Colorado Building Code & Construction Permit Law

Colorado Code · 127 sections

The following is the full text of Colorado’s building code & construction permit law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 10-4-110.8

10-4-110.8. Homeowner's insurance - prohibited and required practices - estimates of replacement value - additional living expense coverage - copies of policies - personal property contents coverage - inventory of personal property - requirements concerning total loss scenarios resulting from wildfire disasters - definitions - rules. (1) An insurer may not cancel or fail to renew coverage of an insured solely because the insured inquires about coverage for homeowner's insurance and the inquiry is not related to an actual claim to the property insured.

(2)  An insurer may only provide information regarding claims to an entity

that compiles or monitors personal claim or loss experience shared by insurers for underwriting or rating purposes.

(3)  As used in this section, unless the context otherwise requires:


(a)  Additional living expense coverage or ALE covers increased living

expenses during the time required to repair or replace damage to the policyholder's dwelling unit following an insured loss or, if the policyholder permanently relocates, the time required to move the policyholder's household to a new location.

(b)  Claim includes a demand for payment of a benefit by the insured, the

payment of a covered benefit by an insurer, a loss reserve established by the insurer, a loss adjustment expense incurred by the insurer, or a payment made to the insured.

(c)  Dwelling means a single-family home, other than a mobile home,

condominium, or manufactured home, that is used as a primary residence by the owner of the dwelling.

(d)  Extended replacement cost coverage pays a designated amount above

the policy limit to replace a damaged structure if necessary under current building conditions.

(d.7)  Inflation protection coverage means coverage that provides

automatic adjustments of the coverage amount on the dwelling or structure being insured to protect against the impact of inflation.

(e)  Inquiry means a request for information regarding the terms, conditions,

or coverages afforded under an insurance contract.

(f)  Law and ordinance coverage means coverage for increased costs of

demolition, construction, renovation, or repair associated with the enforcement of building ordinances and laws.

(g) (I)  Owner-occupied residence means a residence that is occupied

primarily for the use of the owner and the owner's designees.

(II)  Owner-occupied residence includes, but is not limited to, an owner-occupied primary residence.


(III)  Owner-occupied residence does not include any property that is

insured under a commercial insurance or agribusiness policy.

(h)  Recoverable depreciation means the difference between the cost to

replace insured property and the actual cash value of the property.

(i)  Wildfire means a rapidly spreading fire that is difficult to bring under

control in an area that includes combustible vegetation, such as trees, grass, brush, or bushes, which fire causes widespread or severe damage to property, regardless of the original source of ignition of the fire.

(4)  Every insurer issuing a policy of homeowner's insurance shall comply

with section 10-3-1104 (1)(h) and all other provisions of part 11 of article 3 of this title.

(5) (a)  In a common interest community, as defined in section 38-33.3-103

(8), C.R.S., a unit owner may file a claim against the policy of the unit owners' association to the same extent, and with the same effect, as if the unit owner were a named insured if the following conditions are met:

(I)  The unit owner has contacted the executive board or the association's

managing agent in writing, and in accordance with any applicable association policies or procedures for owner-initiated insurance claims, regarding the subject matter of the claim;

(II)  The unit owner has given the association at least fifteen days to respond

in writing, and, if so requested, has given the association's agent a reasonable opportunity to inspect the damage; and

(III)  The subject matter of the claim falls within the association's insurance

responsibilities.

(b)  The association's insurer, when determining premiums to be charged to

the association, shall not take into account any request by a unit owner for a clarification of coverage.

(6) (a) (I)  Before issuance or renewal of a replacement-cost homeowner's

insurance policy whose dwelling limit is equal to or greater than the estimated replacement cost of the residence, the insurer shall make available to an applicant the opportunity to obtain extended replacement-cost coverage and law and ordinance coverage. At a minimum, the insurer shall offer law and ordinance coverage in an amount of insurance equal to twenty percent of the limit of the insurance for the dwelling and extended replacement-cost coverage in an amount of insurance that is at least fifty percent of the limit of the insurance for the dwelling. Information provided must be accompanied by an explanation of the purpose, terms, and cost of these coverages. This subsection (6)(a) does not apply to any homeowner's insurance policy that already includes guaranteed replacement cost coverage, inflation protection coverage, extended replacement-cost coverage, or law and ordinance coverage in amounts greater than or equal to the amounts specified in this subsection (6)(a).

(II)  No later than January 1, 2025, and as prescribed by the commissioner by

rule, the insurer shall:

(A)  List on the declaration page of the policy, in bold and in twelve-point

type, whether a consumer purchased or rejected the additional coverages listed in this subsection (6)(a); and

(B)  Provide the premium cost associated with the rejected additional

coverages listed in this subsection (6)(a) in a separate notice with the application or renewal of the policy.

(b)  All homeowner's insurance replacement-cost policies for a dwelling must

include additional living expense coverage. This coverage must be available for a period of at least twelve months and is subject to other policy provisions. Insurers shall offer policyholders the opportunity to purchase a total of twenty-four months of ALE coverage and give an applicant an explanation of the purpose, terms, and cost of this coverage. This paragraph (b) does not apply to any homeowner's insurance policy that already includes at least twenty-four months of ALE coverage as a standard provision.

(7) (a)  The text of all endorsements, summary disclosure forms, and

homeowner's insurance policies must not exceed the tenth-grade reading level, as measured by the Flesch-Kincaid grade level formula, or must not score less than fifty as measured by the Flesch reading ease formula. Insurers shall revise all homeowner's insurance policies issued or renewed in Colorado on or after January 1, 2015, to comply with this subsection (7). Thereafter, all homeowner's insurance policies must comply with this subsection (7).

(b)  For the purposes of this subsection (7):


(I)  A contraction, hyphenated word, or numbers and letters, when separated

by spaces, count as one word;

(II)  A unit of words ending with a period, semicolon, or colon, but excluding

headings and captions, count as a sentence; and

(III)  A syllable means a unit of spoken language consisting of one or more

letters of a word as divided by an accepted dictionary. If the dictionary shows two or more equally acceptable pronunciations of a word, a pronunciation containing fewer syllables may be used.

(IV)  Text includes all printed matter except the following:


(A)  The name and address of the insurer; the name, number, or title of the

policy; the table of contents or index; captions and subcaptions; and specification pages, schedules, or tables; and

(B)  Any policy language that is drafted to conform to the requirements of a

federal law or regulation; any policy language required by a collectively bargained agreement; any medical terminology; any words that are defined in the policy; and any policy language required by law or regulation if the insurer identifies the language or terminology excepted and certifies in writing that the language or terminology is entitled to be excepted.

(8)  The insurer must consider the following factors as a basis for

establishing the reconstruction cost of a dwelling:

(a)  The reconstruction cost estimated from the annual report prepared

pursuant to section 10-1-144;

(b)  The reconstruction cost estimating software used and the software

estimate;

(c)  Specific reconstruction expenses, including:


(I)  Labor, building materials, and supplies;


(II)  A contractor's overhead and profit;


(III)  Demolition and debris removal;


(IV)  Cost of permits and architect's plans and fees; and


(V)  Features of the structure, including:


(A)  The foundation type;


(B)  The type of frame;


(C)  Roofing materials and type of roof;


(D)  Siding materials and type of siding;


(E)  Square footage;


(F)  Number of stories;


(G)  Any wall heights that are not standard;


(H)  Interior features and finishes, such as the heating and air conditioning

system, walls, flooring, ceiling, fireplaces, kitchen, and bathrooms;

(I)  The age of the original structure or the year of the original structure's

construction; and

(J)  The size and type of any attached garage; and


(d)  An estimate from a contractor or an architect licensed pursuant to article

120 of title 12, if submitted by the policyholder.

(9)  At renewal of a homeowner's insurance policy, the insurer shall provide

written notification to the policyholder describing changes in insurance policy language that are applicable to that renewal period.

(9.5) (a)  At application and renewal of a replacement-cost homeowner's

insurance policy for a dwelling that is issued or renewed on and after January 1, 2025, the insurer shall:

(I)  Provide the applicant or policyholder with an estimate of the cost

necessary to reconstruct the covered structure;

(II)  Disclose to the applicant or policyholder, in a form and manner prescribed

by the commissioner by rule:

(A)  How the estimate was calculated, taking into account the factors listed

in subsection (8) of this section; and

(B)  The reconstruction costs for homes as detailed in the annual report

required in section 10-1-144 for the same geographic area of the insured's home;

(III)  Provide copies of any generated estimates from any software or tools or

services used by the insurer to establish the reconstruction costs; and

(IV)  Provide the applicant or policyholder with the web address of, or a link

to, the report prepared pursuant to section 10-1-144.

(b)  An insurer otherwise subject to this subsection (9.5) does not have to

comply with the requirements of this subsection (9.5) if:

(I)  Within the two years prior to the offer of renewal of the homeowner's

insurance policy, the policyholder has requested and the insurer has provided coverage limits greater than the limits previously selected by the policyholder; or

(II)  In connection with its annual offer to renew the policy, the insurer has

offered the policyholder, on an every-other-year basis, the right to recalculate the reconstruction cost estimate, and the policy includes inflation protection coverage.

(10) (a)  A homeowner's insurance carrier shall make available to a

policyholder an electronic or paper copy of the policyholder's insurance policy, including the declaration page and any endorsements, within three business days after a request from the policyholder. The policyholder shall determine the method of delivery.

(b)  A homeowner's insurance carrier shall make available to a policyholder a

certified copy of the policyholder's insurance policy within thirty calendar days after a written request from the policyholder is received by the insurance carrier's registered agent.

(c) (I)  A homeowner's insurance carrier that fails to make available a certified

copy of an insurance policy to a requesting policyholder within thirty calendar days pursuant to subsection (10)(b) of this section is liable to the requesting policyholder for a penalty in the amount of fifty dollars per day, beginning on the thirty-first calendar day after the insurance carrier's registered agent receives the policyholder's request. The penalty accrues daily until the insurance carrier makes the certified copy of the homeowner's insurance policy available to the requesting policyholder.

(II)  A homeowner's insurance carrier that violates subsection (10)(b) of this

section is responsible for reasonable attorney fees and costs that a requesting policyholder incurs enforcing this subsection (10)(c).

(11) (a)  In the event of a total loss of the contents of an owner-occupied

primary residence that was furnished at the time of loss, the insurer shall offer the policyholder a minimum of thirty percent, or a larger percent by mutual agreement of the policyholder and insurer, of the value of the contents coverage reflected in the declaration page of the homeowner's policy without requiring submittal of a written inventory of the contents. In order to receive up to the full value of the contents coverage, the policyholder may accept the offer under this paragraph (a) and submit a written inventory as required by the insurer.

(b)  If the policyholder receives the depreciated value of contents insured

under a policy, the insurer must make available to the insured the methodology used for determining the depreciated value of the insured contents.

(c) (I)  An insurer shall allow the policyholder at least three hundred sixty-five

days after a total loss claim to submit an inventory of lost or damaged property.

(II)  An insurer shall allow the policyholder at least three hundred sixty-five

days after expiration of ALE to replace property and receive recoverable depreciation on that property.

(12) (a)  Notwithstanding any provision of a homeowner's insurance policy

that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law, a homeowner may file such a suit within the period of time allowed by the applicable statute of limitations; except that this paragraph (a):

(I)  Does not revive a cause of action that, as of May 10, 2013, has already

been barred by contract; and

(II)  Applies only to a cause of action that, as of May 10, 2013, has not been

barred by contract.

(b)  On and after January 1, 2014, an insurer shall not issue or renew a

homeowner's insurance policy that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law.

(13)  In offering, issuing, or renewing a homeowner's insurance policy in this

state, an insurer shall comply with the following minimum requirements concerning coverage provided under the policy to policyholders to protect them from damages that occur in the event of a total loss of an owner-occupied residence, including the contents of the owner-occupied residence, which loss occurs as a result of a wildfire disaster that the governor declares pursuant to section 24-33.5-704:

(a)  A policy of homeowner's insurance may not limit or deny a payment of the

building code upgrade cost or a payment of any extended replacement cost available under the policy coverage for a policyholder's structure that was a total loss on the basis that the policyholder decided to rebuild in a new location or to purchase an existing structure in a new location if the policy otherwise covers the replacement cost or building code upgrade cost; except that the measure of indemnity may not exceed the replacement cost, including the upgrade costs and extended replacement cost for repairing, rebuilding, or replacing the structure at the original location of the loss.

(b)  If a policy of homeowner's insurance requires a policyholder to repair,

rebuild, or replace damaged or lost property in order to collect the full replacement cost for the property, the insurer, subject to the policy limits, shall:

(I)  Allow the policyholder at least thirty-six months to submit receipts and

invoices for the replacement costs of the insured owner-occupied residence, which period begins on the date upon which the insurer provides the initial payment toward the actual cash value of the damage or loss; and

(II)  Provide that, in addition to the period described in subsection (13)(b)(I) of

this section, the policyholder has the option to twice extend such period by six months if the policyholder, acting in good faith and with reasonable diligence, encounters unavoidable delays in obtaining a construction permit, lacks necessary construction materials, lacks available contractors to perform necessary work, or encounters other circumstances beyond the policyholder's control. This subsection (13)(b)(II) does not prohibit an insurer from allowing a policyholder additional time to collect the full replacement cost for lost or damaged property or for additional living expenses.

(c)  The policy must include additional living expense coverage to apply in the

event of such a loss. Notwithstanding subsection (6)(b) of this section, additional living expense coverage must be available for a period of at least twenty-four months, and the insurer shall offer the policyholder the opportunity to twice extend such period by six months if the policyholder, acting in good faith and with reasonable diligence, encounters a delay or delays in receiving necessary permit approvals for, or reconstruction of, the insured owner-occupied residence, which delays are beyond the control of the policyholder.

(d)  The policy must provide that, notwithstanding subsection (11)(c) of this

section, to replace personal property and receive recoverable depreciation on that property, an insurer shall allow the policyholder the greater of:

(I)  At least three hundred sixty-five days after the expiration of ALE; or


(II)  Thirty-six months after the insurer provides the policyholder the first

payment toward the actual cash value of such loss.

(e)  The policy must provide that the insurer will pay the policyholder for the

loss of use of the insured property within twenty days after the insurer receives documentation of such loss, which documentation may include a signed lease that obligates the policyholder to pay for temporary replacement housing; except that:

(I)  If a policyholder provides a signed lease as documentation, the insurer

may pay the policyholder in monthly or other increments, in accordance with the terms of the lease; and

(II)  Alternatively, an insurer may provide advance rent payments for housing

for the policyholder, family members, livestock, and pets, as necessary.

(f)  The policy must provide that the policyholder may either:


(I)  Replace the insured owner-occupied residence at the current location or

another location, in either of which case the calculation of the replacement cost of the insured owner-occupied residence shall not include consideration of the value of the land upon which the replacement residence is located; or

(II)  Use the proceeds from the policy to purchase an existing residence at a

new location, in which case the calculation of the replacement cost of the insured owner-occupied residence shall not include consideration of the value of the land upon which the existing residence is located.

(g)  The policy must allow a policyholder to use claims payments resulting

from coverage against the loss of outbuildings, dwelling extensions, and other structures to pay the costs of a replacement residence if the coverage limit that applies to the policyholder's owner-occupied residence is insufficient to pay for rebuilding or replacing the owner-occupied residence. Any claims payments for losses pursuant to this subsection (13)(g) for which replacement cost coverage is applicable shall be for the full replacement value of the loss without requiring actual replacement of the other structures. Claims payments for other structures in excess of the amount applied toward the necessary cost to rebuild or replace the damaged or destroyed dwelling shall be paid according to the terms of the policy.

(h)  Within a reasonable amount of time after receiving a claim under an

issued policy, an insurer shall provide to the policyholder:

(I)  Appropriate contact information that allows for direct contact with either

an employee of the insurer or a representative who is capable of elevating complaints or inquiries to an employee of the insurer;

(II)  At least one means of communication during regular business hours; and


(III)  A written status report if, within a six-month period, the policyholder is

assigned a third or subsequent adjuster to be primarily responsible for a claim. The written status report must include a summary of any decisions or actions that are substantially related to the disposition of a claim, including the amount of losses to structures or contents, the retention or consultation of design or construction professionals, the amount of coverage for losses to structures or contents, and all items of dispute.

(14)  If a homeowner's insurance policyholder experiences a total loss of the

contents of an owner-occupied residence that was documented as being furnished at the time of loss as a result of a wildfire disaster that is declared by the governor pursuant to section 24-33.5-704, the insurer shall:

(a)  Notwithstanding subsection (11)(a) of this section, offer the policyholder a

minimum of sixty-five percent, or a larger percent by mutual agreement of the policyholder and insurer, of the limit of the contents coverage indicated in the declaration page of the policy without requiring the policyholder to submit a written inventory of the contents;

(b)  Notify the policyholder that:


(I)  Acceptance of the money described in subsection (14)(a) of this section

does not change the benefits available under the policy;

(II)  Additional money may be available if the policyholder submits an

inventory; and

(III)  The insurer is required, pursuant to subsection (11)(b) of this section, to

disclose its methodology for determining the depreciated value of the contents of insured property;

(c) (I)  If the policyholder submits an inventory of personal property losses in

an amount that exceeds the amount paid to the policyholder pursuant to subsection (14)(a) of this section:

(A)  Request any additional information concerning the inventory no later

than thirty days after receiving the inventory; and

(B)  Provide payment for any covered and undisputed items within thirty days

after receiving the inventory.

(II)  The commissioner shall adopt rules to simplify the process for

policyholders to submit an inventory for personal property losses and expedite reimbursement for such losses.

(d)  Provide payment for covered costs associated with the removal of debris

within sixty days after receiving an invoice, receipt, or other documentation indicating the date and cost of the removal of the debris; except that, in cases where debris removal is conducted by, or in coordination with, governmental entities, payment for covered costs for removal of debris will be provided within a reasonable amount of time; and

(e)  Provide payment for any covered loss of trees, shrubs, and landscaping

within thirty days after the insurer receives documentation of such loss, such as documentation from a reputable landscaping company, showing the number and nature of trees, shrubs, and landscaping features damaged or destroyed.

(15)  The commissioner may adopt rules as necessary to implement this

section, including rules regarding:

(a)  The information that insurers must consider in estimating reconstruction

costs;

(b)  The use of reconstructing cost estimator tools and services; and


(c)  The requirements to provide information in the summary disclosure form

to consumers that explains replacement cost coverage, actual cash value coverage, and the ability of consumers to purchase affordable coverage.

(16) (a)  An insurer shall not refuse to issue, cancel, refuse to renew, or

increase a premium or rate for a homeowner's insurance policy, a dwelling fire insurance policy, a commercial policy for multifamily units, or a policy to cover the contents of a structure used for a residence and occupied by an owner or renter based on the breed or mixture of breeds of a dog that is kept at the dwelling, multifamily unit, or structure used as a residence.

(b)  This subsection (16) does not prohibit an insurer from refusing to issue,

canceling, refusing to renew, or imposing a reasonable increase to a premium or rate for a homeowner's insurance policy, a dwelling fire insurance policy, a commercial policy for multifamily units, or a policy to cover the contents of a structure used for a residence and occupied by an owner or renter based on sound underwriting and actuarial principles on the basis that a particular dog kept at the dwelling, multifamily unit, or structure used as a residence is known to be dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.

(c)  An insurer may not ask or otherwise inquire about the specific breed or

mixture of breeds of a dog that is kept at the dwelling except to ask if the dog is known to be dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.

(d)  As used in this subsection (16), dwelling includes a dwelling unit as

defined in section 38-12-502 (3).

Source: L. 2004: Entire section added, p. 1972, � 3, effective August 4; entire

section added, p. 1981, � 2, effective January 1, 2005. L. 2005: (3) and (4) amended and (5) added, p. 1390, � 20, effective January 1, 2006. L. 2006: (5) amended, p. 1226, � 16, effective May 26. L. 2013: (12) added, (HB 13-1225), ch. 183, p. 672, � 2, effective May 10; (3) amended and (6) to (11) added, (HB 13-1225), ch. 183, p. 672, � 2, effective January 1, 2014. L. 2022: IP(3) and (3)(g) amended and (3)(h), (3)(i), (13), (14), and (15) added, (HB 22-1111), ch. 305, p. 2204, � 1, effective August 10. L. 2023: (3)(d.7) and (9.5) added and (6)(a) and (15) amended, (HB 23-1174), ch. 168, p. 820, � 3, effective August 7; (16) added, (HB 23-1068), ch. 416, p. 2463, � 2, effective January 1, 2024; (8) amended, (HB 23-1174), ch. 168, p. 820, � 3, effective January 1, 2025. L. 2025: (10) amended, (HB 25-1322), ch. 406, p. 2315, � 1, effective August 6; (16)(a) and (16)(b) amended, (HB 25-1207), ch. 224, p. 1025, � 1, effective August 6.

Editor's note: (1)  Section 2(2) of chapter 406 (HB 25-1322), Session Laws of

Colorado 2025, provides that the act changing this section applies to requests made on or after August 6, 2025.

(2)  Section 3(2) of chapter 224 (HB 25-1207), Session Laws of Colorado

2025, provides that section 1 of the act changing this section applies to insurance policies issued or renewed on or after August 6, 2025.

Cross references: (1)  In 2013, subsection (3) was amended and subsections

(6) to (12) were added by the Homeowner's Insurance Reform Act of 2013. For the short title, see section 1 of chapter 183, Session Laws of Colorado 2013.

(2)  For the legislative declaration in HB 23-1068, see section 1 of chapter

416, Session Laws of Colorado 2023.

C.R.S. § 12-115-107

12-115-107. Board powers and duties - rules - definitions. (1) (a) The board, annually in the month of July, shall elect from its membership a chair and vice-chair. The board shall meet at least annually and at such other times as it deems necessary.

(b)  A majority of the board shall constitute a quorum for the transaction of

all business.

(2)  In addition to all other powers and duties conferred or imposed upon the

board by this article 115, the board is authorized to:

(a) (I)  Adopt, and from time to time revise, rules pursuant to section 12-20-204. In adopting the rules, the board shall be governed when appropriate by the

standards in the most current edition of the national electrical code or by any modifications to the standards made by the board after a hearing is held pursuant to the provisions of article 4 of title 24. These standards are adopted as the minimum standards governing the planning, laying out, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power in this state. A copy of the code shall be kept in the office of the board and open to public inspection. Nothing contained in this section prohibits any city, town, county, city and county, or qualified state institution of higher education from making and enforcing any such standards that are more stringent than the minimum standards adopted by the board, and any city, town, county, city and county, or qualified state institution of higher education that adopts more stringent standards shall furnish a copy thereof to the board. The standards adopted by the board shall be prima facie evidence of minimum approved methods of construction for safety to life and property. The affirmative vote of two-thirds of all appointed members of the board is required to set any standards that are different from those set forth in the national electrical code. If requested in writing, the board shall send a copy of newly adopted standards and rules to any interested party at least thirty days before the implementation and enforcement of the standards or rules. The copies may be furnished for a fee established pursuant to section 12-20-105.

(II)  In the event of a conflict between the 2021 international energy

conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a), the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a) prevail.

(b)  Register apprentices and register and renew the registration of qualified

electrical contractors and examine, license, and renew licenses of journeymen electricians, master electricians, and residential wiremen as provided in this article 115;

(c)  Cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating this article 115 and incur necessary expenses therefor;


(d)  Inspect and approve or disapprove the installation of electrical wiring,

renewable energy systems, apparatus, or equipment for electric light, heat, and power according to the minimum standards in the national electrical code or as prescribed in this article 115. With respect to:

(I)  An inverter-based hydroelectric energy facility generating one hundred

kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, an inspector shall inspect a hydroelectric energy installation in accordance with the minimum standards set forth in the edition of the national electrical code in effect on May 29, 2015; however, if a micro hydro assembly manufactured for the purpose of generating electricity in a micro hydro system uses an inverter that is listed and identified for interconnection service, the inspector shall deem the system's equipment compliant with section 705.4 of the edition of the national electrical code in effect on May 29, 2015. For purposes of this subsection (2)(d), a micro hydro system means a hydroelectric generation system that generates one hundred kilowatts or less.

(II)  An induction-based hydroelectric energy facility generating one hundred

kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, the installation of a hydroelectric energy turbine, induction generator, and control panel shall be certified:

(A)  To a listing standard by a field evaluation body or nationally recognized

testing laboratory; or

(B)  By a professional engineer, by means of signing and stamping

documentation of the project, as required in a form and manner determined by the board, indicating that the installation meets design criteria set forth in the Institute of Electrical and Electronics Engineers' (IEEE) standard for interconnecting distributed resources with electric power systems.

(e)  Apply any hydroelectric energy provisions of an updated national

electrical code, notwithstanding any provision in subsection (2)(d) of this section to the contrary, if the national electrical code is updated to address hydroelectric energy specifically;

(f) (I)  Regulate a licensed master electrician, journeyman electrician,

residential wireman, or photovoltaic installer who, acting within their scope of competence, supervises a solar photovoltaic installation pursuant to section 40-2-128.

(II)   All photovoltaic electrical work for installations of at least three hundred

kilowatts, including the interconnection of the modules, grounding of the modules, any balance of system wiring, and the customer-side point of connection to the utility grid, must:

(A)  Be performed by a licensed master electrician, a licensed journeyman

electrician, a licensed residential wireman, or properly supervised electrical apprentices; and

(B)  Comply with all applicable requirements of this article 115, including

sections 12-115-109 and 12-115-115, and all applicable rules of the board.

(III)  Only an electrical contractor or a photovoltaic installer may perform or

offer to perform photovoltaic electrical work for installations of less than three hundred kilowatts.

(f.5)  Regulate photovoltaic electrical work for installations of less than three

hundred kilowatts performed in accordance with section 40-2-128;

(g)  Review and approve or disapprove requests for exceptions to the national

electrical code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens, as long as public safety is not compromised;

(h)  Conduct investigations and hearings and gather evidence in accordance

with the provisions of sections 12-20-403 and 24-4-105;

(i)  Enter into reciprocal licensing agreements with the electrical board, or its

equivalent, of another state or states where the qualifications for electrical licensing are substantially equivalent to licensure requirements in Colorado;

(j)  Find, upon holding a hearing, that an incorporated town or city, county,

city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 115 if the local inspection authority, including a qualified state institution of higher education, has failed to adopt or adhere to the minimum standards required by this article 115 within twelve months after the board has adopted the standards by rule pursuant to this subsection (2);

(k)  Issue an order to cease and desist from issuing permits or performing

inspections under this article 115 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 115 pursuant to subsection (2)(j) of this section;

(l)  Apply to a court to enjoin an incorporated town or city, county, city and

county, or qualified state institution of higher education from violating an order issued pursuant to subsection (2)(k) of this section.

(3) (a)  No later than September 1, 2023, the board shall promulgate rules

requiring that, to obtain an electrical permit under this article 115 on or after March 1, 2024, a permit applicant must comply with the EV power transfer infrastructure requirements for multifamily buildings in the model electric ready and solar ready code.

(b) (I)  If the rules adopted in accordance with this subsection (3) conflict with

a provision of the building or zoning code, the rules prevail unless the provision provides for greater access to parking supplied by EV power transfer infrastructure than is required by the rules.

(II)  If a provision of a local building or zoning code prevents a project or

development from complying with the rules adopted in accordance with this subsection (3), then the rules prevail.

(c) (I)  This subsection (3) applies to electrical permits for new construction of

or for major renovations of multifamily buildings that must comply with the EV power transfer infrastructure requirements of the model electric ready and solar ready code.

(II)  The board and the department shall not enforce the rules promulgated

under subsection (3)(a) of this section before March 1, 2024.

(III)  If an electrical permit application is submitted to a local electrical

inspection authority before the enforcement date in subsection (3)(c)(II) of this section but an electrical permit has not yet been issued, the local electrical inspection authority may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.

(IV)  If a site development plan application is submitted to a local government

and has been approved by March 1, 2024, the local government may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.

(d) (I)  In promulgating the rules required under subsection (3)(a) of this

section, the board shall ensure all requirements adopted in the rules are in compliance with the requirements of the national electrical code, as amended under subsection (2)(a)(I) of this section.

(II)  Within ninety days after any update made by the energy code board to

the EV power transfer infrastructure requirements for multifamily housing in the model electric ready and solar ready code, the board shall update the rules promulgated under subsection (3)(a) of this section with the same changes. The board shall not enforce the updated rules until two hundred seventy days after the updated rules are adopted.

(III)  The rules promulgated under subsection (3)(a) of this section do not

supersede or preempt the safety requirements of other building codes, whether promulgated by an agency of the state of Colorado or of a local government.

(e)  Any installations or upgrades performed in accordance with the rules

promulgated under this subsection (3) on the load side of the utility meter must comply with this article 115, including subsection (2)(a) of this section, which requires compliance with the national electrical code, and sections 12-115-109 and 12-115-115, and all rules of the board.

(f)  For all electric vehicle infrastructure or charging stations owned by an

electric utility, the utility shall comply with section 40-5-107 (3)(b).

(g)  As used in this subsection (3) and in subsection (4) of this section:


(I)  Electric vehicle charging system has the meaning set forth in section

38-12-601 (6)(a).

(II)  EV power transfer infrastructure means any system that is used to

charge electric vehicles and that is addressed in or required by the model electric ready and solar ready code.

(III)  Major renovations means renovations that change a minimum of fifty

percent or more of the parking area.

(IV)  Model electric ready and solar ready code means the code developed

by the energy code board under section 24-38.5-401 (5)(a) to make buildings electric ready as specified in section 24-38.5-401 (5)(b).

(4) (a)  Notwithstanding any authority granted to the board by this section,

the board shall not promulgate rules prohibiting the installation of electric vehicle charging systems unless the rules are narrowly drafted to address a bona fide safety concern.

(b)  Any rule promulgated by the board that prohibits the installation of

electric vehicle charging systems is subject to judicial review as authorized in article 4 of title 24.

(5) (a)  Notwithstanding any authority granted to the board by this section

and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).

(b)  Electrical installations that connect these structures to external utility

sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed electrician under a registered electrical contractor.

(c)  The inspection and inspectors of these installations, other than those

authorized to be performed by a registered installer, are regulated in this article 115 and must be performed by licensed electrical inspectors.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

846, � 1, effective October 1; (2)(f) amended, (HB 19-1003), ch. 360, p. 3339, � 4, effective October 1. L. 2022: (2)(a) amended, (HB 22-1362), ch. 301, p. 2178, � 2, effective June 2. L. 2023: (3) and (4) added, (HB 23-1233), ch. 245, p. 1317, � 2, effective May 23. L. 2025: (5) added, (SB 25-002), ch. 172, p. 713, � 3, effective May 8; (2)(f) amended (2)(f.5) added, (SB 25-165), ch. 370, p. 2000, � 5, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-104 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1003.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1003, chapter 360, Session Laws of Colorado 2019.

Cross references: For the legislative declaration in HB 23-1233, see section 1

of chapter 245, Session Laws of Colorado 2023. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 12-115-120

12-115-120. Inspection - electrical permits - application - standard - definition. (1) (a) (I) An individual required to have electrical inspection under this article 115 shall apply to the board for an electrical permit, referred to within this section as a permit, except where an incorporated town or city, county, city and county, or qualified state institution of higher education has a building department that meets the minimum standards of this article 115 and that processes applications for building permits and inspections, in which case the individual shall apply to the building department.

(II)  A qualified state institution of higher education with a building

department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of this article 115, and specifically section 12-115-115, have been met.

(III) (A)  Only a qualified applicant may apply for a permit. A licensed master

electrician who is not a registered electrical contractor and who is operating as an independent contractor for another business shall not apply for a permit.

(B)  Before issuing a permit pursuant to this subsection (1), the board or, if

applicable, the building department of an incorporated town or city, county, city and county, or qualified state institution of higher education shall verify that the permit applicant is a qualified applicant.

(C)  The entity issuing the permit may use the permit application process to

verify compliance with this subsection (1).

(b)  Upon final inspection and approval by the state electrical inspector,

notice shall be issued by the board to the utility, and the office of the board shall retain one copy of the record of approval.

(c)  A utility shall not provide service to any person required to have electrical

inspection under this article 115 without proof of final approval as provided in subsection (1)(b) of this section; except that the utility shall provide service:

(I)  In those situations determined by the local electrical inspection authority,

or by the board, whichever has jurisdiction, to be emergency situations for a maximum period of seven days or until the inspection has been made; or

(II)  If the board or local electrical inspection authority has approved a tiny

home connection for electric utility service in accordance with section 24-32-3329.

(2) (a)  The owner of an electrical installation in any new construction, other

than manufactured units certified by the division of housing pursuant to section 24-32-3311 or a tiny home manufactured to the standards of section 24-32-3328 (1), or remodeling or repair of an existing construction, except in any incorporated town or city, county, city and county, or qualified state institution of higher education having its own electrical code and inspection program equal to the minimum standards as are provided in this article 115, shall have the electrical portion of the installation, remodeling, or repair inspected by a state electrical inspector. A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution.

(b)  A state electrical inspector shall inspect any new construction,

remodeling, or repair subject to this subsection (2) within three working days after the receipt of the application for inspection. Prior to the commencement of any electrical installation, the person making the installation, who must be a qualified applicant, shall apply for a permit and pay the required permit fee.

(c)  A manufactured home, mobile home, tiny home, or movable structure

owner shall have the electrical installation for the manufactured home, mobile home, tiny home, or movable structure inspected prior to obtaining electric service. An inspection of a tiny home performed in accordance with section 24-32-3329 complies with this subsection (2)(c).

(3) (a)  A state electrical inspector shall inspect the work performed, and, if

the work meets the minimum standards set forth in the national electrical code referred to in section 12-115-107 (2)(a), the inspector shall issue a certificate of approval.

(b) (I)  If the installation is disapproved, the inspector shall give written notice

of the disapproval and of the reasons for the disapproval to the qualified applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the electrical service to the installation discontinued until the installation is rendered safe and shall send a copy of the notice of disapproval and order for discontinuance of service to the supplier of electricity. The qualified applicant may appeal the disapproval to the board, and the board shall grant a hearing within seven days after notice of appeal is filed with the board.

(II)  After removing the cause of the disapproval, the qualified applicant shall

apply for reinspection in the same manner as for the original inspection and pay the required reinspection fee.

(4)  The person or inspector making an application, certificate of approval, or

notice of disapproval shall include the name of the property owner, if known; the location and a brief description of the installation; the name of the electrical contractor and state registration number; the state electrical inspector; and the fee charged for the permit. The notice of disapproval and corrective actions to be taken shall be submitted to the board, and a copy of the notice shall be submitted to the electrical contractor within two working days after the date of inspection. The inspector shall post a copy of the notice at the installation site. The board shall furnish the forms. A copy of each application, certificate, and notice made or issued shall be filed with the board.

(5)  Nothing in this section shall be construed to require any utility as defined

in this article 115 to collect or enforce collection or in any way handle the payment of any fee connected with the application.

(6) (a)  All permits issued by the board are valid for a period of twelve months,

and the board shall cancel the permit and remove it from its files at the end of the twelve-month period, except in the following circumstances:

(I)  If a qualified applicant demonstrates at the time of application for a

permit that the electrical work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years.

(II)  If the qualified applicant notifies the board prior to the expiration of the

twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.

(b)  If a qualified applicant requests an inspection after a permit has expired

or has been canceled, the qualified applicant must apply for and be issued a new permit before an inspection is performed.

(7)  Notwithstanding the fact that any incorporated town or city, any county,

or any city and county in which a public school is located or is to be located has its own electrical code and inspection authority, any electrical installation in any new construction or remodeling or repair of a public school shall be inspected by a state electrical inspector.

(8)  In the event that any incorporated town or city, county, city and county, or

qualified state institution of higher education intends to commence or cease performing electrical inspections in its respective jurisdiction or, in the case of a qualified state institution of higher education, for buildings owned, leased, or on its land, the public entity or institution shall commence or cease the same only as of July 1 of any year, and written notice of the intent must be given to the board on or before October 1 of the preceding calendar year. If the notice is not given and the use of state electrical inspectors is required within the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring the inspections shall reimburse the state electrical board for any expenses incurred in performing the inspections, in addition to transmitting the required permit fees.

(9) (a)  A person claiming to be aggrieved by the failure of a state electrical

inspector to inspect property after proper application or by notice of disapproval without setting forth the reasons for rejecting the inspection may request the program director to review the actions of the state electrical inspector or the manner of the inspection. The request may be made by an authorized representative and shall be in writing.

(b)  Upon the filing of a request, the program director shall cause a copy to be

served upon the state electrical inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director.

(c)  If the request is not granted within ten days after it is filed, it may be

treated as rejected. Any person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon.

(d)  Any hearing before the board shall be held pursuant to the provisions of

section 24-4-105.

(10) (a)  An inspector performing an inspection for the state, an incorporated

town or city, a county, a city and county, or a qualified state institution of higher education may verify compliance with this article 115; however, for each project, inspections performed by the state, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education must include a contemporaneous review to ensure that the specific requirements of sections 12-115-109 and 12-115-115 have been met. A contemporaneous review may include a full or partial review of the electricians and apprentices working on a job site being inspected.

(b) (I)  To ensure that enforcement is consistent, timely, and efficient, each

entity, including the state, as described in this subsection (10), shall develop standard procedures to advise its inspectors how to conduct a contemporaneous review. Each entity's standard procedures need not require a contemporaneous review for each and every inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-115-109 and 12-115-115 at any time. Each entity's procedures must also include provisions that allow for inspectors to:

(A)  Conduct occasional, random, on-site inspections while actual electrical

work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the entity; and

(B)  Request documentation indicating who performed the electrical work to

ensure compliance with sections 12-115-109 and 12-115-115.

(II)  Each entity, including the state, shall post its current procedures

regarding contemporaneous reviews in a prominent location on its public website. Each entity shall provide a website link to or an electronic copy of its procedures to the board, and the board shall post all of the procedures on a single location on the department's website.

(c)  An inspector may file a complaint with the board for any violation of this

article 115.

(d) (I)  The board shall ensure compliance with this section. If the board

determines, as a result of a complaint, that an entity other than the state is conducting electrical inspections that do not comply with this section, the board may issue to that entity an order to show cause, in accordance with sections 12-20-405 and 12-115-122 (6), as to why the board should not issue a final order directing that entity to cease and desist conducting electrical inspections until that entity comes into compliance to the satisfaction of the board.

(II)  The board shall not issue a cease-and-desist order to an inspecting entity

because the inspecting entity approved the occupancy of one or more tiny homes if the tiny homes have been approved in accordance with section 24-32-3329.

(III)  If the use of state electrical inspectors is required after the issuance of a

final cease-and-desist order pursuant to this subsection (10)(d), that entity shall reimburse the board for any expenses incurred in performing that entity's inspections, in addition to transmitting the required permit fees.

(11)  As used in this section, qualified applicant means:


(a)  A licensed master electrician, including a licensed master electrician who

is operating as a sole proprietor, so long as the licensed master electrician is also a registered electrical contractor;

(b)  A licensed master electrician who is directly employed by a registered

electrical contractor; or

(c)  A homeowner performing work on the homeowner's home.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

860, � 1, effective October 1; (10) amended, (SB 19-156), ch. 346, p. 3206, � 16, effective October 1. L. 2022: (1)(c), (2)(a), (2)(c), and (10)(d) amended, (HB 22-1242), ch. 172, p. 1136, � 28, effective August 10; (1)(a), (2)(b), (3), (6), and (10)(b) amended and (11) added, (HB 22-1346), ch. 483, p. 3508, � 2, effective January 1, 2023.

Editor's note: (1)  This section is similar to former � 12-23-116 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

(3)  Subsection (11) was numbered as (13) in HB 22-1346 but was renumbered

on revision for ease of location.

C.R.S. § 12-120-403

12-120-403. Exemptions - definitions. (1) Nothing in this part 4 shall prevent any person, firm, corporation, or association from preparing plans and specifications for, designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following:

(a)  One-, two-, three-, and four-family dwellings, including accessory

buildings commonly associated with those dwellings;

(b)  Garages, industrial buildings, offices, farm buildings, and buildings for

the marketing, storage, or processing of farm products, and warehouses, that do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons;

(c)  Additions, alterations, or repairs to the buildings referred to in

subsections (1)(a) and (1)(b) of this section that do not cause the completed buildings to exceed the applicable limitations set forth in this subsection (1);

(d)  Nonstructural alterations of any nature to any building if the alterations

do not affect the life safety of the occupants of the building.

(2)  Nothing in this part 4 shall prevent, prohibit, or limit any municipality or

county of this state, home rule or otherwise, from adopting such building codes as may, in the reasonable exercise of the police power of said governmental unit, be necessary for the protection of the inhabitants of the municipality or county.

(3)  Nothing in this part 4 shall be construed as curtailing or extending the

rights of any other profession or craft, including the practice of landscape architecture by landscape architects pursuant to article 130 of this title 12.

(4)  Nothing in this part 4 shall be construed as prohibiting the practice of

architecture by any employee of the United States government or any bureau, division, or agency of the United States government while in the discharge of the employee's official duties.

