reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › PROPERTY INSURANCE (§§ 29-13-101 — 29-13-103) › Article 13 - LOCAL GOVERNMENTS - AUTHORITY TO INSURE PROPERTY (§§ 29-13-101 — 29-13-103) › Section 29-13-101 - Insurance on property of local governments

(1)
Any unit of local government, which for purposes of this article includes counties, municipalities, school and special districts, and every other type of local government having the power to own property and impose taxes, may insure its property against all types of risk of loss for which such insurance may be procured from insurance companies authorized to do such business in this state.
(2)
The insurance authorized by subsection (1) of this section may be provided by:
(a)
Self-insurance, which may be funded by appropriations to establish or maintain reserves for self-insurance purposes;
(b)
An insurance company authorized to do business in this state which meets all of the requirements of the division of insurance for that purpose;
(c)
A combination of the methods of obtaining insurance authorized in paragraphs (a) and (b) of this subsection (2).
(3)
A unit of local government other than a school district may establish and maintain an insurance reserve fund for self-insurance purposes and may include in the annual tax levy of the local government such amounts as are determined by its governing body to be necessary for the uses and purposes of the insurance reserve fund, subject to the limitations imposed by section
29-1-301
. In the event that a local government has no annual tax levy, it may appropriate from any unexpended balance in the general fund such amounts as the governing body shall deem necessary for the purposes and uses of the insurance reserve fund. A school district shall establish and maintain an insurance reserve fund in accordance with the provisions of section
22-45-103(1)(e)
, C.R.S., using moneys allocated thereto pursuant to the provisions of section
22-54-105(2)
, C.R.S. The fund established pursuant to this subsection (3) shall be kept separate and apart from all other funds and shall be used only for the payment of loss of or damage to the property of the unit of local government or to secure and pay for premiums on insurance as provided in this article.
L. 79: Entire article added, p. 1131, § 1, effective May 25. L. 88: (3) amended, p. 823, § 34, effective May 24. L. 94: (3) amended, p. 823, § 52, effective April 27.
For authority of a public entity other than the state to establish and maintain an insurance reserve fund for self-insurance purposes, see also § 24-10-115.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › PROPERTY INSURANCE (§§ 29-13-101 — 29-13-103) › Article 13 - LOCAL GOVERNMENTS - AUTHORITY TO INSURE PROPERTY (§§ 29-13-101 — 29-13-103) › Section 29-13-103 - Grounds and procedure for suspension or revocation of certificate

(1)
The certificate of authority issued to a unit of local government under this article may be revoked or suspended by the commissioner of insurance for any of the following reasons:
(a)
Insolvency or impairment;
(b)
Refusal or failure to submit an annual report as required by section
29-13-102(4)
;
(c)
Failure to comply with the provisions of its own ordinances, resolutions, contracts, or other conditions relating to the self-insurance pool;
(d)
Failure to submit to examination or any legal obligation relative thereto;
(e)
Refusal to pay the cost of examination as required by section
29-13-102(3)
;
(f)
Use of methods which, although not otherwise specifically proscribed by law, nevertheless render the operation of the self-insurance pool hazardous, or its condition unsound, to the public;
(g)
Failure to otherwise comply with the law of this state, if such failure renders the operation of the self-insurance pool hazardous to the public.
(2)
If the commissioner of insurance finds upon examination, hearing, or other evidence that any unit of local government has committed any of the acts specified in subsection (1) of this section or any act otherwise prohibited in this article, the commissioner may suspend or revoke such certificate of authority if he deems it in the best interest of the public. Notice of any revocation shall be published in one or more daily newspapers in Denver which have a general state circulation. Before suspending or revoking any certificate of authority of a unit of local government, the commissioner shall grant the unit of local government fifteen days in which to show cause why such action should not be taken.
L. 79: Entire article added, p. 1133, § 1, effective May 25.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-101 - Short title

This article shall be known and may be cited as the "Bond Anticipation Note Act".
L. 81: Entire article added, p. 1419, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-102 - Legislative declaration

