A Bill for an Act
Page 1, Line 101Concerning the promotion of residential development on
Page 1, Line 102qualifying properties.
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.)
The bill requires a subject jurisdiction, on or after December 31, 2026, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process.
The bill specifies that a subject jurisdiction shall not:
- Disallow construction of a residential development on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall;
- Disallow construction of a residential development on the basis of height if the tallest structure in the residential development complies with the height-related standards for the zoning district in which the residential development will be built or any zoning district that is contiguous to the qualifying property on which the residential development will be built;
- Disallow construction of a residential development based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or
- Apply standards to a residential development on a qualifying property that are more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; or on-site landscaping, screening, and buffering requirements.
- Childcare; and
- The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community.
A subject jurisdiction shall allow the following uses in a residential development on a qualifying property:
A subject jurisdiction may condition additional uses in a residential development on the uses being allowed only on the ground floor of the residential development and the uses occupying no more than 15% of the ground floor area of the residential development.
The bill requires a faith-based organization, school district, or state college or university to notify the county assessor that a subject jurisdiction has allowed the construction of a residential development on a qualifying property within the county.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 5 to article 35 of title 29 as follows:
Page 2, Line 3PART 5
RESIDENTIAL DEVELOPMENT ON
Page 3, Line 1QUALIFYING PROPERTIES
Page 3, Line 229-35-501. Legislative declaration. (1) The general assembly finds and declares that:
Page 3, Line 3(a) Coloradans are overwhelmingly burdened with the
Page 3, Line 4cost of housing. In 2022, forty-five percent of Colorado renters
Page 3, Line 5spent over thirty percent of their income on rent. In order to
Page 3, Line 6afford the median rent of one thousand seven hundred
Page 3, Line 7seventy-one dollars without being cost-burdened, a Colorado
Page 3, Line 8renter must earn an annual income that exceeds seventy
Page 3, Line 9thousand dollars. Further, to purchase a median-priced home in
Page 3, Line 10Colorado with a twenty percent down payment without being
Page 3, Line 11cost-burdened, a Coloradan must earn an annual income that exceeds one hundred twenty-nine thousand dollars.
Page 3, Line 12(b) As of November 2024, the average cost of construction
Page 3, Line 13in Colorado was approximately four hundred eighty-three
Page 3, Line 14thousand dollars per unit, representing an increase of over sixty thousand dollars from the previous year;
Page 3, Line 15(c) As Colorado grows, so does the challenge of providing
Page 3, Line 16affordable housing to its residents. While land that is available
Page 3, Line 17for new housing in established communities is in short supply,
Page 3, Line 18many qualifying organizations own underutilized properties upon which housing could be built.
Page 3, Line 19(d) In Denver, Jefferson, Arapahoe, and Douglas counties
Page 3, Line 20alone, faith-based organizations own more than five thousand
Page 3, Line 21acres of undeveloped land, some of which has never been
Page 3, Line 22developed and some of which has been vacant for over seventy
Page 4, Line 1years. In many cases, faith-based organizations are mowing or
Page 4, Line 2maintaining these lots at significant cost with no real benefit to the community.
Page 4, Line 3(e) Local zoning regulations can prevent housing from
Page 4, Line 4being developed on vacant properties by prohibiting residential
Page 4, Line 5development in association with places of assembly, or by
Page 4, Line 6requiring extensive rezoning processes that add cost and uncertainty to affordable housing projects; and
Page 4, Line 7(f) This House Bill 25-____, enacted in 2025, streamlines
Page 4, Line 8the building process for qualifying properties, including
Page 4, Line 9properties owned by faith-based organizations, by providing a
Page 4, Line 10process that allows residential developments to be constructed
Page 4, Line 11on qualifying properties as long as certain requirements are satisfied.
Page 4, Line 12(2) The general assembly further finds and declares that
Page 4, Line 13it is the intent of the general assembly that every person
Page 4, Line 14involved in the construction, management, and operation of a
Page 4, Line 15qualifying property in connection with this part 5 complies with
Page 4, Line 16the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., the
Page 4, Line 17federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and all other state and federal laws.
Page 4, Line 1829-35-502. Definitions.As used in this part 5, unless the context otherwise requires:
Page 4, Line 19(1) "Dwelling unit" has the same meaning as set forth in section 29-35-402 (8).