(5)  Nothing in this part 4 shall be construed to prevent the independent

employment of a licensed professional engineer practicing pursuant to part 2 of this article 120.

(6) (a)  Except as provided in subsection (6)(b) of this section, nothing in this

part 4 prevents an interior designer from preparing interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and filing the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, or regional building authority, which city, city and county, or regional building authority may approve the filing in the same manner as for other professions and may only reject the filing for a reason provided in law, which reason may be based on a local government's ordinance, resolution, or building code adoption policy.

(b) (I)  Interior designers shall not be engaged in the construction of:


(A)  The structural frame system supporting a building;


(B)  Mechanical, plumbing, heating, air conditioning, ventilation, or electrical

vertical transportation systems;

(C)  Fire-rated vertical shafts in any multistory structure;


(D)  Fire-related protection of structural elements;


(E)  Smoke evacuation and compartmentalization;


(F)  Emergency sprinkler systems;


(G)  Emergency alarm systems; or


(H)  Any other alteration affecting the life safety of the occupants of a

building outside the content of the interior design documents and specifications listed in subsection (6)(a) of this section.

(II)  An interior designer shall, as a condition of filing interior design

documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction proof of the interior designer's professional liability insurance coverage that is in force. An interior designer is not subject to any of the restrictions set forth in subsections (1)(b) and (1)(d) of this section.

(c)  As used in this subsection (6), interior designer means a person who:


(I)  Engages in:


(A)  Consultation, study, design analysis, drawing, space planning, and

specification for nonstructural or nonseismic interior construction with due concern for the life safety of the occupants of the building;

(B)  Preparing and submitting interior design documents for the purpose of

obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans;

(C)  Designing for fabrication nonstructural elements within and surrounding

interior spaces of buildings; or

(D)  The administration of design construction and contract documents, as

the clients' agent, relating to the functions described in subsections (6)(c)(I)(A) to (6)(c)(I)(C) of this section, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and

(II)  Possesses written documentation that the interior designer:


(A) and (B)  (Deleted by amendment, L. 2020.)


(C)  Has met the education and experience requirements of, and has

subsequently passed, the qualification examination promulgated by the Council for Interior Design Qualification or its successor organization; and

(D)  Maintains active certification with the Council for Interior Design

Qualification or its successor organization.

(d)  As used in this subsection (6), nonstructural or nonseismic includes

interior elements or components that are not load bearing, do not assist in the seismic design, and do not require structural computations for a building. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.

(7)  Nothing in this article 120 shall prohibit a person who is licensed to

practice architecture in another jurisdiction of the United States from soliciting work in Colorado. The person shall not perform the practice of architecture in this state without first having obtained a license from the board or having associated with an architect licensed in this state who is associated with the project at all stages of the project.

(8)  Nothing in this section authorizes an individual, including an individual

authorized to engage in conduct under subsection (6) of this section, to engage in the practice of architecture, engineering, or any other occupation regulated under the laws of this state or to prepare, sign, or seal plans with respect to such practice or in connection with any governmental permit unless the individual is licensed or otherwise permitted by law to so act.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

907, � 1, effective October 1. L. 2020: (6)(a), (6)(b), (6)(c)(II), and (6)(d) amended and (8) added, (HB 20-1165), ch. 102, p. 391, � 1, effective September 14. L. 2024: (4) amended, (HB 24-1329), ch. 342, p. 2317, � 21, effective August 7.

Editor's note: This section is similar to former � 12-25-303 as it existed prior

to 2019.

C.R.S. § 13-20-802.5

13-20-802.5. Definitions. As used in this part 8, unless the context otherwise requires:

(1)  Action means a civil action or an arbitration proceeding for damages,

indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third party claim for damages or loss to, or the loss of use of, real or personal property or personal injury caused by a defect in the design or construction of an improvement to real property.

(2)  Actual damages means the fair market value of the real property

without the alleged construction defect, the replacement cost of the real property, or the reasonable cost to repair the alleged construction defect, whichever is less, together with relocation costs, and, with respect to residential property, other direct economic costs related to loss of use, if any, interest as provided by law, and such costs of suit and reasonable attorney fees as may be awardable pursuant to contract or applicable law. Actual damages as to personal injury means those damages recoverable by law, except as limited by the provisions of section 13-20-806 (4).

(3)  Claimant means a person other than the attorney general or the district

attorneys of the several judicial districts of the state who asserts a claim against a construction professional that alleges a defect in the construction of an improvement to real property.

(4)  Construction professional means an architect, contractor,

subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term construction professional shall also include any prior owner of the commercial property, other than the claimant, at the time the work was performed. As used in this subsection (4), commercial property means property that is zoned to permit commercial, industrial, or office types of use.

(4.5)  Multifamily construction incentive program or program means the

program created in section 13-20-803.3 (1).

(5)  Notice of claim means a written notice sent by a claimant to the last-known address of a construction professional against whom the claimant asserts a

construction defect claim that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect.

(6)  Program claim means all actions for damages, indemnity, or

contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third-party claim for damages or loss to, or the loss of use of, real or personal property for which the builder is a participant in the program or for personal injury caused by a defect in the design or construction of an improvement to real property for which the builder is a participant in the program.

(7)  Third-party inspection means a program of inspections of a residential

housing unit performed over the course of construction on the unit and designed to assist the construction professional performing the construction on the unit in identifying and rectifying any instances in which the work being performed by the construction professional deviates from applicable building codes or construction standards. The construction professional who signs the building permit application shall, subsequent to filing the permit application and prior to the issuance of a certificate of occupancy, certify in writing filed with the building department that the third-party inspector was qualified and the inspection complies with the following requirements for any component, system, or improvement alleged to be defective:

(a)  The inspection was performed by either a licensed construction

professional or a building code inspector, electrical inspector, energy conservation code inspector, fire code inspector, or mechanical code inspector, if such inspector provides evidence of successful completion of the most recent version of the commercial building inspector examination by the International Code Council or its successor organization:

(I)  Who has expertise designing, constructing, or inspecting the component,

system, or improvement being inspected;

(II) (A)  Who is an independent third party not otherwise employed by or

affiliated with the construction professional who was involved in the development, design, or construction of the component, system, or improvement; or

(B)  Who is an inspector acting under the direction of an insurer providing a

commercial general liability policy of insurance purchased to insure the subject residential housing unit against property damage resulting from defects in the design or construction of the unit;

(III)  Who is responsible for performing the inspection duties with a

reasonable degree of care; and

(IV)  Who is not designated as a nonparty at fault pursuant to section 13-21-111.5 (3)(b); and


(b)  The inspection includes, for each component, system, or improvement, a

signed certification that, for each component, system, or improvement, verifies that:

(I)  The component, system, or improvement was included in approved

construction documents and specifications, including addendums issued during construction, under the valid seal of an architect or engineer licensed in Colorado;

(II) (A)  Prior to inspection by the building department, the component,

system, or improvement was subject to a field inspection and approval by the third-party inspector who certifies that, at the time of inspection, the component, system, or improvement was sufficiently accessible to determine compliance with and did comply with applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.

(B)  If the field inspection does not include every location where the

component, system, or improvement is constructed, the signed certification must include the permit number; the date of inspection; the type of inspection; the contractor's name and license number; the street address of the job location; the name, address, and telephone number of the inspector who performed the inspection; and a statement that the inspector inspected a sufficient number of locations to conclude with a reasonable degree of certainty that every location of the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.

(III)  The construction professional successfully repaired or resolved any

instance of noncompliant design or construction identified during an inspection and that the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations and approved construction documents and specifications, including addendums issued during construction; and

(c)  The inspection is not an inspection performed by or on behalf of a

governmental authority having jurisdiction over the residential housing unit as a condition of any permitting or the issuance of a certificate of occupancy.

Source: L. 2003: Entire section added, p. 1361, � 2, effective April 25. L.

2025: (4.5), (5.5), and (6) added, (HB 25-1272), ch. 183, p. 783, � 2, effective August 6.

Editor's note: (1)  Subsections (6) and (7) were numbered as subsections (5.5)

and (6), respectively, in HB 25-1272 but were renumbered on revision for ease of location.

(2)  Section 8(2) of chapter 183 (HB 25-1272), Session Laws of Colorado

2025, provides that the act changing this section applies to construction defect claims brought on or after August 6, 2025.

Cross references: For the short title (Colorado American Dream Act) and

the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.

C.R.S. § 13-20-803.3

13-20-803.3. Multifamily construction incentive program - created - construction defect claims against architects and engineers - statute of limitations - affirmative defenses. (1) The multifamily construction incentive program is created. On and after January 1, 2026, a builder of multifamily, attached housing of two or more units may participate in the program by:

(a)  Providing a warranty that covers any defect and damage at no cost to the

homeowner for a minimum period of:

(I)  One year for workmanship and materials;


(II)  Two years for plumbing, electrical, and materials; and


(III)  Six years for major structural components;


(b)  Having a third-party inspection performed; and


(c)  Recording a notice of election to participate in the multifamily

construction incentive program in the real property records of the county in which the property is located for the project intended to be covered before the unit is offered for sale. After recording a notice of election to participate, a builder may withdraw from the program only before the issuance of the last certificate of occupancy for the project.

(2) (a)  Except as provided in subsection (3) of this section, a person must file

with a complaint a certificate of review in compliance with section 13-20-602 for a construction defect action that is:

(I)  Against a construction professional who is an architect or engineer; and


(II)  For a program claim.


(b)  The certificate of review filed in accordance with subsection (2)(a) of this

section must, based on facts known to the party filing the certificate of review:

(I)  Set forth the architect's or engineer's negligence, including any act or

omission in providing advice, exercising judgment, giving an opinion, or exercising a similar professional skill; and

(II)  Declare that the individual consulted can demonstrate by competent

evidence that, as a result of training, education, knowledge, and experience, the consultant is competent to express an opinion as to the negligence, including an act or omission, alleged.

(c)  If a claimant fails to file the certificate of review required in this

subsection (2), the court shall dismiss the complaint against the defendant unless the claimant shows good cause for the failure.

(3)  A claimant is not required to comply with the certificate of review

requirements of subsection (2) of this section if:

(a)  A claim is for construction in which a governmental entity contracted with

a single entity to provide both design and construction services for the construction, rehabilitation, alteration, or repair of a facility, a building or an associated structure, a civil works project, or a highway project; or

(b)  The period of limitation or repose could reasonably expire within ten days

after the date of filing and, because of the time constraint, the claimant has alleged that a certificate of review by a third-party architect or engineer could not be prepared. A claimant that does not file a certificate of review under this section shall supplement the complaint with a certificate of review within twenty-eight days after the filing of the complaint; except that a court may, on motion and for good cause, grant a claimant additional time to file the certificate of review.

(4)  A defendant that designates an architect or engineer as a nonparty at

fault in accordance with section 13-21-111.5 (3)(b) must file a subsequent certificate of review that complies with subsection (2) of this section and section 13-20-602. The defendant shall file a certificate of review at least forty-five days prior to any trial or proceeding on the claim. If the defendant fails to file the certificate of review as required in this subsection (4), a court shall not consider the negligence or fault of the nonparty.

(5)  Subsections (2) to (4) of this section do not:


(a)  Extend the applicable period of limitation or repose; or


(b)  Apply to a suit or action for the payment of fees arising out of the

provision of professional services.

(6)  A person shall not assert a program claim unless the defect has resulted

in one or more of the following:

(a)  Actual damage to real or personal property;


(b)  Actual loss of the use of real or personal property;


(c)  Actual bodily injury or wrongful death;


(d)  An unreasonable reduction in the capability of, or an actual failure of, a

building component to perform an intended function or purpose; or

(e)  An unreasonable risk of bodily injury or death to, or a threat to the life,

health, or safety of, the occupants of the residential property.

(7) (a) (I)  If the defendant is a construction professional who is not an

architect or engineer and who has provided the claimant a written warranty for the residence that complies with subsection (1)(a) of this section, and if the claimant discovered or should have discovered the alleged defect or damage within the longest applicable warranty period, the claimant must bring the suit not later than six years after the substantial completion of the improvement.

(II)  If the defendant is a construction professional who is an architect or

engineer, and the construction professional performed in a manner consistent with the degree of skill and care ordinarily exercised by members of the same profession currently practicing under the same or similar circumstances, the claimant must bring the suit not later than six years after the substantial completion of the improvement.

(b)  If a claim involves a defect or damage that is covered by the warranty

described in subsection (7)(a) of this section, the claimant shall pursue all reasonable remedies available under the warranty process before bringing an action for damages. The statute of limitations and repose shall be tolled from the date the claimant first pursued a remedy available under the warranty for no more than one year or until the completion of the warranty process, whichever is longer.

(c)  Section 13-80-104 (2) and (3) applies to the limitation of claims in this

subsection (7).

(8) (a)  For program claims, a construction professional who makes a

reasonable offer pursuant to subsection (9) of this section may be immune, in whole or in part, from an obligation, damage, loss, or liability under this part 8 related to or arising out of the construction defect, but only with respect to the portion of the claimant's damages, if any, the construction professional can demonstrate by a preponderance of the evidence were proximately caused or increased by an affirmative defense specified in subsections (8)(b) and (8)(c) of this section and not by the construction defect.

(b)  A construction professional is not liable for a damage or defect to the

extent the professional can prove, as an affirmative defense, that the damage or defect was caused:

(I)  By a weather condition, earthquake, or other natural phenomenon in

excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction;

(II)  By a human-caused event, such as war, terrorism, or vandalism;


(III)  By a homeowner's unreasonable failure to timely mitigate damages as

required in section 13-20-803.5 (1);

(IV)  By the homeowner or the homeowner's agent, employee, or construction

professional by virtue of their failure to follow the builder's or manufacturer's maintenance recommendations or to do commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a construction professional's recommended maintenance schedule, the construction professional must show that the homeowner had written notice of these maintenance schedules and recommendations and that the maintenance recommendations and schedules were reasonable at the time they were issued and that the damage or defect did not directly prevent the homeowner from performing the recommended maintenance.

(V)  After sale or transfer of ownership to the claimant, by:


(A)  The homeowner's or homeowner's agent's alterations;


(B)  Ordinary wear and tear;


(C)  Misuse of the structure or component;


(D)  Abuse of the structure or component;


(E)  Neglect of the structure or component; or


(F)  The use of the structure or component for something other than the

structure's or component's intended purpose.

(c)  A construction professional may assert an affirmative defense to the

extent that:

(I)  The damage was caused by a particular violation covered by a valid

release obtained by the construction professional, if the release is enforceable against the claimant, was executed with knowledge of the particular violation, and does not violate section 13-20-806 (7); or

(II)  The construction professional's repair completed pursuant to section 13-20-803.5 (3) was successful in correcting the particular violation and any damage

resulting from the violation of the applicable standard.

(d)  The affirmative defenses set forth in this subsection (8) are in addition to,

and shall not limit, impair, replace, or otherwise affect, any other defense available to a construction professional under statute or common law.

(9) (a)  For program claims, a construction professional and the insurer, as

defined in section 10-1-102 (13), providing coverage related to the claim shall send or deliver to the claimant, by certified mail, return receipt requested, or by personal service:

(I)  An offer to settle the claim by:


(A)  Payment of a sum certain; or


(B)  Agreeing to remedy the claimed defect described in the notice of claim;


(II)  A written response that:


(A)  Identifies the standards that apply to the claimed defect's construction

or performance; and

(B)  Explains why the claimed defect does not require repair; or


(III)  A written response that explains the construction professional's scope of

work and why the claimed defect is not within the work and responsibility of the construction professional.

(b)  A written offer to remedy a construction defect must include a report of

the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work.

(c)  The construction professional shall provide an offer pursuant to

subsection (9)(a)(I) of this section within ninety days after the deadline to inspect the property and claimed defect pursuant to section 13-20-803.5 or a written response pursuant to subsection (9)(a)(II) or (9)(a)(III) of this section within thirty days after the deadline to inspect the property and claimed defect pursuant to section 13-20-803.5. Notwithstanding any provision in a contract or any requirement in the governing documents, if a construction professional requests an extension to provide an offer pursuant to subsection (9)(a)(I) of this section and the claimant does not agree to the requested extension, the parties shall designate a mutually agreeable third party in writing to determine whether the requested extension is reasonable. Notwithstanding any other provision in this section, the total time to provide an offer must not exceed two hundred ten days after the date of the notice of claim by the construction professional providing an offer pursuant to subsection (9)(a)(I) of this section.

(d)  If a claimant unreasonably rejects a reasonable written offer of

settlement made pursuant to this subsection (9) and subsequently commences an action against the construction professional, the court may award attorney fees and costs to the construction professional.

(e)  If a construction professional fails to make a reasonable written offer of

settlement pursuant to this subsection (9), the limitations on damages and defenses to liability provided in subsections (2), (5), (6), (7), and (8) of this section do not apply, and the court may award attorney fees and costs to the claimant.

(f) (I)  A construction professional's written offer of settlement is reasonable,

and a claimant's rejection of the offer is unreasonable, if the claimant recovers a final judgment in an amount that is less than the amount offered or the reasonable value of the repair offered by the construction professional.

(II)  A construction professional's written offer of settlement is unreasonable,

and a claimant's rejection of the offer is reasonable, if the claimant recovers a final judgment in an amount that exceeds the amount offered or the reasonable value of the repair offered by the construction professional.

(10) (a)  Within thirty days after the rejection of an offer made pursuant to

subsection (9) of this section, a claimant shall provide a construction professional with a written proposal to have the construction defect repaired at the construction professional's expense or to settle the claim.

(b)  If the construction professional does not accept the proposal provided by

the claimant pursuant to subsection (10)(a) of this section in writing within fifteen days after delivery of the proposal, the proposal is deemed to have been rejected.

(c)  If the construction professional accepts the proposal provided by the

claimant pursuant to subsection (10)(a) of this section, the construction professional shall pay the claimant's reasonable attorney fees and costs incurred in investigating the defect and proposing the repair.

(11)  Nothing in this section:


(a)  Affects the Colorado Governmental Immunity Act, article 10 of title 24,

or section 13-20-806 (7); or

(b)  Prohibits, limits, or impairs a contractual claim or expands the definition

of action in section 13-20-802.5 (1).

Source: L. 2025: Entire section added, (HB 25-1272), ch. 183, p. 785, � 3,

effective August 6.

Editor's note: Section 8(2) of chapter 183 (HB 25-1272), Session Laws of

Colorado 2025, provides that the act adding this section applies to construction defect claims brought on or after August 6, 2025.

Cross references: For the short title (Colorado American Dream Act) and

the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.

C.R.S. § 13-20-804

13-20-804. Restriction on construction defect negligence claims. (1) No negligence claim seeking damages for a construction defect may be asserted in an action if such claim arises from the failure to construct an improvement to real property in substantial compliance with an applicable building code or industry standard; except that such claim may be asserted if such failure results in one or more of the following:

(a)  Actual damage to real or personal property;


(b)  Actual loss of the use of real or personal property;


(c)  Bodily injury or wrongful death; or


(d)  A risk of bodily injury or death to, or a threat to the life, health, or safety

of, the occupants of the residential real property.

(2)  Nothing in this section shall be construed to prohibit, limit, or impair the

following:

(a)  The assertion of tort claims other than claims for negligence;


(b)  The assertion of contract or warranty claims; or


(c)  The assertion of claims that arise from the violation of any statute or

ordinance other than claims for violation of a building code.

Source: L. 2001: Entire part added, p. 389, � 1, effective August 8. L. 2003:

IP(1), (1)(a), and (1)(b) amended, p. 1362, � 4, effective April 25.

C.R.S. § 13-21-108.3

13-21-108.3. Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability. (1) An architect licensed pursuant to part 4 of article 120 of title 12, a building code official, a professional engineer licensed pursuant to part 2 of article 120 of title 12, or a professional land surveyor licensed pursuant to part 3 of article 120 of title 12 who voluntarily and without compensation provides architectural, damage assessment, engineering, or surveying services, respectively, at the scene of an emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss caused by an act or omission of the architect, building code official, engineer, or surveyor in performing such services.

(2)  As used in this section, unless the context otherwise requires:


(a)  Building code official means an individual maintaining a building

inspector, building code official, or certified building official certification in good standing by the international code council or similar association of building code officials.

(b)  Emergency means a disaster emergency declared by executive order or

proclamation of the governor pursuant to section 24-33.5-704 (4), C.R.S.

(3)  The immunity provided in subsection (1) of this section applies only to an

architectural, damage assessment, or engineering service that:

(a)  Concerns an identified building, structure, or other architectural or

engineering system, whether publicly or privately owned;

(b)  Relates to the structural integrity of the building, structure, or system or

to a nonstructural element thereof affecting life safety; and

(c)  Is rendered during the time in which a state of disaster emergency exists,

as provided in section 24-33.5-704 (4), C.R.S.

(4)  Nothing in this section shall provide immunity for gross negligence or

willful misconduct.

(5)  Nothing in this section shall be construed to abrogate any provision of

the Colorado Governmental Immunity Act, provided in article 10 of title 24, C.R.S.

Source: L. 98: Entire section added, p. 236, � 1, effective July 1. L. 2006: (1)

amended, p. 762, � 20, effective July 1. L. 2009: Entire section amended, (HB 09-1080), ch. 37, p. 149, � 1, effective March 20. L. 2013: (2)(b) and (3)(c) amended, (HB 13-1300), ch. 316, p. 1674, � 32, effective August 7. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1663, � 68, effective October 1.

C.R.S. § 13-51-115

13-51-115. Parties - ordinances - statutes. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and is entitled to be heard, and, if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.

Source: L. 23: p. 270, � 11. CSA: C. 93, � 88. CRS 53: � 77-11-11. C.R.S. 1963: �

77-11-11.

Cross references: For similar provisions in court rules, see C.R.C.P. 57(j).

ARTICLE 51.5

Review of Land Use Decisions

Cross references: For the legislative declaration contained in the 1997 act

enacting this article, see section 1 of chapter 78, Session Laws of Colorado 1997.

13-51.5-101.  Scope and purpose of article. This article applies to judicial

review of local land use decisions in cases where it is alleged that a governmental body or officer or any lower judicial body exercising judicial or quasi-judicial functions has exceeded its jurisdiction or abused its discretion and there is no plain, speedy, and adequate remedy otherwise provided by law. Review shall be limited to a determination of whether the body or officer has exceeded its jurisdiction or abused its discretion, based on the evidence in the record before the defendant body or officer.

Source: L. 97: Entire article added, p. 214, � 2, effective July 1.


13-51.5-102.  Definitions. As used in this article, unless the context otherwise

requires:

(1)  Development permit means any zoning permit, subdivision approval,

certification, special exception, variance, or any other similar action of a governmental entity that has the effect of authorizing the development of real property. Development permit does not include a building permit.

(1.5)  Dwelling unit has the same meaning as set forth in section 38-12-502.


(2)  Governmental entity includes any municipal, county, or regional

government with the authority to plan and zone land. Governmental entity does not include the state of Colorado, any agency of the state of Colorado, the United States, or any agency of the United States.

(3)  Local land use decision means any action of a governmental entity that

has or will have the effect of granting, denying, or granting with conditions an application for a development permit.

Source: L. 97: Entire article added, p. 214, � 2, effective July 1. L. 2024: (1.5)

added, (HB 24-1107), ch. 285, p. 1897, � 1, effective May 30.

Editor's note: Subsections (2) and (3), as they were enacted in House Bill 97-1156, were renumbered on revision in 2002 as (3) and (2), respectively.


13-51.5-103.  Request for administrative record - certification - time limits.

(1) Unless the court specifically orders otherwise upon a showing of good cause for delay, a defendant governmental body or officer shall file the record pursuant to rule 106 (a)(4)(III), C.R.C.P., or any successor rule thereto within thirty-five days after the filing of the complaint.

(2)  Except as otherwise provided in this section, all aspects of the

proceeding shall be conducted in accordance with the Colorado rules of civil procedure, including without limitation C.R.C.P. 106 and any successor thereto.

Source: L. 97: Entire article added, p. 214, � 2, effective July 1. L. 2012: (1)

amended, (SB 12-175), ch. 208, p. 826, � 13, effective July 1.

13-51.5-104.  Request for judicial review of local land use decisions -

attorney fees - effect of filing action - good faith reliance. (1) (a) The court shall award reasonable attorney fees to a prevailing governmental entity in any action for judicial review of a local land use decision involving residential use with a net project density of five dwelling units per acre or more brought pursuant to this article 51.5 or rule 106 (a)(4) of the Colorado rules of civil procedure.

(b)  This subsection (1) does not apply to an action for judicial review brought

by the land use applicant before the governmental entity.

(2)  Filing an action for judicial review of a local land use decision pursuant to

this article 51.5 or rule 106 (a)(4) of the Colorado rules of civil procedure does not affect the validity of the local land use decision. The governmental entity and public may rely on the local land use decision in good faith for all purposes until the action for judicial review is resolved.

Source: L. 2024: Entire section added, (HB 24-1107), ch. 285, p. 1897, � 2,

effective May 30.

ARTICLE 52

Property Subject to Levy

Cross references: For procedure for revival of judgments, see C.R.C.P. 54(h);

for actions that survive and procedure for maintenance thereof, see C.R.C.P. 25.

C.R.S. § 18-9-313

18-9-313. Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Child representative means:


(I)  An employee of or contractor with the office of the child's representative

created in section 13-91-104; or

(II)  The staff of contractors with the office of the child's representative who

are members of an attorney's legal team who assist with the attorney's legal representation of children, youth, and juveniles.

(b)  Code enforcement officer means a municipal, county, or city and county

employee or contractor who is responsible for the administration and enforcement of land use, zoning regulations, building codes, health codes, floodplain regulations, and other similar health and safety codes.

(b.5)  Educator means a teacher, principal, administrator, special services

provider, and an education support professional, as defined in section 22-2-502 (1.5).

(c)  Exempt party means any party to the record, a settlement service, a

title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, or an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter.

(c.5)  Firefighter has the same meaning as set forth in section 18-3-201 (1.5).


(d)  Health-care worker means a licensed health-care provider, or an

employee, contracted health-care provider, or individual serving in a governance capacity of a health-care facility licensed pursuant to section 25-1.5-103.

(e)  Human services worker means:


(I)  A state or county employee, or an attorney representing the state or

county, who is engaged in investigating or taking legal action regarding allegations of child abuse or neglect pursuant to article 3 of title 19, and a state or county support staff person who has contact with the public relating to these allegations;

(II)  A state or county employee, or an attorney representing the state or

county, who is engaged in investigating or taking legal action regarding allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26, and a state or county support staff person who has contact with the public relating to these allegations;

(III)  A state or county employee, including a county attorney or an employee

of a person under contract with a state or county, who is engaged in establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26, and a state or county support staff person who has contact with the public relating to these duties;

(IV)  A state or county employee, including a county attorney, who is engaged

in determining eligibility for or investigating fraud in public programs established in article 2 of title 26, and who has contact with the public relating to these duties; or

(V)  An employee of a juvenile detention facility established and operated

pursuant to section 19-2.5-1502 or an employee of the division of youth services within the department of human services, including an employee under contract with the division of youth services, who has contact with juveniles involved with youth services.

(f)  Immediate family means a protected person's spouse, child, or parent or

any other blood relative who lives in the same residence as the protected person.

(g)  Judge has the same meaning as defined by section 18-8-615 (3).


(h)  Mortgage servicer has the same meaning as set forth in section 5-21-103 (4).


(i)  Office of the respondent parents' counsel staff member or contractor

means:

(I)  An employee of the office of the respondent parents' counsel created in

section 13-92-103;

(II)  An attorney licensed and in good standing in the state of Colorado to

practice law who contracts with the office of the respondent parents' counsel to represent indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19; or

(III)  A social worker, family advocate, or peer advocate who contracts with

the office of the respondent parents' counsel to assist attorneys in the representation of indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19.

(j)  Participant in the address confidentiality program means an individual

accepted into the address confidentiality program in accordance with part 21 of article 30 of title 24.

(k)  Peace officer has the same meaning as described in section 16-2.5-101.


(l)  Personal information means the home address, home telephone number,

personal mobile telephone number, pager number, personal email address, or a personal photograph of a participant in the address confidentiality program or protected person; directions to the home of a participant in the address confidentiality program or protected person; or photographs of the home or vehicle of a participant in the address confidentiality program or protected person.

(m)  Prosecutor has the same meaning as defined in section 18-8-616 (3).


(n)  Protected person means an educator, a code enforcement officer, a

human services worker, a public health worker, a child representative, a health-care worker, a reproductive health-care services worker, an officer or agent of the state bureau of animal protection, an animal control officer, an office of the respondent parents' counsel staff member or contractor, a judge, a peace officer, a prosecutor, a public defender, a public safety worker, or a firefighter.

(o)  Public defender means an attorney employed by the office of the state

public defender created in section 21-1-101, or an attorney employed by the office of alternate defense counsel created in section 21-2-101.

(p)  Public health worker means:


(I)  An employee, a contractor, or an employee of a contractor of the

department of public health and environment, created in section 25-1-102, who is engaged in public health duties, as described in section 25-1.5-101;

(II)  An employee, a contractor, or an employee of a contractor of a county or

district public health agency, as defined in section 25-1-502, who is engaged in public health duties, as described in section 25-1-506; or

(III)  A member of a county or district board of health, other than an elected

county commissioner.

(q)  Public safety worker means:


(I)  An employee, a contractor, or an employee of a contractor of the

department of corrections who has contact with persons in the custody of the department of corrections or with the family or associates of such persons;

(II)  A noncertified deputy sheriff or detention officer, as described in section

16-2.5-103 (2), who has contact with inmates; or

(III)  An employee, a contractor, or an employee of a contractor of a

community corrections program, as defined in section 17-27-102, who has contact with offenders in a community corrections program.

(q.5)  Reproductive health-care services worker means a patient who

relocated to Colorado, a provider, or an employee of an organization that provides or assists individuals in accessing a legally protected health-care activity, as defined in section 12-30-121 (1)(d).

(r)  Settlement service has the same meaning as set forth in section 10-11-102 (6.7)(a) to (6.7)(f).


(s)  Title insurance agency has the same meaning as set forth in section 10-11-102 (8.5).


(t)  Title insurance company has the same meaning as set forth in section

10-11-102 (10).

(2)  Repealed.


(2.5)  An address confidentiality program participant may submit a written

request to a state or local government official and follow the process in section 24-30-2108, C.R.S., including the presentation of a valid address confidentiality program authorization card. If a state or local government official has received the above information, then the state or local government official shall not knowingly make available on the internet personal information about such participant in the address confidentiality program or the actual address, as defined in section 24-30-2103 (1), C.R.S., of such participant in the address confidentiality program.

(2.7)  It is unlawful for a person to knowingly make available on the internet

personal information about a protected person or the protected person's immediate family if the dissemination of personal information poses an imminent and serious threat to the protected person's safety or the safety of the protected person's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.

(2.8) (a)  A protected person may submit a written request pursuant to

subsection (2.8)(b) of this section to a state or local government official to remove personal information from records that are available on the internet. If a state or local government official receives the written request, then the state or local government official shall not knowingly make available on the internet personal information about the protected person or the protected person's immediate family.

(b)  A protected person's written request to a state or local government

official to remove personal information from records that the official makes available on the internet must include:

(I)  The protected person's full name and home address;


(II)  Evidence that the person submitting the request is a protected person;

and

(III)  An affirmation stating under penalty of perjury that the person

submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the person's safety or the safety of the person's immediate family.

(c)  An exempt party may access a record that includes information otherwise

subject to redaction pursuant to subsection (2.8)(b) of this section, and that is maintained by the county recorder, county assessor, or county treasurer, if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.

(d)  Each county recorder, county assessor, or county treasurer shall grant an

exempt party access to the record based on its existing processes or shall adopt a process to grant access if one is not already in place. Each county recorder, county assessor, or county treasurer may assess administrative costs related to granting access to the exempt party requesting the record.

(3)  A violation of subsection (2.7) of this section is a class 1 misdemeanor.


Source: L. 2002: Entire section added, p. 1139, � 1, effective July 1. L. 2003:

(2) amended, p. 1616, � 14, effective August 6. L. 2009: (1) and (2) amended, (HB 09-1316), ch. 313, p. 1696, � 1, effective May 21. L. 2015: (1)(a.9) and (2.5) added and (1)(b) amended, (HB 15-1174), ch. 42, p. 103, � 1, effective March 20; (1)(a.5) amended, (HB 15-1229), ch. 239, p. 885, � 2, effective May 29. L. 2019: (1) and (3) amended and (2.7) and (2.8) added, (HB 19-1197), ch. 95, p. 349, � 1, effective April 11. L. 2020: (1)(a), (1)(b), (1)(e), (2.7), and (2.8) amended, (HB 20-1052), ch. 77, p. 315, � 1, effective September 14. L. 2021: IP(1), (1)(b) (1)(e), (2.7), and (2.8) amended and (1)(f) and (1)(g) added, (HB 21-1107), ch. 153, p. 876, � 1, effective May 18; IP(1), (1)(b), (1)(e), (2.7), (2.8), and (3) amended, (1)(b.5), (1)(d.5), (1)(e.5), (1)(f), (1)(f.6), and (1)(h) added, and (1)(c) and (2) repealed, (HB 21-1015), ch. 311, p. 1899, � 1, effective June 24; (1)(a)(V) amended, (SB21-059), ch. 136, p. 724, � 55, effective October 1. L. 2022: (1) and (2.8)(b) amended and (2.8)(c) and (2.8)(d) added, (HB 22-1041), ch. 39, p. 207, � 1, effective March 24; (1)(b.5) added and (1)(n) amended, (SB 22-171), ch. 240, p. 1781, � 1, effective May 26. L. 2023: (1)(d) and (1)(n) amended and (1)(q.5) added, (SB 23-188), ch. 68, p. 247, � 15, effective April 14. L. 2024: (1)(c.5) added and (1)(n) amended, (HB 24-1104), ch. 64, p. 214, � 1, effective August 7.

Editor's note: Amendments to subsections (1)(b), (1)(e), and (1)(f) by HB 21-1107 and HB 21-1015 were harmonized.


Cross references: For the legislative declaration in SB 23-188, see section 1

of chapter 68, Session Laws of Colorado 2023.

C.R.S. § 22-2-125

22-2-125. Loan program for capital improvements in growth school districts - use of public school fund. (1) For purposes of this section:

(a)  Capital improvement means:


(I)  The acquisition or purchase of buildings or grounds;


(II)  The enlargement, improvement, remodeling, repairing, or making of

additions to any school building;

(III)  The construction or erection of school buildings;


(IV)  The equipping or furnishing of any school building, but only in

conjunction with a construction project for a new building or for an addition to an existing building or in conjunction with a project for substantial remodeling, improvement, or repair of an existing building; or

(V)  The improvement of school grounds.


(b)  Growth district means any district whose supplemental pupil

enrollment exceeded the district's pupil enrollment for the most recently completed budget year by a number greater than one percent of the district's pupil enrollment for that budget year or fifty pupils, whichever is less.

(2)  As authorized under the provisions of section 3 of article IX of the state

constitution, the state treasurer may make loans to growth districts for the purpose of funding capital improvements. The procedures for the making of loans shall be determined by the state treasurer subject to the following:

(a)  No loan shall be authorized for any capital improvement that has not been

approved by the state board in accordance with subsection (3) of this section.

(b)  No loan shall be authorized in an amount other than the amount

determined by the state board unless the state board approves the change in the loan amount; except that the state board shall not authorize an amount of a loan for any growth district that exceeds ten percent of the amount of the public school fund that the state treasurer has determined may be loaned out in accordance with subsection (5) of this section.

(c)  No loan shall be authorized unless the debt is approved by the voters of

the growth district.

(d)  No loan shall be authorized unless the method for repayment of the loan

is specified in the application. If the loan is to be repaid from a property tax mill levy, such levy must be approved at the same election that authorized the creation of the debt.

(e)  The loan shall be made as soon as possible upon approval of the loan by

the state board.

(3) (a)  On and after January 1, 2003, a growth district may apply to the state

board for a loan of public school fund moneys to be used by the growth district to pay for one or more capital improvements. The amount of the loan requested shall be an amount equal to the full cost of the capital improvement or a lesser amount that in combination with other financial resources of the growth district shall allow the capital improvement to be completed. The loan application shall be in a form prescribed by the state board and shall include:

(I)  A description of the capital improvement for which a loan is sought and a

statement of the reasons why the capital improvement is necessary;

(II)  A timeline for completion of the capital improvement;


(III)  A building permit for the capital improvement, if applicable;


(IV)  A statement of the amount of the loan requested together with an

estimate of the cost of the capital improvement prepared by a qualified builder or contractor. If the amount of the loan requested differs from the amount of the estimate of the cost of the capital improvement, the growth district shall also provide an explanation for the difference.

(V)  A plan for repaying the loan, including a proposed repayment schedule;


(VI)  A statement of the amount of moneys from other sources, if any, that the

growth district intends to use to help defray the costs of the capital improvement; and

(VII)  Any additional information that the state board may reasonably require,

by rules promulgated in accordance with article 4 of title 24, C.R.S., to help it determine whether or not to approve the loan application.

(b)  To ensure that a growth district applying for a loan can move forward

with any capital improvements quickly or develop alternative financing strategies without undue delay, the state board shall approve or disapprove a loan application no later than forty-five days after the application is submitted. To ensure that loan applications can be processed efficiently, the state board may delegate the authority to approve loan applications to a designated employee of the department. The state board or its designee shall consider all of the information in an application before approving or disapproving the application and a growth district whose loan application is denied shall have no right to further review by the state board or its designee.

(4)  The state board shall establish a repayment schedule that shall require

the growth district to make monthly payments on the loan and fully repay all moneys borrowed within ten years after the date a loan is made available pursuant to subsection (2) of this section.

(5)  The state treasurer shall determine the amount of the public school fund

that may be loaned out pursuant to this section and the rate of interest to be charged on loans. The state treasurer shall charge interest on loans made at a rate designed to match the rate of interest derived from the deposit and investment of moneys in the public school fund. Payments of the principal of and interest on all loans shall be returned to the fund.

(6)  The general assembly shall appropriate money from the general fund to

restore moneys to the public school fund, together with interest, that are lost by reason of the failure of any school district to repay a loan made pursuant to this section.

Source: L. 2002: Entire section added, p. 1742, � 15, effective June 7.


Editor's note: This section was originally numbered as 22-2-122 in House Bill

02-1349 but has been renumbered on revision for ease of location.

C.R.S. § 22-32-124

22-32-124. Building codes - zoning - planning - fees - rules - definitions. (1) (a) Prior to the acquisition of land or any contracting for the purchase thereof, the board of education of the school district in which the land is located shall consult with and advise in writing the planning commission, or governing body if no planning commission exists, that has jurisdiction over the territory in which the site is proposed to be located in order that the proposed site shall conform to the adopted plan of the community insofar as is feasible. In addition, the board of education shall submit a site development plan for review and comment to the planning commission or governing body prior to construction of any structure or building. The planning commission or governing body may request a public hearing before the board of education relating to the proposed site location or site development plan. The board of education shall thereafter promptly schedule the hearing, publish at least one notice in advance of the hearing, and provide written notice of the hearing to the requesting planning commission or governing body.

(b)  Prior to the acquisition of land for school building sites or construction of

any buildings thereon, the board of education of the school district in which the land is located also shall consult with the Colorado geological survey regarding potential swelling soil, mine subsidence, and other geologic hazards and to determine the geologic suitability of the site for its proposed use.

(c)  All buildings and structures shall be constructed in conformity with the

building and fire codes adopted by the director of the division of fire prevention and control in the department of public safety, referred to in this section as the division.

(c.5)  In constructing buildings and structures, a school district, district

charter school, or institute charter school may consult the guidelines adopted by the public school capital construction assistance board pursuant to section 22-43.7-106 (2)(a).

(d)  Nothing in this subsection (1) shall be construed to limit the authority of a

board of education to finally determine the location of the public schools of the school district and construct necessary buildings and structures.

(1.5) (a)  Prior to contracting for a facility, a charter school shall advise in

writing the planning commission, or governing body if no planning commission exists, which has jurisdiction over the territory in which the site is proposed to be located. The relevant planning commission or governing body may request the charter school to submit a site development plan for the proposed facility, but must issue such request, if any, within ten days after receiving the written advisement. If requested by the relevant planning commission or governing body, the charter school, acting on behalf of its sponsoring school board, shall submit such a site development plan. The relevant planning commission or governing body may review and comment on such plan to the governing body of the charter school, but must do so, if at all, within thirty days after receiving such plan. The relevant planning commission or governing body, if not satisfied with the response to such comments, may request a hearing before the board of education regarding such plan. Such hearing shall be held, if at all, within thirty days after the request of the relevant planning commission or governing body. The charter school then may proceed with its site development plan unless prohibited from doing so by school board resolution.

