of Surface Development (§§ 24-65.5-101 — 24-65.5-105) › Section 24-65.5-105 - Authority - local government - commission

Nothing in this article shall establish, alter, impair, or negate the authority of local governments related to oil and gas operations or the authority of the commission to regulate in accordance with this article or any rules promulgated pursuant to this article.
L. 2007: Entire section added, p. 2121, § 6, effective August 3. L. 2008: Entire section amended, p. 1082, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 66 - [Repealed] (§ 24-66-101) › Section 24-66-101 - to 24-66-104 - [Repealed]

L. 2005: Entire article repealed, p. 667, § 1, effective June 1.
This article was numbered as article 5 of chapter 106, C.R.S. 1963, and was not amended prior to its repeal in 2005. For the text of this article, consult the 2004 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 67 - PLANNED UNIT DEVELOPMENT ACT OF 1972 (§§ 24-67-101 — 24-67-108) › Section 24-67-101 - Short title

This article shall be known and may be cited as the "Planned Unit Development Act of 1972".
L. 72: p. 508, § 1. C.R.S. 1963: § 106-6-1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 67 - PLANNED UNIT DEVELOPMENT ACT OF 1972 (§§ 24-67-101 — 24-67-108) › Section 24-67-102 - Legislative declaration

(1)
In order that the public health, safety, integrity, and general welfare may be furthered in an era of increasing urbanization and of growing demand for housing of all types and design, the powers set forth in this article are granted to all counties and municipalities for the following purposes:
(a)
To provide for necessary commercial, recreational, and educational facilities conveniently located to such housing;
(b)
To provide for well-located, clean, safe, and pleasant industrial sites involving a minimum of strain on transportation facilities;
(c)
To ensure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot-by-lot development in a manner which would distort the objectives of the zoning laws;
(d)
To encourage innovations in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings;
(e)
To encourage a more efficient use of land and of public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that resulting economies may enure to the benefit of those who need homes;
(f)
To lessen the burden of traffic on streets and highways;
(g)
To encourage the building of new towns incorporating the best features of modern design;
(h)
To conserve the value of the land;
(i)
To provide a procedure which can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics; and
(j)
To encourage integrated planning in order to achieve the above purposes.
L. 72: p. 508, § 1. C.R.S. 1963: § 106-6-2.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 67 - PLANNED UNIT DEVELOPMENT ACT OF 1972 (§§ 24-67-101 — 24-67-108) › Section 24-67-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Common open space" means a parcel of land, an area of water, or a combination of land and water within the site designated for a planned unit development designed and intended primarily for the use or enjoyment of residents, occupants, and owners of the planned unit development.
(2)
"Plan" means the provisions for development of a planned unit development, which may include, and need not be limited to, easements, covenants, and restrictions relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, utilities, private and public streets, ways, roads, pedestrian areas, and parking facilities, common open space, and other public facilities. "Provisions of the plan" means the written and graphic materials referred to in this definition.
(3)
"Planned unit development" means an area of land, controlled by one or more landowners, to be developed under unified control or unified plan of development for a number of dwelling units, commercial, educational, recreational, or industrial uses, or any combination of the foregoing, the plan for which does not correspond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regulations.
L. 72: p. 509, § 1. C.R.S. 1963: § 106-6-3.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 67 - PLANNED UNIT DEVELOPMENT ACT OF 1972 (§§ 24-67-101 — 24-67-108) › Section 24-67-104 - Implementation of article

