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 land use law that explicitly limits
Page 2, Line 6either the growth of the population in the governmental entity's
Page 2, Line 7jurisdiction or the number of development permits or building permit
Page 2, Line 8applications for residential development or the residential component of
Page 2, Line 9any mixed use development submitted to, reviewed by, approved by, or
Page 2, Line 10issued by a governmental entity for any calendar or fiscal year. As used
Page 2, Line 11in this subsection (2)(a), "land use law" means any statute, resolution,
Page 2, Line 12ordinance, code, rule, regulation, plan, policy, procedure, standard,
Page 2, Line 13initiative, guideline, requirement, or law that regulates the use or division
Page 2, Line 14of property or any interest in property or that explicitly seeks to
Page 2, Line 15impose additional restrictions or limitations on a particular
Page 2, Line 16housing type that exceed a governmental entity's zoning or building codes.
Page 2, Line 17SECTION 2. In Colorado Revised Statutes, 29-20-203, amend
Page 2, Line 18(1.5) as follows:
Page 3, Line 129-20-203. Conditions on land-use approvals. (1.5) When
Page 3, Line 2requiring an owner of private property to dedicate real property to the
Page 3, Line 3public, if the subject property
doesPage 3, Line 4standards for dedication of real property as
determinedPage 3, Line 5by the local government in compliance with subsections (1) and (3)
Page 3, Line 6of this section and section 29-20-201 (3), including dedication to the
Page 3, Line 7parks, trails, or open space systems, a local government shall provide the private property owner the option of paying a fee in lieu of dedication.
Page 3, Line 8SECTION 3. Act subject to petition - effective date. This act
Page 3, Line 9takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 10ninety-day period after final adjournment of the general assembly; except
Page 3, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 12of the state constitution against this act or an item, section, or part of this
Page 3, Line 13act within such period, then the act, item, section, or part will not take
Page 3, Line 14effect unless approved by the people at the general election to be held in
Page 3, Line 15November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.