(b)  An institute charter school authorized pursuant to part 5 of article 30.5 of

this title shall proceed pursuant to the provisions of this subsection (1.5). Notwithstanding the provisions of paragraph (a) of this subsection (1.5) to the contrary, the relevant planning commission or governing body may request a hearing before the state board of education. The institute charter school then may proceed with its site development plan unless prohibited from doing so by the state board of education.

(2) (a) (I) (A)  This subsection (2) shall apply to building or structure

construction. Except as specified in subparagraph (II) of this paragraph (a), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division and that the school district or charter school, whichever is appropriate, has complied with the provisions of paragraph (b) of subsection (1) of this section. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. The affected board of education, state charter school institute, or charter school may hire and compensate third-party inspectors under contract with the division or hire and compensate other third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. If the board of education, state charter school institute, or charter school is unable to obtain a third-party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third-party inspector is used, the division shall require a sufficient number of third-party inspection reports to be submitted by the inspector to the division based upon the scope of the project to ensure quality inspections are performed. Except as specified in sub-subparagraph (B) of this subparagraph (I), the third-party inspector shall attest that inspections are complete and all violations are corrected before the board of education, state charter school institute, or charter school is issued a certificate of occupancy. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the appropriate board of education, state charter school institute, or charter school pursuant to section 24-33.5-1213, C.R.S.

(B)  If inspections are not completed and a building requires immediate

occupancy, and if the board of education, state charter school institute, or charter school has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub-subparagraph (B) pursuant to section 24-33.5-1213, C.R.S.

(II)  Pursuant to a memorandum of understanding between the appropriate

building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (a), to ensure that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division, and take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5, C.R.S., prior to prequalification. An affected board of education, state charter school institute, or charter school may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the building department shall cover actual, reasonable, and necessary costs. For purposes of this section, appropriate building department means the building department of a county, town, city, or city and county and includes a building department within a fire department.

(III)  The division shall cause copies of the building plans to be sent to the

appropriate fire department for review of fire safety issues. The fire department shall review the building plans, determine whether the building or structure is in compliance with the fire code adopted by the director of the division, and respond to the division within twenty business days; except that the fire department may request an extension of this time from the director of the division on the basis of the complexity of the building plans.

(IV)  If the fire department declines to perform the plan review or any

subsequent inspection, or if no certified fire inspector is available, the division shall perform the plan review or inspection. As used in this section, unless the context otherwise requires, certified fire inspector has the same meaning as set forth in section 24-33.5-1202 (2.5), C.R.S.

(V)  If the building or structure is in conformity with the building and fire

codes adopted by the director of the division, and if the appropriate fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the school district or by the institute charter school. The division is authorized to charge a fee to cover the actual, reasonable, and necessary costs of the inspections of buildings and structures. The amount of the fee shall be determined by the director of the division by rule, on the basis of the direct cost of providing the service.

(VI)  If the division authorizes building code inspections by a third-party

inspector pursuant to subparagraph (I) of this paragraph (a) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to subparagraph (II) of this paragraph (a), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subsection (2) shall not be construed to relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third-party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this subsection (2) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections.

(b) (I)  If the division conducts the necessary plan reviews and causes the

necessary inspections to be performed to determine that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. The fees shall cover the actual, reasonable, and necessary expenses of the division. The director of the division by rule or as otherwise provided by law may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. Any fees collected by the division pursuant to this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.

(II)  Any moneys remaining as of December 31, 2009, in the public safety

inspection fund created pursuant to section 8-1-151, C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to this paragraph (b) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.

(c)  (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, p. 1045, � 1,

effective January 1, 2010.)

(d)  The inspecting entity shall cooperate with the affected board of

education or the state charter school institute in carrying out the duties of this section.

(e)  If the inspecting entity and the board of education or the state charter

school institute disagree on the interpretation of the codes or standards adopted by the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the director of the division pursuant to article 4 of title 24, C.R.S.

(f)  The rules authorized by this subsection (2) shall be adopted in accordance

with article 4 of title 24, C.R.S.

(g)  School buildings shall be maintained in accordance with the fire code

adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.

(3)  (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, p. 1045, � 1,

effective January 1, 2010.)

Source: L. 64: p. 590, � 25. C.R.S. 1963: � 123-30-25. L. 81: Entire section

amended, p. 1064, � 1, effective June 12. L. 84: (1) R&RE and (2) amended, pp. 599, 600, �� 1, 2, effective April 5. L. 85: (2) amended, p. 338, � 6, effective July 1. L. 86: Entire section amended, p. 499, � 118, effective March 26. L. 98: (2)(b) amended, p. 1331, � 41, effective June 1. L. 2000: (1.5) added, p. 519, � 2, effective August 2. L. 2001: (1), (2), and (3) amended, p. 1138, � 66, effective June 5. L. 2004: (2) amended, p. 1592, � 28, effective June 3; (1.5) amended, p. 1635, � 39, effective July 1. L. 2006: (1), (2), and (3) amended, p. 1355, � 2, effective July 1. L. 2007: (2)(a)(IV) amended, p. 2031, � 44, effective June 1. L. 2008: (2)(a), (2)(b), (2)(c), and (3) amended, p. 1084, � 1, effective August 5. L. 2009: (1), (2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a)(IV), (2)(a)(V), (2)(b), (2)(c), (2)(e), and (3) amended and (2)(g) added, (HB 09-1151), ch. 230, p. 1045, � 1, effective January 1, 2010. L. 2011: (2)(a)(I)(A) amended, (SB 11-251), ch. 240, p. 1043, � 4, effective June 30. L. 2012: (1)(c) amended, (HB 12-1283), ch. 240, p. 1132, � 41, effective July 1. L. 2013: (1)(c.5) added, (SB 13-279), ch. 413, p. 2451, � 3, effective August 7.

Cross references: For the legislative declaration in the 2012 act amending

subsection (1)(c), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsection (1)(c.5), see section 1 of chapter 413, Session Laws of Colorado 2013.

C.R.S. § 22-32-136

22-32-136. Children's nutrition - healthful alternatives - information - facilities - local wellness policy - competitive foods. (1) The general assembly hereby recognizes that:

(a)  Overweight children and youth and obesity among children and youth are

major public health threats, and being overweight is now the most common medical condition of childhood. An estimated nine million young people in the United States are considered overweight. In Colorado, obesity in the adult population has more than doubled since 1991. Childhood obesity is related to the development of a number of preventable chronic childhood diseases such as type 2 diabetes and hypertension, and overweight children are likely to become overweight adults with increased risk of developing high cholesterol, heart disease, stroke, osteoporosis, gallbladder disease, arthritis, and endometrial, breast, prostate, and colon cancers.

(b)  Schools can play a major role in reducing the number of overweight and

obese children and youth. Schools are places where students can gain the knowledge, motivation, and skills needed for lifelong physical activity and lifelong healthy eating habits and are also places for students to practice healthy eating habits.

(c)  Meeting a student's basic nutritional and fitness needs will increase a

student's cognitive energy to learn and achieve, and, as a result, the overall educational process will be more effective.

(2)  As used in this section, unless the context otherwise requires:


(a)  Competitive food means any food or beverage available to students

that is separate from the school district's nonprofit, federally reimbursed food service program and is provided by a school-approved organization or a school-approved outside vendor.

(b)  School day means one hour prior to the start of the first class period to

one half hour after the end of the last class period; except that, for schools not offering school breakfast, school day means one half hour before the first class period to one half hour after the end of the last class period.

(3)  On or before July 1, 2006, each school district board of education is

encouraged to adopt policies ensuring that:

(a)  Every student has access to healthful food choices in appropriate portion

sizes throughout the school day. At a minimum, this includes the provision of:

(I)  Healthful meals in the school cafeteria made available to students with an

adequate time to eat;

(II)  Healthful beverages sold to students on school campuses, pursuant to

section 22-32-134.5; and

(III)  Healthful items for fundraisers, classroom parties, and rewards in the

schools.

(b) (I)  Every student and his or her parent or legal guardian has access to

information concerning the nutritional content of:

(A)  Food and beverages sold by or available from the school's food service

department at breakfast and lunch and throughout the school day; and

(B)  Competitive food sold or available anywhere on school district property

on a recurring basis during the school day.

(II)  The information described in subparagraph (I) of this paragraph (b) may

be made available by placing the information on the school district website or printing the information on the menus sent home with students or by posting the information in a visible place in each school building.

(c)  Every student has access to fresh fruits and vegetables at appropriate

times during the school day. Whenever practical, school districts shall work to acquire fresh produce from Colorado sources.

(d)  Every student has access to age-appropriate and culturally sensitive

instruction designed to teach lifelong healthy eating habits and a healthy level of physical activity.

(e)  Every student has access to a school facility with a sufficient number of

functioning water fountains in accordance with local building codes, or other means which provide him or her with sufficient water.

(f)  Every student has access to age-appropriate daily physical activity.


(4)  Each school district board of education is encouraged to establish rules

specifying the time and place at which competitive foods may be sold on school property in order to encourage the selection of healthful food choices by students.

(5)  On or before July 1, 2006, each school district board of education is

encouraged to adopt a local wellness policy as provided for in the federal Child Nutrition and WIC Reauthorization Act of 2004, Public Law 108-265, which provides, in part, that, not later than the first day of the school year beginning after June 30, 2006, each school district participating in a program authorized by the Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et seq., or the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq., shall establish a local school wellness policy for schools under the local educational agency that, at a minimum:

(a)  Includes goals for nutrition education, physical activity, and other school-based activities that are designed to promote student wellness in a manner that the

school district determines is appropriate;

(b)  Includes nutrition guidelines selected by the local school district for all

foods available on each school campus during the school day with objectives of promoting student health and reducing childhood obesity and overweight and type 2 diabetes;

(c)  Provides an assurance that guidelines for reimbursable school meals

shall not be less restrictive than regulations and guidance issued by the secretary of agriculture pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act, 42 U.S.C. sec. 1779, and sections 9 (f)(1) and 17 (a) of the Richard B. Russell National School Lunch Act, 42 U.S.C. secs. 1758 (f)(1) and 1766 (a), as those regulations and guidance apply to schools;

(d)  Establishes a plan for measuring implementation of the local wellness

policy, including designation of one or more persons within the school district or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and

(e)  Involves parents, representative of the school food authority, the school

board and school administrators, and the public, in the development of the school wellness policy.

(5.5)  On or before October 1, 2008, each school district board of education is

encouraged to expand its local wellness policy adopted pursuant to subsection (5) of this section to include goals for:

(a)  Increasing the availability of courses in physical education, including but

not limited to, for a school district that enrolls more than one thousand five hundred students, establishing the goal of ensuring that all physical education classes offered by the school district are taught by persons who are licensed and endorsed pursuant to article 60.5 of this title to teach physical education;

(b)  Increasing classes in health education;


(c)  Providing health services;


(d)  Providing nutrition services;


(e)  Providing increased access to mental health counseling and services;


(f)  Developing and maintaining a healthy school environment in each of the

schools of the school district;

(g)  Increasing the level of family and community involvement in developing

and maintaining an emphasis on healthy lifestyles and choices to enable students to retain healthy behaviors throughout their lives.

(6)  Nothing in this section shall be construed to prohibit the sale or

distribution of any food or beverage item through periodic fundraisers by a student, teacher, or school group when the item is for sale after completion of the school day.

Source: L. 2005: Entire section added, p. 225, � 1, effective August 8. L.

2008: (3)(a)(II) amended, p. 642, � 4, effective August 5; (5.5) added, p. 671, � 1, effective August 5.

Cross references: For the legislative declaration contained in the 2008 act

amending subsection (3)(a)(II), see section 1 of chapter 185, Session Laws of Colorado 2008.

C.R.S. § 23-71-122

23-71-122. Local college district board of trustees - specific powers - rules - definitions. (1) In addition to any other power granted by law to a board of trustees of a local college district, each board has the power to:

(a)  Take and hold in the name of the district so much real and personal

property as may be reasonably necessary for any purpose authorized by law;

(b)  Sue and be sued and be a party to contracts for any purpose authorized

by law;

(c)  Purchase real property on such terms, including but not limited to

installment purchase plans, as the board sees fit or lease or rent real property on such terms as the board sees fit for any school sites, buildings, or structures or for any school purpose authorized by law; determine the location of each school site, building, or structure; and construct, erect, repair, alter, and remodel buildings and structures;

(d)  Sell and convey district property for any purpose authorized by law, upon

such terms and conditions as it may approve; and lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same;

(e)  Rent or lease district property and permit the use of district property by

community organizations upon such terms and conditions as it may approve;

(f)  Employ a chief executive officer to administer the affairs and the

programs of the district, pursuant to a contract;

(g)  Procure group life, health, or accident insurance covering employees of

the district pursuant to section 10-7-203, C.R.S.;

(h)  Provide for the necessary expenses of the board in the exercise of its

powers and the performance of its duties and reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;

(i)  Procure such insurance coverage on the building, structures, and

equipment owned by the district, or in which the district has an insurable interest, as, in the judgment of the board, may be adequate from time to time;

(j)  Procure such casualty insurance coverage on the personal property

owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;

(k)  Procure public liability insurance covering the district and the directors

and employees thereof;

(l)  Procure liability and property damage insurance on buses or motor

vehicles owned or rented by the district and accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the district, including injury received in the course of entering or alighting from any school bus or other means of transportation furnished by the district;

(m)  Elect to have moneys belonging to the district withdrawn from the

custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;

(n)  Accept gifts, donations, or grants of any kind made to the district and

expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;

(o)  Authorize the use of facsimile signatures on teacher contracts, bonds,

and bond coupons by appropriate resolution;

(p)  Take and hold, under the provisions of any law in effect providing for the

exercise of the rights of eminent domain, so much real estate as may be necessary for the location and construction of a local district college building and for the convenient use of said local district college;

(q)  Contract with another local college district or public school district or

with the governing body of a state college or university, with the tribal corporation of any Indian tribe or nation, with any federal agency or officer or any county, city, or city and county, or with any natural person, body corporate, or association for the performance of any service, activity, or undertaking which any school may be authorized by law to perform or undertake. Such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the parties so contracting and shall provide that the service, activity, or undertaking be of comparable quality and meet the same requirements and standards as would be necessary if performed by the school district. A contract executed pursuant to this paragraph (q) may include, among other things, the purchase or renting of necessary building facilities, equipment, supplies, and employee services.

(r)  Issue general obligation bonds, refund the same, and provide for the

payment thereof by taxation for the purposes, to the extent, and in the manner provided by parts 5 and 6 of this article and pledge the revenues of the district as additional security for the payment of general obligation bonds. Each local college district also has the power to issue general obligation refunding bonds to refund revenue bonds or to refund other revenue securities upon the approval of a majority of the eligible electors voting at an election called and held in the manner provided by part 5 of this article for elections on school building bonds.

(s)  Cooperate with the state board for community colleges and occupational

education in carrying out the provisions of the national and state vocational education and rehabilitation acts, or amendments thereto, or any such acts providing for vocational education or vocational rehabilitation of individuals with disabilities;

(t)  Enter into a contract for administrative services with a term not to exceed

five years, for capital outlay purposes in accordance with paragraph (c) of this subsection (1) and parts 5, 6, and 7 of this article, or for the purchase of real property pursuant to paragraph (c) of this subsection (1). Any such contract shall be valid and enforceable between the parties to the contract.

(u)  Adopt written policies, rules, and regulations, not inconsistent with law,

which may relate to study, discipline, conduct, safety, and welfare of all students, or any classification of students, enrolled in the local district college and adopt written procedures not inconsistent with this article for the expulsion of or denial of admission to a student, which procedures shall afford due process to students and school personnel;

(v) (I)  Determine the location of each school site, building, or structure and

construct, erect, repair, alter, rebuild, replace, and remodel buildings and structures without a permit or fee or compliance with a local building code. The authority delegated by this subparagraph (I) shall exist notwithstanding any authority delegated to or vested in any county, town, city, or city and county. Prior to the acquisition of land for school building sites or the construction of buildings thereon, the board of trustees of a local college district shall consult with the planning commission that has jurisdiction over the territory in which the site, building, or structure is proposed to be located, on issues related to the location of the site, building, or structure in order to ensure that the proposed site, building, or structure conforms to the adopted plan of the community insofar as is feasible. All buildings and structures shall be constructed in conformity with the building and fire codes adopted by the director of the division of fire prevention and control, referred to in this section as the division, in the department of public safety. The board shall notify the planning commission that has jurisdiction over the territory in which a site, building, or structure is proposed to be located, in writing, of the location of the site, building, or structure before awarding a contract for the purchase or the construction thereof.

(II) (A)  This paragraph (v) shall apply to building or structure construction.

Except as specified in sub-subparagraph (A.5) of this subparagraph (II), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform all final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified by the division in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. The local college district may hire and compensate third-party inspectors under contract with the division to perform inspections or hire and compensate other third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. If the local college district is unable to obtain a third-party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third-party inspector is used, the director of the division shall require a sufficient number of inspection reports to be submitted to the division based upon the scope of the project to ensure quality inspections are performed. The third-party inspector shall attest that inspections are complete before the local college district is issued a certificate of occupancy unless the criteria for a temporary certificate of occupancy are met. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the local college district pursuant to section 24-33.5-1213, C.R.S. If inspections are not complete and a building requires immediate occupancy, and if the local college district has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub-subparagraph (A) pursuant to section 24-33.5-1213, C.R.S.

(A.5)  Pursuant to a memorandum of understanding between the appropriate

building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub-subparagraph (A) of this subparagraph (II), to ensure that a building or structure has been constructed in conformity with the building and fire codes adopted by the director of the division, and to take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5, C.R.S., prior to the prequalification. An affected local college district may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the department shall cover actual, reasonable, and necessary costs. For purposes of this section, appropriate building department means the building department of a county, town, city, or city and county and includes a building department within a fire department.

(B)  The division shall cause copies of the building plans to be sent to the

appropriate fire department for review of fire safety issues. The fire department shall review the building plans, determine whether the building or structure is in compliance with the fire code adopted by the director of the division, and respond to the division within twenty business days; except that the fire department may request an extension of this time from the director of the division on the basis of the complexity of the building plans.

(C)  If the fire department declines to perform the plan review or any

subsequent inspection, or if no certified fire inspector is available, the division shall perform the plan review or inspection. As used in this section, certified fire inspector has the same meaning as set forth in section 24-33.5-1202 (2.5), C.R.S.

(D)  If the building or structure is in conformity with the building and fire

codes adopted by the director of the division and if the fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the local college district.

(E)  If the division authorizes building code inspections by a third-party

inspector pursuant to sub-subparagraph (A) of this subparagraph (II) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to sub-subparagraph (A.5) of this subparagraph (II), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subparagraph (II) shall not be construed to relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third-party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this paragraph (v) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections.

(III)  If the division conducts the necessary plan reviews and causes the

necessary inspections to be performed to determine that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. Such fees shall cover the actual, reasonable, and necessary expenses of the division. Fees collected by the division pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created pursuant to section 24-33.5-1207.7, C.R.S. The director of the division, by rule or as otherwise provided by law, may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. The rules authorized by this paragraph (v) shall be promulgated in accordance with article 4 of title 24, C.R.S.

(IV)  Any moneys remaining as of December 31, 2009, in the public safety

inspection fund created in section 8-1-151, C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to subparagraph (III) of this paragraph (v) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.

(V)  The inspecting entity shall cooperate with the affected board of trustees

of a local college district in carrying out the duties of this section.

(VI)  If the inspecting entity and the board of trustees of a local college

district disagree on the interpretation of the codes and standards of the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the division pursuant to article 4 of title 24, C.R.S.

(VII)  School buildings shall be maintained in accordance with the fire code

adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.

(w)  Enter into a cooperative arrangement with the division of fire prevention

and control in the department of public safety to develop a system in which a qualified volunteer firefighter may receive a tuition voucher to attend courses at a local community college, including Aims community college and Colorado mountain college, in accordance with section 24-33.5-1216, C.R.S.

(1.5)  Notwithstanding the provisions of subsection (1) of this section, if

Colorado Northwestern community college is accepted into the state system pursuant to section 23-71-207, the powers of the Rangely junior college district board of trustees shall be limited to those specified in section 23-71-207 (3)(a)(V).

(2)  Nothing in this section shall authorize a local college district to expend

proceeds from the sale of general obligation or revenue bonds issued by said district to procure or erect a school or other building beyond the territorial limits of the district.

Source: L. 75: Entire article added, p. 756, � 1, effective July 1. L. 83: (1)(t)

amended and (1)(v) added, p. 820, � 3, effective July 1. L. 85: (1)(t) amended, p. 734, � 6, effective May 31. L. 86: IP(1), (1)(c), (1)(h) to (1)(j), (1)(m), (1)(n), and (1)(v) amended, p. 852, � 23, effective July 1; (1)(v) amended, p. 500, � 119, effective July 1. L. 92: (1)(r) amended, p. 857, � 65, effective January 1, 1993. L. 98: (1.5) added, p. 902, � 4, effective May 26. L. 2001: (1)(v) amended, p. 1140, � 69, effective June 5. L. 2006: (1)(v) amended, p. 1359, � 4, effective July 1. L. 2008: (1)(v)(II), (1)(v)(III), (1)(v)(IV), and (1)(v)(VII) amended, p. 1088, � 2, effective August 5. L. 2009: (1)(w) added, (SB 09-021), ch. 414, p. 2288, � 2, effective August 5; (1)(v)(I), (1)(v)(II)(A), (1)(v)(II)(A.5), (1)(v)(II)(B), (1)(v)(II)(C), (1)(v)(II)(D), (1)(v)(III), (1)(v)(IV), (1)(v)(VI), and (1)(v)(VII) amended, (HB 09-1151), ch. 230, p. 1049, � 2, effective January 1, 2010. L. 2011: (1)(v)(II)(A) amended, (SB 11-251), ch. 240, p. 1044, � 5, effective June 30. L. 2012: (1)(v)(I) and (1)(w) amended, (HB 12-1283), ch. 240, p. 1132, � 43, effective July 1. L. 2014: IP(1) and (1)(s) amended, (SB 14-118), ch. 250, p. 985, � 19, effective August 6. L. 2018: (1)(d) and (1)(e) amended, (HB 18-1366), ch. 258, p. 1587, � 1, effective August 8.

Editor's note: Amendments to subsection (1)(v) in Senate Bill 86-12 and

House Bill 86-1133 were harmonized.

Cross references: For the legislative declaration in the 2012 act amending

subsections (1)(v)(I) and (1)(w), see section 1 of chapter 240, Session Laws of Colorado 2012.

C.R.S. § 24-30-1303

24-30-1303. Office of the state architect - responsibilities. (1) The office of the state architect shall:

(a)  With the approval of the governor, negotiate and execute leases on

behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use;

(a.5)  Notwithstanding section 24-30-1301 (15)(a), with the approval of the

governor, negotiate and execute leases on behalf of the state for privately owned property, including land, office space, buildings, and special use interests;

(b)  With the approval of the governor, negotiate and approve easements and

rights-of-way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state;

(c)  Repealed.


(d)  Supervise and be responsible for the expenditure of funds appropriated

by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education;

(e)  Maintain a current record of balances by project in the capital

construction and controlled maintenance funds;

(f)  Cause to be developed and enforced methods of internal control, on

standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders;

(g)  Repealed.


(h)  Develop, or cause to be developed, with the approval of the governor,

specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly;

(i)  Develop a construction procedures manual for real property, with the

approval of the governor;

(j)  Develop, or cause to be developed, standards of inspection, with the

approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant;

(k)  Coordinate initiation of budget requests for those capital construction or

capital renewal projects for which the executive director shall be designated as principal representative by the governor;

(k.5)  Coordinate initiation of budget requests for controlled maintenance

projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan.

(l) and (m)  Repealed.


(n) (I)  (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)


(II)  Develop, or cause to be developed, methods of control on a standardized

basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning.

(o)  (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)


(p)  Develop and maintain, or cause to be developed and maintained, at state

agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article;

(q)  Develop and maintain, or cause to be developed and maintained, at state

agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects;

(r)  Promulgate rules for independent third-party review of facility program

plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be.

(s) (I)  Promulgate rules and regulations for the administration of the bid

procedure and acceptable methods for determining the lowest responsible bidder;

(II)  In cooperation with the project architect, engineer, or consultant, be

responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine;

(III)  When directly responsible for the bid procedure, recommend the lowest

responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant;

(IV)  Promulgate, with the assistance of the attorney general and the state

controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education;

(V)  Review and approve modifications to such standard contract language;


(s.5)  Work with the office of state planning and budgeting, the Colorado

commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects;

(t) (I)  Make recommendations on capital construction and capital renewal

project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan.

(II)  Be responsible for the preparation of the state's controlled maintenance

budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee;

(u) and (v)  Repealed.


(w)  Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction,

assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis.

(x) and (y)  Repealed.


(z)  Establish minimum building codes, with the approval of the governor and

the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist.

(aa)  Repealed.


(bb)  Develop and maintain a list of the information required to be included in

facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5);

(cc)  Develop procedures for the submission of facility management plans

and updates pursuant to section 24-30-1303.5 (3.5); and

(dd)  Review facility management plans and updates submitted pursuant to

section 24-30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee.

(ee)  (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, � 75,

effective August 5, 2009.)

(ff) (I) (A)  On or before January 1, 2025, adopt and enforce an energy code

that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.

(B)  On or before January 1, 2030, adopt and enforce an energy code that

achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.

(II)  Notwithstanding any other provision of this subsection (1)(ff), the office of

the state architect may make any amendments to an energy code that the office of the state architect deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(III)  Nothing in this subsection (1)(ff) restricts the ability of an investor-owned

utility with approval from the public utilities commission to:

(A)  Provide incentives or other energy efficiency program services to help

the office of the state architect or builders comply with the requirements of this subsection (1)(ff); or

(B)  Earn shareholder incentives and claim credits toward its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff).

(IV)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the office of the state architect or any builders in complying with the requirements of this subsection (1)(ff).

(V) (A)  A utility shall be allowed to count mass-based emissions reductions

associated with the requirements of this subsection (1)(ff) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(B)  A utility subject to regulation by the public utilities commission shall not

be allowed to count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (1)(ff) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

(2)  The provisions of subsection (1) of this section shall not apply to lands

under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife.

(3) (a)  All real property, except public roads and highways, projects under

the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section.

(b)  Projects under the supervision of the division of parks and wildlife that

are excluded from paragraph (a) of this subsection (3), shall:

(I)  Maintain a current record of balances by capital project, including but not

limited to:

(A)  Planned budgets, actual expenditures, and additions or deletions to and

components of projects; and

(B)  Items categorized for professional services, construction or

improvement, contingencies, and moveable equipment.

(II)  Notwithstanding section 24-1-136 (11)(a)(I), report the current record of

balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee.

(c) (I)  All real property under the supervision of the judicial department

erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards.

(II)  The judicial department is authorized to hire private construction

managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project.

(III)  The judicial department is authorized to perform the responsibilities and

functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department.

(4)  When the principal representative is a legislative agency, the principal

representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section.

(5) (a)  The office may delegate to state agencies or state institutions of

higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently.

(b)  The office may authorize state agencies or state institutions of higher

education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation.

(c)  If the state architect determines that the governing board of a state

institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2).

(d)  Upon application by any state agency or state institution of higher

education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form.

(6)  Nothing in this article is intended to diminish the authority granted to the

judicial department or the state court administrator in Senate Bill 08-206.

(7)  By June 30, 2025, the office of the state architect shall develop, in

coordination with the Colorado water conservation board in the department of natural resources, a floodplain management program for development, as defined in 44 CFR 59.1, on state-owned land located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program. The purpose of the floodplain management program is to ensure that all development, as defined in 44 CFR 59.1, on state-owned land located in such counties and municipalities is in compliance with the minimum floodplain management criteria required by the national flood insurance program, as well as the Colorado water conservation board's rules and regulations for regulatory floodplains in Colorado. At the discretion of the office of the state architect, the floodplain management program may also apply to state-leased properties located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program.

Source: L. 79: Entire part added, pp. 881, 894, �� 1, 2, effective July 1. L. 83:

(4) amended, p. 893 � 1, effective March 22; (1)(c) repealed, p. 896, � 3, effective June 1. L. 89: (5) added, p. 1026, � 1, effective April 27; (1)(k.5) added, p. 1028, � 1, effective June 1. L. 90: (1)(f), (1)(j), (1)(l), (1)(n) to (1)(r), (1)(w), (3), and (5) amended, (1)(g), (1)(m), (1)(u), (1)(x), and (1)(y) repealed, (1)(s) and (1)(t) R&RE, and (1)(z) added, pp. 1185, 1191, 1187, 1188, �� 1, 8, 2, 3, effective April 18. L. 91: (5)(b) amended, p. 1058, � 16, effective July 1. L. 93: (1)(v) amended and (1)(aa) added, pp. 1654, 917, �� 57, 2, effective July 1. L. 94: (1)(h), (1)(n), and (1)(o) amended, p. 567, � 20, effective April 6. L. 96: (1)(k.5) amended, p. 1519, � 57, effective June 1. L. 97: (1)(p) amended, p. 108, � 1, effective March 24. L. 2001: (3) amended, p. 227, � 1, effective March 28. L. 2003: (1)(v) repealed, p. 1421, � 2, effective April 29; (1)(ee) added, p. 2502, � 3, effective June 5; (1)(bb), (1)(cc), and (1)(dd) added, p. 962, � 2, effective July 1. L. 2007: (1)(k.5) amended, p. 868, � 2, effective May 14. L. 2009: (1)(cc), (1)(dd), and (1)(ee) amended, (SB 09-292), ch. 369, p. 1967, � 75, effective August 5; (5)(c) added, (SB 09-290), ch. 374, p. 2040, � 4, effective August 5. L. 2010: (5)(d) added, (HB 10-1181), ch. 351, p. 1622, � 7, effective June 7. L. 2014: (1)(a), (1)(b), (1)(d), (1)(i), (1)(k), (1)(l), (1)(n)(II), (1)(p), (1)(q), (1)(s)(II), (1)(s)(IV), (1)(t)(I), (1)(w), (1)(z), (3)(a), and (5) amended and (3)(c) and (6) added, (HB 14-1387), ch. 378, p. 1805, � 4, effective June 6. L. 2015: IP(1), (1)(s)(II), (1)(t)(I), (1)(w), (1)(z), (3)(a), (4), and (5) amended, (1)(l) repealed, and (1)(s.5) added, (SB 15-270), ch. 296, p. 1207, � 3, effective June 5. L. 2016: (5)(c) amended, (SB 16-204), ch. 222, p. 852, � 4, effective June 6. L. 2017: (3)(b)(II) amended, (HB 17-1257), ch. 254, p. 1063, � 1, effective August 9. L. 2021: (1)(a.5) added, (HB 21-1126), ch. 36, p. 141, � 1, effective April 15. L. 2022: (1)(ff) added, (HB 22-1362), ch. 301, p. 2179, � 4, effective June 2. L. 2024: (7) added, (SB 24-179), ch. 449, p. 3128, � 1, effective August 7.

Editor's note: Subsection (1)(aa) provided for the repeal of subsection (1)(aa),

effective January 1, 1996. (See L. 93, p. 917.)

Cross references: For the legislative declaration in HB 14-1387, see section 1

of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-30-2001

24-30-2001. Definitions. As used in this part 20, unless the context otherwise requires:

(1)  Energy cost-savings contract means a utility cost-savings contract or a

vehicle fleet operational and fuel cost-savings contract.

(1.3)  Energy cost-savings measure means a utility cost-savings measure or

a vehicle fleet operational and fuel cost-savings measure.

(1.5)  Energy performance contract means a contract for evaluations,

recommendations, or implementation of one or more energy cost-savings measures designed to produce utility cost savings, operation and maintenance cost savings, or vehicle fleet operational and fuel cost savings, which contract:

(a)  Sets forth savings attributable to the calculated energy cost savings or

operation and maintenance cost savings for each year during the contract period;

(b)  Provides that the amount of actual savings for each year during the

contract period shall exceed annual contract payments, including maintenance costs, to be made during such year by the state agency contracting for the energy cost-savings measures; except that, for the purposes of this part 20 only, the term annual contract payments does not include moneys received by the state from rebates, gifts, grants, or donations specifically designated by the gifting, granting, or donating party for the design or implementation of an energy cost-savings measure or state moneys that have been specifically appropriated in a distinct line item, or, in the case of the department of transportation, otherwise set aside in the department's budget, for the design or implementation of an energy cost-savings measure that is wholly addressed within the scope of the energy cost-savings contract;

(c)  Requires the party entering into the energy performance contract with

the state agency to provide a written guarantee that the sum of energy cost savings and operation and maintenance cost savings for each year during the first three years of the contract period shall not be less than the calculated savings for that year described in paragraph (a) of this subsection (1.5); and

(d)  Requires payments by a state agency to be made within twelve years

after the date of the execution of the contract; except that the maximum term of the payments shall be less than the cost-weighted average useful life of energy cost-savings equipment for which the contract is made, not to exceed twenty-five years.

(2)  Operation and maintenance cost savings means a measurable decrease

in operation and maintenance costs that is a direct result of the implementation of one or more utility cost-savings measures or one or more vehicle fleet operational and fuel cost-savings measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs.

(3)  Shared-savings contract means a contract for one or more energy cost-savings measures that do not involve capital equipment projects, which contract:


(a)  Provides that all payments to be made by the state agency contracting

for the energy cost-savings measures shall be a stated percentage of calculated savings of energy costs attributable to such measures over a defined period of time and that such payments shall be made only to the extent that such savings occur; except that this paragraph (a) shall not apply to payments for maintenance and repairs and obligations on termination of the contract prior to its expiration;

(b)  Provides for an initial contract period of no longer than ten years; and


(c)  Requires no additional capital investment or contribution of funds.


(4)  State agency means a department or institution of this state, including

institutions of higher education.

(5)  Utility cost savings means:


(a)  A cost savings caused by a reduction in metered or measured physical

quantities of a bulk fuel or utility resulting from the implementation of one or more energy conservation measures when compared with an established baseline of usage; or

(b)  A decrease in utility costs as a result of changes in applicable utility rates

or utility service suppliers. The savings shall be calculated in comparison with an established baseline of utility costs.

(6)  Utility cost-savings contract means an energy performance contract or

a shared-savings contract or any other agreement in which utility cost savings are used to pay for services or equipment.

(7)  Utility cost-savings measure means any installation, modification, or

service that is designed to reduce energy consumption and related operating costs in buildings and other facilities and includes, but is not limited to, the following:

(a)  Insulation in walls, roofs, floors, and foundations and in heating and

cooling distribution systems;

(b)  Heating, ventilating, or air conditioning and distribution system

modifications or replacements in buildings or central plants;

(c)  Automatic energy control systems;


(d)  Replacement or modification of lighting fixtures;


(e)  Energy recovery systems;


(f)  Renewable energy and alternate energy systems;


(g)  Cogeneration systems that produce steam or forms of energy, such as

heat or electricity, for use primarily within a building or complex of buildings;

(h)  Devices that reduce water consumption or sewer charges;


(i)  Changes in operation and maintenance practices;


(j)  Procurement of low-cost energy supplies of all types, including

electricity, natural gas, and other fuel sources, and water;

(k)  Indoor air quality improvements that conform to applicable building code

requirements;

(l)  Daylighting systems;


(m)  Building operation programs that reduce utility and operating costs

including, but not limited to, computerized energy management and consumption tracking programs, staff and occupant training, and other similar activities;

(n)  Services to reduce utility costs by identifying utility errors and optimizing

existing rate schedules under which service is provided; and

(o)  Any other location, orientation, or design choice related to, or installation,

modification of installation, or remodeling of, building infrastructure improvements that produce utility or operational cost savings for their appointed functions in compliance with applicable state and local building codes.

(8)  Vehicle fleet operational and fuel cost savings means a measurable

decrease in the operation and maintenance costs of state vehicles that is associated with fuel or maintenance based on higher efficiency ratings or alternative fueling methods, including but not limited to savings from the reduction in maintenance requirements and a reduction in or the elimination of projected fuel purchase expenses as a direct result of investment in higher efficiency or alternative fuel vehicles or vehicle or charging infrastructure.

(9)  Vehicle fleet operational and fuel cost-savings contract means an

energy performance contract or shared-savings contract or any other agreement in which vehicle fleet operational and fuel cost savings are used to pay for the cost of the vehicle or associated capital investments.

(10)  Vehicle fleet operational and fuel cost-savings measure means any

installation, modification, or service that is designed to reduce energy consumption and related operating costs in vehicles and includes, but is not limited to, the following:

(a)  Vehicle purchase or lease costs either in full or in part;


(b)  Charging or fueling infrastructure to appropriately charge or fuel

alternative fuel vehicles included in an energy cost-savings contract.

Source: L. 2001: Entire part added, p. 1088, � 1, effective August 8. L. 2010:

(1)(b) and (7)(o) amended, (SB 10-207), ch. 410, p. 2027, � 2, effective June 10. L. 2013: (1), (2), IP(3), and (3)(a) amended and (1.3), (1.5), (8), (9), and (10) added, (SB 13-254), ch. 403, p. 2358, � 1, effective June 5.

C.R.S. § 24-32-130

24-32-130. Local government affordable housing development incentives grant program - local government planning grant program - creation - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Affordable housing means:


(I)  For a household residing in housing on a rental basis, annual income of the

household is at or below eighty percent of the area median income of households of that size in the county in which the housing is located;

(II)  For a household residing in housing on a home ownership basis, annual

income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; or

(III)  Housing that incorporates mixed-income development.


(b)  Department means the department of local affairs.


(c)  Eligible recipient means a local government that is eligible to receive a

grant through the housing development incentives grant program or the planning grant program.

(d)  Housing development incentives grant program means the local

government affordable housing development incentives grant program created in subsection (2) of this section.

(e)  Local government means a county, a municipality, or a city and county.


(f)  Mixed income development means housing that incorporates mixed

income development in that some, but not all, housing units within a particular development have restricted rates at or below the income levels specified in subsection (1)(a) of this section in addition to some units that are above such income levels with or without such restricted rates.

(g)  Planning grant program means the local government planning grant

program created in subsection (5) of this section.

(2)  There is hereby created in the department the local government

affordable housing development incentives grant program to provide grants to local governments that adopt one or more policy or regulatory tools that create incentives to promote the development of affordable housing. A local government that adopts such tools in accordance with this section is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community or region that are driven by community benefits and that focus on critical housing needs as identified by the local government. The division shall administer the housing development incentives grant program.

(3) (a)  As part of the policies, procedures, and guidelines the division is

required to adopt for the housing development incentives grant program pursuant to subsection (6)(a) of this section, the division shall develop a menu of different policy or regulatory tools that local governments may adopt as incentives to promote affordable housing development within their territorial boundaries or across their region.

(b) (I)  The menu of tools the division must develop pursuant to subsection

(3)(a) of this section must include such incentives to promote affordable housing development including but not limited to:

(A)  The use of vacant publicly owned real property within the local

government for the development of affordable housing;

(B)  The creation of a program to subsidize or otherwise reduce local

development review or fees, including but not limited to building permit fees, planning waivers, and water and sewer tap fees, for affordable housing development;

(C)  The creation of an expedited development review process for affordable

housing aimed at households the annual income of which is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;

(D)  The creation of an expedited development review process for acquiring

or repurposing underutilized commercial property that can be rezoned to include affordable housing units, including the preservation of existing affordable housing units;

(E)  The establishment of a density bonus program to increase the

construction of units that meet critical housing needs in the local community;

(F)  With respect to water utility charges, the creation of processes to

promote the use of sub-metering of utility charges for affordable housing projects and the creation of expertise in water utility matters dedicated to affordable housing projects;

(G)  With respect to infrastructure, the creation of a dedicated funding source

to subsidize infrastructure costs and associated fees related to publicly owned water, sanitary sewer, storm sewers, and roadways infrastructure;

(H)  Granting duplexes, triplexes, or other appropriate multi-family housing

options as a use by right in single-family residential zoning districts;

(I)  The classification of a proposed affordable housing development as a use

by right when it meets the building density and design standards of a given zoning district;

(J)  Authorizing accessory dwelling units as a use by right on parcels in single

family zoning districts that meet the safety and infrastructure capacity considerations of local governments;

(K)  Allowing planned unit developments with integrated affordable housing

units;

(L)  Allowing the development of small square footage residential unit sizes;


(M)  Lessened minimum parking requirements for new affordable housing

developments; and

(N)  The creation of a land donation, land acquisition, or land banking

program.

(II)  In addition to the items listed in subsection (3)(b)(I) of this section, the

policies, procedures, and guidelines adopted by the division must also allow for the adoption by a local government of additional policy or regulatory tools that provide novel, creative, or innovative incentives to the development of affordable housing.