(1)
Any county with respect to territory within the unincorporated portion of the county or any municipality with respect to territory within its corporate limits may authorize planned unit developments by enacting a resolution or ordinance which:
(a)
Refers to this article;
(b)
Includes a statement of objectives of development;
(c)
Designates the board, which may be a commission, board, or the governing body of the county or municipality, authorized to review planned unit development applications as set forth in this article;
(d)
Sets forth standards of development consistent with the provisions of section
24-67-105
;
(e)
Sets forth the procedures pertaining to the application for, hearing on, and tentative and final approval of a planned unit development which shall afford procedural due process to interested parties. The resolution or ordinance shall establish maximum time periods within which any application shall be reviewed and approved, disapproved, or conditionally approved. At least one public hearing shall be held by the board designated pursuant to paragraph (c) of this subsection (1) prior to approval, disapproval, or conditional approval of a planned unit development. Public notice of the public hearing shall be given in the manner prescribed by section
30-28-116
or
31-23-304
, C.R.S., whichever is applicable, for the amendment of zoning resolutions and ordinances. Written notice of the public hearing shall be delivered or mailed, first-class postage prepaid, at least fifteen days prior to the public hearing to adjoining landowners.
(f)
Requires a finding by the county or municipality that such plan is in general conformity with any master plan or comprehensive plan for the county or municipality.
(2)
The enactment of the resolution or ordinance provided for in this section and the enactment of any amendment thereto shall be in accordance with the procedures required for the adoption of an amendment to a zoning resolution or ordinance as prescribed by section
30-28-116
or
31-23-305
, C.R.S., whichever is applicable.
L. 72: p. 509, § 1. C.R.S. 1963: § 106-6-4. L. 75: (1)(e) and (2) amended, p. 1270, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 67 - PLANNED UNIT DEVELOPMENT ACT OF 1972 (§§ 24-67-101 — 24-67-108) › Section 24-67-105.5 - Review of planned unit development

(1)
The county planning commission or governing body may request redesign of all or any portion of a planned unit development submitted for approval, but any such request shall include specific, objective criteria. If the applicant redesigns the planned unit development in accordance with the request, no further redesign shall be required unless necessary to comply with a duly adopted county resolution, ordinance, or regulation.
(2)
Nothing in this section shall be construed to preclude a county from taking any action permitted by law based on the consideration of the rights and privileges of the owners of subsurface mineral interests and their lessees pursuant to section
30-28-133 (10)
, C.R.S.
(3)
Any required public hearing on any planned unit development shall be conducted expeditiously and concluded when all those present and wishing to testify have done so. No public hearing shall continue for more than forty days from the date of commencement without the written consent of the applicant. Any continuation of a public hearing shall be to a date certain.
(4)
Unless withdrawn by the applicant, any planned unit development that has been neither approved, conditionally approved, nor denied within a time certain mutually agreed to by the county and the applicant at the time of filing shall be deemed approved. Such time period may be extended by the county to receive a recommendation from an agency to which a planned unit development was referred, but such extension shall not exceed thirty days unless the agency has notified the county that it will require additional time to complete its recommendation.
(5)
Any requirement set forth in this section may be waived in writing by the applicant.
L. 96: Entire section added, p. 1838, § 2, effective June 5.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 67 - PLANNED UNIT DEVELOPMENT ACT OF 1972 (§§ 24-67-101 — 24-67-108) › Section 24-67-107 - Application and construction of article

(1)
The provisions of this article shall apply to home rule municipalities unless superseded by charter or ordinance enactment.
(2)
Any county or municipality which has enacted, prior to May 21, 1972, a resolution or ordinance providing for planned unit developments may continue to follow the provisions established therein, and any amendments thereto in lieu of electing to follow the provisions of this article.
(3)
Nothing in this article shall be construed to impair, affect, or invalidate any rights vested in connection with planned unit developments for which applications were filed prior to May 21, 1972.
(4)
Nothing in this article shall be construed to waive the requirements for substantial compliance by counties and municipalities with the subdivision requirements of part 1 of article
28
of title
30
and part 2 of article
23
of title
31
, C.R.S., respectively, and appropriate regulations promulgated thereunder. Counties and municipalities, including home rule cities, shall comply with the requirements of article
65.5
of this title. Subdivision regulations applicable to planned unit developments may differ from those otherwise applicable. In order to facilitate processing of applications, however, a county or municipality, pursuant to resolution or ordinance, may provide for concurrent or simultaneous processing of planned unit development and subdivision applications.
(5)
No county or municipality shall adopt pursuant to this article any resolution or ordinance which limits development exclusively to planned unit development districts.
(6)
This article shall be liberally construed in furtherance of the purposes of this article and to the end that counties and municipalities shall be encouraged to utilize planned unit developments. Enactment of this article by the general assembly is declared to be for the purpose of supplementing the provisions of part 1 of article
28
of title
30
and article
23
of title
31
, C.R.S., as the same relate to and authorize planned unit developments.
L. 72: p. 513, § 1. C.R.S. 1963: § 106-6-7. L. 75: (4) amended, p. 1271, § 8, effective July 1. L. 2001: (4) amended, p. 490, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 67 - PLANNED UNIT DEVELOPMENT ACT OF 1972 (§§ 24-67-101 — 24-67-108) › Section 24-67-108 - Model resolutions - subdivisions - improvement notices