The general assembly hereby declares that the issuance of bond anticipation notes by any public body as defined in section
29-14-103(6)
, when advantageous to the public body or the citizens thereof, will serve a public use and will promote the health, safety, security, and general welfare of the citizens thereof and of the people of the state of Colorado.
L. 81: Entire article added, p. 1419, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Bond" means any bond, debenture, or other obligation authorized to be issued by a public body pursuant to any provision of law of the state.
(2)
"Bond anticipation note" means any note, interim debenture, or other security evidencing an obligation and issued pursuant to this article.
(3)
"Governing body" means a city council, board of trustees, commission, board of county commissioners, board of directors, or other legislative body of a public body in which the legislative powers of such public body are vested.
(4)
"Indebtedness" means any bond issued by a public body pursuant to any law of this state which constitutes a debt for the purposes of section 6 of article XI of the state constitution, and the issuance of which must be submitted to a vote of the qualified electors of such public body pursuant to said section.
(5)
"Legislative act" means an ordinance adopted by a governing body of a municipality or a resolution adopted by a governing body of any other public body.
(6)
"Public body" means any county; any municipality as defined by section
31-1-101(6)
, C.R.S.; any school district; any special district as defined in section
32-1-103(20)
, C.R.S.; and any water conservancy district, city housing authority, county housing authority, urban renewal agency, downtown development authority, or community redevelopment agency, any corporate authority, any corporate commission, or any other political subdivision of this state constituting a body corporate.
L. 81: Entire article added, p. 1419, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-104 - Issuance of bond anticipation notes

(1)
Any public body may issue from time to time its bond anticipation notes for any purposes lawfully authorized to be undertaken by such public body or to redeem outstanding bond anticipation notes. Such bond anticipation notes shall be issued in anticipation of the issuance of bonds by the public body.
(2)
Except as provided in this article, the bond anticipation notes shall be issued pursuant to the provisions of law which govern the issuance of the bonds in anticipation of which the bond anticipation notes are being issued.
(3)
Bond anticipation notes issued pursuant to this article shall be payable from the proceeds of the sale of additional bond anticipation notes or from the proceeds of the sale of the bonds of the public body or other moneys of the public body legally available for such purpose.
L. 81: Entire article added, p. 1420, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-105 - Bond anticipation note details

(1)
Any bond anticipation notes may mature at such time not exceeding a period of time equal to the estimated time needed to effect the purpose for which they are issued, but not exceeding five years from the date or respective dates of the bond anticipation notes, as the governing body may determine. Bond anticipation notes may be issued in such denominations as determined by the governing body.
(2)
The interest rate per annum on the bond anticipation notes shall be stated in the legislative act authorizing the issuance of the bond anticipation notes. Said interest rate may be evidenced by one or more set of coupons attached to said bond anticipation notes. Said interest rate need not be fixed at the time of the passage of such legislative act but may vary based on a fixed formula determined by the governing body and set forth in the legislative act authorizing the issuance of the bond anticipation notes. Said variable interest rate may not exceed the authorized maximum net effective interest rate.
(3)
The bond anticipation notes may be sold, at, above, or below the principal amounts thereof, as may be in the public interest.
(4)
The bond anticipation notes may be sold at either public or private sale, as determined by the governing body.
L. 81: Entire article added, p. 1420, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-106 - Limitations on issuance

(1)
If the bond anticipation notes are being issued in anticipation of bonds which constitute an indebtedness, such bond anticipation notes shall not be issued:
(a)
Unless the bonds have been authorized at an election as required by section 6 of article XI of the state constitution;
(b)
In a principal amount in excess of the amount of bonds authorized to be issued at such election;
(c)
At a maximum net effective interest rate higher than the maximum net effective interest rate at which such bonds may be issued;
(d)
Unless the proceeds of such bond anticipation notes are to be used for the same purpose for which the bonds may be issued; and
(e)
Unless the principal amount of the bond anticipation note together with the outstanding principal amount of other indebtedness of the public body is within the applicable limitation on the issuance of such indebtedness by the public body, if any.
(2)
When bond anticipation notes are issued in anticipation of the issuance of bonds which constitute an indebtedness and which have been authorized at an election, a principal amount of the bonds so authorized equal to the original principal amount of the bond anticipation notes issued shall be issued solely for the purpose of retiring such bond anticipation notes. If such bond anticipation notes are retired from other legally available revenues of the public bonds, said bonds in such principal amount shall not be issued unless reauthorized at an election held in accordance with the state constitution and other laws of this state.
L. 81: Entire article added, p. 1421, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-107 - No action maintainable

No action or proceeding, at law or in equity, to review any acts or proceedings, or to question the validity or enjoin the performance of any act, or the issuance of any bond anticipation notes authorized by this article, or for any other relief against any acts or proceedings done or had under this article, whether based upon irregularities or jurisdictional defects, shall be maintained, unless commenced within thirty days after the performance of the act or the effective date of the legislative act complained of, or else be thereafter perpetually barred.
L. 81: Entire article added, p. 1421, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-108 - Validation

