Senate Committee of Reference Report
Committee on Local Government & Housing
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
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March 4, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1001 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 3, line 13, strike "surrounding" and
Page 1, Line 2substitute "nearby".
Page 1, Line 3Page 8, after line 8 insert:
Page 1, Line 4"(3) The general assembly further finds and declares
Page 1, Line 5that this House Bill 26-1001, enacted in 2026, is intended to:
Page 1, Line 6(a) Streamline residential development processes to
Page 1, Line 7reduce housing construction costs while ensuring subject
Page 1, Line 8jurisdictions are able to apply all relevant public health and
Page 1, Line 9safety codes that typically apply to residential development;
Page 1, Line 10(b) Allow flexibility for subject jurisdictions to
Page 1, Line 11determine appropriate site design standards for residential
Page 1, Line 12developments by using standards that apply to similar housing
Page 1, Line 13pursuant to section 29-35-504 (1)(d). For example, if a subject
Page 1, Line 14jurisdiction receives a development application to build
Page 1, Line 15single-family dwellings, the subject jurisdiction may apply site
Page 1, Line 16design standards that are consistent with a zone district that
Page 1, Line 17allows single-family dwellings by-right. If a subject jurisdiction
Page 1, Line 18receives a development application for multi-unit dwellings, the
Page 1, Line 19subject jurisdiction may apply site design standards that are
Page 1, Line 20consistent with a zone district that allows multi-unit dwellings
Page 1, Line 21by-right; and
Page 1, Line 22(c) Build upon recent laws that authorize and encourage
Page 1, Line 23school districts and local governments to promote affordable
Page 1, Line 24housing, such as:
Page 1, Line 25(I) House Bill 21-1117, concerning the ability of local
Page 1, Line 26governments to promote the development of new affordable
Page 2, Line 1housing units pursuant to their existing authority to regulate
Page 2, Line 2land use within their territorial boundaries;
Page 2, Line 3(II) Senate Bill 24-174, concerning state support for
Page 2, Line 4sustainable affordable housing; and
Page 2, Line 5(III) House Bill 25-1006, concerning allowing a school
Page 2, Line 6district to lease district property for any term of years, which
Page 2, Line 7allows a board of education of a school district to lease land
Page 2, Line 8for affordable housing for any term of years if the board of
Page 2, Line 9education develops a policy that defines affordable housing for
Page 2, Line 10the project.".
Page 2, Line 11Renumber succeeding subsection accordingly.
Page 2, Line 12Page 9, after line 9 insert:
Page 2, Line 13"(d) A parcel that is zoned or used primarily for
Page 2, Line 14industrial use, which, for purposes of this subsection means a
Page 2, Line 15business use or activity at a scale greater than home industry
Page 2, Line 16involving manufacturing, fabrication, mineral or gravel
Page 2, Line 17extraction, assembly, warehousing, or storage;
Page 2, Line 18(e) A parcel that is subject to an intergovernmental
Page 2, Line 19agreement or annexation agreement that limits residential
Page 2, Line 20development;
Page 2, Line 21(f) A parcel that is zoned for agricultural use;
Page 2, Line 22(g) A parcel that is zoned for forestry, natural resource
Page 2, Line 23preservation, or open space;
Page 2, Line 24(h) A parcel that is in a floodway or in a one-
Page 2, Line 25hundred-year floodplain, as identified by the federal emergency
Page 2, Line 26management agency;".
Page 2, Line 27Reletter succeeding paragraphs accordingly.
Page 2, Line 28Page 9, line 26, strike "the last five years," and substitute "the five
Page 2, Line 29years preceding the nonprofit organization's submission of a
Page 2, Line 30development application,".
Page 2, Line 31Page 9, line 27, strike "projects which have received" and substitute
Page 2, Line 32"a project which has received a".
Page 2, Line 33Page 10, line 1, strike "credits or" and substitute "credit or a".
Page 2, Line 34Page 10, line 2, strike "credits;" and substitute "credit;".