(4) (a)  In the policies, procedures, and guidelines the division is required to

adopt for the housing development incentives grant program pursuant to subsection (6)(a) of this section, the division shall specify, without limitation:

(I)  The manner by which a local government becomes an eligible recipient for

the grant program and the criteria used to determine eligibility;

(II)  The manner in which a local government's ongoing commitment to refine

and expand its land use policies affects the competitiveness of its grant application; and

(III)  A requirement that a local government shall select not less than three

options from the menu of policy or regulatory tools specified in subsection (3)(b) of this section.

(b)  In evaluating applications for grants from the housing development

incentives grant program, the division shall prioritize proposals submitted by local governments based on the degree to which the grant award, either on its own, or as part of other incentives made available to the eligible recipient:

(I)  Represents geographic diversity throughout the state with respect to the

different kinds of communities being awarded grants;

(II)  Satisfies the goal of achieving best practices in affordable housing

development whether with respect to the menu of policy or regulatory tools adopted by the local government or that represents a novel, creative, or innovative approach to the development of affordable housing;

(III)  Offers maximum impact in initiating affordable housing creation within

the local community or region that is driven by community benefits and that focuses on critical housing needs as identified by the local government;

(IV)  Extends or advances existing approaches by the local government to

initiate housing creation whether with respect to the production of housing units or longer term policy changes;

(V)  Represents diversity in the type of affordable housing created for rental

housing in accordance with subsection (1)(a)(I) of this section and for home ownership in accordance with subsection (1)(a)(II) of this section;

(VI)  Initiates or preserves housing affordability that can be maintained for a

long-term period of affordability as negotiated by the department and the local government and that allows the local government to determine the method for achieving affordability; and

(VII)  Supports sustainable development patterns such as infill and the

redevelopment of existing buildings.

(c)  Notwithstanding any other provision of law, with respect to the awarding

of grants under the housing development incentives grant program, the division shall prioritize its funding in favor of those local governments that demonstrate the sufficient use of local incentives for affordable housing development in such manner as to be able to leverage funding for the maximum impact on the number of affordable housing units built over time and that are affordable as negotiated by the department and local governments.

(5)  There is hereby created in the department the local government planning

grant program to provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing as described in subsection (3) of this section and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community, including considerations of equity, or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the division. As part of its administration of the planning grant program, the division shall provide assistance to local governments on best land use practices and tools and shall update and publish model county and municipal land use codes for the benefit of local governments across the state.

(6) (a)  On or before September 1, 2021, the executive director of the

department or the executive director's designee shall adopt policies, procedures, and guidelines for the housing incentives grant program and planning grant program that include, without limitation:

(I)  Procedures and timelines by which an eligible recipient may apply for a

grant;

(II)  Criteria for determining the amount of grant awards;


(III)  Performance criteria for grant recipients' projects; and


(IV)  Reporting requirements for grant recipients.


(b)  Notwithstanding any other provision of this section, the amount of any

grant award under either the housing development incentives grant program or the planning grant program and any restrictions or conditions placed upon the use of grant money awarded is within the discretion of the division in accordance with the requirements of this section.

(c)  To the extent applicable, and unless otherwise required by this section,

requirements governing the process of awarding a Colorado heritage planning grant under part 32 of this title 24 govern the process for obtaining a grant from the housing development incentives grant program or the planning grant program under this section.

(7)  All funding of any grants awarded under either the housing development

incentives grant program or the planning grant program must be made entirely out of the money transferred from the general fund and the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the Colorado heritage communities fund created in section 24-32-3207 (1) in accordance with section 24-32-3207 (6). All costs incurred by the division in administering either the housing development incentives grant program or the planning grant program must be paid out of the money transferred under section 24-32-3207 (6). The division may use up to four percent of any money transferred to it under this section to cover its administrative costs in administering or evaluating either the housing development incentives grant program or the planning grant program. All money transferred into the Colorado heritage communities fund in accordance with section 24-32-3207 (6) must be expended before July 1, 2025. Any money transferred into the fund in accordance with this subsection (7) that is not expended or encumbered from any appropriation at the end of any fiscal year is available for expenditure before July 1, 2025, without further appropriation.

(8) (a)  On or before November 1, 2022, and on or before November 1, 2023,

the executive director of the department or the executive director's designee shall publish a report summarizing the use of all money that was awarded as grants from the housing development incentives grant program in the preceding fiscal year. At a minimum, the report must specify the number of local governments that applied for a grant award, including the number of local governments that were not awarded a grant; the policy or regulatory tools adopted by the local governments that qualified for a grant award; the amount of grant money distributed to each grant recipient; and a description of each grant recipient's use of the grant money. In the report, the division shall also provide its recommendations concerning future administration of the grant program. The report must be shared with the general assembly and posted on the department's website.

(b)  On or before November 1, 2022, and on or before November 1, 2023, the

executive director of the department or the executive director's designee shall publish a report summarizing the use of all money that was awarded as grants from the planning grant program in the preceding fiscal year. At a minimum, the report must specify the amount of grant money distributed to each grant recipient and a description of each grant recipient's use of the grant money. In the report, the division shall also provide its recommendations concerning future administration of the grant program. The report must be shared with the general assembly and posted on the department's website.

Source: L. 2021: Entire section added, (HB 21-1271), ch. 356, p. 2317, � 3,

effective June 27. L. 2023: (7) amended, (HB 23-1232), ch. 217, p. 1121, � 1, effective May 17.

Cross references: For the legislative declaration in HB 21-1271, see section 1

of chapter 356, Session Laws of Colorado 2021.

C.R.S. § 24-32-133

24-32-133. Infrastructure and strong communities grant program - creation - fund - reporting - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  Affordable housing means:


(I)  For a household residing in housing on a rental basis, annual income of the

household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located;

(II)  For a household residing in housing on a home ownership basis, annual

income of the household at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; or

(III)  For a household residing in housing on a home ownership basis in rural

resort counties, annual income of the household is at or below one hundred sixty percent of the area median income of households of that size in the county in which the housing is located.

(b)  Department means the department of local affairs.


(c)  Eligible expenses include planning, engineering, infrastructure, and

local capacity.

(d)  Eligible local government means a municipality or a county.


(e)  Fund means the infrastructure and strong communities grant program

fund created in subsection (5) of this section.

(f)  Grant program means the infrastructure and strong communities grant

program created in subsection (3)(a) of this section.

(g)  Infill development means the development of unused and underutilized

land within existing development patterns, typically but not exclusively in urban areas.

(h)  Local government means a county, municipality, or a city and county.


(i)  Multi-agency group means the division, the Colorado energy office

created in section 24-38.5-101 (1), and the department of transportation created in section 43-1-103 (1).

(j)  Sustainable development pattern means a development pattern that

may be extended in a cost-effective way that mitigates harm and minimizes the need for additional resources to maintain the development over time.

(k)  Transit-oriented development means a development that is within

walking distance of a transit or other alternative transportation facility.

(2)  Multi-agency group - best practices. (a)  The multi-agency group shall

encourage the involvement of local governments across the state in the grant program. The multi-agency group, with the assistance of stakeholders, shall develop a list of sustainable land use best practices that will accomplish the goals of the grant program and improve a local government's viability in being considered for a grant award.

(b)  The sustainable land use best practices referenced in subsection (2)(a) of

this section will address one or more of the following, without limitation:

(I)  Enabling accessory development units or the use of multiplexes by right

in residential zones;

(II)  Zoning for mixed-use higher density development in downtown areas of

municipalities and around transit stations;

(III)  Annexation policies;


(IV)  Intergovernmental agreements that coordinate future development;


(V)  Reduced parking requirements;


(VI)  Relaxed occupancy rules;


(VII)  Budgeting policies;


(VIII)  Water rate structures;


(IX)  Road standards;


(X)  Hazard risk reduction and mitigation standards;


(XI)  Energy efficient building codes;


(XII)  Zoning for innovative housing options, including but not limited to

modular, manufactured, and prefabricated homes;

(XIII)  The use of vacant publicly owned real property within the local

government for the development of affordable housing;

(XIV)  Planned unit developments with integrated affordable housing units;


(XV)  The development of small square footage residential unit sizes; or


(XVI)  Any other practice that is deemed innovative by a local government

and approved by the multi-agency working group.

(c)  The multi-agency group shall distribute the sustainable land use

practices developed pursuant to subsection (2)(b) of this section to local governments so that local governments may analyze which, if any, of these practices might have a positive impact in their communities, and then determine how to customize these best practices and adopt them in their communities as appropriate.

(3)  Grant program - criteria for awarding grants. (a)  The infrastructure and

strong communities grant program is hereby created within the division to provide grants to eligible local governments to enable local governments to invest in infill infrastructure projects that support affordable housing.

(b)  The division shall administer the grant program, in consultation with the

Colorado energy office, created in section 24-38.5-101 (1), and the department of transportation, created in section 43-1-103 (1), and, subject to available appropriations, award grants in accordance with the requirements of this section. Subject to available appropriations, grants must be paid out of the fund created in subsection (5) of this section.

(c)  The division shall develop policies, procedures, and guidelines that

establish the criteria that the division must consider in awarding grants pursuant to this section. At a minimum, the criteria must include the consideration of:

(I)  The potential impact of a project that a local government would fund with

a grant award in light of the goals of the grant program; and

(II)  The sustainable land use practices that the local government has

adopted to support greater infill housing supply, more affordable housing, and sustainable development patterns.

(4)  Policies, procedures, and guidelines governing us of grant funds. (a)

The division shall develop policies and procedures to determine how grants funded by the grant program may be used.

(b)  At a minimum, the policies, procedures, and guidelines developed

pursuant to subsection (4)(a) of this section must require that a grant award be used, at least in part, to fund infrastructure projects that increase the supply of affordable housing and that are within or adjacent to a downtown area, a core business district of a municipality, a transit-oriented development, or that include onsite early childhood care and education services.

(c)  The division shall ensure flexibility is afforded rural counties to be able to

seek grant funding that addresses local objectives that are compatible with the goals underlying the grant program.

(d)  A portion of any grant award may be used for project delivery, planning,

and community engagement.

(e)  The general assembly hereby encourages grant recipients to expend a

portion of any grant award, whenever possible, for funding accessibility improvements or amenities that make the site of the project age-friendly and accessible for persons with disabilities.

(f) (I)  Not later than September 1, 2022, the division of housing, created in

section 24-32-704 (1), shall classify each county in the state as urban, rural, or rural resort, as those terms are used in this section, based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group final report, dated July 6, 2021. The division of housing shall regularly update and publish modifications of the initial classification of a particular county as it receives or produces information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.

(II)  Notwithstanding subsection (4)(f)(I) of this section, any county or

municipality may request from the division of housing:

(A)  A determination that a different income restriction should apply to that

county or municipality from the one made applicable to the county or municipality in accordance with subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.

(B)  At any time, a reclassification of the county or municipality from the

category in which the county is initially classified pursuant to subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality.

(5)  Fund - administrative costs - permitted uses - gifts, grants, and

donations. (a) The infrastructure and strong communities grant program fund is hereby created in the state treasury. The fund consists of any money transferred to the fund, any money that the general assembly may appropriate to the fund, and any gifts, grants, or donations that the division receives for the grant program pursuant to subsection (5)(f) of this section.

(b)  The state treasurer shall credit all interest and income derived from the

investment and deposit of money in the fund to the fund. All money in the fund that is not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and shall not be credited, transferred, or reverted to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the division for the purposes of this section.

(c)  The division may only use the money in the fund for one or more of the

following uses:

(I)  The costs of administering the grant program as may be incurred by the

division. The department may expend up to six percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in connection with administering the uses of grant funding described in subsection (5)(c)(II) of this section.

(II)  Making grants to eligible local governments pursuant to the grant

program to assist such local governments in:

(A)  Identifying sustainable land use best practices and supporting

sustainable development patterns;

(B)  Determining where and how best to upgrade local government

infrastructure to support more efficient, sustainable development patterns that enable greater affordable infill housing development; and

(C)  Financing infrastructure improvements.


(d)  The Colorado energy office, created in section 24-38.5-101 (1), may use

money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the Colorado energy office provides pursuant to section 24-32-133 (2).

(e)  The department of transportation, created in section 43-1-103 (1), may use

money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the department of transportation provides pursuant to section 24-32-133 (2).

(f)  The division may seek, accept, and expend gifts, grants, or donations from

any public or private resource for the purposes of this section. The division shall transmit all money received from gifts, grants, or donations to the state treasurer who shall credit the money to the fund.

(6)  Transfer of money to fund. On June 1, 2022, or as soon as practicable

thereafter, the state treasurer shall transfer to the fund forty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from money the state received from the federal coronavirus state fiscal recovery fund.

(7)  Reporting. (a)  On or before October 1, 2023, and on or before October 1

of each year thereafter for the duration of the grant program, the department shall submit a summarized report on the grant program to the senate local government committee and the house of representatives local government committee, or any successor committees. At a minimum, the report must include:

(I)  The number of additional affordable housing units and overall housing

units projected to be created as a result of the grant program;

(II)  The projected or estimated reduction in greenhouse gas emissions as a

result of the grant program;

(III)  The estimated reduction in vehicle miles traveled and household

transportation savings as result of the grant program; and

(IV)  The number and type of best practices adopted by eligible local

governments that have received grant awards.

(b)  Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement

specified in subsection (7)(a) of this section continues until the grant program is repealed in accordance with subsection (8) of this section.

(c)  The division and any person that receives money from the division

pursuant to the grant program shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(8)  Repeal. This section is repealed, effective December 31, 2026.


Source: L. 2022: Entire section added, (HB 22-1304), ch. 290, p. 2079, � 5,

effective June 1.

Cross references: For the legislative declaration in HB 22-1304, see section 1

of chapter 290, Session Laws of Colorado 2022.

C.R.S. § 24-32-3302

24-32-3302. Definitions. As used in this part 33, unless the context otherwise requires:

(1)  Authorized quality assurance representative means any quality

assurance representative approved by the division pursuant to section 24-32-3303 (1)(c).

(2)  Board means the state housing board created in section 24-32-706.


(3)  Certificate of installation means a certificate issued by the division for

an installation that complies with this part 33 and rules that the board adopts under this part 33.

(4)  Certified installer means an installer of manufactured homes or tiny

homes that:

(a)  Is registered with the division;


(b)  Has installed at least five manufactured homes or tiny homes in

compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33; and

(c)  Has been approved by the division for certified status.


(5)  Repealed.


(6)  Defect means any deviation in the performance, construction,

components, or material of a manufactured home, tiny home, or factory-built structure that renders the manufactured home, tiny home, or factory-built structure or any part of the manufactured home, tiny home, or factory-built structure not fit for the ordinary use for which it was intended.

(6.5)  Delivery means, for purposes of section 24-32-3325, at a location

agreed to by the seller and purchaser.

(7)  Repealed.


(8)  Division means the division of housing created in section 24-32-704.


(9)  Factory-built nonresidential structure means any structure or

component, including any closed panel system, designed primarily for commercial, industrial, or other nonresidential use, either permanent or temporary, including a manufactured unit that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a permanent or temporary foundation at the building site.

(10)  Factory-built residential structure means a manufactured home,

including any closed panel system, constructed to the building codes adopted by the board and designed to be installed on a permanent foundation, except for homes constructed to a federal manufactured home construction and safety standard and any home designated as a mobile home.

(11)  Factory-built structure means:


(a)  A factory-built nonresidential structure;


(b)  A factory-built residential structure; and


(c)  A factory-built tiny home.


(12)  Federal act means the National Manufactured Housing Construction

and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq.

(13)  Federal manufactured home construction and safety standard means

any standard promulgated by the secretary of the United States department of housing and urban development pursuant to the federal act.

(14)  Imminent safety hazard means an imminent and unreasonable risk of

death or severe personal injury.

(15)  Independent contractor means a local government, individual, private

firm, housing inspector, or engineer who has been approved by the division to perform or enforce installation inspections.

(16) (a)  Installation means the placement of a manufactured home or tiny

home on a permanent or temporary foundation system.

(b)  Installation includes supporting, blocking, leveling, securing, or

anchoring the home and connecting multiple or expandable sections of the home.

(17)  Installer means any person or business entity authorized to perform

the installation of:

(a)  A manufactured home, which includes multifamily structures, for those

with the knowledge, experience, and skills to do so; or

(b)  A tiny home.


(18)  Local government means the government of a town, city, county, or

city and county that is the designated authority charged with the administration and enforcement of local building codes.

(19)  Manufacture means the process of making, fabricating, constructing,

forming, or assembling a product from raw, unfinished, or semi-finished materials.

(20)  Manufactured home means any preconstructed building unit or

combination of preconstructed building units or closed panel systems that:

(a)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the site of the completed home;

(b)  Is designed for residential occupancy in either temporary or permanent

locations;

(c)  Is constructed in compliance with the federal act, factory-built residential

requirements, including those for multi-family structures, or mobile home standards;

(d)  Is not self-propelled; and


(e)  Is not licensed as a recreational vehicle.


(21)  Manufactured home construction means all activities relating to the

assembly, manufacture, major repair, or alteration of a manufactured home, including but not limited to activities relating to durability, quality, and safety.

(22)  Manufactured home safety means the performance of a manufactured

home in such a manner that the public is protected against any unreasonable risk of occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if accidents do occur.

(23)  Manufacturer means any person who constructs or assembles a

manufactured residential or nonresidential structure in a factory or other off-site location.

(24)  Mobile home means a manufactured home built prior to the adoption

of the federal act.

(24.5)  Mobile home park has the meaning set forth in section 38-12-201.5

(6).

(25)  Modular home means a factory-built residential structure.


(26)  Owner means the owner of a manufactured home or tiny home.


(26.5)  Permanent foundation means a structure that is designed or

intended to:

(a)  Support a building from underneath;


(b)  Keep a building firmly affixed to the ground;


(c)  Prevent the building from moving; and


(d)  Not be removed from the ground or building.


(27)  Principal means an officer of a corporation, a member of a limited

liability company, a general partner of a partnership, the sole proprietor of a sole proprietorship, or any other person who has a financial interest of ten percent or more in any legal or commercial entity.

(28)  Production review means an evaluation of a manufacturer and a

facility's ability to follow approved plans, standards, codes, and quality control procedures during manufacture.

(29)  Purchaser means a person purchasing a manufactured home or tiny

home if either is purchased in good faith for purposes other than resale.

(30)  Quality assurance representative means any state, firm, corporation,

or other entity that proposes to conduct production reviews, evaluate a manufacturer's quality control procedures, and perform design evaluations.

(31)  Registered installer means an installer who has registered with the

division, but who has not applied for and been approved by the division for certified status.

(32)  Secretary means the secretary of the United States department of

housing and urban development.

(32.5)  Seller means any person engaged in the business of selling

manufactured homes to be installed in Colorado or tiny homes to be occupied or installed in Colorado.

(33)  Site means the entire tract, subdivision, or parcel of land on which

manufactured homes or tiny homes are installed.

(34)  Temporary foundation means a structure that is designed or intended

to:

(a)  Support a building from underneath;


(b)  Keep a building firmly affixed to the ground;


(c)  Prevent the building from moving; and


(d)  Be removable from the ground or building.


(35) (a)  Tiny home means a structure that:


(I)  Is permanently constructed on a vehicle chassis;


(II)  Is designed for long-term residency;


(III)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the site of the completed home;

(IV)  Is not self-propelled; and


(V)  Has a square footage of not more than four hundred square feet.


(b)  Tiny home does not include:


(I)  A manufactured home;


(II)  A recreational park trailer as defined in section 24-32-902 (8);


(III)  A recreational vehicle as defined in section 24-32-902 (9);


(IV)  A semitrailer as defined in section 42-1-102 (89); or


(V)  An intermodal shipping container.


Source: L. 2003: Entire part added, p. 533, � 2, effective March 5. L. 2021:

(4), (9), (10), (15), (17), (18), IP(20), (20)(c), (30), and (31) amended, (5) and (7) repealed, and (6.5) and (32.5) added, (HB 21-1019), ch. 122, p. 466, � 2, effective September 7. L. 2022: (3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and (33) amended and (24.5), (26.5), (34), and (35) added, (HB 22-1242), ch. 172, p. 1118, � 2, effective August 10. L. 2025: IP(17) amended, (SB 25-002), ch. 172, p. 714, � 5, effective May 8.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3304

24-32-3304. State housing board - powers and duties - rules. (1) The board has the following powers and duties pursuant to this part 33:

(a)  To promulgate uniform construction and maintenance standards for

hotels, motels, and multiple-family dwellings in those areas of the state where no standards exist;

(b)  To promulgate uniform construction standards for factory-built

residential and nonresidential structures;

(c)  To develop and submit to the general assembly and local governments

recommendations for uniform housing standards and building codes;

(d)  To promulgate rules establishing standards for the installation and setup

of manufactured housing units;

(e)  To promulgate rules establishing specific standards for the use of private

inspection and certification entities to perform the division's certification and inspection functions with respect to in-state and out-of-state inspections of factory-built structures. The standards must allow, consistent with section 13 of article XII of the state constitution, the provisions of part 5 of article 50 of this title 24, and the rules of the state personnel board, for the use of private inspection and certification entities when the entities are available at a reasonable cost. The standards cannot prohibit a manufacturer from having the option to contract with the division or an authorized quality assurance representative to perform inspection and certification functions.

(f)  To promulgate rules establishing standards for tiny homes that cover the

manufacture of, assembly of, and installation of tiny homes;

(g)  To promulgate uniform foundation construction standards for

manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and

(h)  On or before July 1, 2026, to adopt rules:


(I) (A)  Establishing regional building code standards accounting for local

climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee created in section 24-32-3305 (3), which shall supersede a conflicting ordinance, code, regulation, or other law of a local government unless a local government adopts the rules issued by the board;

(B)  The regional building codes standards shall include, at a minimum, wind

shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.

(II)  Establishing requirements based on the recommendations developed by

the advisory committee created in section 24-32-3305 (3), including the continued authorization of a local government certified by the division to perform inspections of a factory-built structure on behalf of the division;

(III)  Establishing requirements based on the recommendations developed by

the advisory committee created in section 24-32-3305 (3), including registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site, including offering education, training, and certification opportunities;

(A)  A building contractor, as defined in section 30-11-125 (1)(a), is not

required to be registered with or certified by the state when conducting business in a jurisdiction with an established licensing program for building contractors; and

(B)  A building contractor, as defined in section 30-11-125 (1)(a), licensed by a

local government shall complete education and training about factory-built construction as developed by the division of housing and administered in collaboration with the local government;

(IV)  Covering electrical or plumbing codes required to undertake or complete

the construction or installation of a factory-built structure;

(V)  Allowing the division to contract for third-party review and approval of a

final design and construction plan for a factory-built structure on behalf of the division;

(VI)  Allowing the division to create a process for vetting and approving the

ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and

(VII)  Requiring the division to cause an audit to be performed on a third party

that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller or manufacturer.

Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:

IP(1), (1)(c), and (1)(e) amended, (HB 21-1019), ch. 122, p. 468, � 4, effective September 7. L. 2022: (1)(d) amended and (1)(f) and (1)(g) added, (HB 22-1242), ch. 172, p. 1120, � 4, effective August 10. L. 2025: (1)(f) and (1)(g) amended and (1)(h) added, (SB 25-002), ch. 172, p. 714, � 6, effective May 8.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3305

24-32-3305. Rules - advisory committee - enforcement - regional building codes - study. (1) The board shall promulgate rules as it deems necessary to ensure:

(a)  The safety of factory-built structures;


(b)  The safety of consumers purchasing manufactured homes or tiny homes;


(c)  The safety of installations;


(d)  The safety of hotels, motels, and multifamily structures in areas of the

state where no construction standards for hotels, motels, and multifamily structures exist.

(e)  The implementation of sections 24-32-3328 and 24-32-3329; and


(f)  The safety of foundation systems for manufactured homes, tiny homes,

and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.

(2)  Rules promulgated by the board must include provisions imposing

requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24.

(3) (a)  Except when adopting an energy code pursuant to subsection (3.5) of

this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of nineteen members appointed by the division from the following professional and technical disciplines:

(I)  One from architecture;


(II)  One from structural engineering;


(III)  Four from building code enforcement, representing a local building

department from each of the following climate zones across the state:

(A)  One from climate zone 4;


(B)  One from climate zone 5;


(C)  One from climate zone 6; and


(D)  One from climate zone 7;


(IV)  Repealed.


(V)  One licensed electrician who may be employed by the department of

regulatory agencies;

(VI)  One licensed plumber who may be employed by the department of

regulatory agencies;

(VII)  Repealed.


(VIII)  Three from factory-built structure construction representing the

following occupancy classifications:

(A)  One from the international residential code for one- and two-family

dwellings;

(B)  One from the international building code for residential structures; and


(C)  One from the international building code for factory and industrial

structures;

(IX)  One from the tiny home industry;


(X)  One from energy conservation;


(XI)  One from organized labor.


(XII)  One developer specializing in the use of factory-built structures in

projects;

(XIII)  One from climate resiliency;


(XIV)  One registered installer;


(XV)  One registered seller; and


(XVI)  One individual representing emergency services or management.


(b)  Committee members are reimbursed for actual and necessary expenses

incurred while engaged in official duties.

(c) (I)  The advisory committee shall develop regional building codes

standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety and to apply the most stringent of these requirements for the construction and installation of factory-built structures and submit the recommended regional building codes in the form of recommended administrative rules for consideration and adoption by the board.

(II)  The regional building codes standards shall include, at a minimum, wind

shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.

(d) (I)  The advisory committee shall develop implementation requirements,

including the continued authorization of a local government to perform inspections of factory-built structures on behalf of the division of housing; and

(II)  The advisory committee shall develop implementation requirements,

including registration, responsibility, and accountability requirements for manufacturers, installers, sellers, or general contractors who develop the installation site or complete the construction of factory-built structures at the installation site, including offering education, training, and certification opportunities, and submit the implementation requirements in the form of recommended administrative rules for consideration and adoption by the board.

(e)  During the 2026 legislative session, the department of local affairs shall

present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the state housing board. The department of local affairs shall report on the outcomes as part of its 2031 SMART Act hearing.

(3.3)  Repealed.


(3.5) (a) (I)  On or before January 1, 2025, the division shall adopt and enforce

an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.

(II)  On or before January 1, 2030, the division shall adopt and enforce an

energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.

(b)  Nothing in this subsection (3.5) establishes standards applicable to

manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq.

(c)  Notwithstanding any other provision of this subsection (3.5), the division

may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(d)  Nothing in this subsection (3.5) restricts the ability of an investor-owned

utility with approval from the public utilities commission to:

(I)  Provide incentives or other energy efficiency program services to help the

division or builders comply with the requirements of this subsection (3.5); or

(II)  Earn shareholder incentives and claim credits toward its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (3.5).

(e)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the division or any builders in complying with the requirements of this subsection (3.5).

(f) (I)  A utility may count mass-based emissions reductions associated with

the requirements of this subsection (3.5) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(II)  A utility subject to regulation by the public utilities commission shall not

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

(4)  The division must enforce the provisions of this part 33 and the rules

adopted pursuant thereto.

(5)  The division may act as agent for the federal government for the

enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.

(6)  Any future statewide adopted codes contemplated in statute must be

vetted through the advisory committee for consideration for adoption by the board.

Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:

IP(1), (2), (3), (4), and (5) amended, (HB 21-1019), ch. 122, p. 468, � 5, effective September 7. L. 2022: (3) amended and (3.5) added, (HB 22-1362), ch. 301, p. 2181, � 5, effective June 2; IP(1), (1)(b), (1)(c), (2), and (3) amended and (1)(e) and (1)(f) added, (HB 22-1242), ch. 172, p. 1121, � 5, effective August 10. L. 2024: (3.3) added, (HB 24-1152), ch. 167, p. 830, � 2, effective May 13. L. 2025: IP(3)(a), (3)(a)(III), (3)(a)(V), (3)(a)(VI), (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X) amended, (3)(a)(IV), (3)(a)(VII), and (3.3) repealed, and (3)(a)(XII), (3)(a)(XIII), (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4) added, (SB 25-002), ch. 172, p. 716, � 7, effective May 8.

Editor's note: (1)  Amendments to subsection (3) by HB 22-1242 and HB 22-1362 were harmonized.


(2)  Subsection (6) was numbered as (4) in SB 25-002 but has been

renumbered on revision for ease of location.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3309

24-32-3309. Fees - building regulation fund - rules. (1) (a) (I) The board, by rule, shall establish a schedule of fees designed to pay all direct and indirect costs incurred by the division in carrying out and enforcing this part 33; except that the amount of the registration fee for installers is limited to the amount specified in section 24-32-3315 (5) and the amount of the registration fee for sellers is limited to the amount specified in section 24-32-3323 (3).

(II)  Before the board establishes the schedule of fees, the division, for the

board's consideration, shall gather information regarding the fees charged by:

(A)  Colorado local governments for the inspection and certification of

improvements to residential real property that are not manufactured homes or tiny homes; and

(B)  Governmental entities outside of Colorado for the inspection and

certification of manufactured homes or tiny homes.

(III)  The fees must be paid to the division and transmitted to the state

treasurer, who shall credit the fees to the building regulation fund, which fund is hereby created in the state treasury and referred to in this section as the fund. The state treasurer shall credit all interest derived from the deposit and investment of money in the fund to the fund. Except as otherwise provided in subsection (2) of this section, at the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and must not be credited or transferred to the general fund or any other fund or used for any other purpose other than to offset the costs of implementing, administering, and enforcing this part 33.

(b)  Notwithstanding any provision of this section to the contrary:


(I)  On June 1, 2009, the state treasurer must deduct one million one hundred

one thousand three hundred forty-nine dollars from the fund and transfer such sum to the general fund;

(II)  On April 1, 2015, the state treasurer must deduct three hundred thousand

dollars from the general fund and transfer such sum to the fund;

(III)  On July 1, 2016, the state treasurer must deduct two hundred thousand

dollars from the general fund and transfer such sum to the fund; and

(IV)  On July 1, 2025, the state treasurer shall deduct six hundred thousand

dollars from the innovative housing incentive program fund created in section 24-48.5-132 (5)(a) and transfer the money to the fund.

(2)  In addition to being used to offset the costs of implementing and

administering this part 33 as specified in subsection (1) of this section, money in the fund may be expended:

(a)  To provide education and training to manufacturers, sellers, installers,

building department employees, elected officials, and, as appropriate, other persons affected by the mobile home, manufactured home, tiny home, and factory-built structure industry regarding the building codes and state program requirements applicable to mobile homes, manufactured homes, tiny homes, and factory-built structures within the state;

(b)  To provide consumer training throughout the state that will help a

consumer make informed decisions when purchasing or considering the purchase of a mobile home, manufactured home, tiny home, or factory-built structure; and

(c)  To provide education and grants that will help manufacturers, sellers,

installers, owners, and, as appropriate, other parties affected by the mobile home, manufactured home, tiny home, and factory-built structure industry address safety issues that affect mobile homes, manufactured homes, tiny homes, and factory-built structures.

Source: L. 2003: Entire part added, p. 539, � 2, effective March 5. L. 2006:

Entire section amended, p. 1353, � 1, effective August 7. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1928, � 12, effective June 1. L. 2015: (1)(b) amended, (SB 15-112), ch. 13, p. 32, � 1, effective March 13. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 470, � 9, effective September 7. L. 2022: (1)(a) and (2) amended, (HB 22-1242), ch. 172, p. 1122, � 8, effective August 10. L. 2025: (1)(b)(II) and (1)(b)(III) amended and (1)(b)(IV) added, (SB 25-002), ch. 172, p. 720, � 10, effective May 8.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3311

24-32-3311. Certification of factory-built structures - rules - notice to revisor of statutes. (1) (a) Factory-built structures constructed, sold, or offered for sale within this state after the effective date of the rules promulgated pursuant to this part 33 must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.

(a.3)  Manufacturers of factory-built structures to be installed in the state

shall register with the division as provided in board rules and are subject to enforcement action, including suspension or revocation of their registration for failing to comply with requirements contained in this part 33 and board rules. A manufacturer shall:

(I)  Comply with escrow requirements of down payments as established by

the board by rule; and

(II)  Provide a letter of credit, certificate of deposit issued by a licensed

financial institution, or surety bond issued by an authorized insurer in an amount and process established by the board by rule. A financial institution or authorized insurer shall pay the division the letter of credit, certificate of deposit, or surety bond if a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that:

(A)  The manufacturer failed to deliver the factory-built structure;


(B)  The manufacturer failed to refund a down payment made toward the

purchase of the factory-built structure; or

(C)  The manufacturer ceased doing business operations or filed for

bankruptcy.

(a.5)  Factory-built structures constructed or sold for transportation to and

installation in another state need not bear an insignia of approval issued by the division.

(a.7) (I)  The division shall conduct a full design and plan review and

inspection of the construction of factory-built structures to the extent the design and construction relates to work performed off site or work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government shall not duplicate efforts to review or approve the construction of a factory-built structure that is under review or approved by the division nor shall it charge building permit fees to cover the cost of plan reviews or inspections performed by the division. A local government's jurisdiction is limited to work done at the installation site in compliance with subsection (6) of this section and includes associated plan review, permits, inspections, and fees.

(II)  The division may authorize a local government to inspect and approve

work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government may charge inspection fees if authorized to assist the division to inspect and approve work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure.

(b)  Rented or leased factory-built structures that are occupied on or after

March 1, 2009, must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative.

(2)  Factory-built residential structures constructed prior to March 31, 1971,

are subject to any existing state or local government rules relating to the construction of the structures.

(3)  Factory-built nonresidential structures constructed prior to July 1, 1991,

are subject to any existing state or local government rules relating to the construction of the structures.

(4)  [Editor's note: This version of subsection (4) is effective until (see

editor's note following this section).] A factory-built structure bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state and accounting for any local government installation requirements adopted in compliance with sections 24-32-3310 and 24-32-3318 that are applicable to the construction of factory-built structures, to the extent that the design and construction relates to work performed in a factory or work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. The determination by the division of the scope of such approval is final. An insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified from approved plans.

(4)  [Editor's note: This version of subsection (4) is effective (see editor's

note following this section).] A factory-built structure bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state that are applicable to the construction of factory-built structures, to the extent that the design and construction relates to work performed in a factory or work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. The determination by the division of the scope of such approval is final. An insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified from approved plans.

(5)  No factory-built structures bearing an insignia of approval issued by the

division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 may be in any way modified contrary to the rules promulgated pursuant to section 24-32-3305 prior to or during installation unless approval is first obtained from the division.

(6)  All work at the installation site that is unrelated to the installation of a

factory-built structure or unrelated to completing construction of a factory-built structure at the installation site as reflected in the approved plans for the factory-built structure, including additions, modifications, and repairs to a factory-built structure, such as a foundation system and any site-built component that is connected to the factory-built structure like a garage or deck, is subject to applicable local government rules.

(7) [Editor's note: Subsection (7) is effective (see editor's note following this

section).]

(a) The advisory committee shall develop processes required for electrical or plumbing code compliance when undertaking or completing the construction or installation of a factory-built structure.

(b)  Any future renovation, alteration, or repair of the factory-built structure,

including electrical and plumbing, that is proposed following the installation at the site is subject to all codes and rules of the appropriate governmental agencies having jurisdiction over the structure and is subject to the jurisdiction of the state electrical board or state plumbing board and the corresponding professional practice acts of those licensed professions.

(c)  Notwithstanding any other law, factory-built structures certified by the

division prior to the effective date of regional building code standards adopted pursuant to section 24-32-3304 (1)(h) are subject to any state or local government rules concerning unique public safety requirements related to geographic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk relating to the construction and installation of the structures existing before the effective date of the regional building code standards.

(8)  The board shall notify the revisor of statutes in writing, by emailing the

notice to [email protected], of the date on which the board adopts rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e).

Source: L. 2003: Entire part added, p. 540, � 2, effective March 5. L. 2007:

(4) and (6) amended, p. 434, � 2, effective August 3. L. 2008: (1) amended, p. 1739, � 2, effective June 2. L. 2019: (1)(a) amended and (1)(a.5) added, (HB 19-1238), ch. 130, p. 585, � 2, effective August 2. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 471, � 11, effective September 7. L. 2022: (1)(a.3), (1)(a.7), (4), and (6) amended, (HB 22-1242), ch. 172, p. 1124, � 9, effective August 10. L. 2025: (6) amended and (8) added, (SB 25-002), ch. 172, p. 721, 12, 15, effective May 8; (4) amended and (7) added, (SB 25-002), ch. 172, p. 721, 12, effective (see editor's note).

Editor's note: Section 18(2) of chapter 172 (SB 25-002), Session Laws of

Colorado 2025, provides that amendments to subsection (4) and the enactment of subsection (7) are effective only if the revisor of statutes receives notice pursuant to subsection (8). Amendments to subsection (4) and the enactment of subsection (7) take effect upon the date identified in such notice, or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes. As of publication date, the revisor of statutes has not received the notice referred to in this section.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3803

24-32-3803. Child care facility development planning grant program - created - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a)  Child care development means:


(I)  The development or creation of a new child care facility; or


(II)  Remodeling or retrofitting an existing building or space to be a child care

facility.

(b)  Eligible recipient means a local government that is eligible to receive a

grant through the program.

(c)  Program means the child care facility development planning grant

program that is created in subsection (2)(a) of this section.

(2) (a)  There is created in the division the child care facility development

planning grant program to incentivize and support local governments in identifying and making regulatory updates or improvements to community planning, development, building, zoning, and other regulatory processes to support the development of child care facilities. Eligible recipients that intend to implement one or more of the recommended policy or regulatory tools set forth in subsection (3)(c) of this section or identify other local policies or programs to implement to streamline the eligible recipient's regulatory environment for development of child care facilities as set forth in subsection (3)(b) of this section and that can benefit from additional funding for implementation may receive grants pursuant to the program. Grant money may be used by an eligible recipient to retain consultants or related professional services to assess the child care needs of its community, including considerations of equity, or to make changes to its policies, programs, development review processes, land use codes, and related rules and regulations to promote development of child care facilities.

(b)  In administering the program, the division shall provide assistance to

eligible recipients on best practices and tools for incentivizing the development of child care facilities.

(c)  The division shall consult with the department of early childhood, created

in section 26.5-1-104 (1), in developing the menu of recommended policy or regulatory tools pursuant to subsection (3) of this section and the policies and procedures required to be adopted pursuant to subsection (4)(a) of this section.

(3) (a)  In connection with the policies, procedures, and guidelines that the

division is required to adopt for the program pursuant to subsection (4)(a) of this section, the division shall develop a menu of recommended policy or regulatory tools that eligible recipients can adopt to promote development of child care facilities within their territorial boundaries or across their region.

(b)  The menu of recommended policy or regulatory tools that the division is

required to develop pursuant to subsection (3)(a) of this section must include known or promising best practices. Implementation of any recommended policy or regulatory tools is at the discretion of the eligible recipient based on compatibility with community needs and desires. Eligible recipients may select from the menu of recommended policy or regulatory tools or identify other local policies or programs to streamline the eligible recipient's regulatory environment for development of child care facilities.

(c) (I)  The menu of recommended policy or regulatory tools developed by the

division pursuant to this subsection (3) must set forth strategies to promote development of child care facilities including:

(A)  The use of vacant publicly owned real property for child care facility

development;

(B)  Examining or revising local land use policies and regulations to

incentivize the development or creation of child care facilities;

(C)  Creating a local public funding source dedicated to child care facilities;


(D)  Aligning local rules and regulations, such as building codes or zoning

codes, with state licensing requirements; and

(E)  Any other strategies determined by the division that meet the intent of

the program for aligning and streamlining the regulatory environment for child care to incentivize the development of child care facilities.

(II)  In addition to the items that the menu of recommended policy or

regulatory tools may include set forth in subsection (3)(c)(I) of this section, development of the menu by the division must also allow for the adoption by an eligible recipient of additional policy or regulatory tools that provide novel, creative, or innovative incentives for the development of child care facilities.

(4) (a)  On or before November 1, 2024, the division shall adopt policies,

procedures, and guidelines for the program, including:

(I)  Procedures and timelines for local governments to apply for grants;


(II)  Criteria for evaluating applications for approval and the amount of grants;


(III)  Performance criteria for eligible recipients; and


(IV)  Reporting requirements for eligible recipients.


(b)  Evaluation criteria established pursuant to this subsection (4) must

include favorable consideration for applications in which the local government demonstrates commitment to evaluating and implementing one or more of the recommended policy or regulatory tools set forth in subsection (3)(c)(I) of this section and, the more recommended policy or regulatory tools the applicant demonstrates a commitment to evaluating and implementing, the more weight the division shall give the application.

(c)  The division has sole discretion in determining the amount of grants and

any restrictions or conditions on the use of grants by eligible recipients in accordance with the provisions of this section.

(5)  On or before January 1, 2026, January 1, 2027, and January 1, 2028, the

division shall publish a report that summarizes the use of all grants from the program in the preceding fiscal year. The report must include the amount of grants distributed to eligible recipients and a description of each eligible recipient's use of the grant. The report may contain recommendations of the division for future administration of the program. The report must be shared with the house of representatives education committee, the house of representatives transportation, housing, and local government committee, the senate education committee, and the senate local government and housing committee, or their successor committees, and with the department of early childhood, and must be posted on the division's website.