All bond anticipation notes and any coupons appertaining thereto issued or purportedly issued prior to July 1, 1981, and all acts or proceedings had or taken or purportedly had or taken prior to said date by or on behalf of public bodies, under law or under color of law, preliminary to and in the authorization, execution, sale, and issuance of all bond anticipation notes, including any coupons appertaining thereto, and the exercise of other powers in this article are validated, ratified, approved, and confirmed by this section except as provided in section
29-14-109
, notwithstanding any lack of power, authority, or otherwise, other than constitutional, and notwithstanding any defects and irregularities other than constitutional, in such bond anticipation notes, acts, and proceedings, in such authorization, execution, sale, and issuance, and in such exercise of power; and such bond anticipation notes are and shall be binding, legal, valid, and enforceable obligations of such public body to which they appertain in accordance with their terms and their authorization proceedings.
L. 81: Entire article added, p. 1421, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-109 - Effect of and limitations upon validation

This article shall operate to supply such legislative authority as may be necessary to validate any such bond anticipation notes issued prior to July 1, 1981, of such public bodies and any acts and proceedings taken appertaining to the issuance of such bond anticipation notes by such public bodies or otherwise prior to said date which the general assembly could have supplied or provided for in the law under which such bond anticipation notes were issued or such other contracts were executed and such acts or proceedings where taken; but this article shall be limited to the validation of such bond anticipation notes, acts, and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. This article shall not operate to validate, ratify, approve, confirm, or legalize any bond anticipation note or coupon, act, proceeding, or other matter, the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined, and shall not operate to confirm, validate, or legalize any bond anticipation note or coupon, act, proceeding, or other matter which, prior to July 1, 1981, has been determined in any legal proceeding to be illegal, void, or ineffective.
L. 81: Entire article added, p. 1422, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › BOND ANTICIPATION NOTES (§§ 29-14-101 — 29-14-110) › Article 14 - BOND ANTICIPATION NOTE ACT (§§ 29-14-101 — 29-14-110) › Section 29-14-110 - Application to certain public bodies

It is the intent of the general assembly that the provisions of this article shall apply to home rule municipalities except insofar as superseded by charter or ordinance passed pursuant to such charter and shall apply to special territorial charter municipalities.
L. 81: Entire article added, p. 1422, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-101 - Short title

This article shall be known and may be cited as the "Tax Anticipation Note Act".
L. 85: Entire article added, p. 1054, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-102 - Legislative declaration

The general assembly hereby declares that the issuance of tax anticipation notes by any public body as defined in section
29-15-103(3)
, when advantageous to the public body or the citizens thereof, will serve a public use and will promote the health, safety, security, and general welfare of the citizens thereof and of the people of the state of Colorado.
L. 85: Entire article added, p. 1054, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Governing body" means a city council, a board of trustees, a commission, a board of county commissioners, a board of directors, or any other legislative body in which the legislative powers of a public body are vested.
(2)
"Legislative act" means an ordinance adopted by the governing body of a municipality or a resolution adopted by the governing body of any other public body.
(3)
"Public body" means any county, any municipality as defined in section
31-1-101(6)
, C.R.S., any school district or other district, or any public board, commission, authority, agency, political subdivision, or other public body in the state created pursuant to any general or special law or pursuant to any legislative or home rule charter.
(4)
"Tax anticipation note" means any note, interim debenture, warrant, or other security evidencing an obligation and issued pursuant to this article.
(5)
"Taxes" means ad valorem taxes on real or personal property.
L. 85: Entire article added, p. 1054, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-104 - Issuance of tax anticipation notes

(1)
Any public body may issue, from time to time, tax anticipation notes without an election if its governing body determines that the taxes to be received by the public body will not be received in time to pay the public body's projected budgeted expenses. Such tax anticipation notes shall be issued in anticipation of the collection of taxes estimated by the governing body to be received within its then current fiscal year.
(2)
(a)
Tax anticipation notes shall be both issued and made payable within the fiscal year for which such taxes are levied.
(b)
The provisions of this subsection (2) limiting the term of tax anticipation notes shall not apply to tax anticipation notes issued by school districts on and after January 1, 1992.
(3)
Tax anticipation notes may be paid from the proceeds of ad valorem taxes on real and personal property, investment proceeds on the ad valorem taxes, or the proceeds from the tax anticipation notes.
L. 85: Entire article added, p. 1055, § 1, effective June 6. L. 90: (2) amended, p. 1084, § 46, effective May 31.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-105 - Tax anticipation note details

