2022 Colorado Code
Title 29 - Government - Local
Article 20 - Local Government Regulation of Land Use
Part 1 - Local Government Land Use Control Enabling Act
§ 29-20-104. Powers of Local Governments - Definition

1. Except as expressly provided in section 29-20-104.5, the power and authority granted by this section does not limit any power or authority presently exercised or previously granted. Each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by:
   1. Regulating development and activities in hazardous areas;
   2. Protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species;
   3. Preserving areas of historical and archaeological importance;
   4. Regulating, with respect to the establishment of, roads on public lands administered by the federal government; this authority includes authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477) but does not include authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized for mining claim purposes by 30 U.S.C. 21 et seq., or under any specific permit or lease granted by the federal government;
   5. Regulating the location of activities and developments which may result in significant changes in population density;
   6. Regulating development or redevelopment in order to promote the construction of new affordable housing units. The provisions of section 38-12-301 shall not apply to any land use regulation adopted pursuant to this section that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. Nothing in this subsection (1)(e.5) is construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of section 38-12-301.
   7. Notwithstanding any other provision of this section, a local government shall not exercise the authority granted by subsection (1)(e.5) of this section unless the local government demonstrates, at the time it enacts a land use regulation for the purpose of exercising such authority, it has taken one or more of the following actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units:
      1. Adopt changes to its zoning and land use policies that are intended to increase the overall density and availability of housing, including but not limited to:
         1. Changing its zoning regulations to increase the number of housing units allowed on a particular site;
         2. Promoting mixed-use zoning that permits housing units to be incorporated in a wider range of developments;
         3. Permitting more than one dwelling unit per lot in traditional single-family lots;
         4. Increasing the permitted household size in single family homes;
         5. Promoting denser housing development near transit stations and places of employment;
         6. Granting reduced parking requirements to residential or mixed-use developments that include housing near transit stations or affordable housing developments;
         7. Granting density bonuses to development projects that incorporate affordable housing units; or
         8. Adopting policies to promote the diversity of the housing stock within the local community including a mix of both for-sale and rental housing opportunities;

      2. Materially reduce or eliminate utility charges, regulatory fees, or taxes imposed by the local government applicable to affordable housing units;
      3. Grant affordable housing developments material regulatory relief from any type of zoning or other land development regulations that would ordinarily restrict the density of new development or redevelopment;
      4. Adopt policies to materially make surplus property owned by the local government available for the development of housing; or
      5. Adopt any other regulatory measure that is expressly designed and intended to increase the supply of housing within the local government's jurisdictional boundaries.

   8. The department of local government shall offer guidance to assist local governments in connection with the implementation of this section.
   9. Providing for phased development of services and facilities;
   10. Regulating the use of land on the basis of the impact of the use on the community or surrounding areas;
   11. Regulating the surface impacts of oil and gas operations in a reasonable manner to address matters specified in this subsection (1)(h) and to protect and minimize adverse impacts to public health, safety, and welfare and the environment. Nothing in this subsection (1)(h) is intended to alter, expand, or diminish the authority of local governments to regulate air quality under section 25-7-128. For purposes of this subsection (1)(h), "minimize adverse impacts" means, to the extent necessary and reasonable, to protect public health, safety, and welfare and the environment by avoiding adverse impacts from oil and gas operations and minimizing and mitigating the extent and severity of those impacts that cannot be avoided. The following matters are covered by this subsection (1)(h):
       1. Land use;
       2. The location and siting of oil and gas facilities and oil and gas locations, as those terms are defined in section 34-60-103 (6.2) and (6.4);
       3. Impacts to public facilities and services;
       4. Water quality and source, noise, vibration, odor, light, dust, air emissions and air quality, land disturbance, reclamation procedures, cultural resources, emergency preparedness and coordination with first responders, security, and traffic and transportation impacts;
       5. Financial securities, indemnification, and insurance as appropriate to ensure compliance with the regulations of the local government; and
       6. All other nuisance-type effects of oil and gas development; and

   12. Otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights.

2. To implement the powers and authority granted in subsection (1)(h) of this section, a local government within its respective jurisdiction has the authority to:
   1. Inspect all facilities subject to local government regulation;
   2. Impose fines for leaks, spills, and emissions; and
   3. Impose fees on operators or owners to cover the reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and to enforce local governmental requirements.

3. 1. To provide a local government with technical expertise regarding whether a preliminary or final determination of the location of an oil and gas facility or oil and gas location within its respective jurisdiction could affect oil and gas resource recovery:
      1. Once an operator, as defined in section 34-60-103 (6.8), files an application for the location and siting of an oil and gas facility or oil and gas location and the local government has made either a preliminary or final determination regarding the application, the local government having land use jurisdiction may ask the director of the oil and gas conservation commission pursuant to section 34-60-104.5 (3) to appoint a technical review board to conduct a technical review of the preliminary or final determination and issue a report that contains the board's conclusions.
      2. Once a local government has made a final determination regarding an application specified in subsection (3)(a)(I) of this section or if the local government has not made a final determination on an application within two hundred ten days after filing by the operator, the operator may ask the director of the oil and gas conservation commission pursuant to section 34-60-104.5 (3) to appoint a technical review board to conduct a technical review of the final determination and issue a report that contains the board's conclusions.

   2. A local government may finalize its preliminary determination without any changes based on the technical review report, finalize its preliminary determination with changes based on the report, or reconsider or do nothing with regard to its already finalized determination.
   3. If an applicant or local government requests a technical review pursuant to subsection (3)(a) of this section, the period to appeal a local government's determination pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure is tolled until the report specified in subsection (3)(a) of this section has been issued, and the applicant is afforded the full period to appeal thereafter.

Source: L. 74: Entire article added, p. 353, § 1, effective May 17. L. 2001, 2nd Ex. Sess.: IP(1) amended, p. 28, § 3, effective November 6. L. 2019: IP(1), (1)(g), and (1)(h) amended and (1)(i), (2), and (3) added, (SB 19-181), ch. 120, p. 503, § 4, effective April 16. L. 2021: (1)(e.5), (1)(e.7), and (1)(e.9) added (HB 21-1117), ch. 202, p. 1065, § 2, effective September 7.

Editor's note: 43 U.S.C. 932, as referenced in subsection (1)(d), was repealed in 1976 by section 706 (a) of Pub.L. 94-579, but said repeal does not terminate any land use right or authorization existing prior to the repeal. See section 701 (a) of Pub.L. 94-579.

Cross references: For the legislative declaration in HB 21-1117, see section 1 of chapter 202, Session Laws of Colorado 2021.