(6)  This section is repealed, effective July 1, 2028.


Source: L. 2024: Entire part added, (HB 24-1237), ch. 279, p. 1850, � 3,

effective August 7.

C.R.S. § 24-32-702

24-32-702. Legislative declaration. (1) It is hereby declared that there exists in this state a need for additional adequate, safe, sanitary, and energy-efficient new and rehabilitated dwelling units; that a need exists for assistance to families in securing new or rehabilitated rental housing; and that, unless the supply of housing units is increased, a large number of residents of this state will be compelled to live under unsanitary, overcrowded, and unsafe conditions to the detriment of their health, welfare, and well-being and to that of the communities of which they are a part. It is further declared that coordination and cooperation among private enterprise and state and local government are essential to the provision of adequate housing, and to that end it is desirable to create a division of housing within the department of local affairs. The general assembly further declares that the enactment of these provisions as set forth in this part 7 are for the public and statewide interest.

(2)  The general assembly further finds that, in an effort to meet the housing

needs within the state, the private housing and construction industry has developed mass production techniques which can substantially reduce housing construction costs and that the mass production of housing, consisting primarily of factory manufacture of dwelling units, presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures. The general assembly further finds that by minimizing the problems of standards and inspection procedures it is demonstrating its intention to encourage the reduction of housing construction costs and to make housing and home ownership more feasible for all residents of the state.

(3)  The general assembly further finds that, in an effort to meet the housing

needs within the state through the use of manufactured housing units, it is necessary to require state supervision of compliance with government-approved codes of manufacture, such as the uniform building code and the federal regulations governing manufactured housing units. It is the intent of the general assembly that such supervision be accomplished primarily through the use of private inspection and certification entities to the extent allowed by the state constitution, the State Personnel System Act, article 50 of this title, and the rules promulgated by the state personnel board.

(4)  The general assembly further finds and declares that:


(a)  Publicly-assisted rental housing that is affordable to low- and moderate-income persons should be preserved; and


(b)  The division of housing should encourage property owners to notify the

division when affordable housing units will be lost as housing for low- or moderate-income persons, so that the division may explore options for preserving the affordable housing resources.

Source: L. 70: p. 239, � 1. C.R.S. 1963: � 69-9-2. L. 71: p. 668, � 1. L. 80: (1)

amended, p. 595, � 1, effective May 1. L. 99: (3) added, p. 439, � 1, effective August 4. L. 2002: (4) added, p. 413, � 1, effective August 7.

C.R.S. § 24-32-705

24-32-705. Functions of division. (1) The division has the following functions:

(a)  To encourage private enterprise and all public and private agencies

engaged in the planning, construction, and acquisition of adequate housing or the rehabilitation or weatherization of existing housing in Colorado by providing research, advisory, and liaison services and rehabilitation, construction, acquisition, and weatherization grants and loans from appropriations made for this purpose by the general assembly. For the purposes of this subsection (1)(a), weatherization means the provision and installation of materials and devices that improve the thermal performance of a residence so as to conserve energy and reduce energy costs and includes those structural, heating, electrical, and plumbing repairs and improvements that are necessary to safely and effectively improve thermal performance. All such grants and loans to public and private agencies must be at least equally matched from a nonstate source unless sufficient local sources are not available because of other essential public functions and must be for providing energy-efficient housing to low- and moderate-income households. These grants or loans shall not be used for administration, which must be funded within the administrative budget of the division.

(b)  To assist local communities in the development and operation of local

housing authorities;

(c)  To encourage and promote cooperation among counties and

municipalities to jointly establish and operate housing authorities;

(d)  Repealed.


(e)  To conduct continuing research into new approaches to housing

throughout the state including, but not limited to, the following:

(I) to (III)  Repealed.


(IV)  Transit-oriented development that includes increased housing density

near employment, education, and town centers; and

(V)  Advanced energy performance standards that minimize the total building

operational costs during the affordability period as determined by the division;

(f)  To investigate living, dwelling, and housing conditions in the state and the

means and methods of correcting unsafe, unsanitary, or substandard conditions;

(g)  To enter upon buildings or property in order to conduct investigations or

to make surveys or soundings. In the event the division is unable to obtain permission for such entry, the director may petition the district court in which the property is located for an order authorizing such entry. Upon a finding by the court that the order requested is reasonably necessary to carry out the intent of this part 7, the order shall be granted.

(h)  To make available to responsible agencies, boards, commissions, or other

governmental agencies its findings and recommendations with regard to any building or property where conditions exist which are unsafe, unsanitary, or substandard;

(i)  To accept and receive grants and services from the federal government

and other sources and to process such grants and services for other public and private nonprofit agencies and corporations;

(j)  To enforce the provisions of part 9 of this article and the rules and

regulations adopted pursuant thereto;

(k)  To provide training and technical assistance to counties and

municipalities which have building codes in the development of energy efficiency construction and renovation performance standards by such local governments;

(l) and (m)  Repealed.


(n)  Pursuant to section 24-32-717, to administer loans to local governments,

local housing authorities, and public and private corporations;

(o)  Repealed.


(p)  Pursuant to section 24-32-718, to maintain a database of affordable

housing units to be lost as affordable housing;

(q) to (s)  Repealed.


(t)  To serve as the sole state agency for the purpose of administering and

distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities and assist such persons in obtaining housing, including, without limitation, rental assistance;

(u)  To enforce the provisions of the Mobile Home Park Act created in part 2

of article 12 of title 38 and the Mobile Home Park Act Dispute Resolution and Enforcement Program created in part 11 of article 12 of title 38, and the rules and regulations adopted pursuant to section 38-12-1104 (2)(j).

(v)  To collaborate with other state agencies to develop incentives that

support:

(I)  Local development near transit corridors;


(II)  Increased housing density development within employment, education,

and town centers; and

(III)  Energy performance standards that minimize total building costs during

the affordability period, as determined by the division.

(w)  To prepare an annual public report on funding of affordable housing

preservation and production in accordance with section 24-32-705.5 and to satisfy other requirements in section 24-32-705.5 pertaining to the preparation and dissemination of the report. In its presentation to the joint committees of reference pursuant to section 2-7-203, the department shall summarize the information contained in the report concerning affordable housing funding administered by the division since the department's prior presentation.

(x)  To optimize the outcomes of a particular program or particular use to the

benefit of households served in a manner that optimizes the socioeconomic and housing stability outcomes of households served; optimizes the financial sustainability of an affordable housing project or program; optimizes the creation, operation, and affordability length of affordable housing stock created; optimizes the preservation of naturally occurring and subsidized affordable housing; considers the impact of award terms on the financial stability of the organizations delivering development projects and resident services; leverages or is leveraged by other available sources of money; addresses housing needs throughout the state; and serves populations with the greatest unmet need.

(2)  The division, through the director thereof, shall serve in an advisory

capacity to the state housing and finance authority, created by part 7 of article 4 of title 29, C.R.S., and shall provide information on the housing facility needs of low- and moderate-income families in the state of Colorado.

(3) and (4)  Repealed.


(5)  The division shall collaborate with other state agencies in connection

with the disposition of state-owned assets to be used for low- and moderate-income housing.

(6) (a)  The division shall maintain the confidentiality of all names, addresses,

and personal identifying information of applicants, recipients, and former recipients of housing assistance, which forms of housing assistance include without limitation housing vouchers, emergency housing assistance, and homeless services.

(b)  Notwithstanding any provision of this subsection (6), the division may

publish or provide aggregate or de-identified data concerning applicants, recipients, and former recipients of housing assistance to third parties and other governmental entities, and may enter into data-sharing agreements authorizing the transfer of names, addresses, and personal identifying information of applicants, recipients, and former recipients of such housing assistance.

(c)  Any third party or governmental entity that receives names, addresses,

and personal identifying information of applicants, recipients, and former recipients of housing assistance in accordance with this subsection (6) from the division pursuant to a data-sharing agreement shall maintain the confidentiality of all names, addresses, and personal identifying information obtained from such agreements.

(d)  As used in this subsection (6), governmental entity and personal

identifying information have the same meanings as specified in section 24-73-101 (4).

(7)  The division shall administer:


(a)  Affordable housing guided toolkit and local officials guide program in

accordance with section 24-32-721.7;

(b)  The transformational affordable housing revolving loan fund program

created in section 24-32-731 (2)(a), unless the division elects to contract out full or partial administration of the loan program pursuant to section 24-32-731 (2)(b);

(c)  Local investments in the transformational affordable housing grant

program created in section 24-32-729 (2)(a);

(d)  The connecting Coloradans experiencing homelessness with services,

recovery care, and housing supports grant program created in section 24-32-732;

(e)  The child care facility development toolkit and technical assistance

program created in section 24-32-3802 (2);

(f)  The child care facility development planning grant program created in

section 24-32-3803 (2)(a); and

(g)  The child care facility development capital grant program created in

section 24-32-3804 (2)(a).

Source: L. 70: p. 240, � 1. C.R.S. 1963: � 69-9-5. L. 73: p. 815, � 2. L. 74: (1)(b)

and (1)(j) amended, p. 283, � 1, effective April 19. L. 75: (1)(j) added, p. 813, � 2, effective July 1; (1)(a) amended, p. 215, � 46, effective July 16. L. 76: (1)(a) amended, p. 612, � 1, effective May 10. L. 77: (1)(k) added, p. 356, � 2, effective July 1. L. 79: (1)(l) and (1)(m) added, p. 322, � 5, effective July 1. L. 80: (1)(a) amended and (3) added, p. 595, � 2, effective May 1. L. 82: (1) amended, p. 369, � 2, effective April 30. L. 99: (1)(d) amended and (1)(o) added, p. 440, � 3, effective August 4. L. 2000: (3) repealed, p. 1548, � 12, effective August 2. L. 2002: (1)(p) added, p. 413, � 2, effective August 7. L. 2003: (1)(d), (1)(e)(I), (1)(e)(II), and (1)(o) repealed, p. 532, � 1, effective March 5. L. 2009: (1)(r) added, (HB 09-1276), ch. 404, p. 2220, � 1, effective June 2; (1)(q) added, (HB 09-1197), ch. 101, p. 374, � 1, effective August 5. L. 2010: (1)(s) added, (HB 10-1240), ch. 200, p. 872, � 3, effective May 5. L. 2011: (1)(t) added, (HB 11-1230), ch. 170, p. 585, � 2, effective July 1. L. 2012: (1)(t) amended, (SB 12-158), ch. 151, p. 541, � 2, effective May 3. L. 2016: (1)(r) and (1)(s) repealed, (SB 16-189), ch. 210, p. 766, � 46, effective June 6. L. 2019: (1)(u) added, (HB 19-1309), ch. 281, p. 2627, � 2, effective May 23; (1)(a) and (1)(n) amended, (HB 19-1322), ch. 201, p. 2168, � 2, effective August 2; (4) added, (HB 19-1319), ch. 200, p. 2164, � 3, effective September 1. L. 2021: (7) added, (HB 21-1271), ch. 356, p. 2323, � 4, effective June 27; (1)(a) amended, (1)(e)(III), (1)(l), and (1)(m) repealed, and (1)(e)(IV), (1)(e)(V), (1)(v), (5), and (6) added, (HB 21-1009), ch. 121, p. 462, � 1, effective September 7; (1)(w) added, (HB 21-1028), ch. 396, p. 2634, � 2, effective September 7. L. 2022: (7) amended, (SB 22-159), ch. 230, p. 1705, � 3, effective May 26; (7) amended, (HB 22-1377), ch. 285, p. 2045, � 3, effective May 31; (7) amended, (HB 22-1304), ch. 290, p. 2078, � 3, effective June 1. L. 2024: (1)(x) added, (HB 24-1308), ch. 295, p. 2008, � 2, effective August 7; (4) repealed, (SB 24-178), ch. 108, p. 336, � 2, effective August 7; (7)(c) amended and (7)(e), (7)(f), and (7)(g) added, (HB 24-1237), ch. 279, p. 1848, � 2, effective August 7.

Editor's note: (1)  Subsection (1)(r) was lettered as (1)(q) in House Bill 09-1276

but has been relettered on revision for ease of location.

(2)  Subsection (1)(q)(II) provided for the repeal of subsection (1)(q), effective

January 1, 2015. (See L. 2009, p. 374.)

(3)  Amendments to subsection (7) by SB 22-159, HB 22-1304, and HB 22-1377 were harmonized.


Cross references: For the legislative declaration in HB 19-1309, see section 1

of chapter 281, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1319, see section 1 of chapter 200, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1237, see section 1 of chapter 279, Session Laws of Colorado 2024.

C.R.S. § 24-32-707

24-32-707. Powers of board. (1) The board shall have the following powers:

(a)  To advise the general assembly, the governor, and the division on housing

matters;

(b)  To establish uniform construction and maintenance standards for hotels,

motels, and multiple dwellings in those areas of the state where no such standards exist; and for factory-built housing;

(c)  To develop and submit to the general assembly and units of local

government recommendations for uniform housing standards and building codes;

(d)  To conduct examinations and investigations and to take testimony and

proof under oath at hearings;

(e)  Through the division of housing, to act as agent for local governmental

and private nonprofit entities in connection with federal, state, and local public and private nonprofit housing programs;

(f)  (Deleted by amendment, L. 99, p. 440, � 4, effective August 4, 1999.)


(g)  To promulgate rules and regulations establishing income limits for the

determination of what constitutes a low- or moderate-income family pursuant to section 24-32-717 (4)(b).

(h) and (i)  Repealed.


(1.5)  [Editor's note: Subsection (1.5) is effective January 1, 2026.] The board

shall ensure that when the standards and codes prescribed in subsections (1)(b) and (1)(c) of this section are substantially amended, the standards and codes meet or exceed the accessibility requirements in one of the two most recent versions of the international building code, as adopted by the International Code Council or a successor organization.

(2)  The board shall serve in an advisory capacity to the state housing finance

authority, created by part 7 of article 4 of title 29, C.R.S., and shall provide information as to the need for development of housing facilities for low- and moderate-income families in Colorado.

(3)  (Deleted by amendment, L. 2000, p. 1162, � 2, effective July 1, 2001.)


(4)  The board shall also review and make recommendations on grant

applications submitted for the child care facility development capital grant program created in section 24-32-3804 (2)(a) in accordance with the provisions set forth in section 24-32-3804.

Source: L. 70: p. 241, � 1. C.R.S. 1963: � 69-9-7. L. 73: p. 815, � 3. L. 74: (1)(f)

amended, p. 284, � 2, effective April 19. L. 75: (1)(d) amended and (1)(f) added, p. 813, � 3, effective July 14; (1)(e) amended, p. 216, � 47, effective July 16. L. 77: (1)(b) amended, p. 1187, � 1, effective May 27. L. 82: (1)(g) added, p. 369, � 3, effective April 27. L. 90: (1)(h) and (3) added, pp. 1201, 1202, �� 2, 3, effective April 5. L. 99: (1)(f) amended and (1)(i) added, p. 440, � 4, effective August 4. L. 2000: (1)(h) and (3) amended, p. 1162, � 2, effective July 1, 2001. L. 2003: (1)(h) and (1)(i) repealed, p. 532, � 1, effective March 5. L. 2024: (4) added, (HB 24-1237), ch. 279, p. 1858, � 4, effective August 7. L. 2025: (1.5) added, (HB 25-1030), ch. 8, p. 20, � 5, effective January 1, 2026.

Cross references: For the legislative declaration in HB 24-1237, see section 1

of chapter 279, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1030, see section 1 of chapter 8, Session Laws of Colorado 2025.

C.R.S. § 24-32-718

24-32-718. Publicly assisted housing - notice of termination - database - high energy performance building standard program - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Financial assistance means any financial assistance administered by

the division that is subject to affordability restrictions, including, but not limited to, grants and loans from the division and federally funded rental assistance contracts, loans, or insurance.

(b)  Publicly assisted housing project means a property with five or more

rental units that was developed, rehabilitated, purchased, or insured with financial assistance.

(2) (a)  The division shall provide information about the database it maintains

pursuant to subsection (3) of this section to owners of publicly assisted housing projects and shall encourage them to give notice to the division no less than one hundred twenty days before taking any action that will make the project no longer affordable, if the affordability restrictions on the project are still in effect at the time the notice is required.

(b)  For purposes of this subsection (2), the following actions shall be

considered actions that make a project no longer affordable:

(I)  Converting the property to commercial use or increasing residential rent

to an amount exceeding the amount permitted under the affordability restrictions in effect at the time of the notice; or

(II)  Withdrawing from or electing not to renew an available federally funded

project-based rental assistance contract.

(c)  During the period of one hundred twenty days after notice is given to the

division, the division may attempt to coordinate a purchase by a purchaser that is committed to maintaining the project as an affordable housing resource.

(3)  The division shall maintain an updated database of publicly assisted

housing projects on which it has received the notice required by subsection (2) of this section.

(4)  The board, in consultation with the division, shall adopt and update from

time to time a nationally recognized high energy performance building standard program for publicly assisted housing projects. The division shall present a report on the program annually to the general assembly for comment and review. The standard shall apply to all new applications for publicly assisted housing projects made to the division on or after January 1, 2009; except that the executive director of the department of local affairs may exempt a particular publicly assisted housing project from compliance with the standard upon a determination by the executive director that extenuating circumstances exist such as to preclude the implementation of this subsection (4).

Source: L. 2002: Entire section added, p. 413, � 3, effective August 7. L.

2008: (4) added, p. 1308, � 3, effective August 5.

C.R.S. § 24-32-729

24-32-729. Transformational affordable housing through local investments - grant program - investments eligible for funding - report - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  Community partner means a nonprofit organization that undertakes any

of the activities or services described in subsection (2)(b) of this section.

(b)  Department means the department of local affairs.


(c)  Eligible recipient means a local government or a community partner

that applies for a grant through the grant program.

(d)  Fund means the local investments in transformational affordable

housing fund created in subsection (4)(a) of this section.

(e)  Grant program means the local investments in transformational

affordable housing grant program created in subsection (2)(a) of this section.

(f)  Local government means a county, municipality, city and county, tribal

government, special district organized under title 32, school district, district, housing authority, council of governments, a regional planning commission organized under title 30, or any other political subdivision of the state.

(g)  Match means monetary and nonmonetary contributions to a project.


(2)  Creation of the grant program - projects or programs eligible for

funding. (a) There is created in the division the local investments in transformational affordable housing grant program to provide grants to eligible recipients to enable such entities to make investments in their communities or regions of the state in transformational affordable housing and housing related matters in accordance with the requirements of this section. The division shall administer the grant program.

(b)  The division may award grants under the grant program to support

investments by eligible recipients in projects or programs that:

(I)  Develop and integrate infrastructure tied to an affordable housing

development, including funding for capital construction and the cost of infrastructure design;

(II)  Provide gap financing for housing development projects including but not

limited to transactions under the federal low-income housing tax credit and the affordable housing tax credit created in section 39-22-2102 (1) and for the purchase or conversion of existing affordable housing and multifamily developments, land, and buildings, particularly in communities where efforts have been made to encourage affordable housing development or in communities in which low concentrations of affordable housing exist;

(III)  Increase new affordable for-sale housing stock by providing funding to

assist with the costs of construction, including but not limited to construction costs, land acquisition costs, tap fees, building permits, and impact fees;

(IV)  Maintain existing affordable housing through funding for preservation,

restoration through rehabilitation, retrofitting, renovation, capital improvements, the repair of current affordable housing stock, including housing made available under 42 U.S.C. sec. 1437f, and public housing for populations and households disproportionately impacted by the COVID-19 pandemic with commitments for long-term affordability. These investments may include but are not limited to:

(A)  Senior housing;


(B)  Remediation of low-quality and condemned properties;


(C)  Housing units that are integrated into nonsegregated housing units that

are specifically designed for people living with disabilities;

(D)  The purchase and transition of current housing stock, including

properties currently in use on a short-term rental basis, into affordable housing on a long-term basis; and

(E)  The provision of time-limited rental assistance for households

disproportionately impacted by the COVID-19 pandemic and at-risk of losing their home or in need of rapid re-housing, including funding for outreach, housing navigation assistance, and legal services;

(V)  Finance energy improvements in single-family and multifamily affordable

housing that will provide funding for incremental, up-front costs for efficient, electric measures and renewable energy systems for both existing homes and rental units and new housing construction;

(VI)  Provide or maintain property conversion for transitional or long-term

housing;

(VII)  Provide or maintain permanent supportive housing and supportive

services;

(VIII)  Provide or maintain land banking and land trust strategies for long-term affordable housing planning and development; and


(IX)  Provide or maintain funding for eviction legal defense.


(3)  Policies, procedures, and guidelines. (a)  On or before September 1,

2022, the division shall adopt policies, procedures, and guidelines for the grant program that include, without limitation:

(I)  The process by which a local government or community partner applies

for a grant award and the criteria used to determine eligibility for a grant award;

(II)  Procedures and time lines by which an eligible recipient may apply for a

grant;

(III)  Performance criteria for grant recipients' projects;


(IV)  Reporting requirements for grant recipients; and


(V)  Requirements for grant recipients to offer a match in resources.


(a.5)  The application process for the grant program must be in accordance

with the process set forth in section 24-32-705.7. On or before September 1, 2024, the division shall amend any policies, procedures, and guidelines for the grant program that are not consistent with the application process set forth in section 24-32-705.7.

(b)  In awarding grants, the division shall prioritize projects or programs that,

to the greatest extent practicable, promote one or more of the following goals and objectives:

(I)  Increase the supply of housing in urban, rural, and rural resort

communities across the state that is proportional to each community's demonstrated need through:

(A)  A preference for mixed-income projects in which a percentage of units,

proportional to the demonstrated housing needs of the local community, within a particular development have restricted availability to households at and below the income levels specified in subsection (3)(c) of this section. The percentage of restricted units and affordability levels must comply with laws enacted by local governments promoting the development of new affordable housing units pursuant to section 29-20-104 (1);

(B)  Developments in which housing units are restricted at income levels

demonstrated by local community needs as specified in subsection (3)(c)(I) of this section;

(C)  Transit oriented development;


(D)  The inclusion of housing units that are restricted for rental usage to

persons with disabilities or that include universal design features that allow individuals to continue to reside in their dwelling units as they age; or

(E)  Housing that is restricted to the victims of domestic violence or sexual

assault;

(II)  Leverage capital and operating subsidies from various public and private

sources;

(III)  Create opportunities to build intergenerational wealth for families;


(IV)  Promote the long-term affordability of any developments or projects

that are funded by the grant program;

(V)  Involve the purchase of real property necessary to secure land areas

needed for future development; or

(VI)  Represent a one-time funding proposal to the state with minimal or no

multi-year financial obligations and contribute to the overall well-being and professional and recreational needs of the local workforce and population.

(c)  The rental and home ownership targets applicable to local communities

across the state as required by subsection (3)(b)(I) of this section are specified in subsection (3)(c)(I) of this section in accordance with the following:

(I) (A)  For a household residing in housing on a rental basis in urban counties,

housing must be targeted to households with an annual income that is at or below eighty percent of the area median income of households of that size in the county in which the housing is located.

(B)  For a household residing in housing on a rental basis in rural counties,

housing must be targeted to households with an annual income that is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located.

(C)  For a household residing in housing on a rental basis in rural resort

counties, housing must be targeted to households with an annual income that is at or below one hundred seventy percent of the area median income of households of that size in the county in which the housing is located.

(D)  For a household residing in housing on a home ownership basis in any

area of the state, housing must be targeted to households with an annual income that is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located.

(II)  Not later than September 1, 2022, the division shall classify each county

in the state as urban, rural, or rural resort, as those terms are used in this section, based upon definitions of the terms as specified in the final report of the Colorado strategic housing working group final report dated July 6, 2021. The division shall regularly update and publish modification of the initial classification of a particular county as it receives information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.

(III)  Notwithstanding subsection (3)(c)(I) or (3)(c)(II) of this section, any

county or municipality may request from the division:

(A)  A determination that a different income restriction should apply to that

county or municipality from the one made applicable to the county or municipality in accordance with subsection (3)(c)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality. Not later than September 1, 2022, the division shall publish any such modified income restrictions and the basis for any modification approved.

(B)  At any time, a reclassification of the county or municipality from the

category in which the county or municipality is initially classified pursuant to subsection (3)(c)(II) based upon the unique economic and housing cost factors present in the county or municipality.

(d)  The division shall either create or utilize an existing process that ensures

that grants are only considered and awarded after a fair and rigorous open competition among eligible grant recipients.

(e)  In determining grant amounts, the division shall seek to increase

investments in for-sale housing stock. The objective described in this subsection (3)(e) may be achieved by providing grants under the grant program that are layered with awards under existing state grant programs to increase subsidies on a per-unit basis.

(f)  Notwithstanding any other provision of this section:


(I)  Through December 31, 2023, the division shall make not more than fifty

percent of the money available under the grant program for grant applications, developments, or programs that are proposed for rural or rural resort counties across the state and shall make not more than fifty percent of the funds available under the grant program for grant applications, developments, or programs that are proposed for urban counties across the state.

(II)  After December 31, 2023, all unencumbered money available under the

grant program may be expended in accordance with this section in any area of the state without regard to the restrictions specified in subsection (3)(f)(I) of this section.

(III)  Not later than July 15, 2023, the division shall submit a report to the

general assembly specifying the state of encumbered money under the grant program as of June 30, 2023, and a list of projects that have been approved but that are awaiting funding as of June 30, 2023.

(g)  In light of differing needs for per housing unit subsidies across different

areas of the state, the division may waive per unit subsidy amounts that have been initially set for particular projects or programs to adjust for market factors if the purpose of the project has been accomplished or to satisfy the intent of the grant award.

(h)  Notwithstanding any other provision of this section, the amount of any

grant award under the grant program and any restrictions or conditions placed upon the use of grant money awarded is within the discretion of the division in accordance with the requirements of this section.

(i)  To mitigate the severe housing challenges in rural communities and rural

resort communities, a project in a rural community or rural resort community that is subsidized by a grant award may prioritize providing affordable housing for enrolled postsecondary students, local college district employees, and local government employees in buildings on land owned and controlled by a local college district.

(4)  Funds. (a)  The local investments in transformational affordable housing

fund is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (4)(c) of this section; money appropriated to the fund by the general assembly; and any gifts, grants, or donations from any public or private sources, including governmental entities, that the division is authorized to seek and accept.

(b)  The state treasurer shall credit all interest and income derived from the

investment and deposit of money in the fund to the fund. Except as otherwise required by this subsection (4)(b), all money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, must remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the division for the purposes of this section. Any money in the fund that originates from the money the state received from the coronavirus state fiscal recovery fund that is not expended or obligated by December 30, 2024, reverts to the American Rescue Plan Act of 2021 cash fund created in section 24-75-226 (2) in accordance with section 24-75-226 (4)(d).

(c)  On June 1, 2022, or as soon as practicable thereafter, the state treasurer

shall transfer one hundred thirty-eight million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from money the state received from the federal coronavirus state fiscal recovery fund to the fund. The money transferred pursuant to this subsection (4) must only be used for:

(I)  Making grants to eligible recipients pursuant to the grant program; and


(II)  The costs of administering the grant program as may be incurred by the

division. The department may expend up to six percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in administering the grant program. All such administrative costs must be paid out of the money transferred to the fund pursuant to this subsection (4)(c).

(d)  On June 30, 2025, the state treasurer shall transfer from the fund to the

general fund seventeen million five hundred twenty-two thousand five hundred ninety dollars and fifty-five cents that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.

(5)  Reporting. (a)  In connection with the public report the division prepared

in accordance with section 24-32-705.5 (1), for the report prepared in 2023 and 2024, the division shall include in the report information summarizing the use of all of the money that was awarded as grants from the grant program in the preceding state fiscal year. At a minimum, the information included in the report pertaining to the grant program must specify the number of local governments or community partners that applied for a grant award, including the number of local governments or community partners that were not awarded a grant; the amount of grant money distributed to each grant recipient; a description of each grant recipient's use of the grant money; and how the use of the grant awarded furthered the vision of transformational affordable housing described in the final report of the task force established in section 24-75-229 (6)(a). The division shall also include in the report its recommendations concerning future administration of the grant program.

(b)  The division and any person that receives money from the division

pursuant to the grant program shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(6)  Repeal. This section is repealed, effective December 31, 2026.


Source: L. 2022: Entire section added, (HB 22-1304), ch. 290, p. 2072, � 2,

effective June 1. L. 2024: (4)(b) amended, (HB 24-1466), ch. 429, p. 2938, � 19, effective June 5; (3)(a.5) added, (HB 24-1308), ch. 295, p. 2014, � 8, effective August 7; (3)(i) added, (HB 24-1131), ch. 65, p. 217, � 3, effective August 7. L. 2025: (4)(d) added, (SB 25-312), ch. 301, p. 1536, � 9, effective May 30.

Cross references: For the legislative declaration in HB 22-1304, see section 1

of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

C.R.S. § 24-32-731

24-32-731. Revolving loan fund - eligible projects - report - definitions - legislative declaration. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  Administrator means a third-party entity or entities that the division

contracts with to administer all or any part of the loan program pursuant to subsection (2)(b) of this section.

(b)  Community partner means a nonprofit organization that undertakes any

of the activities or services described in subsection (3) of this section.

(c)  Department means the department of local affairs.


(d)  Eligible recipient means a local government, a for-profit developer, a

community partner, or a political subdivision of the state that applies for a loan through the loan program.

(e)  Fund means the transformational affordable housing revolving loan

fund created in subsection (9)(a) of this section.

(f)  Loan program means the transformational affordable housing revolving

loan fund program created in subsection (2)(a) of this section.

(g)  Local government means a county, municipality, city and county, tribal

government, special district organized under title 32, school district, district, or a housing authority created under part 2 of article 4 of title 29.

(2)  Creation of loan program - administration. (a)  The transformational

affordable housing revolving loan fund program is hereby created in the division as a revolving loan program in accordance with the requirements of this section and the policies established by the division pursuant to subsection (5) of this section. The loan program is established to provide flexible, low-interest, and below-market rate loan funding to assist eligible recipients in completing the eligible loan projects identified in subsection (3) of this section.

(b)  The division may administer the loan program or, if it determines that it

would be more efficient and effective to contract out full or partial administration of the program, it may enter into a contract with a business nonprofit organization, bank, nondepository community development financial institution, business development corporation, nonprofit organization that administers gap financing, construction, or mortgage loan programs, or other entity as determined by the division to administer the loan program in whole or in part. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the loan program. The division may advance money to an entity under a contract in preparation in the form of a grant or payment for issuing loans and administering the loan program.

(c)  The division may work with the Colorado housing and finance authority,

created in section 29-4-704 (1), to assist in offering loans under the loan program.

(d)  Any loan made under the loan program by the state, any department,

division, or agency of the state, or any administrator to a district, as defined in section 20 (2)(b) of article X of the state constitution, must either be approved by the voters of the district in accordance with section 20 (4)(b) of article X of the state constitution or be structured so that it is not a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever that requires voter approval under section 20 (4)(b) of article X of the state constitution.

(3)  Eligible loan projects. In order to receive loan funding under the loan

program, the project for which the loan applicant seeks loan funding must do one or more of the following:

(a)  Develop and integrate housing-related infrastructure to offset

construction and predevelopment costs;

(b)  Provide gap financing for housing development, including transactions

under the federal low-income tax credit defined in section 39-22-2101 (7) and the affordable housing tax credit created in section 39-22-2102 (1). For purposes of this subsection (3)(b), gap financing includes financing mechanisms that allow persons seeking affordable housing to purchase existing affordable housing, multi-family structures, land, and buildings, particularly in communities where efforts have been made to encourage affordable housing development or in communities in which low concentrations of affordable housing exist.

(c)  Increase the supply of new affordable for-sale housing stock by providing

funding to assist with the cost of construction, including but not limited to costs associated with construction costs, land acquisition, tap fees, building permits, or impact fees;

(d)  Maintain existing affordable housing through funding for the

preservation and restoration of affordable housing stock through rehabilitation, retrofitting, renovation, capital improvements, and repair of current affordable housing stock, including housing made available under 42 U.S.C. sec. 1437f and affordable housing for populations and households disproportionately impacted by the COVID-19 pandemic with commitments for long-term affordability. The uses covered by this subsection (3)(d) must include investments in one or more of the following:

(I)  Senior housing;


(II)  The purchase of and the remediation of low-quality or condemned

properties;

(III)  Housing units, integrated into nonsegregated housing developments,

specifically designed for people living with disabilities;

(IV)  Weatherization and energy improvements to multi-family and singe-family residents to maintain and improve the quality of affordable homes and rental

units;

(V)  The purchase and transition of current housing stock into affordable

housing, including properties currently in use on a short-term rental basis;

(VI)  Programs or initiatives to ensure that existing housing remains

affordable for local workforce or community households;

(VII)  Land acquisition for affordable housing;


(VIII)  Property conversion and adaptive reuse; or


(IX)  Permanent supportive housing;


(e)  Finance energy improvements in affordable housing, which will provide

funding for incremental up-front costs for efficient, electric measures, and renewable energy systems for both existing buildings and new housing construction;

(f)  Create permanently or long-term affordable homeownership

opportunities.

(4)  Loan program goals. (a)  The loan program must be administered with a

goal of generating enough return on loans made under the loan program to replenish the loan program for future loan allocations.

(b)  All loans financed through the loan program must offer flexible terms

and low-interest and below-market rates.

(5)  Loan program policies - eligibility for loan funding. (a)  The division or

the administrator, as applicable, shall establish and publicize policies for the loan program. At a minimum, the policies must address:

(I)  The process and deadlines for applying for and receiving a loan under the

loan program, including the information and documentation required for a loan application;

(II)  Eligibility criteria for individuals or entities applying for a loan under the

loan program;

(III)  The maximum assistance levels for loans;


(IV)  Loan terms, including interest rates and repayment terms;


(V)  Reporting requirements for loan recipients;


(VI)  Loan program fees, including the application fee, origination fee, and

closing cost policies;

(VII)  Underwriting and risk management policies;


(VIII)  The amount of any application or origination fees and closing cost

policies;

(IX)  The means by which eligible recipients who face barriers in establishing

borrower relationships with traditional lenders will be informed of the loan program and encouraged to apply for a loan financed through the loan program; and

(X)  Any additional requirements that the division deems necessary to

administer the loan program.

(a.5)  The application process for the loan program must be in accordance

with the process set forth in section 24-32-705.7. On or before September 1, 2024, the division shall amend any policies, procedures, and guidelines for the grant program that are not consistent with the application process set forth in section 24-32-705.7.

(b) (I)  In connection with the policies for the loan program that the division or

the administrator is required to establish and publicize pursuant to subsection (5)(a) of this section, the policies must specify that, in order for an eligible recipient to obtain loan funding directly from the division, an eligible recipient must follow procedures that shall be specified by the division to document the amount of leveraged funds proposed or committed as part of a loan application and the amount of funding sought from other sources, including demonstrated efforts by the eligible recipient to obtain financing for loan funding from financial institutions.

(II)  Notwithstanding any other provision of law, a lien filed by the division, is

superior only to any other lien placed on the same assets that is filed later in time except for a lien for unpaid property taxes.

(6)  Prioritization criteria. (a)  The general assembly hereby encourages the

division, to the extent practicable, in reviewing loan applications, to consider prioritizing applications for projects that:

(I)  Increase the supply of housing in communities across the state in

proportion to each community's demonstrated housing needs through:

(A)  A preference for mixed-income projects in which a percentage of units,

proportional to the demonstrated housing needs of the local community, within a particular development have restricted availability to households at and below the income levels specified in subsection (6)(b)(I) of this section. The percentage of restricted units and affordability levels must comply with laws enacted by local governments promoting the development of new affordable housing units pursuant to section 29-20-104 (1).

(B)  Developments in which housing units are restricted at income levels

demonstrated by local community needs as specified in subsection (6)(b)(I) of this section;

(II)  Are located in or serve communities that:


(A)  Face barriers to accessing capital from traditional sources;


(B)  Have suffered significant negative financial or other impacts resulting

from the COVID-19 pandemic; or

(C)  Are otherwise underserved;


(III)  Align with other state economic development efforts;


(IV)  Create permanently affordable home ownership opportunities;


(V)  Ensure the long-term affordability of any development or projects funded

by the loan program;

(VI)  Include units that are restricted for rental usage to persons with

disabilities or that include universal design features that allow individuals to reside in their dwelling units as they age; or

(VII)  Are highly energy efficient or use high-efficiency electric equipment for

space and water heating. The division may consult with the Colorado energy office created in section 24-38.5-101 (1) to develop criteria for meeting the objectives described in this subsection (6)(a)(VII).

(b) (I)  The rental and home ownership targets applicable to local

communities across the state as required by subsection (6)(a)(I) of this section are specified in this subsection (6)(b)(I) in accordance with the following:

(A)  For a household residing in housing on a rental basis, annual income of

the household is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;

(B)  For a household residing in housing on a home-ownership basis, annual

income of the household is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;

(C)  For a household residing in housing on a rental basis in rural resort

counties, annual income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; and

(D)  For a household residing in housing on a home ownership basis in rural

resort counties, annual income of the household is at or below one hundred sixty percent of the area median income of households of that size in the county in which the housing is located.

(II)  An applicant seeking funding for a particular development, project, or

program that is funded by the loan program may, at any time, request that the division grant the applicant an exception to the area median income levels specified in subsection (6)(b)(I) of this section based upon demonstrated unique economic and housing costs attributes in the local community in which the development, project, or program is located.

(c) (I)  Not later than September 1, 2022, the division of housing, created in

section 24-32-704 (1), shall classify each county in the state as urban, rural, or rural resort as used in subsection (6)(b)(I) of this section based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group final report, dated July 6, 2021. The division of housing shall regularly update and publish modifications of the initial classification of a particular county as it receives or produces information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.

(II)  Notwithstanding subsection (6)(c)(I) of this section, any county may

request from the division of housing:

(A)  A determination that a different income restriction should apply to that

county from the one made applicable to the county in accordance with subsection (6)(c)(I) of this section based upon the unique economic and housing cost factors present in the county. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.

(B)  At any time, a reclassification of the county from the category in which

the county is initially classified pursuant to subsection (6)(c)(I) of this section based upon the unique economic and housing cost factors present in the county.

(d)  To the extent practicable, the division and the administrator, as

applicable, shall support innovative funding mechanisms that allow money to revolve quickly to ensure the rapid reuse of money for ongoing projects.

(7)  Publicizing the loan program. The division shall work with the minority

business office created in section 24-49.5-102, small business development centers, community development financial institutions, and stakeholder partners to promote the program to eligible recipients who primarily serve communities that are underserved or disadvantaged, including eligible recipients located in rural counties. On or before December 1, 2022, the division shall develop and administer a marketing initiative for the program in coordination with the minority business office created in section 24-49.5-102, the small business assistance center created in section 24-48.5-102, local chambers of commerce, and other local and regional economic development entities to promote the program to eligible recipients and target communities. The marketing initiative shall be conducted in the top spoken languages in those communities.

(8)  Gifts, grants, and donations - leveraging federal money. (a)  The division

may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(b)  The division may expend, deploy, or leverage money received from

federal government programs that support loans and investments for one or more of the eligible projects specified in subsection (3) of this section to make loans under the loan program or to otherwise market, promote, or support loans under the program, if allowed under federal law.

(9)  Transformational affordable housing revolving loan fund - transfer of

money to fund - payment of administrative costs - appropriation. (a) The transformational affordable housing revolving loan fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (9)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (8)(a) of this section.

(b)  The state treasurer shall credit all interest and income derived from the

deposit and investment of money in the fund to the fund.

(c)  Money in the fund is continuously appropriated to the department for the

purposes specified in this section. The department may expend up to five percent of the money appropriated or transferred into, or repaid from, the fund on an annual basis to pay for its direct and indirect costs in administering this section.

(d)  On July 1, 2022, the state treasurer shall transfer one hundred fifty million

dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from the general fund, to the fund. The division shall use the money transferred pursuant to this subsection (9)(d) only for:

(I)  Making loans to eligible recipients pursuant to the loan program; and


(II)  The costs of administering the loan program as may be incurred by the

division or the administrator, as applicable, in accordance with subsection (9)(c) of this section. All such administrative costs must be paid out of the money either transferred to the fund pursuant to this subsection (9)(d) or that is appropriated to the fund.

(10)  Reporting. In connection with the public report the division prepares in

accordance with section 24-32-705.5 (1), the division shall include in the report information summarizing the use of all of the money that was provided as a loan from the loan program in the preceding state fiscal year. At a minimum, the information included in the report pertaining to the loan program must specify the number of eligible recipients that applied for a loan, the number of eligible recipients that were not awarded a loan, the amount of loan money distributed to each loan recipient, a description of each loan recipient's use of the loan money, the use of loan money along the housing and income spectrums, the amount of time from completion of a loan application through the funding of a loan, recommendations concerning future administration of the loan program, and how the use of the loan furthered the vision of transformational affordable housing described in the final report of the task force established in section 24-75-229 (6)(a). The division shall also include in the report its recommendations concerning future administration of the loan program.