Page 4, Line 20(2) "Exempt parcel" means:
Page 4, Line 21(a) A parcel that is not served by a domestic water and
Page 5, Line 1sewage treatment system, as defined in section 24-65.1-104 (5); is
Page 5, Line 2served by a well that is not connected to a water distribution
Page 5, Line 3system, as defined in section 25-9-102 (6); or is served by a septic tank, as defined in section 25-10-103 (18);
Page 5, Line 4(b) A parcel where residential use is prevented or limited
Page 5, Line 5by state regulation, federal regulation, or deed restriction pursuant to:
Page 5, Line 6(I) Federal aviation administration restrictions pursuant to 14 CFR 77;
Page 5, Line 7(II) An environmental covenant pursuant to section 25-15-318 to section 25-15-323; or
Page 5, Line 8(III) Flammable gas overlay zoning district restrictions;
Page 5, Line 9(c) A parcel that is used as a cemetery, as defined in section 10-15-102 (2); or
Page 5, Line 10(d) A parcel that is subject to a conservation easement.
Page 5, Line 11(3) "Faith-based organization" means any organization, church, body of communicants, or group that is:
Page 5, Line 12(a) Gathered in common membership for the purpose of
Page 5, Line 13propagating its faith or carrying on humanitarian work related to that faith;
Page 5, Line 14(b) Located on property owned by a nonprofit organization with a religious mission;
Page 5, Line 15(c) Located on property that is used for religious purposes; and
Page 5, Line 16(d) Not organized for private gain or corporate profit.
Page 5, Line 17(4) "Qualifying property" means real property that
Page 5, Line 18contains no more than five acres of land and that has been
Page 6, Line 1owned by a faith-based organization, a school district, as
Page 6, Line 2defined in section 22-30-103 (13), or a state college or university, as defined in section 23-2-102 (15), for at least five years.
Page 6, Line 3(5) "Residential development" means a development with
Page 6, Line 4one or more structures that contains permanent dwelling units and does not contain any temporary housing or shelter space.
Page 6, Line 5(6) "Similar housing" means housing that is similar in form and number of dwelling units.
Page 6, Line 6(7) "Subject jurisdiction" means a local government that
Page 6, Line 7had a population greater than two thousand people as of the last United States census.
Page 6, Line 829-35-503. Residential developments on qualifying properties.
Page 6, Line 9(1) Residential developments onqualifying properties.On or after
Page 6, Line 10December 31, 2026, a subject jurisdiction shall allow a
Page 6, Line 11residential development to be constructed on a qualifying
Page 6, Line 12property that does not contain an exempt parcel, subject to an
Page 6, Line 13administrative approval process and in accordance with section 29-35-504.
Page 6, Line 14(2) Subject jurisdiction administrative practices.Nothing in this section prevents a subject jurisdiction from:
Page 6, Line 15(a) Enforcing infrastructure standards in local law
Page 6, Line 16during the administrative approval process, including standards related to utilities, transportation, or public works codes;
Page 6, Line 17(b) Applying and enforcing a locally adopted life safety code, including a building, fire, utility, or stormwater code;
Page 6, Line 18(c) Adopting generally applicable requirements for the
Page 6, Line 19payment of impact fees or other similar development charges in
Page 7, Line 1accordance with section 29-20-104.5, or the mitigation of impacts in accordance with part 2 of article 20 of this title 29;
Page 7, Line 2(d) Requiring a statement by a water or wastewater
Page 7, Line 3service provider regarding its capacity to service the property as a condition of allowing a residential development;
Page 7, Line 4(e) Enforcing or adopting inclusionary zoning ordinances,
Page 7, Line 5deed restrictions, community benefit agreements, or other housing policies or standards;
Page 7, Line 6(f) Applying standards to allow a residential
Page 7, Line 7development to be constructed on a qualifying property when
Page 7, Line 8such residential development would otherwise be disallowed
Page 7, Line 9based on the standards described in section 29-35-504 (1), or
Page 7, Line 10otherwise offering affordable housing incentives to developers; or
Page 7, Line 11(g) Enacting or applying a local law concerning a
Page 7, Line 12short-term rental, as that term is defined in section 29-35-402 (19), of a dwelling unit on a qualifying property.
