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 24-65.1-202 - Criteria for administration of areas of state interest

(1)
(a)
Mineral resource areas designated as areas of state interest shall be protected and administered in such a manner as to permit the extraction and exploration of minerals therefrom, unless extraction and exploration would cause significant danger to public health and safety. If the local government having jurisdiction, after weighing sufficient technical or other evidence, finds that the economic value of the minerals present therein is less than the value of another existing or requested use, such other use should be given preference; however, other uses which would not interfere with the extraction and exploration of minerals may be permitted in such areas of state interest.
(b)
Areas containing only sand, gravel, quarry aggregate, or limestone used for construction purposes shall be administered as provided by part 3 of article
1
of title
34
, C.R.S.
(c)
The extraction and exploration of minerals from any area shall be accomplished in a manner which causes the least practicable environmental disturbance, and surface areas disturbed thereby shall be reclaimed in accordance with the provisions of article
32
of title
34
, C.R.S.
(d)
Repealed.
(2)
(a)
Natural hazard areas shall be administered as follows:
(I)
(A)
Floodplains shall be administered so as to minimize significant hazards to public health and safety or to property. The Colorado water conservation board shall promulgate a model floodplain regulation no later than September 30, 1974. Open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction shall be encouraged in the floodplains. Any combination of these activities shall be conducted in a mutually compatible manner. Building of structures in the floodplain shall be designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impact of such development on downstream communities such as the creation of obstructions during floods. Activities shall be discouraged that, in time of flooding, would create significant hazards to public health and safety or to property. Shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems shall be protected from inundation by floodwaters. Unless an activity of state interest is to be conducted therein, an area of corrosive soil, expansive soil and rock, or siltation shall not be designated as an area of state interest unless the Colorado conservation board, through the local conservation district, identifies such area for designation.
(B)
Nothing in sub-subparagraph (A) of this subparagraph (I), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(II)
Wildfire hazard areas in which residential activity is to take place shall be administered so as to minimize significant hazards to public health and safety or to property. The Colorado state forest service shall promulgate a model wildfire hazard area control regulation no later than September 30, 1974. If development is to take place, roads shall be adequate for service by fire trucks and other safety equipment. Firebreaks and other means of reducing conditions conducive to fire shall be required for wildfire hazard areas in which development is authorized.
(III)
In geologic hazard areas all developments shall be engineered and administered in a manner that will minimize significant hazards to public health and safety or to property due to a geologic hazard. The Colorado geological survey shall promulgate a model geologic hazard area control regulation no later than September 30, 1974.
(b)
After promulgation of guidelines for land use in natural hazard areas by the Colorado water conservation board, the Colorado conservation board through the conservation districts, the Colorado state forest service, and the Colorado geological survey, natural hazard areas shall be administered by local government in a manner that is consistent with the guidelines for land use in each of the natural hazard areas.
(3)
Areas containing, or having a significant impact upon, historical, natural, or archaeological resources of statewide importance, as determined by the state historical society, the department of natural resources, and the appropriate local government, shall be administered by the appropriate state agency in conjunction with the appropriate local government in a manner that will allow man to function in harmony with, rather than be destructive to, these resources. Consideration is to be given to the protection of those areas essential for wildlife habitat. Development in areas containing historical, archaeological, or natural resources shall be conducted in a manner which will minimize damage to those resources for future use.
(4)
The following criteria shall be applicable to areas around key facilities:
(a)
If the operation of a key facility may cause a danger to public health and safety or to property, as determined by local government, the area around the key facility shall be designated and administered so as to minimize such danger; and
(b)
Areas around key facilities shall be developed in a manner that will discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by local government. Compatibility with nonmotorized traffic shall be encouraged. A development that imposes burdens or deprivation on the communities of a region cannot be justified on the basis of local benefit alone.
(5)
In addition to the criteria described in subsection (4) of this section, the following criteria shall be applicable to areas around particular key facilities:
(a)
Areas around airports shall be administered so as to:
(I)
Encourage land use patterns for housing and other local government needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas; and
(II)
Avoid danger to public safety and health or to property due to aircraft crashes.
(b)
Areas around major facilities of a public utility shall be administered so as to:
(I)
Minimize disruption of the service provided by the public utility; and
(II)
Preserve desirable existing community patterns.
(c)
Areas around interchanges involving arterial highways shall be administered so as to:
(I)
Encourage the smooth flow of motorized and nonmotorized traffic;
(II)
Foster the development of such areas in a manner calculated to preserve the smooth flow of such traffic; and
(III)
Preserve desirable existing community patterns.
(d)
Areas around rapid or mass transit terminals, stations, or guideways shall be developed in conformance with the applicable municipal master plan adopted pursuant to section
31-23-206
, C.R.S., or any applicable master plan adopted pursuant to section
30-28-108
, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such development in such areas shall be made with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.
Amended by 2019 Ch. 120, § 1, eff. 4/16/2019.
L. 74: Entire article added, p. 341, § 1, effective May 17. L. 75: (5)(a) amended, p. 1270, § 4, effective July 1. L. 88: (1)(c) amended, p. 1436, § 34, effective June 11. L. 2002: (2)(a)(I) and (2)(b) amended, p. 514, § 3, effective July 1. L. 2005: (2)(a)(I) amended, p. 348, § 3, effective August 8. L. 2010: (1)(d) amended, (SB 10-174), ch. 810, p. 810, § 1, effective August 11. L. 2019: (1)(d) repealed, (SB 19-181), ch. 502, p. 502, § 1, 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.