Source: L. 2022: Entire section added, (SB 22-159), ch. 230, p. 1698, � 2,

effective May 26. L. 2024: (5)(a.5) added, (HB 24-1308), ch. 295, p. 2014, � 9, effective August 7.

Cross references: For the legislative declaration in SB 22-159, see section 1

of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.

C.R.S. § 24-62-102

24-62-102. Legislative declaration. (1) The general assembly hereby:

(a)  Finds that sub-section (D) of article VI of the Intergovernmental

Agreement between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation originally specified that if federal legislation authorizing the treatment of the tribe as a state for federal Clean Air Act purposes was not enacted by December 13, 2002, then the agreement would become null and void;

(b)  Determines that, pursuant to sub-section (B) of article XIII of the

agreement, the parties to the agreement modified sub-section (D) of article VI of the agreement in December 2001, December 2002, and December 2003, to extend for one year the deadline for passage of the federal legislation, and the final deadline for such passage according to the agreement as modified is December 13, 2004; and

(c)  Declares that, whereas the federal legislation contemplated by the

agreement, The Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 (P.L. 108-336), was approved on October 18, 2004, the contingency contemplated by sub-section (D) of article VI of the agreement and section 25-7-1309 (1)(c), C.R.S., is moot.

Source: L. 2010: Entire section added, (SB 10-082), ch. 182, p. 656, � 3,

effective April 29.

Cross references: For the federal Clean Air Act, see 42 U.S.C. sec. 7401 et

seq.

PLANNING - STATE

ARTICLE 65

Colorado Land Use Act

24-65-101 to 24-65-106. (Repealed)


Source: L. 2005: Entire article repealed, p. 667, � 1, effective June 1.


Editor's note: This article was numbered as article 4 of chapter 106, C.R.S.

1. For amendments to this article prior to its repeal in 2005, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 65.1

Areas and Activities of State Interest

Law reviews: For article, Local Government and House Bill 1041: A Voice in

the Wilderness, see 19 Colo. Law. 2245 (1990); for article, H.B. 1041 as a Tool for Municipal Attorneys, see 23 Colo. Law. 1309 (1994); for article, Local Government Regulation Using 1041 Powers, see 34 Colo. Law. 79 (Dec. 2005).

PART 1

GENERAL PROVISIONS

24-65.1-101.  Legislative declaration. (1)  The general assembly finds and

declares that:

(a)  The protection of the utility, value, and future of all lands within the state,

including the public domain as well as privately owned land, is a matter of public interest;

(b)  Adequate information on land use and systematic methods of definition,

classification, and utilization thereof are either lacking or not readily available to land use decision makers; and

(c)  It is the intent of the general assembly that land use, land use planning,

and quality of development are matters in which the state has responsibility for the health, welfare, and safety of the people of the state and for the protection of the environment of the state.

(2)  It is the purpose of this article that:


(a)  The general assembly shall describe areas which may be of state interest

and activities which may be of state interest and establish criteria for the administration of such areas and activities;

(b)  Local governments shall be encouraged to designate areas and activities

of state interest and, after such designation, shall administer such areas and activities of state interest and promulgate guidelines for the administration thereof; and

(c)  Appropriate state agencies shall assist local governments to identify,

designate, and adopt guidelines for administration of matters of state interest.

Source: L. 74: Entire article added, p. 335, � 1, effective May 17. L. 2005: IP(1)

amended, p. 671, � 13, effective June 1.

24-65.1-102.  General definitions. As used in this article, unless the context

otherwise requires:

(1)  Development means any construction or activity which changes the

basic character or the use of the land on which the construction or activity occurs.

(2)  Local government means a municipality or county.


(3)  Local permit authority means the governing body of a local government

with which an application for development in an area of state interest or for conduct of an activity of state interest must be filed, or the designee thereof.

(4)  Matter of state interest means an area of state interest or an activity of

state interest or both.

(5)  Municipality means a home rule or statutory city, town, or city and

county or a territorial charter city.

(6)  Person means any individual, limited liability company, partnership,

corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state.

Source: L. 74: Entire article added, p. 336, � 1, effective May 17. L. 90: (6)

amended, p. 449, � 19, effective April 18.

24-65.1-103.  Definitions pertaining to natural hazards. As used in this

article, unless the context otherwise requires:

(1)  Aspect means the cardinal direction the land surface faces,

characterized by north-facing slopes generally having heavier vegetation cover.

(2)  Avalanche means a mass of snow or ice and other material which may

become incorporated therein as such mass moves rapidly down a mountain slope.

(3)  Corrosive soil means soil which contains soluble salts which may

produce serious detrimental effects in concrete, metal, or other substances that are in contact with such soil.

(4)  Debris-fan floodplain means a floodplain which is located at the mouth

of a mountain valley tributary stream as such stream enters the valley floor.

(5)  Dry wash channel and dry wash floodplain means a small watershed

with a very high percentage of runoff after torrential rainfall.

(6)  Expansive soil and rock means soil and rock which contains clay and

which expands to a significant degree upon wetting and shrinks upon drying.

(7)  Floodplain means an area adjacent to a stream, which area is subject to

flooding as the result of the occurrence of an intermediate regional flood and which area thus is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a)  Mainstream floodplains;


(b)  Debris-fan floodplains; and


(c)  Dry wash channels and dry wash floodplains.


(8)  Geologic hazard means a geologic phenomenon which is so adverse to

past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a)  Avalanches, landslides, rock falls, mudflows, and unstable or potentially

unstable slopes;

(b)  Seismic effects;


(c)  Radioactivity; and


(d)  Ground subsidence.


(9)  Geologic hazard area means an area which contains or is directly

affected by a geologic hazard.

(10)  Ground subsidence means a process characterized by the downward

displacement of surface material caused by natural phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by man-made phenomena such as underground mining.

(11)  Mainstream floodplain means an area adjacent to a perennial stream,

which area is subject to periodic flooding.

(12)  Mudflow means the downward movement of mud in a mountain

watershed because of peculiar characteristics of extremely high sediment yield and occasional high runoff.

(13)  Natural hazard means a geologic hazard, a wildfire hazard, or a flood.


(14)  Natural hazard area means an area containing or directly affected by a

natural hazard.

(15)  Radioactivity means a condition related to various types of radiation

emitted by natural radioactive minerals that occur in natural deposits of rock, soil, and water.

(16)  Seismic effects means direct and indirect effects caused by an

earthquake or an underground nuclear detonation.

(17)  Siltation means a process which results in an excessive rate of removal

of soil and rock materials from one location and rapid deposit thereof in adjacent areas.

(18)  Slope means the gradient of the ground surface which is definable by

degree or percent.

(19)  Unstable or potentially unstable slope means an area susceptible to a

landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials.

(20)  Wildfire behavior means the predictable action of a wildfire under

given conditions of slope, aspect, and weather.

(21)  Wildfire hazard means a wildfire phenomenon which is so adverse to

past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:

(a)  Slope and aspect;


(b)  Wildfire behavior characteristics; and


(c)  Existing vegetation types.


(22)  Wildfire hazard area means an area containing or directly affected by

a wildfire hazard.

Source: L. 74: Entire article added, p. 336, � 1, effective May 17.


24-65.1-104.  Definitions pertaining to other areas and activities of state

interest. As used in this article, unless the context otherwise requires:

(1)  Airport means any municipal or county airport or airport under the

jurisdiction of an airport authority.

(2)  Area around a key facility means an area immediately and directly

affected by a key facility.

(3)  Arterial highway means any limited-access highway which is part of the

federal-aid interstate system or any limited-access highway constructed under the supervision of the department of transportation.

(4)  Collector highway means a major thoroughfare serving as a corridor or

link between municipalities, unincorporated population centers or recreation areas, or industrial centers and constructed under guidelines and standards established by, or under the supervision of, the department of transportation. Collector highway does not include a city street or local service road or a county road designed for local service and constructed under the supervision of local government.

(5)  Domestic water and sewage treatment system means a wastewater

treatment facility, water distribution system, or water treatment facility, as defined in section 25-9-102 (5), (6), and (7), C.R.S., and any system of pipes, structures, and facilities through which wastewater is collected for treatment.

(6)  Historical or archaeological resources of statewide importance means

resources which have been officially included in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.

(7)  Key facilities means:


(a)  Airports;


(b)  Major facilities of a public utility;


(c)  Interchanges involving arterial highways;


(d)  Rapid or mass transit terminals, stations, and fixed guideways.


(8)  Major facilities of a public utility means:


(a)  Central office buildings of telephone utilities;


(b)  Transmission lines, power plants, and substations of electrical utilities;

and

(c)  Pipelines and storage areas of utilities providing natural gas or other

petroleum derivatives.

(9)  Mass transit means a coordinated system of transit modes providing

transportation for use by the general public.

(10)  Mineral means an inanimate constituent of the earth, in solid, liquid, or

gaseous state, which, when extracted from the earth, is usable in its natural form or is capable of conversion into usable form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing, or a construction material. Mineral does not include surface or groundwater subject to appropriation for domestic, agricultural, or industrial purposes, nor does it include geothermal resources.

(11)  Mineral resource area means an area in which minerals are located in

sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools, or otherwise as to be capable of economic recovery. Mineral resource area includes but is not limited to any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claim with the intention of mining.

(12)  Natural resources of statewide importance is limited to shorelands of

major, publicly owned reservoirs and significant wildlife habitats in which the wildlife species, as identified by the division of parks and wildlife of the department of natural resources, in a proposed area could be endangered.

(13)  New communities means the major revitalization of existing

municipalities or the establishment of urbanized growth centers in unincorporated areas.

(14)  Rapid transit means the element of a mass transit system involving a

mechanical conveyance on an exclusive lane or guideway constructed solely for that purpose.

Source: L. 74: Entire article added, p. 338, � 1, effective May 17. L. 91: (3) and

(4) amended, p. 1067, � 34, effective July 1. L. 2010: (5) amended, (HB 10-1422), ch. 419, p. 2087, � 75, effective August 11.

24-65.1-105.  Effect of article - public utilities. (1)  With regard to public

utilities, nothing in this article shall be construed as enhancing or diminishing the power and authority of municipalities, counties, or the public utilities commission. Any order, rule, or directive issued by any governmental agency pursuant to this article shall not be inconsistent with or in contravention of any decision, order, or finding of the public utilities commission with respect to public convenience and necessity. The public utilities commission and public utilities shall take into consideration and, when feasible, foster compliance with adopted land use master plans of local governments, regions, and the state.

(2)  Nothing in this article shall be construed as enhancing or diminishing the

rights and procedures with respect to the power of a public utility to acquire property and rights-of-way by eminent domain to serve public need in the most economical and expedient manner.

Source: L. 74: Entire article added, p. 339, � 1, effective May 17.


24-65.1-106.  Effect of article - rights of property owners - water rights. (1)

Nothing in this article shall be construed as:

(a)  Enhancing or diminishing the rights of owners of property as provided by

the state constitution or the constitution of the United States;

(b)  Modifying or amending existing laws or court decrees with respect to the

determination and administration of water rights.

Source: L. 74: Entire article added, p. 340, � 1, effective May 17.


24-65.1-107.  Effect of article - developments in areas of state interest and

activities of state interest meeting certain conditions. (1) This article shall not apply to any development in an area of state interest or any activity of state interest which meets any one of the following conditions as of May 17, 1974:

(a)  The development or activity is covered by a current building permit issued

by the appropriate local government; or

(b)  The development or activity has been approved by the electorate; or


(c)  The development or activity is to be on land:


(I)  Which has been conditionally or finally approved by the appropriate local

government for planned unit development or for a use substantially the same as planned unit development; or

(II)  Which has been zoned by the appropriate local government for the use

contemplated by such development or activity; or

(III)  With respect to which a development plan has been conditionally or

finally approved by the appropriate governmental authority.

Source: L. 74: Entire article added, p. 340, � 1, effective May 17.


24-65.1-108.  Effect of article - state agency or commission responses. (1)

Whenever any person desiring to carry out development as defined in section 24-65.1-102 (1) is required to obtain a permit, to be issued by any state agency or commission for the purpose of authorizing or allowing such development, pursuant to this or any other statute or regulation promulgated thereunder, such agency or commission shall establish a reasonable time period, which shall not exceed sixty days following receipt of such permit application, within which such agency or commission must respond in writing to the applicant, granting or denying said permit or specifying all reasonable additional information necessary for the agency or commission to respond. If additional information is required, said agency or commission shall set a reasonable time period for response following the receipt of such information.

(2)  Whenever a state agency or commission denies a permit, the denial must

specify:

(a)  The regulations, guidelines, and criteria or standards used in evaluating

the application;

(b)  The reasons for denial and the regulations, guidelines, and criteria or

standards the application fails to satisfy; and

(c)  The action that the applicant would have to take to satisfy the state

agency's or commission's permit requirements.

(3)  Whenever an application for a permit, as provided under this section,

contains a statement describing the proposed nature, uses, and activities in conceptual terms for the development intended to be accomplished and is not accompanied with all additional information, including, without limitation, engineering studies, detailed plans and specifications, and zoning approval, or, whenever a hearing is required by the statutes, regulations, rules, ordinances, or resolutions thereof prior to the issuance of the requested permit, the agency or commission shall, within the time provided in this section for response, indicate its acceptance or denial of the permit on the basis of the concept expressed in the statement of the proposed uses and activities contained in the application. Such conceptual approval shall be made subject to the applicant filing and completing all prerequisite detailed additional information in accordance with the usual filing requirements of the agency or commission within a reasonable period of time.

(4)  All agencies and commissions authorized or required to issue permits for

development shall adopt rules and regulations, or amend existing rules and regulations, so as to require that such agencies and commissions respond in the time and manner required in this section.

(5)  Nothing in this section shall shorten the time allowed for responses

provided by federal statute dealing with, or having a bearing on, the subject of any such application for permit.

(6)  The provisions of this section shall not apply to applications approved,

denied, or processed by a unit of local government.

Source: L. 74: Entire article added, p. 340, � 1, effective May 17.

PART 2

AREAS AND ACTIVITIES DESCRIBED -

CRITERIA FOR ADMINISTRATION

24-65.1-201.  Areas of state interest as determined by local governments.

(1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain areas of state interest from among the following:

(a)  Mineral resource areas;


(b)  Natural hazard areas;


(c)  Areas containing, or having a significant impact upon, historical, natural,

or archaeological resources of statewide importance; and

(d)  Areas around key facilities in which development may have a material

effect upon the key facility or the surrounding community.

Source: L. 74: Entire article added, p. 341, � 1, effective May 17.


24-65.1-202.  Criteria for administration of areas of state interest. (1) (a)

Mineral resource areas designated as areas of state interest shall be protected and administered in such a manner as to permit the extraction and exploration of minerals therefrom, unless extraction and exploration would cause significant danger to public health and safety. If the local government having jurisdiction, after weighing sufficient technical or other evidence, finds that the economic value of the minerals present therein is less than the value of another existing or requested use, such other use should be given preference; however, other uses which would not interfere with the extraction and exploration of minerals may be permitted in such areas of state interest.

(b)  Areas containing only sand, gravel, quarry aggregate, or limestone used

for construction purposes shall be administered as provided by part 3 of article 1 of title 34, C.R.S.

(c)  The extraction and exploration of minerals from any area shall be

accomplished in a manner which causes the least practicable environmental disturbance, and surface areas disturbed thereby shall be reclaimed in accordance with the provisions of article 32 of title 34, C.R.S.

(d)  Repealed.


(2) (a)  Natural hazard areas shall be administered as follows:


(I) (A)  Floodplains shall be administered so as to minimize significant hazards

to public health and safety or to property. The Colorado water conservation board shall promulgate a model floodplain regulation no later than September 30, 1974. Open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction shall be encouraged in the floodplains. Any combination of these activities shall be conducted in a mutually compatible manner. Building of structures in the floodplain shall be designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impact of such development on downstream communities such as the creation of obstructions during floods. Activities shall be discouraged that, in time of flooding, would create significant hazards to public health and safety or to property. Shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems shall be protected from inundation by floodwaters. Unless an activity of state interest is to be conducted therein, an area of corrosive soil, expansive soil and rock, or siltation shall not be designated as an area of state interest unless the Colorado conservation board, through the local conservation district, identifies such area for designation.

(B)  Nothing in sub-subparagraph (A) of this subparagraph (I), as amended by

House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(II)  Wildfire hazard areas in which residential activity is to take place shall be

administered so as to minimize significant hazards to public health and safety or to property. The Colorado state forest service shall promulgate a model wildfire hazard area control regulation no later than September 30, 1974. If development is to take place, roads shall be adequate for service by fire trucks and other safety equipment. Firebreaks and other means of reducing conditions conducive to fire shall be required for wildfire hazard areas in which development is authorized.

(III)  In geologic hazard areas all developments shall be engineered and

administered in a manner that will minimize significant hazards to public health and safety or to property due to a geologic hazard. The Colorado geological survey shall promulgate a model geologic hazard area control regulation no later than September 30, 1974.

(b)  After promulgation of guidelines for land use in natural hazard areas by

the Colorado water conservation board, the Colorado conservation board through the conservation districts, the Colorado state forest service, and the Colorado geological survey, natural hazard areas shall be administered by local government in a manner that is consistent with the guidelines for land use in each of the natural hazard areas.

(3)  Areas containing, or having a significant impact upon, historical, natural,

or archaeological resources of statewide importance, as determined by the state historical society, the department of natural resources, and the appropriate local government, shall be administered by the appropriate state agency in conjunction with the appropriate local government in a manner that will allow man to function in harmony with, rather than be destructive to, these resources. Consideration is to be given to the protection of those areas essential for wildlife habitat. Development in areas containing historical, archaeological, or natural resources shall be conducted in a manner which will minimize damage to those resources for future use.

(4)  The following criteria shall be applicable to areas around key facilities:


(a)  If the operation of a key facility may cause a danger to public health and

safety or to property, as determined by local government, the area around the key facility shall be designated and administered so as to minimize such danger; and

(b)  Areas around key facilities shall be developed in a manner that will

discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by local government. Compatibility with nonmotorized traffic shall be encouraged. A development that imposes burdens or deprivation on the communities of a region cannot be justified on the basis of local benefit alone.

(5)  In addition to the criteria described in subsection (4) of this section, the

following criteria shall be applicable to areas around particular key facilities:

(a)  Areas around airports shall be administered so as to:


(I)  Encourage land use patterns for housing and other local government

needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas; and

(II)  Avoid danger to public safety and health or to property due to aircraft

crashes.

(b)  Areas around major facilities of a public utility shall be administered so as

to:

(I)  Minimize disruption of the service provided by the public utility; and


(II)  Preserve desirable existing community patterns.


(c)  Areas around interchanges involving arterial highways shall be

administered so as to:

(I)  Encourage the smooth flow of motorized and nonmotorized traffic;


(II)  Foster the development of such areas in a manner calculated to preserve

the smooth flow of such traffic; and

(III)  Preserve desirable existing community patterns.


(d)  Areas around rapid or mass transit terminals, stations, or guideways shall

be developed in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such development in such areas shall be made with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.

Source: L. 74: Entire article added, p. 341, � 1, effective May 17. L. 75: (5)(a)

amended, p. 1270, � 4, effective July 1. L. 88: (1)(c) amended, p. 1436, � 34, effective June 11. L. 2002: (2)(a)(I) and (2)(b) amended, p. 514, � 3, effective July 1. L. 2005: (2)(a)(I) amended, p. 348, � 3, effective August 8. L. 2010: (1)(d) amended, (SB 10-174), ch. 189, p. 810, � 1, effective August 11. L. 2019: (1)(d) repealed, (SB 19-181), ch. 120, p. 502, � 1, effective April 16.

24-65.1-203.  Activities of state interest as determined by local

governments. (1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain activities of state interest from among the following:

(a)  Site selection and construction of major new domestic water and sewage

treatment systems and major extension of existing domestic water and sewage treatment systems;

(b)  Site selection and development of solid waste disposal sites except those

sites specified in section 25-11-203 (1), C.R.S., sites designated pursuant to part 3 of article 11 of title 25, C.R.S., and hazardous waste disposal sites, as defined in section 25-15-200.3, C.R.S.;

(c)  Site selection of airports;


(d)  Site selection of rapid or mass transit terminals, stations, and fixed

guideways;

(e)  Site selection of arterial highways and interchanges and collector

highways;

(f)  Site selection and construction of major facilities of a public utility;


(g)  Site selection and development of new communities;


(h)  Efficient utilization of municipal and industrial water projects;


(i)  Conduct of nuclear detonations; and


(j)  The use of geothermal resources for the commercial production of

electricity.

Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 79: (1)(b)

amended, p. 1067, � 9, effective June 15; (1)(b) amended, p. 1070, � 2, effective January 1, 1980. L. 83: (1)(b) amended, p. 1105, � 26, effective June 3. L. 2010: (1)(j) added, (SB 10-174), ch. 189, p. 810, � 2, effective August 11.

Editor's note: Amendments to subsection (1)(b) by Senate Bill 79-335 and

House Bill 79-1156 were harmonized, effective January 1, 1980.

24-65.1-204.  Criteria for administration of activities of state interest. (1) (a)

New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.

(b)  Major extensions of domestic water and sewage treatment systems shall

be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development.

(2)  Major solid waste disposal sites shall be developed in accordance with

sound conservation practices and shall emphasize, where feasible, the recycling of waste materials. Consideration shall be given to longevity and subsequent use of waste disposal sites, soil and wind conditions, the potential problems of pollution inherent in the proposed site, and the impact on adjacent property owners, compared with alternate locations.

(3)  Airports shall be located or expanded in a manner which will minimize

disruption to the environment of existing communities, minimize the impact on existing community services, and complement the economic and transportation needs of the state and the area.

(4) (a)  Rapid or mass transit terminals, stations, or guideways shall be

located in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Activities shall be conducted with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.

(b)  Proposed locations of rapid or mass transit terminals, stations, and fixed

guideways which will not require the demolition of residences or businesses shall be given preferred consideration over competing alternatives.

(c)  A proposed location of a rapid or mass transit terminal, station, or fixed

guideway that imposes a burden or deprivation on a local government cannot be justified on the basis of local benefit alone, nor shall a permit for such a location be denied solely because the location places a burden or deprivation on one local government.

(5)  Arterial highways and interchanges and collector highways shall be

located so that:

(a)  Community traffic needs are met;


(b)  Desirable community patterns are not disrupted; and


(c)  Direct conflicts with adopted local government, regional, and state

master plans are avoided.

(6)  Where feasible, major facilities of public utilities shall be located so as to

avoid direct conflict with adopted local government, regional, and state master plans.

(7)  When applicable, or as may otherwise be provided by law, a new

community design shall, at a minimum, provide for transportation, waste disposal, schools, and other governmental services in a manner that will not overload facilities of existing communities of the region. Priority shall be given to the development of total communities which provide for commercial and industrial activity, as well as residences, and for internal transportation and circulation patterns.

(8)  Municipal and industrial water projects shall emphasize the most

efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas.

(9)  Nuclear detonations shall be conducted so as to present no material

danger to public health and safety. Any danger to property shall not be disproportionate to the benefits to be derived from a detonation.

Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 75: (4)(a)

amended, p. 1270, � 5, effective July 1.

PART 3

LEVELS OF GOVERNMENT INVOLVED AND THEIR FUNCTIONS

24-65.1-301.  Functions of local government. (1)  Pursuant to this article, it is

the function of local government to:

(a)  Designate matters of state interest after public hearing, taking into

consideration:

(I)  The intensity of current and foreseeable development pressures; and


(II)  Applicable guidelines for designation issued by the applicable state

agencies;

(b)  Hold hearings on applications for permits for development in areas of

state interest and for activities of state interest;

(c)  Grant or deny applications for permits for development in areas of state

interest and for activities of state interest;

(d)  Receive recommendations from state agencies and other local

governments relating to matters of state interest;

(e)  Send recommendations to other local governments relating to matters of

state interest.

(f)  (Deleted by amendment, L. 2005, p. 667, � 2, effective June 1, 2005.)


Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 2005:

(1)(e) and (1)(f) amended, p. 667, � 2, effective June 1.

24-65.1-302.  Functions of other state agencies. (1)  Pursuant to this article,

it is the function of other state agencies to:

(a)  Send recommendations to local governments relating to designation of

matters of state interest on the basis of current and developing information; and

(b)  Provide technical assistance to local governments concerning

designation of and guidelines for matters of state interest.

(2)  Primary responsibility for the recommendation and provision of technical

assistance functions described in subsection (1) of this section is upon:

(a)  The Colorado water conservation board, acting in cooperation with the

Colorado conservation board, with regard to floodplains;

(b)  The Colorado state forest service, with regard to wildfire hazard areas;


(c)  The Colorado geological survey, with regard to geologic hazard areas,

geologic reports, and the identification of mineral resource areas;

(d)  The division of reclamation, mining, and safety, with regard to mineral

extraction and the reclamation of land disturbed thereby;

(e)  The Colorado conservation board and conservation districts, with regard

to resource data inventories, soils, soil suitability, erosion and sedimentation, floodwater problems, and watershed protection; and

(f)  The division of parks and wildlife of the department of natural resources,

with regard to significant wildlife habitats.

(3)  Repealed.


Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 92: (2)(d)

amended, p. 1970, � 74, effective July 1. L. 2002: (2)(a) and (2)(e) amended, p. 514, � 4, effective July 1. L. 2005: (1)(a) amended, p. 667, � 3, effective June 1. L. 2006: (2)(d) amended, p. 213, � 4, effective August 7. L. 2019: (3) repealed, (SB 19-181), ch. 120, p. 502, � 2, effective April 16.

PART 4

DESIGNATION OF MATTERS OF STATE INTEREST -

GUIDELINES FOR ADMINISTRATION

24-65.1-401.  Designation of matters of state interest. (1)  After public

hearing, a local government may designate matters of state interest within its jurisdiction, taking into consideration:

(a)  The intensity of current and foreseeable development pressures.


(b)  Repealed.


(2)  A designation shall:


(a)  Specify the boundaries of the proposed area; and


(b)  State reasons why the particular area or activity is of state interest, the

dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner.

Source: L. 74: Entire section added, p. 347, � 1, effective May 17. L. 2005:

(1)(b) repealed, p. 667, � 1, effective June 1.

24-65.1-402.  Guidelines - regulations. (1)  The local government shall

develop guidelines for administration of the designated matters of state interest. The content of such guidelines shall be such as to facilitate administration of matters of state interest consistent with sections 24-65.1-202 and 24-65.1-204.

(2)  A local government may adopt regulations interpreting and applying its

adopted guidelines in relation to specific developments in areas of state interest and to specific activities of state interest.

(3)  No provision in this article shall be construed as prohibiting a local

government from adopting guidelines or regulations containing requirements which are more stringent than the requirements of the criteria listed in sections 24-65.1-202 and 24-65.1-204.

Source: L. 74: Entire article added, p. 347, � 1, effective May 17.


24-65.1-403.  Technical and financial assistance. (1)  Appropriate state

agencies shall provide technical assistance to local governments in order to assist local governments in designating matters of state interest and adopting guidelines for the administration thereof.

(2) (a)  The department of local affairs shall oversee and coordinate the

provision of technical assistance and provide financial assistance as may be authorized by law.

(b)  The department of local affairs shall determine whether technical or

financial assistance or both are to be given to a local government on the basis of the local government's:

(I)  Showing that current or reasonably foreseeable development pressures

exist within the local government's jurisdiction; and

(II)  Plan describing the proposed use of technical assistance and expenditure

of financial assistance.

(3) (a)  Any local government applying for federal or state financial

assistance for floodplain studies shall provide prior notification to the Colorado water conservation board. The board shall coordinate and prescribe the standards for all floodplain studies conducted pursuant to this article, including those conducted by federal, local, or other state agencies, to the end that reasonably uniform standards can be applied to the identification and designation of all floodplains within the state and to minimize duplication of effort.

(b)  No floodplains shall be designated by any local government until such

designation has been first approved by the Colorado water conservation board as provided in sections 30-28-111 and 31-23-301, C.R.S.

Source: L. 74: Entire article added, p. 347, � 1, effective May 17. L. 77: (3)

added, p. 1241, � 1, effective June 3.

24-65.1-404.  Public hearing - designation of an area or activity of state

interest and adoption of guidelines by order of local government. (1) The local government shall hold a public hearing before designating an area or activity of state interest and adopting guidelines for administration thereof.

(2) (a)  Notice, stating the time and place of the hearing and the place at

which materials relating to the matter to be designated and guidelines may be examined, shall be published once at least thirty days and not more than sixty days before the public hearing in a newspaper of general circulation in the county.

(b)  Any person may request, in writing, that his name and address be placed

on a mailing list to receive notice of all hearings held pursuant to this section. If the local government decides to maintain such a mailing list, it shall mail notices to each person paying an annual fee reasonably related to the cost of production, handling, and mailing of such notice. In order to have his name and address retained on said mailing list, the person shall resubmit his name and address and pay such fee before January 31 of each year.

(3)  Within thirty days after completion of the public hearing, the local

government, by order, may adopt, adopt with modification, or reject the particular designation and guidelines; but the local government, in any case, shall have the duty to designate any matter which has been finally determined to be a matter of state interest and adopt guidelines for the administration thereof.

(4)  After a matter of state interest is designated pursuant to this section, no

person shall engage in development in such area, and no such activity shall be conducted until the designation and guidelines for such area or activity are finally determined pursuant to this article.

(5)  (Deleted by amendment, L. 2005, p. 668, � 4, effective June 1, 2005.)


Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:

(2)(a) and (5) amended, p. 668, � 4, effective June 1.

24-65.1-405.  Report of local government's progress. (Repealed)


Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:

Entire section repealed, p. 667, � 1, effective June 1.

24-65.1-406.  Colorado land use commission review of local government

order containing designation and guidelines. (Repealed)

Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:

Entire section repealed, p. 667, � 1, effective June 1.

24-65.1-407.  Colorado land use commission may initiate identification,

designation, and promulgation of guidelines for matters of state interest. (Repealed)

Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:

Entire section repealed, p. 667, � 1, effective June 1.

PART 5

PERMITS FOR DEVELOPMENT IN AREAS

OF STATE INTEREST AND FOR CONDUCT OF

ACTIVITIES OF STATE INTEREST

24-65.1-501.  Permit for development in area of state interest or to conduct

an activity of state interest required. (1) (a) Any person desiring to engage in development in an area of state interest or to conduct an activity of state interest shall file an application for a permit with the local government in which such development or activity is to take place. A reasonable fee determined by the local government sufficient to cover the cost of processing the application, including the cost of holding the necessary hearings, shall be paid at the time of filing such application.

(b)  The requirement of paragraph (a) of this subsection (1) that a public utility

obtain a permit shall not be deemed to waive the requirements of article 5 of title 40, C.R.S., that a public utility obtain a certificate of public convenience and necessity.

(2) (a)  Not later than thirty days after receipt of an application for a permit,

the local government shall publish notice of a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date set for hearing.

(b)  If a person proposes to engage in development in an area of state interest

or to conduct an activity of state interest not previously designated and for which guidelines have not been adopted, the local government may hold one hearing for determination of designation and guidelines and granting or denying the permit.

(c)  The local government may maintain a mailing list and send notice of

hearings relating to permits in a manner similar to that described in section 24-65.1-404 (2)(b).

(d)  If the development or activity involves the construction or expansion of

transmission facilities for which the applicant has sought a certificate of public convenience and necessity from the public utilities commission pursuant to section 40-2-126, the local government shall approve or deny issuance of the permit within one hundred eighty days after the application is deemed complete and public notice of the application is given. If the local government does not deny issuance of the permit within that period, the application is deemed approved.

(3)  The local government may approve an application for a permit to engage

in development in an area of state interest if the proposed development complies with the local government's guidelines and regulations governing such area. If the proposed development does not comply with the guidelines and regulations, the permit shall be denied.

(4)  The local government may approve an application for a permit to conduct

an activity of state interest if the proposed activity complies with the local government's regulations and guidelines for conduct of such activity. If the proposed activity does not comply with the guidelines and regulations, the permit shall be denied.

(5)  The local government conducting a hearing pursuant to this section shall:


(a)  State, in writing, reasons for its decision, and its findings and conclusions;

and

(b)  Preserve a record of such proceedings.


(6)  After May 17, 1974, any person desiring to engage in a development in a

designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this section may be enjoined by the appropriate local government from engaging in such development or conducting such activity.

(7)  As part of an application for a permit under subsection (1) of this section,

a transmission provider, as defined in section 33-45-102 (11), must demonstrate to the local government through written documentation that it has complied with sections 29-20-108 (6) and 33-45-103 (2).

Source: L. 74: Entire article added, p. 350, � 1, effective May 17. L. 2005:

(1)(a), (2)(a), and (6) amended, p. 668, � 5, effective June 1. L. 2021: (2)(d) added, (SB 21-072), ch. 329, p. 2127, � 6, effective June 24. L. 2022: (7) added, (HB 22-1104), ch. 97, p. 465, � 3, effective April 13.

Cross references: For the legislative declaration in HB 22-1104, see section 1

of chapter 97, Session Laws of Colorado 2022.

24-65.1-502.  Judicial review. The denial of a permit by a local government

agency shall be subject to judicial review in the district court for the judicial district in which the major development or activity is to occur.

Source: L. 74: Entire article added, p. 351, � 1, effective May 17.

ARTICLE 65.5

Notification of Surface Development

Law reviews: For article, Oil and Gas Title Searches and Notice Under the

Surface Development Notification Act, see 31 Colo. Law. 113 (Oct. 2002).

24-65.5-101.  Legislative declaration - intent. The general assembly

recog

C.R.S. § 25-12-103

25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance:

            7:00 a.m. to        7:00 p.m. to

Zone next 7:00 p.m. next 7:00 a.m.

Residential 55 db(A) 50 db(A)

Commercial 60 db(A) 55 db(A)

Light industrial 70 db(A) 65 db(A)

Industrial 80 db(A) 75 db(A)

(2)  In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels

permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period.

(3)  Periodic, impulsive, or shrill noises shall be considered a public nuisance

when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section.

(4)  This article is not intended to apply to the operation of aircraft or to other

activities which are subject to federal law with respect to noise control.

(5)  Construction projects shall be subject to the maximum permissible noise

levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project.

(6)  All railroad rights-of-way shall be considered as industrial zones for the

purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

(7)  This article is not applicable to the use of property for purposes of

conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use.

(8)  For the purposes of this article, measurements with sound level meters

shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour.

(9)  In all sound level measurements, consideration shall be given to the

effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

(10)  This article is not applicable to the use of property for the purpose of

manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.

(11)  This article is not applicable to the use of property by this state, any

political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.

(12) (a)  Notwithstanding subsection (1) of this section, the public utilities

commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the Public Utilities Law, articles 1 to 7 of title 40, C.R.S.

(b)  Because of the statewide need for reliable electric service and the public

benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12).

(c)  For the purposes of this section:


(I)  Electric transmission facility means a power line or other facility that

transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts.

(II)  Rights-of-way for electric transmission facilities means all property

rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility.

Source: L. 71: p. 648, � 1. C.R.S. 1963: � 66-35-3. L. 82: (10) added, p. 424, � 1,

effective March 11. L. 87: (11) added, p. 1154, � 1, effective May 20. L. 2004: (12) added, p. 736, � 2, effective July 1.

Cross references: For the legislative declaration contained in the 2004 act

enacting subsection (12), see section 1 of chapter 219, Session Laws of Colorado 2004.

C.R.S. § 25-27-104

25-27-104. Minimum standards for assisted living residences - rules - definition. (1) On or before November 1, 2002, the state board shall promulgate rules pursuant to section 24-4-103, C.R.S., providing minimum standards for the location, sanitation, fire safety, adequacy of facilities, adequacy of diet and nutrition, equipment, structure, operation, provision of personal services and protective oversight, and personnel practices of assisted living residences within the state of Colorado. Such rules shall differentiate between homes of different sizes. In formulating such rules, the state board shall seek recommendations from the advisory committee established pursuant to section 25-27-110.

(2)  State board rules promulgated pursuant to subsection (1) of this section

must include, at a minimum, rules requiring the following:

(a)  Compliance with all applicable zoning, housing, fire, sanitary, and other

codes and ordinances of the city, city and county, or county where the residence is situated, to the extent that such codes and ordinances are consistent with the federal Fair Housing Amendments Act of 1988, as amended, 42 U.S.C. sec. 3601 et seq.;

(b)  Annual inspection of assisted living residences by the department or its

designated representative;

(c)  That the premises to be used are in fit, safe, and sanitary condition and

properly equipped to provide good care to the residents;

(d)  That the Colorado long-term care ombudsman, designated by the

department of human services, have access to the premises and residents during reasonable hours for the purposes set out in the federal Older Americans Act of 1965;

(e)  Protection of the individual rights of residents either through a written

board and care plan or by means of contracts executed with the residents, which board and care plan or contract shall meet the requirements stated in section 25-27-104.5;

(f)  Responsibility of the assisted living residences for social supervision,

personal services, and coordination with community resources as needed by the residents;

(g)  That the administrator and staff of a residence:


(I) (A)  Meet minimum educational, training, and experience standards

established by the state board.

(B)  On and after January 1, 2024, the state board's minimum standards for

administrators must require, at a minimum, that each administrator, regardless of the administrator's hire date, have at least one year experience supervising the delivery of personal care services that includes activities of daily living or has attained the education or experience established by the state board in lieu of that supervisory experience.

(II)  Are of good, moral, and responsible character. In making the

determination, the owner or licensee of a residence shall have access to and shall obtain any criminal history record information from a criminal justice agency, subject to any restrictions imposed by the agency for any person responsible for the care and welfare of residents of the residence and shall obtain a check of the Colorado adult protective services data system pursuant to section 26-3.1-111 for any person who is an employee of the residence, as defined in section 26-3.1-111 (2), who will provide direct care to residents.

(h)  Intermediate enforcement remedies as authorized by section 25-27-106

(2);

(i)  Written plans, to be submitted by residences to the department for

approval, detailing the measures that will be taken to correct violations found as a result of inspections;

(j)  The definition for high medicaid utilization facility as a basis for a modified

fee schedule. A high medicaid utilization residence shall be a residence in which no less than thirty-five percent of the available beds are occupied by medicaid enrollees as indicated by the most complete claims data available.

(k)  A modified fee schedule for residences that serve a disproportionate

share of low-income residents. The board may adopt a standard for determining residences that serve a disproportionate share of low-income residents. Such standard may require a residence to submit documentation determined appropriate by the department for verification.

(l)  That the assisted living residence comply with the provisions of section

25-27-104.3 concerning the involuntary discharge of residents; and

(m)  That the state board establish, not later than January 1, 2024, a range of

fines for violations, which amounts may vary based on the size of the assisted living residence and the potential for harm to one or more persons, and shall permit the department to consider factors set forth in section 25-27-106 (4) in determining the amount of the fine. Prior to the board's adoption of rules concerning the range of fines for violations, the department shall make recommendations to the board, including a proposed schedule of fines that vary the range of fines by the severity and frequency of the violations and that may include a different range of fines based on the size of the residence. The department shall first present the recommendations to and seek feedback from the advisory committee established in section 25-27-110.

(3) (a)  Rules adopted by the state board pursuant to subsection (1) of this

section must exempt an assisted living residence from complying with the facility guideline institute (FGI) guidelines, except in the case of new construction or major renovations. An assisted living residence must still comply with all other fire and local building codes and the standards outlined in this section.

(b)  As used in subsection (3)(a) of this section, major renovations means

additions to a building's structure or changes that affect the structural integrity of the building. Major renovations do not include changing the functional operation of a space if no construction is completed and the floor plan of the building remains the same. It also does not include adding beds to accommodate more residents or upgrades to the heating or cooling systems and electrical systems if those improvements do not require construction.

Source: L. 84: Entire article added, p. 791, � 1, effective July 1. L. 85: Entire

section R&RE, p. 925, � 4, effective July 1. L. 90: (2)(a) amended and (2)(g) added, p. 1355, � 3, effective July 1. L. 94: (2)(d) amended, p. 2703, � 259, effective July 1. L. 2002: (1), IP(2), (2)(a), (2)(b), (2)(f), and (2)(g) amended and (2)(h) to (2)(k) added, p. 1318, � 4, effective July 1. L. 2003: (2)(k) amended, p. 1998, � 47, effective May 22. L. 2006: (2)(e) amended, p. 254, � 2, effective January 1, 2007. L. 2022: IP(2) and (2)(g) amended and (2)(l) and (2)(m) added, (SB 22-154), ch. 323, p. 2287, � 2, effective June 2. L. 2025: (3) added, (HB 25-1213), ch. 276, p. 1434, � 2, effective August 6.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (2)(d), see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 25-7-109

25-7-109. Commission to adopt emission control regulations - rules. (1) (a) Except as provided in sections 25-7-130 and 25-7-131, as promptly as possible, the commission shall adopt, promulgate, and from time to time modify or repeal emission control regulations which require the use of effective practical air pollution controls:

(I)  For each significant source or category of significant sources of air

pollutants;

(II)  For each type of facility, process, or activity which produces or might

produce significant emissions of air pollutants.

