A Bill for an Act
Page 1, Line 101Concerning local government review of certain fencing
Page 1, Line 102projects.
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, on or after July 1, 2025, and before commencing a project to install or substantially repair a contiguous fence of a certain size in the Sangre de Cristo land grant lands (covered fencing project), a person to submit an application for the covered fencing project to the local government with jurisdiction over the covered fencing project (application). No later than 14 days after the local government's receipt of an application, the local government must publish notice of the application on the local government's website. No later than 60 days after the local government's receipt of an application, the local government must either approve or reject the application based on certain criteria. Despite the criteria, a local government may approve an application if it determines that the benefits of the covered fencing project outweigh the harms. Also, the governing body of a local government may pass an ordinance or resolution opting out of these requirements.
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 29-20-112 as
Page 2, Line 3follows:
Page 2, Line 429-20-112. Local government review of certain fencing
Page 2, Line 5projects in the Sangre de Cristo land grant lands - requirement to opt
Page 2, Line 6in - exemptions - definitions - legislative declaration. (1) (a) The
Page 2, Line 7general assembly finds and determines that:
Page 2, Line 8(I) The Sangre de Cristo land grant lands are a place of
Page 2, Line 9rich history and tradition and contain an abundance of wildlife
Page 2, Line 10and vegetation that are of great significance to the entire
Page 2, Line 11state;
Page 2, Line 12(II) The Sangre de Cristo land grant lands are at risk of
Page 2, Line 13landowners undertaking environmentally damaging fencing
Page 2, Line 14projects without oversight or intervention by a local
Page 2, Line 15government;
Page 2, Line 16(III) These fencing projects deny wildlife access to water,
Page 2, Line 17food, and shelter that the wildlife depends on to survive and
Page 2, Line 18also disturb established migration patterns;
Page 2, Line 19(IV) These fencing projects also adversely impact the
Page 2, Line 20vegetation that helps to prevent soil erosion, maintain water
Page 2, Line 21quality, and provide a habitat for wildlife; and
Page 3, Line 1(V) Therefore, review of certain fencing projects in the
Page 3, Line 2Sangre de Cristo land grant lands by local governments:
Page 3, Line 3(A) Is necessary to avoid negative impacts to wildlife and
Page 3, Line 4vegetation before the fencing project commences; and
Page 3, Line 5(B) Allows local governments the flexibility to approve
Page 3, Line 6the fencing project if the local government determines that the
Page 3, Line 7benefits of the fencing project outweigh the harms.
Page 3, Line 8(b) The general assembly therefore declares that the
Page 3, Line 9review of certain fencing projects in the Sangre de Cristo land
Page 3, Line 10grant lands by local governments is a matter of statewide
Page 3, Line 11concern and has a significant environmental benefit to the
Page 3, Line 12state.
Page 3, Line 13(2) As used in this section, unless the context otherwise
Page 3, Line 14requires:
Page 3, Line 15(a) "Contiguous" means that each portion of fence is no
Page 3, Line 16more than three feet from a directly adjacent portion of fence.
Page 3, Line 17(b) (I) "Covered fencing project" means a project to install
Page 3, Line 18or substantially repair a contiguous fence that is partially or
Page 3, Line 19entirely in the Sangre de Cristo land grant lands and that upon
Page 3, Line 20completion will:
Page 3, Line 21(A) Enclose a space and will be no lower than five feet in
Page 3, Line 22height at any point along the fence and will be one mile in
Page 3, Line 23length or longer; or
Page 3, Line 24(B) Not enclose a space and will be no lower than five
Page 3, Line 25feet in height at any point along the fence and will be one-half
Page 3, Line 26mile in length or longer.
Page 3, Line 27(II) "Covered fencing project" includes the addition of
Page 4, Line 1height or length to a contiguous fence that causes the
Page 4, Line 2contiguous fence to meet the height and length specifications
Page 4, Line 3described in subsection (2)(b)(I) of this section.
Page 4, Line 4(c) "Disturbance" means a disturbance of more than one
Page 4, Line 5acre of topsoil.
Page 4, Line 6(d) "Fence" includes gates.
Page 4, Line 7(e) "Prison" means a:
Page 4, Line 8(I) Correctional facility, as defined in section 17-1-102
Page 4, Line 9(1.7);
Page 4, Line 10(II) Local jail, as defined in section 17-1-102 (7); or
Page 4, Line 11(III) Private contract prison, as defined in section 17-1-102
Page 4, Line 12(7.3).
Page 4, Line 13(f) "Public school" has the meaning set forth in section
Page 4, Line 1422-1-144 (1)(d).
Page 4, Line 15(g) "Public utility" has the meaning set forth in section
Page 4, Line 1640-1-103 (1)(a)(I).
Page 4, Line 17(h) "Sangre de Cristo land grant lands" means the portion
Page 4, Line 18of lands in Colorado that is covered by the Sangre de Cristo
Page 4, Line 19land grant, which was granted to settlers by Mexico in 1844 and
Page 4, Line 20confirmed by the United States in 1848 through the treaty of
Page 4, Line 21Guadalupe Hidalgo.
Page 4, Line 22(i) "Substantially repair" means a level of repair that
Page 4, Line 23requires at least one-half mile of fence to be taken down and
Page 4, Line 24reinstalled.