(1)
Except as provided in subsection (2) of this section, any tax anticipation notes may be issued in one or more series, bear such dates, be in such denomination or denominations, mature on any date or dates occurring on or before the last day of the fiscal year of the public body in which the tax anticipation notes are issued, mature in such amount or amounts, bear interest at such rate or rates, be in such form, be payable at such place or places, and be subject to such terms of redemption with or without a premium as the legislative act of the governing body authorizing the issuance of the tax anticipation notes may provide. The tax anticipation notes may be sold at, above, or below the principal amounts thereof whenever such action is in the public interest, as determined by the governing body. The tax anticipation notes may be sold at either a public or a private sale, as determined by the governing body.
(2)
Any tax anticipation notes issued by a school district may be issued in one or more series, bear such dates, be in such denomination or denominations, mature on or before August 31 of the fiscal year immediately following the fiscal year in which the tax anticipation notes were issued, mature in such amount or amounts, bear interest at such rate or rates, be in such form, be payable at such place or places, and be subject to such terms of redemption with or without a premium as the legislative act of the governing body authorizing the issuance of the tax anticipation notes may provide. The tax anticipation notes may be sold at, above, or below the principal amounts thereof whenever such action is in the public interest, as determined by the governing body. The tax anticipation notes may be sold at either a public or a private sale, as determined by the governing body.
L. 85: Entire article added, p. 1055, § 1, effective June 6. L. 95: Entire section amended, p. 608, § 6, effective May 22.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-106 - Limitation on issuance of tax anticipation notes

(1)
For all public bodies except school districts, the amount of tax anticipation notes issued by a public body in any fiscal year shall not exceed fifty percent of all taxes estimated to be received by such governing body in its current fiscal year, as shown by its then current budget.
(2)
For school districts, the amount of tax anticipation notes issued by the school district in any fiscal year shall not exceed seventy-five percent of all taxes estimated to be received by such school district in its current fiscal year, as shown by its then current budget.
L. 85: Entire article added, p. 1055, § 1, effective June 6. L. 94: Entire section amended, p. 809, § 16, effective April 27.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-107 - Payment of tax anticipation notes

All ad valorem taxes on real and personal property, investment, proceeds on the ad valorem taxes, or the proceeds from tax anticipation notes received by the public body after the issuance of the tax anticipation notes, except taxes collected for retirement of existing debt, shall be paid into a special fund to be known as the tax anticipation note principal and interest redemption fund until such time as the moneys in such fund are sufficient to pay when due the principal of and the premiums, if any, and interest on the tax anticipation notes. All moneys in such fund not in excess of the amount required for such purpose shall be used to pay the principal of and the premiums, if any, and interest on the tax anticipation notes and shall be used for no other purpose.
L. 85: Entire article added, p. 1055, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-108 - No impairment of contract

As long as any tax anticipation notes are outstanding, this article and the provisions of law authorizing the levy of taxes shall not be repealed or amended in such a manner as would materially impair the contractual rights and remedies of the holders of the tax anticipation notes.
L. 85: Entire article added, p. 1055, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-109 - No action maintainable

No action or proceeding, at law or in equity, to review any act or proceeding, or to question the validity or enjoin the performance of any act or the issuance of any tax anticipation notes authorized by this article, or to obtain any other relief against any acts or proceedings done or had under this article, whether based upon irregularities or jurisdictional defects, shall be maintained unless such action or proceeding is commenced within thirty days after the performance of the act or the effective date of the legislative act complained of; otherwise, it shall be thereafter perpetually barred.
L. 85: Entire article added, p. 1056, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-110 - Independent authority

The authority granted by this article shall constitute separate and independent authority for the powers granted in this article and shall be effective without reference to the powers or limitations contained in any other law, and the provisions of this article shall not be deemed to constitute limitations on the powers granted to public bodies under any other law.
L. 85: Entire article added, p. 1056, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › TAX ANTICIPATION NOTES (§§ 29-15-101 — 29-15-112) › Article 15 - TAX ANTICIPATION NOTE ACT (§§ 29-15-101 — 29-15-112) › Section 29-15-111 - Application to certain public bodies