(b)  The requirements and prohibitions contained in such regulations shall be

set forth with as much specificity and clarity as is practical. Upon adoption of an emission control regulation under subparagraph (II) of paragraph (a) of this subsection (1) for the control of a specific facility, process, or activity, such regulation shall apply to the exclusion of other emission control regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1); prior to such adoption, the general regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1) shall be applicable to such facility, process, or activity. In the formulation of each emission control regulation, the commission shall take into consideration the following:

(I)  The state policy regarding air pollution, as set forth in section 25-7-102;


(II)  Federal recommendations and requirements;


(III)  The degree to which altitude, topography, climate, or meteorology in

certain portions of the state require that emission control regulations be more or less stringent than in other portions of the state;

(IV)  The degree to which any particular type of emission is subject to

treatment and the availability, technical feasibility, and economic reasonableness of control techniques;

(V)  The extent to which the emission to be controlled is significant;


(VI)  The continuous, intermittent, or seasonal nature of the emission to be

controlled;

(VII)  The economic, environmental, and energy costs of compliance with such

emission control regulation;

(VIII)  Whether an emission control regulation should be applied throughout

the entire state or only within specified areas or zones of the state, and whether it should be applied only when a specified class or type of pollution is concerned.

(2)  Such emission control regulations may include, but shall not be limited

to, regulations pertaining to:

(a)  Visible pollutants;


(b)  Particulates;


(c)  Sulfur oxides, sulfuric acids, organic sulfides, hydrogen sulfide, nitrogen

oxides, carbon oxides, hydrocarbons, fluorides, and any other chemical substance;

(d)  Odors, except for livestock feeding operations that are not housed

commercial swine feeding operations as defined in section 25-8-501.1 (2)(b);

(e)  Open burning activity;


(f)  Organic solvents;


(g)  Photochemical substances;


(h)  Hazardous air pollutants and toxic air contaminants, as defined in section

25-7-109.5 (1)(i).

(3)  Emission control regulations adopted pursuant to this section shall

include, but shall not be limited to, regulations pertaining to the following facilities, processes, and activities:

(a)  Incinerator and incinerator design;


(b)  Storage and transfer of petroleum products and any other volatile

organic compounds;

(c)  Activities which frequently result in particulate matter becoming

airborne, such as construction and demolition operations;

(d)  Specifications, prohibitions, and requirements pertaining to fuels and fuel

additives, such as tetraethyl lead;

(e)  Wigwam waste burners, pulp mills, alfalfa dehydrators, asphalt plants,

and any other industrial or commercial activity which tends to emit air pollutants as a by-product;

(f)  Industrial process equipment;


(g)  Industrial spraying operations;


(h)  Airplanes;


(i)  Diesel-powered machines, vehicles, engines, and equipment;


(j)  Storage and transfer of volatile compounds and hazardous or toxic gases

or other hazardous substances which may become airborne.

(4)  The commission shall promulgate appropriate regulations pertaining to

hazardous air pollutants.

(5)  The commission shall promulgate appropriate regulations setting

conditions and time limitations for periods of start-up, shutdown, or malfunction or other conditions which justify temporary relief from controls. Operations of any air pollution source during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance or compliance test.

(6)  The commission shall establish test methods and procedures for

determining compliance with emission control regulations promulgated under this section and, in so doing, shall, to the maximum degree consistent with the purposes of this article, consider the test methods and procedures established by the United States environmental protection agency and shall adopt such test methods and procedures as shall minimize the possibility of inconsistency or duplication of effort.

(7)  All regulations promulgated pursuant to this section shall conform with

the provisions of part 5 of this article concerning asbestos control.

(8) (a)  Notwithstanding any other provision of this section, the commission

shall not regulate emissions from agricultural, horticultural, or floricultural production such as farming, seasonal crop drying, animal feeding operations that are not housed commercial swine feeding operations as defined in section 25-8-501.1 (2)(b), and pesticide application; except that the commission shall regulate such emissions if they are major stationary sources, as that term is defined in 42 U.S.C. sec. 7602 (j), or are required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program), or are participating in the early reduction program of section 112 of the federal act, or is not required by section 111 of the federal act, or is not required for sources to be excluded as a major source under this article.

(b)  Nothing in paragraph (a) of this subsection (8), as amended by House Bill

05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(9) (a)  The commission shall adopt a procedure consistent with the federal

environmental protection agency requirements for determining when there has been a net significant emissions increase which results in a major modification that subjects a source to the permitting requirements of the prevention of significant deterioration program or the nonattainment area new source review. The commission's procedure shall also prohibit sources from circumventing the new source review requirements in a manner consistent with the federal environmental protection agency guidance. Such procedure shall be the same for both the prevention of significant deterioration program and the nonattainment area new source review program and shall not apply to hazardous air pollutants. Such net emissions increase procedure shall be as described in paragraph (b) of this subsection (9), unless and until the federal environmental protection agency requires otherwise or unless after January 1, 1998, the commission:

(I)  Undertakes a collaborative process with the affected industries to

determine the cost and emission impacts associated with any proposed changes in this procedure;

(II)  Reviews at least three years of emissions increases and decreases under

the procedures described in paragraph (b) of this subsection (9);

(III)  Delivers reports on the matters required in subparagraphs (I) and (II) of

this paragraph (a) to the general assembly for its review;

(IV)  Determines through rule-making that an applicability procedure for

major modifications more stringent than that described in paragraph (b) of this subsection (9) is equitable when considering minor, area, and mobile source controls; and

(V)  Determines through rule-making that such more stringent applicability

procedure is necessary to attain and to maintain the national ambient air quality standards.

(b)  The procedure for determining when there has been a net significant

emissions increase shall be consistent with requirements of the federal environmental protection agency and:

(I)  Such requirements shall apply only if there is, in the first instance, a

significant emissions increase from an individual proposed project or modification. If the individual proposed project or modification will not result in a significant emissions increase, it shall be exempt from the prevention of significant deterioration program and the nonattainment area new source review requirements.

(II)  If a project or modification is not exempt under subparagraph (I) of this

paragraph (b), each pollutant for which the project results in a significant emissions increase shall be subject to the prevention of significant deterioration program or the nonattainment area new source review requirements only if the sum of all source-wide, non-de minimis, contemporaneous, and creditable emissions increases and decreases of that pollutant or that regulated precursor exceed applicable significance levels. Each specific regulated precursor shall be considered independently in determining applicable significance levels.

(III)  In determining the non-de minimis net emissions increase during the

contemporaneous period, the commission's procedures shall be consistent with the federal environmental protection agency's review procedure for determining net emissions increases and decreases. Non-de minimis increases shall exclude all increases which would be exempt under commission rules from a requirement to obtain a construction permit under section 25-7-114.2.

(10) (a)  The commission shall adopt rules to minimize emissions of methane

and other hydrocarbons, volatile organic compounds, and oxides of nitrogen from oil and natural gas exploration and production facilities and natural gas facilities in the processing, gathering and boosting, storage, and transmission segments of the natural gas supply chain.

(b) (I)  The commission shall review its rules for oil and natural gas well

production facilities and compressor stations and specifically consider adopting more stringent provisions, including:

(A)  A requirement that leak detection and repair inspections occur at all well

production facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules;

(B)  A requirement that owners and operators of oil and gas transmission

pipelines and compressor stations must inspect and maintain all equipment and pipelines on a regular basis;

(C)  A requirement that oil and natural gas operators must install and operate

continuous methane emissions monitors at facilities with large emissions potential, at multi-well facilities, and at facilities in close proximity to occupied dwellings; and

(D)  A requirement to reduce emissions from pneumatic devices. The

commission shall consider requiring oil and gas operators, under appropriate circumstances, to use pneumatic devices that do not vent natural gas.

(II)  The commission may, by rule, phase in the requirement to comply with

this subsection (10)(b) on the bases of production capability, type and age of oil and gas facility, and commercial availability of continuous monitoring equipment. If the commission phases in the requirement to comply with this subsection (10)(b), it shall increase the required frequency of inspections at facilities that are subject to the phase-in until the facilities achieve continuous emission monitoring.

(c)  Notwithstanding the grant of authority to the energy and carbon

management commission in article 60 of title 34, including specifically section 34-60-105 (1), the commission may regulate air pollution from oil and gas facilities listed in subsection (10)(a) of this section, including during preproduction activities, drilling, and completion.

(d)  On or before August 31, 2026, the division shall propose rules designed to

reduce emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations, as defined by the commission by rule, including preproduction operations, between May 1 and September 30 in the eight-hour ozone control area and northern Weld county, as those terms are defined by the commission by rule, by fifty percent by 2030 relative to 2017 NOx emission levels. NOx emission levels are characterized by the most recent state inventory of NOx emissions for 2017 that the commission adopted for the purpose of inclusion in the state implementation plan for the 2015 eight-hour ozone national ambient air quality standard or as published concurrently with proposed rules consistent with this subsection (10)(d) in a notice of proposed rule-making published in accordance with section 25-7-110 (1).

Source: L. 79: Entire article R&RE, p. 1025, � 1, effective June 20. L. 87: (7)

added, p. 1151, � 3, effective July 1. L. 92: (2)(h) amended and (8) added, p. 1177, � 12, effective July 1. L. 94: (9) added, p. 1418, � 1, effective May 25. Initiated 98: (2)(d) and (8) amended, effective upon proclamation of the Governor, December 30, 1998. L. 2005: (8) amended, p. 348, � 4, effective August 8. L. 2019: (10) added, (SB 19-181), ch. 120, p. 502, � 3, effective April 16. L. 2022: (2)(c) and (2)(h) amended, (HB 22-1244), ch. 332, p. 2332, � 3, effective June 2. L. 2023: (10)(c) amended, (SB 23-285), ch. 235, p. 1254, � 27, effective July 1. L. 2024: (10)(d) added, (SB 24-229), ch. 183, p. 986, � 2, effective May 16.

Editor's note: Subsections (2)(d) and (8) were amended by an initiated

measure that was adopted by the people at the general election held November 3, 1998. The measure amending subsections (2)(d) and (8) was effective upon proclamation of the Governor, December 30, 1998. The vote count on the measure at the general election held November 3, 1998, was as follows:

FOR:  790,852


AGAINST:  438,873


Cross references: For the legislative declaration in HB 22-1244, see section 1

of chapter 332, Session Laws of Colorado 2022. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.

C.R.S. § 25-7-109.3

25-7-109.3. Colorado hazardous air pollutant control and reduction program - rules - repeal. (1) The commission shall promulgate appropriate rules pertaining to hazardous air pollutants that are consistent with this section, section 25-7-109.5, and the requirements of and emission standards promulgated pursuant to section 112 of the federal act, including any standard required to be imposed under section 112(r) of the federal act. The commission shall monitor the progress and results of the risk studies performed under section 112 of the federal act to show that Colorado's hazardous air pollutant control and reduction program is at least as protective as the national strategy.

(2)  The commission may promulgate rules pertaining to hazardous air

pollutants in accordance with this section, section 25-7-109.5, and section 25-7-114.4. In order to minimize additional regulatory and compliance costs to the state's economy, any program created by the commission pursuant to this section may contain a provision that exempts from the requirements of the program those sources or categories of sources that it determines to be of minor significance. Consistent with the provisions of section 25-7-105.1, the commission shall authorize synthetic minor sources of hazardous air pollutants by the issuance of construction permits or prohibitory or other rules. The commission shall expeditiously implement this subsection (2) to ensure that all sources may be able to timely qualify as a synthetic minor source, thereby avoiding the costs of the operating permit program.

(3) (a) (I)  As soon as adequate scientific, technological, and hazardous air

pollutant emissions information is available, the commission may promulgate regulations for the control of hazardous air pollutants, including utilizing Colorado GACT or Colorado MACT technology-based emission reduction requirements, as defined in section 25-7-103 (6.7) and (6.8).

(II)  The division may establish schedules of compliance of up to five years

leading to final compliance for any such regulation, which shall be enforced through regulations or conditions in construction permits issued pursuant to section 25-7-114.2 or 25-7-114.5. In determining any schedule of compliance, the division shall consider the current availability of technology, costs of compliance, and the consequence of delay to the public health or environment or economy.

(III)  The division shall issue its determination of Colorado GACT or Colorado

MACT and the compliance schedule in writing.

(IV)  Within thirty calendar days after receipt of a determination by the

division requiring installation of Colorado GACT or Colorado MACT and the compliance schedule, pursuant to this subsection (3), a source may appeal such a determination or compliance schedule by filing with the commission a written petition requesting a hearing to review the determination on a de novo basis.

(V)  Such hearing shall allow the parties to present evidence and argument

on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.

(b) and (b.1)  Repealed.


(c)  The commission shall designate by regulation those classes of minor or

insignificant sources of emissions of hazardous air pollutants which are exempt from the requirements of this section because their emissions of hazardous air pollutants will result in an inconsequential risk to public health.

(d) (I)  A source subject to the requirements of this section may be exempt

from installation of Colorado MACT or Colorado GACT or any Colorado health-based requirement if the division makes a determination that an alternative level of control, including no emission controls, will result in an inconsequential risk to public health.

(II)  The division shall issue its determination of a source's request for

exemption under this paragraph (d) in writing within sixty days of receipt of a complete application for an exemption and shall publish notice of its determination by at least one publication in a newspaper of general distribution in the area of the source requesting the exemption.

(III)  Within thirty calendar days after receipt of a determination by the

division of a request for exemption by a source under this paragraph (d), the source or any person may appeal such determination by filing with the commission a written petition requesting a hearing to review the exemption request on a de novo basis.

(IV)  Such hearing shall allow the parties to present evidence and argument

on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.

(e)  Any source as defined in section 112(i) of the federal act, and regulations

promulgated thereunder, that participates in the early reduction program pursuant to section 112(i) of the federal act, or this article, shall be exempt from the requirements of this section for the same period of time exemptions from federal requirements or requirements under this article are allowed under the early reduction program.

(f) and (g)  Repealed.


(4) (a) (I)  The commission may adopt rules pertaining to those sources

identified as emitting hazardous air pollutants regulated under this section, which may include additional emission reduction requirements to address any residual risk of health effects with respect to actual persons living in the vicinity of sources after installation of technology-based controls. Imposition of such requirements may be made pursuant to section 25-7-109.5 or upon a determination by the commission that operation of sources without health-based controls does not or will not represent an inconsequential threat to public health. Rules as finally adopted pursuant to this subsection (4) may apply on a source-specific basis.

(II)  Repealed.


(b)  Repealed.


(c)  Subject to paragraph (a) of this subsection (4), for existing sources not

subject to regulation under section 25-7-114.3, or not subject to regulation as a modified source, the commission may promulgate health-based regulations on a source-by-source basis, with the exceptions specified in paragraph (d) of this subsection (4).

(d)  The commission may recognize similarities among regulated sources or

apply, when appropriate, previous control requirements established by the commission pursuant to paragraph (a) of this subsection (4) in making a determination about the need for such regulation under this subsection (4). The commission shall also consider fundamentally different factors between sources in making these determinations.

(e)  The commission may establish schedules of compliance leading to final

compliance for any regulation promulgated pursuant to this subsection (4).

(f)  A hearing conducted by the commission under this subsection (4) shall be

conducted in accordance with section 25-7-110 or 25-7-119 or article 4 of title 24, C.R.S., as applicable.

(g)  In reaching a determination under this subsection (4), the commission

shall give consideration to the technical availability of methods of compliance, the costs of compliance, and the consequences of delay. The commission shall also consider cost-benefit analysis and risk-benefit analysis pursuant to section 24-4-103 (4.5), C.R.S.

(h)  Temporary exceptional authority. (I) (A)  This subparagraph (I) shall

apply until such time as the commission is authorized to act pursuant to paragraph (a) of this subsection (4). If the executive director of the department of public health and environment finds that a source in a category or subcategory of sources listed or proposed to be listed under section 112 of the federal act for which MACT or GACT is not scheduled for proposal until after 1997 and presents an unacceptable threat of actual health effects, then the executive director may direct the commission to evaluate and, as necessary, study such actual health effects. If the commission finds by a preponderance of the evidence that waiting until the source would be required to install GACT or MACT under section 112 of the federal act will cause an unacceptable incremental threat of actual health effects to persons living in the vicinity of such source, the commission may promulgate regulations for the control of hazardous air pollutants for the source. The control regulations may include the least restrictive control that will adequately protect the public, including but not limited to: Chemical substitution, pollution prevention, work process modifications, additional control technologies, or Colorado MACT or GACT. In promulgating Colorado GACT or MACT for the source, the commission shall consider and be as consistent as possible with GACT or MACT under section 112 of the federal act, minimization of duplicative capital expenditures and minimization of substantial reconstruction time. The commission shall provide a schedule of compliance leading to final compliance which considers matters identified in paragraphs (c), (e), (f), and (g) of this subsection (4).

(B)  Any source which is required to install Colorado MACT or GACT under

regulations promulgated pursuant to sub-subparagraph (A) of this subparagraph (I) only and which subsequently is required to install federal MACT or GACT that is significantly different than Colorado MACT or GACT and imposes a significant capital cost on the source, then the general assembly shall study and consider whether an operating permit fee credit or a state tax credit for the capital costs, or a percentage of the costs, is appropriate.

(II)  Until such time as the commission is authorized to act pursuant to

paragraph (a) of this subsection (4) and upon the recommendation of the executive director of the department of public health and environment, the governor may find, as expressed in an executive order, that after an existing source has installed Colorado or federal MACT or GACT, or Colorado MACT or GACT has been proposed for a new source or a modification of an existing source, the source presents an unacceptable threat of actual health effects. The governor may then direct the commission to evaluate and, as necessary, conduct studies on actual health effects. If the commission determines by a preponderance of the evidence that emissions of hazardous air pollutants by the source will cause an unacceptable threat of actual health effects to persons living in the vicinity of such source, the commission may then promulgate additional technology-based control regulations, pollution prevention, or health-based measures to protect the public health. The commission shall provide a schedule of compliance leading to final compliance which considers matters identified in paragraphs (c), (e), (f), and (g) of this subsection (4).

(III)  This subsection (4)(h) is repealed, effective July 1, 2026.


(5) (a)  The substances listed in or pursuant to section 112(b) of the federal

act, and the following substances, are declared to be hazardous air pollutants and are subject to regulation by the commission under this section:

Chemical Abstracts


Service Number  Chemical


(I) 50-18-0 Cyclophosphamide


(II)    50-32-8 Benzo(a)pyrene


(III)   52-24-4 Tris(aziridinyl)-phosphine sulfide


(IV)    52-24-4 Thio-tepa


(V) 53-70-3 Dibenz[a,h]anthracene


(VI)    55-98-1 1,4-butanediol dimethanesulphonate


(VII)   56-53-1 Dirthylstulresterol


(VIII)  56-55-3 Benz[a]anthracene


(IX)    70-25-7 N-methyl-n-nitro-n-nitrosoguanidine


(X) 78-98-8 Methylglyoxol


(XI)    115-28-6    Chlorendic acid


(XII)   117-10-2    Chrysazin


(XIII)  122-60-1    Phenyl glycidyl ether


(XIV)   132-27-4    2-biphenylol sodium salt


(XV)    154-93-8    Bischloroethyl nitrosourea


(XVI)   298-81-7    8-methoxypsoralen


(XVII)  299-75-2    Treosulphan


(XVIII) 305-03-3    Clorambucil


(XIX)   370-67-2    Azactidine


(XX)    366-70-1    Procarbazine hydrochloride


(XXI)   446-86-6    Azathioprine


(XXII)  484-20-8    5-methoxypsoralen


(XXIII) 494-03-1    Chlornaphazine


(XXIV)  590-96-5    Methanol, (methyl-onn-azoxy)


(XXV)   607-57-8    2-nitrofluorene


(XXVI)  615-53-2    N-nitroso-n-methylurethane


(XXVII) 817-09-4    Trichlormethine


(XXVIII)    1188-47-2   Nitrilotriacetic


        acid, copper(2+)salt(1:1)


(XXIX)  1188-48-3   Nitrilotriacetic


        acid, magnesium salt(1:1)


(XXX)   1309-64-4   Antimony oxide


(XXXI)  1317-98-2   Valentinite


(XXXII) 1402-68-2   Aflatoxins


(XXXIII)    2399-81-7   Nitrilotriacetic acid,


        beryllium salt(1:1)


(XXXIV) 2399-83-9   Nitrilotriacetic acid,


        barium salt(1:1)


(XXXV)  2399-85-1   Nitrilotriacetic acid,


        tripotassium salt


(XXXVI) 2399-86-2   Nitrilotriacetic acid,


        dipotassium salt


(XXXVII)    2399-87-3   Nitrilotriacetic acid,


        beryllium potassium salt(1:1)


(XXXVIII)   2399-88-4   Nitrilotriacetic acid,


        potassium magnesium salt(1:1:1)


(XXXIX) 2399-89-5   Nitrilotriacetic acid,


        potassium strontium salt(1:1:1)


(XL)    2399-94-2   Nitrilotriacetic acid,


        calcium salt(1:1)


(XLI)   2455-08-5   Nitrilotriacetic acid,


        calcium potassium salt(1:1:1)


(XLII)  2475-45-8   Disperse blue 1


(XLIII) 2646-17-5   C1 solvent orange2


(XLIV)  3130-95-8   Nitrilotriacetic acid,


        scandium (3+) salt (1:1)


(XLV)   3438-06-0   Nitrilotriacetic acid,


        neodymium (3+) salt (1:1)


(XLVI)  5064-31-3   Nitrilotriacetic acid,


        trisodium salt


(XLVII) 5522-43-0   1-nitropyrene


(XLVIII)    5798-43-6   Nitrilotriacetic acid,


        disodium salt, compound


        with oxo (dihydrogen nit)


(XLIX)  7496-02-8   6-nitrochrysene


(L) 10042-84-9  Nitrilotriacetic acid,


        sodium salt (unspecified)


(LI)    10043-92-2  Radon decay products


(LII)   10413-71-5  Nitrilotriacetic acid,


        erbium(3+) salt (3:1)


(LIII)  12412-52-1  Senarmontite


(LIV)   12510-42-8  Erionite


(LV)    13010-47-4  1-(2-chloroethyl)-3-


        cyclohexyl-1-nitrosourea


(LVI)   13909-09-6  1,(2-chloroethyl)-3-(4


        methyl-cyclohexyl)-1


        nitrosourea


(LVII)  14695-88-6  Nitrilotriacetic acid,


        compound with iron


        chloride, as /fecl3/


(LVIII) 14807-96-6  Talc (containing


        asbestos fibers)


(LIX)   14981-08-9  Nitrilotriacetic acid,


        calcium salt


(LX)    15414-25-2  Nitrilotriacetic acid,


        yttrium (3+) salt (1:1)


(LXI)   15467-20-6  Nitrilotriacetic acid,


        disodium salt


(LXII)  15663-27-1  Cisplatin


(LXIII) 15844-52-7  Nitrilotriacetic acid,


        copper (2+) complex


(LXIV)  15934-02-8  Nitrilotriacetic acid,


        monoammonium salt


(LXV)   16448-54-7  Nitrilotriacetic acid,


        iron (3+) complex


(LXVI)  16568-02-8  Gyromitrin


(LXVII) 18105-03-8  Nitrilotriacetic acid,


        mercury (2+) salt (2:3)


(LXVIII)    18432-54-7  Nitrilotriacetic acid,


        cadmium (2+) complex


(LXIX)  18540-29-9  Chromium compounds,


        hexavalent


(LXX)   18662-53-8  Nitrilotriacetic acid,


        trisodium salt monohydrate


(LXXI)  18946-94-6  Nitrilotriacetic acid,


        neodymium (3+) salt (1:1)


(LXXII) 18983-72-7  Nitrilotriacetic acid,


        beryllium potassium salt (1:1)


(LXXIII)    18994-66-6  Nitrilotriacetic acid,


        monosodium salt


(LXXIV) 19010-73-2  Nitrilotriacetic acid,


        aluminium (3+) complex


(LXXV)  19456-58-7  Nitrilotriacetic acid,


        inidium (3+) complex


(LXXVI) 22965-60-2  Nitrilotriacetic acid,


        nickel (3+) complex


(LXXVII)    23214-92-8  Adrianmycin


(LXXVIII)   23255-03-0  Nitrilotriacetic acid,


        disodium salt, monohydrate


(LXXIX) 23319-51-9  Nitrilotriacetic acid,


        cobalt (3+) complex


(LXXX)  23555-96-6  Nitrilotriacetic acid,


        potassium strontium salt


        (2:4:1)


(LXXXI) 23555-98-8  Nitrilotriacetic acid,


        calcium potassium salt


        (2:1:4)


(LXXXII)    25817-24-7  Nitrilotriacetic acid,


        potassium salt


(LXXXIII)   28444-53-3  Nitrilotriacetic acid,


        monopotassium salt


(LXXXIV)    28027-38-0  Nitrilotriacetic acid,


        holmium salt


(LXXXV) 29027-90-5  Nitrilotriacetic acid,


        cerium salt


(LXXXVI)    29507-58-2  Nitrilotriacetic acid,


        zinc (3+) complex sodium salt


(LXXXVII)   32685-17-9  Nitrilotriacetic acid,


        triammonium salt


(LXXXVIII)  34831-02-2  Nitrilotriacetic acid,


        copper (2+) hydrogen complex


(LXXXIX)    34831-03-3  Nitrilotriacetic acid,


        nickel (2+) hydrogen


        complex


(XC)    36711-58-7  Nitrilotriacetic acid,


        manganese salt


(XCI)   42397-64-8  1,6-dinitropyrene


(XCII)  42397-65-9  1,8-dinitropyrene


(XCIII) 46242-44-8  Nitrilotriacetic acid,


        antimony (3+) complex


(XCIV)  50618-02-7  Nitrilotriacetic acid,


        tricadium (2+) complex


(XCV)   53108-47-7  Nitrilotriacetic acid,


        copper (2+) complex sodium


        salt


(XCVI)  53108-50-2  Nitrilotriacetic acid,


        cobalt (3+) hydrogen


        complex


(XCVII) 53818-84-1  Nitrilotriacetic acid,


        tin (2+) salt


(XCVIII)    54749-90-5  Chlorozotocin


(XCIX)  57835-92-4  4-nitropyrene


(C) 59865-13-3  Cyclosporin A


(CI)    60034-45-9  Nitrilotriacetic acid,


        calcium sodium salt


        (1:1:1)


(CII)   60153-49-3  3-(n-nitrosomethylamino)


        propionitrile


(CIII)  61017-62-7  Nitrilotriacetic acid,


        iron (2+) complex sodium


        salt (1:1:1)


(CIV)   62450-06-0  trp-p-1


(CV)    62450-07-1  trp-p-2


(CVI)   64091-91-4  Ketone, 3-pyridyl3-


        (n-methyl-n-nitrosoamino)


        propyl


(CVII)  67730-10-3  2-aminodipyrido[1,2-a3,2-


        d]imidazole


(CVIII) 66730-11-4  2-amino-6-


        methyldipyrido[1,2-a32-


        d]imidazole


(CIX)   68006-83-7  2-amino-3-methyl-


        9h-pyrido[2,3-b]indole


(CX)    69679-89-6  Nitrilotriacetic acid,


        calcium salt (2:3)


(CXI)   71484-80-5  Nitrilotriacetic acid,


        copper (2+) complex


        ammonium salt


(CXII)  72629-49-3  Nitrilotriacetic acid,


        dilithium salt


(CXIII) 73772-91-5  Nitrilotriacetic acid,


        magnesium salt


(CXIV)  76180-96-6  2-amino-3-


        methylimadazo[4,5-


        f]quinoline


(CXV)   79217-60-0  Cyclosporine


(CXVI)  79849-02-8  Nitrilotriacetic acid,


        lead (2+) salt (1:1)


(CXVII) 79915-08-5  Nitrilotriacetic acid,


        lead (2+) potassium salt


        (1:1:1)


(CXVIII)    79915-09-6  Nitrilotriacetic acid,


        lead (2+) salt (2:3)


(CXIX)  80508-23-2  N-nitrosonornicotine


(CXX)   86892-89-9  Nitrilotriacetic acid,


        disodium ammonium salt


(CXXI)  92474-39-0  Nitrilotriacetic acid,


        trisilver salt


(CXXII) 92988-11-9  Nitrilotriacetic acid,


        strontium sodium salt


(CXXIII)    108171-26-2 Chlorinated paraffins


        (c12, 60% chlorine)


(CXXIV) 309-00-2    Aldrin


(CXXV)  60-57-1 Dieldrin


(CXXVI) 55-18-5 N-nitrosodiethylamine


(CXXVII)    319-84-6    L-hexachlorocyclohexane


(CXXVIII)   608-73-1    Hexachlorocyclohexane-tech


(CXXIX) 7644-41-0   1,4 dichloro-2-butene


(CXXX)  924-16-3    N-nitroso-d-n-butyl-amine


(b)  The commission may promulgate a regulation which amends by adding

to, or deleting from, the list of hazardous air pollutants subject to regulation under this section within the state which are not listed as hazardous air pollutants under the federal act. In amending the list of hazardous air pollutants in paragraph (a) of this subsection (5), the commission shall utilize the same standards and criteria which section 112 of the federal act requires the administrator to utilize in amending the list of hazardous air pollutants under the federal act.

(c)  The commission shall by regulation establish de minimis emission levels

for each hazardous air pollutant beneath which levels emissions are considered to be of minor significance.

(d)  The rule-making authorized under paragraphs (b) and (c) of this

subsection (5) shall include a hearing to allow the parties to present evidence and argument on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.

(e)  Proceedings of the commission to amend the list of hazardous air

pollutants under paragraph (b) of this subsection (5) shall be conducted on a substance-by-substance basis and there shall not be a consolidation of proceedings wherein more than five substances are considered for listing as a hazardous air pollutant in one proceeding.

Source: L. 92: Entire section added, p. 1180, � 13, effective July 1. L. 94: (2)

amended, p. 1419, � 2, effective May 25; (4)(h)(I)(A) and (4)(h)(II) amended, p. 2782, � 499, effective July 1. L. 96: (1) amended, p. 1257, � 150, effective August 7. L. 2016: (3)(b.1), (3)(d)(III), (4)(d), (4)(h)(I)(A), (4)(h)(II), and (5)(b) amended and (4)(a)(II) and (4)(b) repealed, (SB 16-189), ch. 210, p. 771, � 64, effective June 6. L. 2021: (2) amended, (HB 21-1266), ch. 411, p. 2748, � 15, effective July 2. L. 2022: (1), (2), (3)(a)(I), (4)(a)(I), and (4)(h)(III) amended and (3)(b), (3)(b.1), (3)(f), and (3)(g) repealed, (HB 22-1244), ch. 332, p. 2341, � 5, effective June 2.

Cross references: (1)  For the legislative declaration contained in the 1994

act amending subsections (4)(h)(I)(A) and (4)(h)(II), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.

(2)  For the short title (Environmental Justice Act) and the legislative

declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

(3)  For the legislative declaration in HB 22-1244, see section 1 of chapter

332, Session Laws of Colorado 2022.

C.R.S. § 25-7-114

25-7-114. Permit program - definitions. As used in sections 25-7-114 to 25-7-114.7, unless the context otherwise requires:

(1)  Affected source means a source that includes one or more fossil-fuel-fired combustion devices subject to emission reduction requirements or limitations

under subchapter IV of the federal act or this article.

(2)  Construction permit means the same as an emission permit as

required under this section as it existed prior to July 1, 1992, and is the permit required under section 25-7-114.2 after July 1, 1992.

(3)  Major source means any stationary source (or group of stationary

sources which have the same two-digit standard industrial code, are located on one or more contiguous or adjacent properties, and are under common control) that:

(a)  Subject to the provisions of section 112 (n)(4) of the federal act, emits or

has the potential to emit considering enforceable controls, in the aggregate, ten tons per year or more of any hazardous air pollutant or twenty-five tons per year or more of any combination of hazardous air pollutants, or such lesser quantity of hazardous air pollutants as may be established pursuant to the federal act; or

(b)  Directly emits, or has the potential to emit, one hundred tons per year or

more of any air pollutant; or

(c)  Meets any of the definitions of major source set forth in Part D of

subchapter I of the federal act.

(4)  Potential to emit means the maximum capacity of a stationary source to

emit a pollutant under its physical and operational design. Any physical or operational limitations on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable and federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

(5)  Schedule of compliance means a schedule of required measures,

including an enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation, emission prohibition, or emission control regulation.

(6)  Synthetic minor source means, for purposes of this article, any source

which would otherwise meet the definition of major source for any pollutants but for the existence of enforceable emission limitations contained in the permit or regulation applicable to that source.

Source: L. 79: Entire article R&RE, p. 1030, � 1, effective June 20. L. 82: (5)(b)

amended, p. 423, � 1, effective April 23. L. 84: (5)(b) amended, p. 783, � 4, effective April 12; IP(4), (4)(f)(I)(A), (4)(f)(I)(B), (4)(f)(II), IP(4)(g)(I), (4)(g)(III), (4)(h), and (4)(i) amended, p. 770, � 6, effective July 1. L. 87: (5)(b) amended, p. 1140, � 1, effective June 10; (5) amended, p. 1138, � 1, effective July 1; (5)(b) amended, p. 1152, � 5, effective July 1. L. 89: (4)(m) and (5)(c) to (5)(f) added and (5)(a) amended, p. 1165, �� 1, 2, effective May 26. L. 91: (5)(d)(III) amended and (5)(f) repealed, p. 940, �� 1, 2, effective May 16. L. 92: Entire section R&RE, p. 1198, � 17, effective July 1. L. 94: (6) amended, p. 1421, � 4, effective May 25.

Editor's note: Amendments to subsection (5)(b) by Senate Bill 87-145, House

Bill 87-1239, and House Bill 87-1372 were harmonized.

C.R.S. § 25-7-114.2

25-7-114.2. Construction permits. No person shall construct or substantially alter any building, facility, structure, or installation, except single-family residential structures, or install any machine, equipment, or other device, or commence the conduct of any such activity, or commence performance of any combinations thereof, or commence operations of any of the same which will or do constitute a new stationary source or a new indirect air pollution source without first obtaining or having a valid construction permit therefor from the division or commission, as the case may be; except that no construction permit shall be required for new indirect air pollution sources until regulations regarding construction permits for such sources have been promulgated by the commission, but in no event shall regulations governing indirect air pollution sources be more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. Any emission permit validly issued prior to July 1, 1992, pursuant to section 25-7-114, as said section existed prior to July 1, 1992, and in effect on or after July 1, 1992, shall be deemed to be a valid construction permit issued pursuant to this section. The commission shall designate by regulation those classes of minor or insignificant sources of air pollution which are exempt from the requirement for a permit because of their negligible impact on air quality.

Source: L. 92: Entire section added, p. 1202, � 18, effective July 1.

C.R.S. § 25-7-114.4

25-7-114.4. Permit applications - contents - rules - definitions. (1) The commission shall promulgate such regulations as may be necessary and proper for the orderly and effective administration of construction permits and renewable operating permits. Such regulations shall be in conformity with the provisions of this article and with federal requirements, shall be in furtherance of the policy contained in section 25-7-102, and shall implement, where applicable, permit and permit application contents, procedures, requirements, and restrictions with respect to the following:

(a)  Identification and address of the owner and operator of the source or

facility from which the emission or emissions are to be permitted;

(b)  Location, quantity, and quality characteristics of the permitted emissions;


(c)  Inspection, monitoring, record-keeping, and reporting requirements

consistent with standard procedures, methods, and requirements established by the division;

(d)  Deadlines for submitting permit applications and compliance plans,

which, for applications for renewable operating permits, shall be no later than twelve months after the source becomes subject to an approved permit program. Deadlines for submitting permit applications for renewal of renewable operating permits shall be consistent with the requirements for filing such applications promulgated under the federal act but in no event earlier than required under the federal act.

(e)  Contents of compliance plans to be submitted with renewable operating

permit applications, which shall include schedules of compliance and progress reports at least every six months;

(f)  Annual certifications of facility compliance with permit requirements, with

prompt reporting of deviations from permit requirements;

(g)  Submission of pertinent plans and specifications for the facility or source

from which the emission is to be permitted;

(h)  Restrictions on transfers of the permit;


(i)  Procedures to be followed in the event of expansion or modification of the

source or facility from which the emission occurs, or change in the quality, quantity, or frequency of the emission;

(j)  Duration of the permit and renewal procedures. The duration of

construction permits shall be until the renewable operating permit is issued. The duration of renewable operating permits is five years.

(k)  Procedures to terminate, modify, or revoke and reissue permits for cause;

procedures to revise permits, prior to renewal or termination, to incorporate applicable standards and regulations adopted after the issuance of such permit as expeditiously as practicable, but not later than eighteen months after promulgation of the applicable requirement, or to incorporate otherwise applicable standards and regulations in the permit; except that no such revision shall be required if the effective date of the standards or regulation occurs after the permit term expires, such revision shall be treated as a permit renewal, and the defense established under subsection (3) of this section shall apply until the permit amendment is complete;

(l)  Procedures for incorporating emission limitations and other requirements

from an applicable implementation plan, and other applicable requirements, into new or renewed permits;

(m)  Procedures for notifying other contiguous states whose air quality may

be affected by the emissions or that are within fifty miles of the source and for submitting comments and recommendations regarding the proposed permit;

(n)  Procedures for modifying or amending permits, and procedures for

authorizing any change within a permitted facility without requiring a permit revision, so long as any such change is not a modification under any provision of subchapter I of the federal act, and any such change does not exceed the emissions allowable under the permit, and advance notice is given to the division and the administrator. Such advance notice shall be no earlier than that required under regulations promulgated pursuant to the federal act. Failure of the division to respond by the day following the last day of such advance notice period allows the source to proceed with any such change.

(o)  Procedures to make available to the public any permit application,

compliance plan, permit, and monitoring or compliance report, subject to the provisions of section 25-7-119 (4). If an applicant is required to submit information entitled to protection from disclosure, the applicant may submit such information separately.

(p)  Procedures for issuing general permits after notice and an opportunity

for hearing, covering numerous similar sources;

(q)  Procedures for issuing single permits for a facility with multiple sources;

and

(r)  Requirements for permit applications, including a standard application

form and criteria for determining in a timely fashion the completeness of applications.

(2)  The division shall examine applications for and may issue, suspend,

revoke, modify, deny, and otherwise administer all permits required under this article. Such administration shall be in accordance with the provisions of this article and regulations promulgated by the commission.

(3) (a)  Compliance with all renewable operating permit terms and conditions

shall be deemed compliance with section 25-7-114.3 and shall be deemed compliance with other applicable provisions of this article if:

(I)  The permit includes the applicable requirements of such provisions; or


(II)  The division or commission, in acting on the permit application, makes a

determination that such other provisions are not applicable, and the permit includes the determination or a concise summary thereof. Such other provisions as are not applicable in each permit shall be identified upon the request of the permittee.

(b)  Nothing in paragraph (a) of this subsection (3) shall alter or affect:


(I)  The provisions of section 25-7-112 or 25-7-113 or section 303 of the

federal act;

(II)  The liability of an owner or operator of a source for any violation of

applicable requirements prior to or at the time of permit issuance.

(4)  For any permitted sand and gravel operation or crushed stone quarry or

oil and gas well operation, if a breakdown of equipment or changes in market conditions require any additional crusher or screen or skid-mounted compressor or glycol dehydrator to be brought onto a site, the air pollutant emission notice filed under section 25-7-114.1 shall also serve as an application for a permit under the provisions of this section to continue operations at such a site with alternative or additional equipment until such permit is issued stating emission limitations.

(5)  Provisions for permits for sources that affect disproportionately

impacted communities. (a) Rules. (I) No later than June 1, 2023, the commission shall adopt rules to implement the requirements of this subsection (5).

(II)  The commission may set thresholds of affected pollutants below which

the requirements of this section do not apply.

(III)  In adopting rules to implement this subsection (5), the commission shall

identify disproportionately impacted communities.

(IV)  The commission shall periodically, but not less often than every three

years, revisit its identification of disproportionately impacted communities and determinations of affected pollutants.

(b)  Applicability and requirements. (I)  The requirements of this subsection

(5)(b) apply to permits for sources of affected pollutants in disproportionately impacted communities.

(II) (A)  The commission's rules must provide for enhanced modeling and

monitoring requirements for new and modified sources of affected pollutants in disproportionately impacted communities that are identified or approved at the time of permit application. In adopting the rules, the commission shall also consider requiring enhanced monitoring for existing sources of affected pollutants.

(B)  The commission's rules must identify the types of monitoring technology

that can be used by the sources of affected pollutants and must allow for the use of alternative methods of monitoring as approved by the division.