Page 7, Line 13(3) School district administrative practices.Nothing in this
Page 7, Line 14section prevents a school district from constructing,
Page 7, Line 15purchasing, or remodeling a teacherage pursuant to section
Page 7, Line 1622-32-110 (1)(d), or from using any of the processes described in section 22-32-124 regarding buildings and structures.
Page 7, Line 17(4) Prohibition on discrimination.A residential development
Page 7, Line 18constructed pursuant to this section is considered housing for
Page 7, Line 19a commercial purpose pursuant to 42 U.S.C. sec. 3607 et seq. Any
Page 7, Line 20person involved in the construction or maintenance of a
Page 7, Line 21residential development pursuant to this section:
Page 8, Line 1(a) Must comply with all federal and state laws
Page 8, Line 2regarding nondiscriminatory access to housing, including the
Page 8, Line 3federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq.; the
Page 8, Line 4"Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et
Page 8, Line 5seq.; and the Colorado anti-discrimination act, parts 3 through 8 of article 34 of title 24; and
Page 8, Line 6(b) May be subject to a discrimination complaint filed with the Colorado civil rights division or other court.
Page 8, Line 729-35-504. Qualifying property requirements for a subject jurisdiction - allowable uses. (1) A subject jurisdiction shall not:
Page 8, Line 8(a) Disallow construction of a residential development
Page 8, Line 9on a qualifying property on the basis of height if the tallest
Page 8, Line 10structure in the residential development is no more than three stories or forty-five feet tall;
Page 8, Line 11(b) Disallow construction of a residential development
Page 8, Line 12on a qualifying property on the basis of height if the tallest
Page 8, Line 13structure in the residential development complies with the height-related standards for:
Page 8, Line 14(I) The zoning district in which the residential development will be built; or
Page 8, Line 15(II) Any zoning district that is contiguous to the
Page 8, Line 16qualifying property on which the residential development will be built;
Page 8, Line 17(c) Disallow construction of a residential development
Page 8, Line 18on a qualifying property based on the number of dwelling units
Page 8, Line 19the residential development will contain, except in accordance
Page 8, Line 20with one of the standards listed in subsection (1)(d) of this section; or
Page 9, Line 1(d) Apply standards to a residential development on a
Page 9, Line 2qualifying property that are more restrictive than the
Page 9, Line 3standards that the subject jurisdiction applies to similar
Page 9, Line 4housing constructed within the subject jurisdiction, including standards related to:
Page 9, Line 5(I) Structure setbacks from property lines;
(II) Lot coverage or open space;
Page 9, Line 6(III) On-site parking requirements;
Page 9, Line 7(IV) Numbers of bedrooms in a multifamily residential development; or
Page 9, Line 8(V) On-site landscaping, screening, and buffering requirements.
Page 9, Line 9(2) Provided that the uses are allowed conditionally or
Page 9, Line 10by right within the zoning district in which a qualifying property
Page 9, Line 11is located, a subject jurisdiction shall allow the following uses in a residential development on a qualifying property:
Page 9, Line 12(a) Childcare; and
Page 9, Line 13(b) The provision of recreational, social, or educational
Page 9, Line 14services provided by community organizations for use by the
Page 9, Line 15residents of the residential development and the surrounding community.
Page 9, Line 16(3) A subject jurisdiction may condition allowance of the uses described in subsection (2) of this section on:
Page 9, Line 17(a) The uses being allowed only on the ground floor of the structures in the residential development; and
Page 9, Line 18(b) The uses occupying no more than fifteen percent of the structures in the residential development.
Page 10, Line 129-35-505. Notification to county assessor.Within two weeks
Page 10, Line 2of a subject jurisdiction allowing the construction of a
Page 10, Line 3residential development on a qualifying property pursuant to
Page 10, Line 4section 29-35-503 (1), the faith-based organization, school
Page 10, Line 5district, or state college or university that owns the qualifying
Page 10, Line 6property shall provide notice of the allowance of the
Page 10, Line 7construction of the residential development to the county
Page 10, Line 8assessor in the county in which the qualifying property is
Page 10, Line 9located. The notice must include the property address, the
Page 10, Line 10assessor's parcel identification number for the property, and the
Page 10, Line 11date on which the residential development was allowed by the subject jurisdiction.
Page 10, Line 12SECTION 2. Safety clause. The general assembly finds,
Page 10, Line 13determines, and declares that this act is necessary for the immediate
Page 10, Line 14preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 15the support and maintenance of the departments of the state and state institutions.