It is the intent of the general assembly that the provisions of this article shall apply to home rule municipalities except insofar as such provisions may be superseded by their charters or any legislative acts passed pursuant to such charters and also shall apply to special territorial charter municipalities.
L. 85: Entire article added, p. 1056, § 1, effective June 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 1 - LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT (§§ 29-20-101 — 29-20-111) › Section 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".
L. 74: Entire article added, p. 353, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 1 - LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT (§§ 29-20-101 — 29-20-111) › Section 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.
L. 74: Entire article added, p. 353, § 1, effective May 17. L. 2001, 2nd Ex. Sess.: Entire section amended, p. 27, § 1, effective November 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 1 - LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT (§§ 29-20-101 — 29-20-111) › Section 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
.
Amended by 2016 Ch. 259,§ 2, eff. 6/8/2016.
Amended by 2013 Ch. 255,§ 2, eff. 5/23/2013.
L. 74: Entire article added, p. 353, § 1, effective May 17. L. 2001: (2) added, p. 597, § 3, effective May 30. L. 2001, 2nd Ex. Sess.: (1) amended and (1.5) added, p. 27, § 2, effective November 6. L. 2008: (1) amended, p. 1559, § 1, effective May 29. L. 2013: (1) amended, (SB 13-258), ch. 255, p. 1348, § 2, effective May 23. L. 2016: (1.3) added, (HB 16-1088), ch. 259, p. 1059, § 2, effective June 8.
For the short title ("Public Safety Fairness Act") in HB 16-1088, see section 1 of chapter 259, Session Laws of Colorado 2016.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 1 - LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT (§§ 29-20-101 — 29-20-111) › Section 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.
L. 74: Entire article added, p. 354, § 1, effective May 17.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 1 - LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT (§§ 29-20-101 — 29-20-111) › Section 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.
L. 74: Entire article added, p. 354, § 1, effective May 17. L. 89: Entire section amended, p. 1269, § 2, effective April 23.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 1 - LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT (§§ 29-20-101 — 29-20-111) › Section 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.
Added by 2015 Ch. 26,§ 1, eff. 8/5/2015.
L. 2015: Entire section added, (SB 15-041), ch. 26, p. 65, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 1 - LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT (§§ 29-20-101 — 29-20-111) › Section 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)
.
Added by 2023 Ch. 350,§ 10, eff. 8/7/2023.
2023 Ch. 350, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 1 - LOCAL GOVERNMENT LAND USE CONTROL ENABLING ACT (§§ 29-20-101 — 29-20-111) › Section 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.
Added by 2024 Ch. 67,§ 1, eff. 7/1/2024.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 2 - REGULATORY IMPAIRMENT OF PROPERTY RIGHTS (§§ 29-20-201 — 29-20-205) › Section 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.
L. 99: Entire part added, p. 586, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 2 - REGULATORY IMPAIRMENT OF PROPERTY RIGHTS (§§ 29-20-201 — 29-20-205) › Section 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).
L. 99: Entire part added, p. 587, § 1, effective July 1. L. 2001, 2nd Ex. Sess.: (2) amended, p. 30, § 5, effective November 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 2 - REGULATORY IMPAIRMENT OF PROPERTY RIGHTS (§§ 29-20-201 — 29-20-205) › Section 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.
Amended by 2024 Ch. 168,§ 3, eff. 5/13/2024.
L. 99: Entire part added, p. 587, § 1, effective July 1. L. 2001, 2nd Ex. Sess.: (1) amended, p. 30, § 6, effective November 6.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 2 - REGULATORY IMPAIRMENT OF PROPERTY RIGHTS (§§ 29-20-201 — 29-20-205) › Section 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.
L. 99: Entire part added, p. 589, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 3 - ADEQUATE WATER SUPPLY (§§ 29-20-301 — 29-20-306) › Section 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
.
Amended by 2013 Ch. 255,§ 1, eff. 5/23/2013.
L. 2008: Entire part added, p. 1559, § 2, effective May 29. L. 2013: (1)(c) and (1)(d) added, (SB 13-258), ch. 255, p. 1348, § 1, effective May 23.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 3 - ADEQUATE WATER SUPPLY (§§ 29-20-301 — 29-20-306) › Section 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.
L. 2008: Entire part added, p. 1560, § 2, effective May 29.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 3 - ADEQUATE WATER SUPPLY (§§ 29-20-301 — 29-20-306) › Section 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.
L. 2008: Entire part added, p. 1560, § 2, effective May 29.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 3 - ADEQUATE WATER SUPPLY (§§ 29-20-301 — 29-20-306) › Section 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.
L. 2008: Entire part added, p. 1562, § 2, effective May 29.
2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 3 - ADEQUATE WATER SUPPLY (§§ 29-20-301 — 29-20-306) › Section 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.
L. 2008: Entire part added, p. 1562, § 2, effective May 29.