House Bill 25-1093 Rerevised

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); and add (2)(b.5) and (6)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 law that:

• Page 2, Line 6(I)  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; As used in this subsection (2)(a), "land use law"

• Page 2, Line 12means any statute, resolution, ordinance, code, rule, regulation, plan,

• Page 2, Line 13policy, procedure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property or

• Page 2, Line 14(II)  In census urban areas as defined by the United States

• Page 2, Line 15census bureau, explicitly decreases the permitted residential

• Page 2, Line 16density or residential uses of land to a lower residential

• Page 2, Line 17density or fewer residential uses than were allowed by the

• Page 2, Line 18land's usage and zoning as of July 1, 2025, without ensuring a

• Page 3, Line 1corresponding increase of residential density or residential uses elsewhere in the jurisdiction.

• Page 3, Line 2(b.5)  "Land use law" means any statute, resolution,

• Page 3, Line 3ordinance, code, rule, regulation, plan, policy, procedure,

• Page 3, Line 4standard, initiative, guideline, requirement, or law that

• Page 3, Line 5regulates the use or division of property or any interest in property.

• Page 3, Line 6(6) (a)  As used in this subsection (6), "wildlife crossing

• Page 3, Line 7structure" means a structure that was constructed to

• Page 3, Line 8facilitate wildlife movement and is identified and mapped by the

• Page 3, Line 9Coloradodivisionof parks and wildlife in a high priority habitat

• Page 3, Line 10map that is incorporated into the Colorado energy and carbon management commission's regulations.

• Page 3, Line 11(b)  Nothing in this section applies to land that contains or is directly adjacent to a wildlife crossing structure.

• Page 3, Line 12SECTION 2.  In Colorado Revised Statutes, 29-20-203, add (3) as follows:

• Page 3, Line 1329-20-203.  Conditions on land-use approvals.

• Page 3, Line 14(3)  Notwithstanding any other law, at any time before an

• Page 3, Line 15election is ordered pursuant to section 31-11-104, a municipality

• Page 3, Line 16may seek a judicial determination as to the legality of a

• Page 3, Line 17proposed land use ordinance that restricts or limits the

• Page 3, Line 18development or use of land submitted to the legislative body

• Page 3, Line 19pursuant to section 31-11-104 with regard to any provision of

• Page 3, Line 20the United States constitution or the state constitution, this

• Page 3, Line 21section, article 68 of title 24, or section 29-20-104.2. The owners

• Page 3, Line 22of property specifically subject to the proposed ordinance and

• Page 3, Line 23persons designated as representing the petition proponents

• Page 4, Line 1pursuant to section 31-11-106 (2) shall be entitled to intervene

• Page 4, Line 2in the proceeding. The time period to adopt an initiated ordinance

• Page 4, Line 3or call an election pursuant to section 31-11-104 (1) shall be

• Page 4, Line 4tolled during the pendency of any action filed pursuant to this subsection (3) including any appeal.

• Page 4, Line 5SECTION 3.  Act subject to petition - effective date. This act

• Page 4, Line 6takes effect at 12:01 a.m. on the day following the expiration of the

• Page 4, Line 7ninety-day period after final adjournment of the general assembly; except

• Page 4, Line 8that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 4, Line 9of the state constitution against this act or an item, section, or part of this

• Page 4, Line 10act within such period, then the act, item, section, or part will not take

• Page 4, Line 11effect unless approved by the people at the general election to be held in

• Page 4, Line 12November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.