Page 2, Line 35
Page 3, Line 1Page 11, line 12, strike "means a qualifying private" and substitute
Page 3, Line 2"means:
Page 3, Line 3(a) A qualifying private property that is not adjacent to
Page 3, Line 4another qualifying property containing five or less acres that
Page 3, Line 5was part of a subdivision process that occurred within the past
Page 3, Line 6five years, and is within:
Page 3, Line 7(I) A municipality; or
Page 3, Line 8(II) A portion of a county that is within a census
Page 3, Line 9designated place with a population of five thousand or more, as
Page 3, Line 10reported in the most recent decennial census, that is also within
Page 3, Line 11a three-mile area extending in any direction from any point in a
Page 3, Line 12municipality, as described in section 31-12-105 (1)(e)(I); or
Page 3, Line 13(b) A qualifying public property that is not adjacent to
Page 3, Line 14another qualifying property containing five or less acres that
Page 3, Line 15was part of a subdivision process that occurred within the past
Page 3, Line 16five years, and is within:
Page 3, Line 17(I) A municipality; or
Page 3, Line 18(II) A portion of a county that is within a census
Page 3, Line 19designated place with a population of five thousand or more, as
Page 3, Line 20reported in the most recent decennial census, that is also within
Page 3, Line 21a three-mile area extending in any direction from any point in a
Page 3, Line 22municipality, as described in section 31-12-105 (1)(e)(I).".
Page 3, Line 23Page 11, strike line 13.
Page 3, Line 24Page 12, line 21, strike "parcel." and substitute "parcel; except that,
Page 3, Line 25if on December 31, 2027, a subject jurisdiction is actively in the
Page 3, Line 26process of updating the subject jurisdiction's zoning or
Page 3, Line 27development code to comply with the requirements of this part
Page 3, Line 285, the subject jurisdiction shall complete the updates and shall
Page 3, Line 29comply with all requirements of this part 5 by June 31, 2028.".
Page 3, Line 30Page 13, line 26, strike "standards;" and substitute "standards in
Page 3, Line 31accordance with section 29-20-104;".
Page 3, Line 32Page 15, line 13, strike "forty-five feet tall;" and substitute
Page 3, Line 33"thirty-eight feet tall, unless:
Page 3, Line 34(I) The subject jurisdiction is served by a fire protection
Page 3, Line 35district, fire department, or fire authority whose aerial
Page 3, Line 36apparatus is unable to serve a structure that is three stories
Page 3, Line 37tall; or
Page 3, Line 38(II) The qualifying property is located in a historic
Page 3, Line 39district that does not allow residential structures that are
Page 4, Line 1three stories tall;".
Page 4, Line 2Page 14, after line 7 insert:
Page 4, Line 3"(i) Enacting or applying a local law that requires
Page 4, Line 4notifying the public regarding a development application or
Page 4, Line 5soliciting and collecting feedback from residents of the subject
Page 4, Line 6jurisdiction;
Page 4, Line 7(j) Applying laws and policies to a qualifying property
Page 4, Line 8pursuant to accepted housing needs assessments and accepted
Page 4, Line 9housing action plans that encourage the development of a range
Page 4, Line 10of housing types in accordance with part 37 of article 32 of title
Page 4, Line 1124;
Page 4, Line 12(k) Offering funding, financing incentives, or development
Page 4, Line 13incentives that may require approval in a public hearing to a
Page 4, Line 14developer of a residential development, if the funding or
Page 4, Line 15incentives would lead to the development of a greater amount
Page 4, Line 16of affordable housing units than the amount of affordable
Page 4, Line 17housing units that would be developed in the absence of the
Page 4, Line 18funding or incentives and the developer of the residential
Page 4, Line 19development is not required to accept the funding or
Page 4, Line 20incentives;".
Page 4, Line 21Reletter succeeding paragraphs accordingly.
Page 4, Line 22Page 15, strike lines 1 through 6.
Page 4, Line 23Page 16, line 15, strike "Setbacks from oil and gas facilities and
Page 4, Line 24operations." and substitute "Other objective setback standards
Page 4, Line 25that apply to residential dwellings, including setbacks from oil
Page 4, Line 26and gas facilities, oil and gas operations, stream corridors,
Page 4, Line 27riparian areas, wetlands, and sensitive wildlife habitats.".
Page 4, Line 28Before "standards" insert "site design" on: Page 13, line 27; and Page
Page 4, Line 2916, lines 1, 3, and 5.