A Bill for an Act
Page 1, Line 101Concerning limitations on local land use policies that
Page 1, Line 102impose conditions that limit growth.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Current law preempts any local governmental entity housing growth restriction (anti-growth law) that explicitly limits the growth of the population in the local governmental entity's jurisdiction or the number of development permits or building permit applications for residential development unless it is a temporary, nonrenewable anti-growth law following a declared disaster emergency.
The bill clarifies that an anti-growth law also includes any restriction that explicitly seeks to impose additional restrictions or limitations on a particular housing type that exceed a governmental entity's zoning or building codes.
The bill also clarifies when a local government must provide the option of paying a fee in lieu of land dedication for a private property owner whose property does not meet the local government's standards for dedication.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 29-20-104.2, amend (2)(a) as follows:
Page 2, Line 329-20-104.2. Anti-growth law - preemption - legislative
Page 2, Line 4declaration - definitions. (2) As used in this section, unless the context otherwise requires:
Page 2, Line 5(a) "Anti-growth law" means a generally applicable land use
Page 2, Line 6law that explicitly limits either the growth of the population in the
Page 2, Line 7governmental entity's jurisdiction or the number of development permits
Page 2, Line 8or building permit applications for residential development or the
Page 2, Line 9residential component of any mixed use development submitted to,
Page 2, Line 10reviewed by, approved by, or issued by a governmental entity for any
Page 2, Line 11calendar or fiscal year or that, in census urban areas as defined by
Page 2, Line 12the United States census bureau, explicitly decreases the
Page 2, Line 13permitted residential density or uses of land to less density or
Page 2, Line 14fewer uses than were allowed under its previous usage without
Page 2, Line 15ensuring a corresponding increase of residential density or uses
Page 2, Line 16elsewhere in the jurisdiction. As used in this subsection (2)(a), "land
Page 2, Line 17use law" means any statute, resolution, ordinance, code, rule, regulation,
Page 2, Line 18plan, policy, procedure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property.
Page 2, Line 19SECTION 2. In Colorado Revised Statutes, 29-20-203, add (3) as follows:
Page 3, Line 129-20-203. Conditions on land-use approvals.
Page 3, Line 2(3) Notwithstanding any other law, at any time before an
Page 3, Line 3election is ordered pursuant to section 31-11-104, a municipality
Page 3, Line 4may seek a judicial determination as to the legality of a
Page 3, Line 5proposed land use ordinance that restricts or limits the
Page 3, Line 6development or use of land submitted to the legislative body
Page 3, Line 7pursuant to section 31-11-104 with regard to any provision of
Page 3, Line 8the United States constitution or the state constitution, this
Page 3, Line 9section, article 68 of title 24, or section 29-20-104.2. The owners
Page 3, Line 10of property specifically subject to the proposed ordinance and
Page 3, Line 11persons designated as representing the petition proponents
Page 3, Line 12pursuant to section 31-11-106 (2) shall be entitled to intervene
Page 3, Line 13in the proceeding. The time period to adopt an initiated ordinance
Page 3, Line 14or call an election pursuant to section 31-11-104 (1) shall be
Page 3, Line 15tolled during the pendency of any action filed pursuant to this subsection (3) including any appeal.
Page 3, Line 16SECTION 3. Act subject to petition - effective date. This act
Page 3, Line 17takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 18ninety-day period after final adjournment of the general assembly; except
Page 3, Line 19that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 20of the state constitution against this act or an item, section, or part of this
Page 3, Line 21act within such period, then the act, item, section, or part will not take
Page 3, Line 22effect unless approved by the people at the general election to be held in
Page 3, Line 23November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.