The department of local affairs shall develop model resolutions and ordinances to serve as guidelines for counties and municipalities in enacting enabling resolutions and ordinances pursuant to this article.
L. 72: p. 513, § 1. C.R.S. 1963: § 106-6-8.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 68 - Vested Property Rights (§§ 24-68-101 — 24-68-106) › Section 24-68-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
It is necessary and desirable, as a matter of public policy, to provide for the establishment of vested property rights in order to ensure reasonable certainty, stability, and fairness in the land use planning process and in order to stimulate economic growth, secure the reasonable investment-backed expectations of landowners, and foster cooperation between the public and private sectors in the area of land use planning.
(b)
The ability of a landowner to obtain a vested property right after local governmental approval of a site specific development plan will preserve the prerogatives and authority of local government with respect to land use matters, while promoting those areas of statewide concern described in paragraph (a) of this subsection (1).
(c)
The establishment of vested property rights will promote the goals specified in this subsection (1) in a manner consistent with section 3 of article II of the state constitution, which guarantees to each person the inalienable right to acquire, possess, and protect property, and is therefore declared to be a matter of statewide concern.
L. 87: Entire article added, p. 1837, § 1, effective 1/1/1988.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 68 - Vested Property Rights (§§ 24-68-101 — 24-68-106) › Section 24-68-102.5 - Applications - approval by local government

(1)
Except as otherwise provided in subsection (2) of this section, an application for approval of a site specific development plan as well as the approval, conditional approval, or denial of approval of the plan shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to a local government. For purposes of this section, "laws and regulations" includes any zoning law of general applicability adopted by a local government as well as any zoning or development regulations that have previously been adopted for the particular parcel described in the plan and that remain in effect at the time of the application for approval of the plan.
(2)
Notwithstanding the limitations contained in subsection (1) of this section, a local government may adopt a new or amended law or regulation when necessary for the immediate preservation of public health and safety and may enforce such law or regulation in relation to applications pending at the time such law or regulation is adopted.
L. 99: Entire section added, p. 861, § 2, effective May 24.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PLANNING - STATE (§§ 24-65-101 — 24-68-106) › Article 68 - Vested Property Rights (§§ 24-68-101 — 24-68-106) › Section 24-68-103 - Vested property right - establishment - waiver

(1)
(a)
Each local government shall specifically identify, by ordinance or resolution, the type or types of site specific development plan approvals within the local government's jurisdiction that will cause property rights to vest as provided in this article. Any such ordinance or resolution shall be consistent with the provisions of this article. Effective January 1, 2000, if a local government has not adopted an ordinance or resolution pursuant to section
24-68-102 (4)
specifying what constitutes a site specific development plan that would trigger a vested property right, then rights shall vest upon the approval of any plan, plat, drawing, or sketch, however denominated, that is substantially similar to any plan, plat, drawing, or sketch listed in section
24-68-102 (4)
.
(b)
A vested property right shall be deemed established with respect to any property upon the approval, or conditional approval, of a site specific development plan, following notice and public hearing, by the local government in which the property is situated.
(c)
A vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan including any amendments thereto. A local government may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights. A site specific development plan shall be deemed approved upon the effective date of the local government legal action, resolution, or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the jurisdiction of the local government granting the approval, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this article. Such publication shall occur no later than fourteen days following approval.
(2)
Zoning that is not part of a site specific development plan shall not result in the creation of vested property rights.
L. 87: Entire article added, p. 1838, § 1, effective 1/1/1988. L. 99: (1) amended, p. 861, § 3, effective May 24.