Page 4, Line 25(3) (a) On or after July 1, 2025, before commencing a
Page 4, Line 26covered fencing project, a person shall submit an application for
Page 4, Line 27the covered fencing project to the local government with
Page 5, Line 1jurisdiction over the covered fencing project. If two or more
Page 5, Line 2adjacent local governments have jurisdiction over the covered
Page 5, Line 3fencing project, the person shall submit the application for the
Page 5, Line 4covered fencing project to the local government with the
Page 5, Line 5jurisdiction that will contain the most fence when the covered
Page 5, Line 6fencing project is complete. The application must contain, at a
Page 5, Line 7minimum, the following information:
Page 5, Line 8(I) Fence height;
Page 5, Line 9(II) Fence length;
Page 5, Line 10(III) Fence type;
Page 5, Line 11(IV) Fence material;
Page 5, Line 12(V) Adjustments made to allow for wildlife passage;
Page 5, Line 13(VI) Whether a disturbance has occurred or will occur as
Page 5, Line 14a result of the fencing project;
Page 5, Line 15(VII) Migration and hunting patterns in the area of the
Page 5, Line 16fencing project;
Page 5, Line 17(VIII) The purpose of the fencing project; and
Page 5, Line 18(IX) Any other information relevant to the local
Page 5, Line 19government's decision pursuant to subsection (3)(c) of this
Page 5, Line 20section.
Page 5, Line 21(b) No later than fourteen days after the local
Page 5, Line 22government's receipt of an application described in subsection
Page 5, Line 23(3)(a) of this section, the local government shall publish notice
Page 5, Line 24of the application on the local government's website.
Page 5, Line 25(c) No later than sixty days after the local government's
Page 5, Line 26receipt of an application described in subsection (3)(a) of this
Page 5, Line 27section, the local government shall either approve or reject the
Page 6, Line 1application based on whether:
Page 6, Line 2(I) There is a rational purpose for the covered fencing
Page 6, Line 3project;
Page 6, Line 4(II) The covered fencing project would have an adverse
Page 6, Line 5impact on hunters' rights;
Page 6, Line 6(III) The covered fencing project would have an adverse
Page 6, Line 7impact on surrounding floodplains;
Page 6, Line 8(IV) The applicant intends to complete necessary
Page 6, Line 9revegetation as a result of the covered fencing project; and
Page 6, Line 10(V) The covered fencing project would significantly
Page 6, Line 11degrade the aesthetic value of the surrounding landscape.
Page 6, Line 12(d) Except as set forth in subsection (3)(e) of this section,
Page 6, Line 13a local government shall not approve an application submitted
Page 6, Line 14pursuant to subsection (3)(a) of this section unless the applicant
Page 6, Line 15demonstrates that the covered fencing project will:
Page 6, Line 16(I) Provide passage for large mammalian wildlife through
Page 6, Line 17an opening that is at least twenty feet wide and has a height of
Page 6, Line 18not more than forty-two inches from the ground to the top rail
Page 6, Line 19or wire for at least every one-fourth mile of fence;
Page 6, Line 20(II) Provide passage for small mammalian wildlife
Page 6, Line 21through an opening that is at least five feet wide and has a
Page 6, Line 22height of at least sixteen inches from the ground to the bottom
Page 6, Line 23rail or wire for at least every one-tenth mile of fence; and
Page 6, Line 24(III) Not cause a disturbance, unless the applicant has
Page 6, Line 25obtained any necessary permit from the department of public
Page 6, Line 26health and environment.
Page 6, Line 27(e) Notwithstanding this subsection (3), the local
Page 7, Line 1government may approve an application pursuant to subsection
Page 7, Line 2(3)(c) of this section if the local government determines that the
Page 7, Line 3benefits of the covered fencing project outweigh the harms.
Page 7, Line 4(f) Notwithstanding this subsection (3), a local
Page 7, Line 5government shall not require a person commencing a covered
Page 7, Line 6fencing project to submit an application pursuant to subsection
Page 7, Line 7(3)(a) of this section or pay a fee associated with submitting an
Page 7, Line 8application if the local government finds that the covered
Page 7, Line 9fencing project presents no significant environmental impacts.
Page 7, Line 10(4) (a) A local government ordinance, resolution,
Page 7, Line 11regulation, or other law that is more strict than one or more of
Page 7, Line 12the standards described in subsection (3) of this section
Page 7, Line 13supersedes the conflicting standard or standards described in
Page 7, Line 14subsection (3) of this section for any applications submitted
Page 7, Line 15within the local government's jurisdiction.
Page 7, Line 16(b) A local government is only subject to the
Page 7, Line 17requirements of this section if the governing body of the local
Page 7, Line 18government adopts an ordinance, resolution, regulation, or
Page 7, Line 19other law declaring that the local government opts into the
Page 7, Line 20requirements of this section.
Page 7, Line 21(5) This section does not apply to a covered fencing
Page 7, Line 22project that is necessary for:
Page 7, Line 23(a) A project by a public utility or the department of
Page 7, Line 24transportation;
Page 7, Line 25(b) The safety or security of a public school or a prison;
Page 7, Line 26or
Page 7, Line 27(c) Fences provided by the division of parks and wildlife
Page 8, Line 1pursuant to part 1 of article 3 of title 33.
Page 8, Line 2SECTION 2. Applicability. This act applies to covered fencing
Page 8, Line 3projects commencing on or after July 1, 2025.
Page 8, Line 4SECTION 3. Safety clause. The general assembly finds,
Page 8, Line 5determines, and declares that this act is necessary for the immediate
Page 8, Line 6preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 7the support and maintenance of the departments of the state and state
Page 8, Line 8institutions.