(c)  Fees. Sources of affected pollutants subject to the requirements of this

subsection (5) shall pay a processing fee in conformity with section 25-7-114.7 (2)(a)(III) to cover the division's and commission's direct and indirect costs of implementing the requirements of this section. These fees shall be credited to the stationary sources control fund in accordance with section 25-7-114.7 (2)(b)(I).

(d)  Definitions. As used in this subsection (5), unless the context otherwise

requires:

(I)  Affected pollutants means those air pollutants as determined by the

commission with the potential to cause or contribute to significant health or environmental impacts. The term includes:

(A)  Volatile organic compounds;


(B)  Oxides of nitrogen;


(C)  Hazardous air pollutants as identified by the commission, including

benzene, toluene, ethylbenzene, and xylene; and

(D)  Particulate matter that is two and one-half microns or smaller.


(II)  Source of affected pollutants means a stationary source that emits any

affected pollutant in an amount such that a construction permit is required under commission rules.

Source: L. 92: Entire section added, p. 1205, � 18, effective July 1. L. 95: (4)

added, p. 1342, � 3, effective July 1. L. 2021: (5) added, (HB 21-1266), ch. 411, p. 2732, � 8, effective July 2.

Cross references: For the short title (Environmental Justice Act) and the

legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

C.R.S. § 25-7-114.5

25-7-114.5. Application review - public participation. (1) Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications, and data required to be furnished with the permit application.

(2)  The division shall evaluate permit applications to determine, for

construction permits, whether operation of the proposed new source at the date of start-up and for operating permits, whether the permitted emissions, will comply with all applicable emission control regulations, regulations for the control of hazardous pollutants, and requirements of part 2 or 3 of this article.

(3)  The division shall also determine whether applications are for a new

source activity that may have an impact upon areas which, as of the projected new source start-up date, are in compliance with national ambient air quality standards as of the date of the permit application or for new source activity that may have an impact upon areas which, as of the projected new source start-up date, are not in compliance with national ambient air quality standards as of the date of the permit application. In implementing this subsection (3), the division may consider more stringent methods for new sources of oxides of nitrogen in disproportionately impacted communities in the area designated nonattainment for ozone by the United States environmental protection agency.

(4)  The division shall prepare its preliminary analysis regarding compliance,

as set forth in subsection (2) of this section, and regarding the impact on attainment or nonattainment areas, as set forth in subsection (3) of this section, as expeditiously as possible. For construction permits not subject to part 2 of this article, such preliminary analysis shall be completed no later than sixty calendar days after receipt of a completed permit application. Applicants must be advised within sixty calendar days after receipt of any application, or supplement thereto, if and in what respects the subject application is incomplete. Upon failure of the division to so notify the applicant within sixty calendar days of its filing, the application shall be deemed complete. Applications for construction permits subject to part 2 of this article shall be approved or disapproved within twelve months of receipt of a complete application. Applications for renewable operating permits shall be approved or disapproved within eighteen months after the receipt of the completed permit application; except that those applications submitted within the first year after the effective date of the operating permit program shall be subject to a phased schedule for acting on such permit applications established by the division. The phased schedule shall assure that at least one-third of such permits will be acted on by the division annually over a three-year period. The commission may establish a phased schedule for acting on applications for which a deferral has been granted pursuant to the federal act. A timely and complete permit application operates as a defense to enforcement action for operating without a permit for the period of time during which the division or the commission is reviewing the application and until such time as the division or the commission makes a final determination on the permit application; except that this defense to an enforcement action shall not be available to an applicant which files a fraudulent application.

(5)  For those types of projects or activities for which a construction permit

application has been filed, defined, or designated by the commission as warranting public comment with respect thereto, the division shall, within fifteen calendar days after it has prepared its preliminary analysis, give public notice of the proposed project or activity by at least one publication in a newspaper of general distribution in the area in which the proposed project or activity, or a part thereof, is to be located or by such other method that is reasonably designed to ensure effective general public notice. The division shall also during such period of time maintain in the office of the county clerk and recorder of the county in which the proposed project or activity, or a part thereof, is located a copy of its preliminary analysis and a copy of the application with all accompanying data for public inspection. The division shall receive and consider public comment thereon for a period of thirty calendar days thereafter.

(6) (a)  For any construction permit application subject to the requirements of

a new or modified major source in a nonattainment area, or for prevention of significant deterioration as provided in part 2 of this article, or for any application for a renewable operating permit, within fifteen calendar days after the issuance of its preliminary analysis, the division shall:

(I)  Forward to the applicant written notice of the applicant's right to a formal

hearing before the commission with respect to the application; and

(II)  Give public notice of the proposed source or modification and the

division's preliminary analysis thereof by at least one publication in a newspaper of general distribution in the area of the proposed source or modification, or by such other method that is reasonably designed to ensure effective general public notice. Such notice shall advise of the opportunity for a public hearing for interested persons to appear and submit written or oral comments to the commission on the air quality impacts of the source or modification, the alternatives to the source or modification, the control technology required, if applicable, and other appropriate considerations. Any such notice shall be printed prominently in at least ten-point bold-faced type. The division shall receive and consider any comments submitted.

(b)  If within thirty calendar days of publication of such public notice the

applicant or an interested person submits a written request for a public hearing to the division, the division shall transmit such request to the commission along with the application, the division's preliminary analysis, and any written comments received by the division, within five calendar days of the end of such thirty-day period. The commission shall, within sixty calendar days after receipt of the application, comments, and analysis, unless such greater time is agreed to by the applicant and the division, hold a public hearing to elicit and record the comment of any interested person regarding the sufficiency of the preliminary analysis and whether the permit application should be approved or denied. At least thirty calendar days prior to such public hearing, notice thereof shall be mailed by the commission to the applicant, printed in a newspaper of general distribution in the area of the proposed source or modification, and submitted for public review with the county clerk and recorder of the county wherein the project or activity is proposed.

(7) (a)  Within thirty calendar days following the completion of the division's

preliminary analysis for applications for construction permits not subject to part 2 of this article, or within thirty calendar days following the period for public comment provided for in subsection (5) of this section, or for applications for construction permits subject to part 2 of this article and for renewable operating permits, if a hearing is held, within the appropriate time period established pursuant to this article, the division or the commission, as the case may be, shall grant or deny the permit application. Any permit required pursuant to this article shall be granted by the division or the commission, as the case may be, if it finds that:

(I)  The source or activity will meet all applicable emission control regulations

and regulations for the control of hazardous air pollutants;

(II)  The source or activity will meet the requirements of part 2 or 3 of this

article, if applicable;

(III)  For construction permits, the source or activity will meet any applicable

ambient air quality standards and all applicable regulations;

(III.5)  For renewable operating permits, the source or activity will meet all

applicable regulations; and

(IV)  For renewable operating permits, the United States environmental

protection agency has not made a timely objection to issuance of such permit pursuant to the federal act.

(b)  Failure of the division or commission, as the case may be, to grant or deny

the permit application or permit renewal application within the time prescribed shall be treated as a final permit action for purposes of obtaining judicial review in the district court in which the source is located, to require that action be taken on such application by the commission or division, as appropriate, without additional delay. Notwithstanding any other provision to the contrary, judicial review of the division's failure to grant or deny a renewable operating permit required by Title V of the federal act is available until the division grants or denies the permit.

(c)  If an applicant has submitted a timely and complete application for a

renewable operating permit required by this article, including renewals, but final action has not been taken on such application, and, if required to have a construction permit, such construction permit is in place and valid, the source's failure to have a renewable operating permit shall not be a violation of this article, unless the delay in final action was due to the failure of the applicant to timely submit information required or requested by the division to process the application.

(8)  If the division denies a permit or imposes conditions upon the issuance of

a permit which are contested by the applicant or if the division revokes a permit pursuant to subsection (12) of this section, the applicant may request a hearing before the commission. The hearing shall be held in accordance with sections 25-7-119 and 24-4-105, C.R.S. The commission may, after review of the evidence presented at the hearing, affirm, reverse, or modify the decision of the division but shall, in any event, assure that all the requirements of subsections (6) and (7) of this section are met.

(9)  Renewable operating permits shall summarize existing operating

restrictions pursuant to section 25-7-114.4 (3).

(10)  A permit amendment will not be required to authorize a change in

practice which is otherwise permitted pursuant to this article, the state implementation plan, or the federal act merely because an existing permit does not address the practice. Changes in industrial practices and procedures that are not inconsistent with the terms of a renewable operating permit can be made without seeking any change to the terms of said permit.

(11)  An order of the division or commission shall be final upon issuance. Any

participant in the public comment process and any other person who could obtain judicial review under applicable law shall have standing for purposes of seeking review of any final order of the commission or division regarding applications, renewals, or revisions of any permits. The public participation requirements of subsections (5) and (6) of this section shall apply to all renewable operating permit applications, revisions, and renewals.

(12) (a)  A permitted entity shall notify the division within fifteen days after

the commencement of any activity for which a construction permit has been issued. Within one hundred eighty days after commencement of operation for which a construction permit has been issued, the source shall demonstrate to the division compliance with the terms and conditions of the construction permit or the division may, pursuant to rules that are adopted by the commission based upon the results of the study conducted under section 25-7-114.7 (2)(a)(V), inspect the project or activity to determine whether or not the terms and conditions of the construction permit have been properly satisfied. At the end of one hundred eighty days after the commencement of operation, the division must:

(I)  Revoke the construction permit; or


(II)  Continue the construction permit, if applicable; or


(III)  Notify the owner or operator that the source has demonstrated

compliance with the construction permit.

(b)  For those sources subject to the renewable operating permit program, a

renewable operating permit will be issued within the appropriate time periods if all requirements for a renewable operating permit are met by the source. The construction permit requirements shall remain in effect until the renewable operating permit is issued.

(12.5) (a) (I)  Except for sources involved in agricultural, horticultural, or

floricultural production such as farming, seasonal crop drying, animal feeding, or pesticide application, upon determination by the division that the criteria set forth in subsection (12.5)(b) of this section applies to a source that is not required to obtain a renewable operating permit, the division may reopen such construction permit for the purpose of imposing any or all of the following additional terms and conditions:

(A)  Enhanced record-keeping requirements;


(B)  Enhanced emissions and ambient monitoring requirements;


(C)  Operating and maintenance requirements;


(D)  Emission control requirements pursuant to section 25-7-109.3; and


(E)  Additional monitoring requirements for sources affecting

disproportionately impacted communities.

(II)  Any such condition which is contested by the permittee may be reviewed

by the commission in accordance with the provisions of subsection (7) of this section.

(b)  With the exception of those sources involved in agricultural, horticultural,

or floricultural production such as farming, seasonal crop drying, animal feeding, and pesticide application, a source's construction permit may be reopened for cause for the purposes of subsection (12.5)(a) of this section only upon a determination by the division that the location of the source is significant in terms of its proximity to residential or business areas or a disproportionately impacted community, and one or more of the following criteria apply to the permitted source:

(I)  The control equipment utilized by the source requires an unusually high

degree of maintenance or operational sensitivity when compared to control equipment in general;

(II)  The design characteristics of the source require an unusually high degree

of maintenance or operational sensitivity when compared to the design characteristics of all sources in general;

(III)  The application of the control equipment utilized is unique or untested;


(IV)  The operational variability of the source may impact the effectiveness of

the controls;

(V)  The emissions from the source will threaten public health, as determined

pursuant to section 25-7-109.3; or

(VI)  The emissions from the source will affect a disproportionately impacted

community.

(c)  Nothing in paragraph (a) or (b) of this subsection (12.5), as amended by

House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(13)  The commission shall, wherever practicable, promulgate regulations for

renewable operating permit application requirements that combine requirements for construction permits with renewable operating permits to avoid duplicative efforts by the source and the division.

(14)  (Deleted by amendment, L. 2010, (HB 10-1042), ch. 209, p. 909, � 3,

effective September 1, 2010.)

(15)  Repealed.


(16) (a)  If the division experiences a backlog in processing air quality permit

applications and the department determines or reasonably expects that, as a result, permits would not be issued within statutory time frames, the division shall make available to sources that are not subject to permitting under part C of the federal act the option to have the permit application or the air quality modeling, or both, that is submitted with the applicant's air permit application reviewed for acceptance as demonstrating compliance by a contract consultant selected by the division in lieu of the review being conducted by division staff. The division may also enter into contracts to support the division's air quality permit programs, including the division's general permit program, and modeling to support the air quality permit programs.

(b)  The division shall select and contract with qualified nongovernmental air

quality consultants, modeling experts, or both to perform permit application reviews, air quality modeling reviews, or other work to support the division's air quality permit programs. The division is not subject to the requirements of the Procurement Code, articles 101 to 112 of title 24, in selecting and contracting with the consultants, modeling experts, or both. The division shall review and exclude from consideration as a contract air quality consultant any contractors with a conflict of interest regarding air quality permit applications or modeling. Applicants that choose consultant review of their air quality permit applications or modeling are responsible for both the consultant's costs associated with the review as well as the division's costs associated with the review and determination of the air permit application, to be paid to the division. The division shall transfer the money to the state treasurer, who shall credit it to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).

(c)  The division shall use the results of the modeling conducted pursuant to

subsection (16)(a) or (16)(b) of this section for purposes of the division's permit program and application analysis.

Source: L. 92: Entire section added, p. 1207, � 18, effective July 1. L. 93: (7)(a)

amended, p. 1923, � 4, effective July 1. L. 96: IP(12)(a) amended, p. 845, � 2, effective July 1; (15) repealed, p. 1258, � 154, effective August 7. L. 2005: IP(12.5)(a)(I) and IP(12.5)(b) amended and (12.5)(c) added, p. 349, � 5, effective August 8. L. 2010: (12)(a) and (14) amended, (HB 10-1042), ch. 209, p. 909, � 3, effective September 1. L. 2011: (16) added, (SB 11-235), ch. 307, p. 1507, � 1, effective June 9. L. 2021: IP(12.5)(a)(I), (12.5)(a)(I)(C), (12.5)(a)(I)(D), and (12.5)(b) amended and (12.5)(a)(I)(E) added, (HB 21-1266), ch. 411, p. 2733, � 9, effective July 2. L. 2022: (7)(b) and (16) amended, (SB 22-193), ch. 300, p. 2157, � 7, effective June 2. L. 2024: (3) amended, (SB 24-229), ch. 183, p. 992, � 7, effective May 16.

Cross references: (1)  For the legislative declaration contained in the 1996

act repealing subsection (15), see section 1 of chapter 237, Session Laws of Colorado 1996.

(2)  For the short title (Environmental Justice Act) and the legislative

declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

(3)  For the legislative declaration in SB 24-229, see section 1 of chapter 183,

Session Laws of Colorado 2024.

C.R.S. § 25-7-122

25-7-122. Civil penalties - rules. (1) Upon application of the division, the division may collect penalties as determined under this article 7 by instituting an action in the district court for the district in which the air pollution source affected is located, in accordance with the following provisions:

(a)  (Deleted by amendment, L. 92, p. 1220, � 23, effective July 1, 1992.)


(b)  Any person who violates any requirement or prohibition of a final order of

the division or commission, an applicable emission control regulation of the commission, the state implementation plan, a construction permit, any provision for the prevention of significant deterioration under part 2 of this article 7, any provision related to attainment under part 3 of this article 7, or any provision of or commission rule adopted pursuant to section 25-7-105, 25-7-106, 25-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-111, 25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141, 25-7-146, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each day of the violation; except that:

(I)  On or before December 31, 2021, the commission shall, by rule, annually

adjust the amount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index; and

(II)  Civil penalties shall not be assessed or collected against persons who

violate emission regulations promulgated by the commission for the control of odor until a compliance order issued pursuant to section 25-7-115 and ordering compliance with the odor regulation has been violated.

(c)  Any person failing to comply with the provisions of section 25-7-114.1

shall be subject to a civil penalty of not more than one thousand dollars per day per violation.

(d)  Any person who violates any requirement, prohibition, or order respecting

an operating permit issued pursuant to section 25-7-114.3, including failure to obtain such a permit, to operate in compliance with any term or condition of the permit, or to pay the permit fee required under section 25-7-114.7 (2), or who commits a violation of section 25-7-109.6 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each violation; except that, on or before December 31, 2021, the commission shall, by rule, annually adjust the amount of the maximum civil penalty based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.

(e)  Any person who violates any provision of section 25-7-139 shall be

subject to a civil penalty of not more than one thousand dollars.

(f)  Any person who owns or operates storage tanks at a gasoline dispensing

facility, as defined by regulations promulgated by the air quality control commission, who violates any requirement to maintain a vapor collection system pursuant to air quality control regulations shall be subject to a civil penalty of not more than fifteen thousand dollars per day for each day of such a violation.

(g)  Any person who owns or operates a gasoline dispensing facility, as

defined by regulations promulgated by the air quality control commission, who violates any requirement to maintain records required pursuant to air quality control commission regulations and the air pollution control division shall be subject to a civil penalty of not more than five thousand dollars. For a second violation, the civil penalty shall be not more than ten thousand dollars. For a third or subsequent violation, the civil penalty shall be not more than fifteen thousand dollars.

(h)  The division, in consultation with stakeholders from gasoline dispensing

facilities and gasoline transport truck companies, as defined by regulations promulgated by the air quality control commission, shall develop design, operation, and maintenance guidelines by June 30, 2021. The guidelines will assist owners and operators of gasoline dispensing facilities and gasoline transport trucks in complying with the requirements of air quality control commission regulations.

(i) (I)  Except as provided in subsection (1)(i)(II) of this section, an owner of a

covered building that violates:

(A)  Section 25-7-142 (3) or (6) is subject to a civil penalty of up to five

hundred seventy-seven dollars for a first violation and up to two thousand three hundred dollars for each subsequent violation, which amounts the commission shall, by rule, annually adjust based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers;

(B)  On and after January 1, 2030, performance standards adopted by the

commission pursuant to section 25-7-142 or that violates the requirements of section 25-7-142 (8.6) is, for a first violation, subject to a civil penalty in an amount not to exceed two thousand three hundred dollars for every thirty days that the owner is in violation and, for each subsequent violation, subject to a penalty in an amount not to exceed five thousand eight hundred dollars for every thirty days that the owner is in violation, which amounts the commission, beginning in 2026, shall, by rule, annually adjust in accordance with subsection (1)(i)(I)(A) of this section.

(II)  The division shall not assess a civil penalty for a violation related to a

public building.

(II.5)  Notwithstanding rules that the commission adopted before July 1, 2025,

a civil penalty for a violation of section 25-7-142 or rules adopted by the commission to implement section 25-7-142 shall be determined in a manner consistent with this subsection (1)(i) and subsection (2) of this section.

(III)  Notwithstanding section 25-7-129, civil penalties collected pursuant to

this subsection (1)(i), as paid by owners of covered buildings for a violation of section 25-7-142 or rules adopted by the commission to implement section 25-7-142, shall be credited to the climate change mitigation and adaptation fund created in section 24-38.5-102.6.

(j) (I)  A person who violates section 25-7-144 is subject to a civil penalty in

the following amount:

(A)  For each motor vehicle for which the violation was committed, a person

who owns or operates ten or more motor vehicles as part of the person's business or commercial activities is subject to a penalty of up to one thousand dollars for a first violation, up to seven thousand five hundred dollars for a second violation, and up to fifteen thousand dollars for a third or subsequent violation; or

(B)  For each motor vehicle for which the violation was committed, a person

who owns or operates nine or fewer motor vehicles is subject to a penalty of up to two hundred dollars for the first violation, up to five hundred dollars for the second violation, and up to one thousand two hundred dollars for a third or subsequent violation.

(II)  Notwithstanding subsection (1)(j)(I)(B) of this section, a person who

violates section 25-7-144 by tampering with, or assisting another person in tampering with, an emission control system for profit is subject to a penalty under subsection (1)(j)(I)(A) of this section regardless of the number of motor vehicles owned or operated.

(III)  Notwithstanding section 25-7-129, the division shall transmit civil

penalties collected pursuant to this subsection (1)(j) to the state treasurer, who shall credit the money:

(A)  On or before June 30, 2025, to the catalytic converter identification and

theft prevention grant program cash fund created in section 24-33.5-230 (5.5). The Colorado state patrol shall use the money credited to the fund to implement the catalytic converter identification and theft prevention grant program created in section 24-33.5-230 (1).

(B)  On or after July 1, 2025, to the AIR account in the highway users tax fund,

which account is created in section 42-3-304 (18)(a).

(2) (a)  In determining the amount of any civil penalty, the division shall

consider the following factors:

(I)  The violator's compliance history, including the compliance history of the

violator's corporate affiliates, subsidiaries, and parent organizations;

(II)  Lack of good faith efforts on behalf of the violator to comply;


(III)  Whether the violator previously committed the same or a similar

violation, regardless of whether the division or commission commenced an enforcement action pursuant to section 25-7-115 for any such violation;

(IV)  Duration of the violation;


(V)  Economic benefit of noncompliance to the violator;


(VI)  Impact on, or threat to, the public health or welfare or the environment

as a result of the violation;

(VII)  Malfeasance;


(VIII)  Whether legal and factual theories were advanced for purposes of

delay;

(IX)  The severity of the violation or noncompliance; and


(X)  Whether the violation occurred within or impacted a disproportionately

impacted community.

(b)  In addition to the factors set forth in subsection (2)(a) of this section, the

division shall consider the following circumstances as grounds for reducing or eliminating civil penalties:

(I)  The voluntary and complete disclosure by the violator of such violation in

a timely fashion after discovery of the noncompliance;

(II)  Full and prompt cooperation by the violator following disclosure of the

violation including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts;

(III)  The existence and scope of a regularized and comprehensive

environmental compliance program or an environmental audit program;

(IV)  Substantial economic impact of a penalty on the violator; and


(V)  Repealed.


(VI)  Other mitigating factors.


(c)  The imposition of civil penalties may be deferred or suspended where

appropriate based on consideration of the factors set forth in this subsection (2).

(3)  Repealed.


Source: L. 79: Entire article R&RE, p. 1044, � 1, effective June 20. L. 84: (1)(a)

and (1)(b) amended, p. 775, � 13, effective July 1. L. 92: Entire section amended, p. 1220, � 23, effective July 1. L. 94: (1)(b) amended, p. 1640, � 61, effective May 31; (1)(b) amended, p. 2561, � 67, effective January 1, 1995. L. 2000: (1)(e) added, p. 763, � 2, effective September 1. L. 2003: (1)(b) amended, p. 724, � 4, effective July 1; (1)(b) amended, p. 1026, � 7, effective August 6. L. 2020: IP(1) amended and (1)(f), (1)(g), and (1)(h) added, (SB 20-218), ch. 141, p. 617, � 4, effective June 29; IP(1), (1)(b), and (1)(d) amended, (HB 20-1143), ch. 219, p. 1081, � 1, effective July 2; IP(1) and (1)(b) amended, (HB 20-1167), ch. 56, p. 193, � 6, effective September 14. L. 2021: (1)(i) added, (HB 21-1286), ch. 326, p. 2085, � 4, effective September 7. L. 2022: (1)(j) added, (SB 22-179), ch. 485, p. 3522, � 3, August 10. L. 2023: IP(2)(a), (2)(a)(VII), and (2)(a)(VIII) amended and (2)(a)(IX) added, (HB 23-1294), ch. 401, p. 2407, � 4, effective June 6. L. 2024: IP(1)(b), (1)(c), (2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a)(VIII), (2)(a)(IX), IP(2)(b), and (2)(b)(IV) amended, (2)(a)(X) added, and (2)(b)(V) and (3) repealed, (SB 24-229), ch. 183, p. 990, � 6, effective May 16. L. 2025: (1)(i) amended, (HB 25-1269), ch. 216, p. 991, � 5, effective May 20.

Editor's note: (1)  Amendments to subsection (1)(b) by Senate Bill 94-001 and

Senate Bill 94-206 were harmonized.

(2)  Amendments to subsection (1)(b) by Senate Bill 03-066 and House Bill

03-1053 were harmonized.

(3) (a)  Amendments to subsection IP(1) by SB 20-218, HB 20-1143, and HB

20-1167 were harmonized.

(b)  Amendments to subsection (1)(b) by HB 20-1143 and HB 20-1167 were

harmonized.

(4)  Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025,

provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

Cross references: For the legislative declaration in HB 23-1294, see section 1

of chapter 401, Session Laws of Colorado 2023. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.

C.R.S. § 25-7-146

25-7-146. Petroleum refinery pollution - assessment - monitoring data - rules - definitions. (1) (a) On or before January 1, 2025, the division shall hire an expert regarding air pollution control regulations for petroleum refineries. The petroleum refinery regulation expert shall:

(I)  Assess the feasibility, costs, and benefits for the division to propose to the

commission a rule establishing a petroleum refinery control regulation; and

(II)  Assess other regulatory and nonregulatory measures.


(b)  As part of the assessments required pursuant to subsection (1)(a) of this

section, the petroleum refinery regulation expert shall:

(I)  Evaluate the impact that petroleum refineries have on air quality in the

state, including an evaluation of criteria air pollutants listed pursuant to the federal act and hazardous air pollutants;

(II)  Investigate the regulatory framework governing petroleum refineries in

other states and at the federal level;

(III)  Identify best practices and technologies for minimizing emissions from

petroleum refineries; and

(IV)  Determine actions needed to reduce emissions, including the potential

for developing a specific petroleum refinery rule. If the division deems it appropriate, the division shall propose a rule specifically based on the expert's assessment on or before July 1, 2026.

(c)  Notwithstanding the timeline set forth in subsection (1)(b)(IV) of this

section and notwithstanding any existing authority that the commission has under the law, the commission may adopt, and the division may propose, a rule establishing a petroleum refinery control regulation at any time.

(2) (a)  On and after January 1, 2025, a petroleum refinery in the state shall

disseminate to the division, in real time through an application programming interface, push data gathered through:

(I)  Continuous emission monitoring systems and continuous monitoring

systems required under state or federal law;

(II)  Fenceline monitoring systems as required under section 25-7-141 (5);


(III)  Community-based monitoring required under section 25-7-141 (6); and


(IV)  Compliance with a state-issued compliance order.


(b)  The data disseminated to the division pursuant to subsection (2)(a) of this

section must be provided through the push in a one-minute averaged resolution.

(c)  The division shall determine the format by which a petroleum refinery

must transmit the data to the division.

(3) (a)  On or before December 31, 2024, a petroleum refinery shall install and

operate at least six community-based monitoring systems to monitor, at a minimum, for:

(I)  Benzene;


(II)  Toluene;


(III)  Ethylbenzene;


(IV)  Xylene;


(V)  Carbon monoxide;


(VI)  Nitrogen dioxide;


(VII)  PM2.5;


(VIII)  Hydrogen sulfide;


(IX)  Sulfur dioxide;


(X)  Total volatile organic compounds;


(XI)  Temperature;


(XII)  Relative humidity;


(XIII)  Wind speed; and


(XIV)  Wind direction.


(b)  The community-based monitoring systems installed and operated

pursuant to this subsection (3) must be installed, certified, and operated in accordance with a plan developed by the division.

(4)  As used in this section, unless the context otherwise requires:


(a)  Application programming interface means a set of rules, protocols, and

tools that:

(I)  Enable the interaction and communication between software applications;


(II)  Serve as an intermediary that facilitates the exchange of data, requests,

and commands between distinct software systems, allowing the distinct software systems to work together seamlessly; and

(III)  Enable the development of interconnected and interoperable

applications.

(b)  Community-based monitoring has the meaning set forth in section 25-7-141 (2)(a).


(c)  Continuous emissions monitoring system means the equipment:


(I)  Required to meet the data acquisition and availability requirements set

forth in a construction permit or a renewable operating permit or as set forth in federal law; and

(II)  That is used to sample; condition, if applicable; analyze; and provide a

record of emissions on a continuous basis.

(d)  Continuous monitoring system means a set of instruments and

equipment that is designed to continuously measure and record various parameters that may affect emissions of air pollutants in real time and is required under a construction permit, a renewable operating permit, or federal law.

(e)  Fenceline monitoring has the meaning set forth in section 25-7-141

(2)(e).

(f)  Petroleum refinery means a stationary source covered by the North

American industry classification system code 324110, as established by the federal office of management and budget.

(g)  PM2.5 means particulate matter with a diameter of less than two and

one-half micrometers.

(h)  Push means, in the context of an application programming interface, a

mechanism by which a server or data source proactively sends information or updates to the division without the division explicitly requesting the information.

(i)  Real time means the instantaneous or near-instantaneous provision of

data, without a delay of more than fifteen minutes, to ensure that data is conveyed promptly and without undue latency.

Source: L. 2024: Entire section added, (HB 24-1338), ch. 259, p. 1716, � 4,

effective May 28.

C.R.S. § 25-7-408

25-7-408. Required compliance in building codes.

(1) (a)  Repealed.


(b)  On and after January 1, 1993, every board of county commissioners of a

county in the AIR program area which has enacted a building code, and thereafter every board of county commissioners of a county in the AIR program area which enacts a building code, shall, pursuant to section 30-28-201 (2), C.R.S., adopt a building code provision requiring any person who installs or constructs any fireplace to comply with section 25-7-407 (8).

(2) (a)  Repealed.


(b)  On and after January 1, 1993, every governing body of a municipality in

the AIR program area which has enacted a building code, and thereafter every governing body of a municipality in the AIR program area which enacts a building code, shall, pursuant to section 31-15-601 (2), C.R.S., adopt a building code provision requiring any person who installs or constructs any fireplace to comply with section 25-7-407 (8).

(3)  Nothing in this article 7 prevents a board of county commissioners or a

governing body of a municipality from enacting a building code that requires more stringent standards for wood stoves and for fireplaces, if such standards are necessary and reflect technology suitable for commercial application within the meaning of section 25-7-407 (1), as that section existed prior to its repeal in 1993.

Source: L. 84: Entire part added, p. 781, � 1, effective April 12. L. 87: Entire

section amended, p. 1143, � 6, effective June 16. L. 92: (1) and (2) amended, p. 1282, � 3, effective May 27; (1) and (2) amended, p. 1324, � 4, effective May 27. L. 2020: (3) amended, (SB 20-136), ch. 70, p. 295, � 43, effective September 14.

Editor's note: (1)  Amendments to subsections (1) and (2) by Senate Bill 92-137 and House Bill 92-1321 were harmonized.


(2)  Subsections (1)(a)(II) and (2)(a)(II) provided for the repeal of subsections

(1)(a) and (2)(a), respectively, effective January 1, 1993. (See L. 92, pp. 1282, 1324.)

Cross references: For the legislative declaration in SB 20-136, see section 1

of chapter 70, Session Laws of Colorado 2020.

C.R.S. § 25-7-503

25-7-503. Powers and duties of commission - rules - delegation of authority to division. (1) The commission has the following powers and duties:

(a)  To promulgate rules pursuant to section 24-4-103 regarding the

following, as are necessary to implement the provisions of this part 5:

(I)  Performance standards and practices for asbestos abatement;


(II) (A)  Determination of a maximum allowable asbestos level, which shall be

the highest level of airborne asbestos under normal conditions that allows for protection of the general public; except that, until the commission adopts by rule a level, the maximum allowable asbestos level for the protection of the general public shall be 0.01 fibers per cubic centimeter of air, measured during normal occupancy and calculated as an eight-hour time-weighted average, in accord with 29 CFR 1910.1000 (d)(1)(i).

(B)  If airborne asbestos fiber levels exceed such a level, a second test of

samples may be collected during normal occupancy, analyzed by transmission electron microscopy (TEM) analysis, and calculated as an eight-hour time-weighted average in accord with 29 CFR 1910.1000 (d)(1)(i), before any order of abatement is issued.

(C)  Notwithstanding the provisions of sub-subparagraph (A) of this

subparagraph (II), if the asbestos level in the outside ambient air which is adjacent to an asbestos project site or area of public access exceeds 0.01 fibers per cubic centimeter of air, the existing asbestos level in such air shall be the maximum allowable asbestos level.

(III)  Exemptions in emergency situations from the requirements of section

25-7-505 regarding the certificate to perform asbestos abatement;

(IV)  Requirements for air pollution permits. Permits shall be required for

asbestos abatement projects in any building, facility, or property, or any portion thereof, having public access; except that the requirements of this subsection (1)(a)(IV) shall not apply to asbestos abatement projects performed by an individual on a single-family residential dwelling that is the individual's primary residence.

(V)  Fees for air pollution permits, site inspections, and any necessary

monitoring for compliance with this part 5;

(VI)  Fees for certification as: A trained supervisor, worker, project designer,

inspector, management planner, and air monitoring specialist; and a general abatement contractor;

(VII) and (VIII)  Repealed.


(IX)  Assessment procedures that determine the need for response actions

for friable asbestos-containing materials. Such procedures shall include, but not be limited to, an initial inspection to determine if asbestos-containing materials are present, visual inspection, and air monitoring that shows an airborne concentration of asbestos during normal occupancy conditions in excess of the maximum allowable level established by the commission in state-owned or state-leased buildings. Nothing in this subsection (1)(a)(IX) shall be construed to require that such assessments be made in state-owned or state-leased buildings; however, such procedures shall be followed in the event any such assessment is made.

(X)  Requirements for asbestos management plans to be submitted and

implemented by schools;

(XI)  Fees to be collected from schools for review and evaluation of asbestos

management plans;

(b)  To promulgate rules pursuant to section 24-4-103, C.R.S., regarding the

following, as are necessary to implement the provisions of this part 5, as required by the federal Clean Air Act, 42 U.S.C. sec. 7412 et seq., as amended:

(I)  Determination of the minimum scope of asbestos abatement to which the

provisions of this part 5 shall apply, but not less than:

(A)  With regard to asbestos abatement projects on a single-family

residential dwelling, fifty linear feet on pipes or thirty-two square feet on other materials or the equivalent of a fifty-five-gallon drum;

(B)  With regard to asbestos abatement projects not subject to sub-subparagraph (A) of this subparagraph (I), two hundred sixty linear feet on pipes or

one hundred sixty square feet on other materials or the equivalent of a fifty-five-gallon drum;

(II)  Requirements of notification, as consistent with the federal act, to

demolish, renovate, or perform asbestos abatement in any building, facility, or property, or any portion thereof, that contains asbestos, except within such minimum scope of asbestos abatement or when otherwise exempt;

(III) (A)  Procedures for the inspection and monitoring of sites where

demolition, renovation, or the performance of asbestos abatement is taking place, including rules assuring that aggressive air monitoring shall be utilized only in the context of conducting final clearance of an abatement project as outlined in the federal Asbestos Hazardous Emergency Response Act of 1986, 42 U.S.C. sec. 2641 et seq., and pursuant to the regulations found at 40 CFR 763. Specifications as listed in measuring airborne asbestos following an abatement action, published by the environmental protection agency in 1985, shall be adopted by the commission as criteria for aggressive sampling.

(B)  The division shall provide information to local governments to be used in

connection with the issuance of a building permit regarding the need for an inspection for the presence of asbestos-containing materials prior to renovation or demolition of any building, facility, or property that may contain asbestos.

(IV) (A)  Fees for notifications to demolish, renovate, or perform asbestos

abatement and for any associated site inspections or necessary monitoring for compliance with this part 5.

(B)  Fees pursuant to this subparagraph (IV) shall be paid on an annual basis

for large contiguous facility complexes and on an individual notification basis for small noncontiguous facilities.

(V)  Requirements to prevent any real or potential conflict of interest

between the identification of asbestos-containing materials and the abatement of such materials, including requirements that project managers be used on projects of a certain size, that project managers be independent of the abatement contractor and work strictly on behalf of the building owner to the extent feasible, and that building owners may seek waivers from the project manager requirements.

(c)  To approve the examination administered to applicants for certification

as a trained supervisor pursuant to section 25-7-506;

(d)  To authorize the division to:


(I)  Establish procedures regarding applications, examinations, and

certifications required under this part 5;

(II)  Enforce compliance with the provisions of this part 5, the rules and

regulations promulgated thereunder, and any order issued pursuant thereto.

(e)  To promulgate rules setting minimum standards for sampling the

asbestos in the air and standards for persons engaging in such sampling and to seek injunctive relief under section 25-7-511.5, including relief against any asbestos air sampler who acts beyond his or her level of competency. In promulgating rules setting such standards, the commission shall not use the term air sampling professional in such standards.

(f) (I)  To adopt rules pursuant to section 24-4-103, C.R.S., setting out

required training for persons applying for certification, recertification, or renewal of certificates as required by regulations promulgated by the federal environmental protection agency or the occupational safety and health administration.

(II)  Training required pursuant to this paragraph (f) shall not be unduly

duplicative or excessive.

(III)  Refresher courses shall be required annually.


(2)  Repealed.


Source: L. 87: Entire part R&RE, p. 1147, � 1, effective July 1. L. 88: (1)(a)(II)

and (1)(b)(III) amended, (1)(a)(IX) R&RE, and (2) added, p. 1017, �� 4, 3, effective June 11. L. 90: (1)(e) added, p. 1320, � 2, effective May 24. L. 92: (1)(b)(I) amended, p. 1231, � 35, effective July 1. L. 95: (1)(b) amended and (1)(f) added, p. 20, � 2, effective July 1. L. 2001: (1)(a)(IV), (1)(b)(I), and (1)(b)(III) amended, p. 772, � 5, effective June 1. L. 2006: IP(1)(a), (1)(a)(II)(A), (1)(a)(II)(B), IP(1)(b), (1)(b)(V), and (1)(e) amended, p. 123, � 6, effective March 27. L. 2020: (1)(a)(I) amended, (HB 20-1402), ch. 216, p. 1055, � 58, effective June 30. L. 2022: IP(1)(a), (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX), (1)(b)(II), and (1)(b)(III)(B) amended and (1)(a)(VII), (1)(a)(VIII), and (2) repealed, (HB 22-1232), ch. 362, p. 2593, � 5, effective August 10.

Editor's note: This section is similar to former � 25-7-504 as it existed prior

to 1987.

C.R.S. § 25-7-509.5

25-7-509.5. Building permits. (1) Except as otherwise provided in subsection (2) of this section, a local government entity with authority to issue building permits shall require a property owner applying for either a permit to renovate property or a permit to demolish property to disclose, on the permit application form, whether the property owner knows if the property has been inspected for asbestos.

(2) (a)  A local government entity with authority to issue building permits

need not update its application forms to include the disclosure required by subsection (1) of this section until the entity otherwise creates and disseminates updated application forms pursuant to its standard practice. The local government entity need not require a property owner applying for a permit to renovate or demolish property to make the disclosure required by subsection (1) of this section until it has updated its application forms.

(b)  When updating the application form for a permit to renovate property or a

permit to demolish property, the local government entity shall include on the application form substantially the following information:

  AN ASBESTOS INSPECTION WAS CONDUCTED ON THE BUILDING

MATERIALS THAT WILL BE DISTURBED BY THIS PROJECT ON OR ABOUT:

    (DATE)


  IT WAS DETERMINED THAT AN ASBESTOS INSPECTION IS NOT

REQUIRED UNDER STATE LAW.

IF YOU HAVE QUESTIONS REGARDING WHETHER AN ASBESTOS INSPECTION IS REQUIRED UNDER STATE LAW FOR YOUR PERMITTED PROJECT, PLEASE CONTACT THE INDOOR ENVIRONMENT PROGRAM WITHIN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR ADDITIONAL DETAILS BEFORE BEGINNING ANY DEMOLITION OR RENOVATION.

Source: L. 2013: Entire section added, (SB 13-152), ch. 85, p. 272, � 3,

effective March 29. L. 2022: (2)(b) amended, (HB 22-1232), ch. 362, p. 2595, � 9, effective August 10.

C.R.S. § 25-8-205.4

25-8-205.4. Statewide authorization of graywater use - local government notice required to opt out. [Editor's note: This section is effective January 1, 2026.]

(1) Except as provided in subsection (2) of this section, a person may install graywater treatment works and use graywater in accordance with section 25-8-205 (1)(g) and rules adopted pursuant to section 25-8-205 (1)(g).

(2) (a)  A board of county commissioners or governing body of a municipality

may adopt a resolution or an ordinance pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m):

(I)  Prohibiting the installation of graywater treatment works and the use of

all graywater in the county or municipality; or

(II)  Prohibiting one or more categories of graywater use that the commission

establishes in rules adopted pursuant to section 25-8-205 (1)(g).

(b)  A board of county commissioners or governing body of a municipality that

adopts a resolution or an ordinance pursuant to subsection (2)(a) of this section shall notify the division that the board of county commissioners or governing body of a municipality prohibits the use of all graywater or prohibits certain categories of graywater use in the county or municipality.

(c)  A board of county commissioners or governing body of a municipality that

has not prohibited the installation of graywater treatment works pursuant to subsection (2)(a)(I) of this section, prior to installation of any graywater treatment works, continues to be responsible for adopting building codes that prevent graywater from entering a potable water system and for reporting to the local water utility the planned installation of graywater systems that require backflow prevention cross-connection control devices under the commission's rules for the purpose of surveying and tracking such devices. For each location within a local government's jurisdiction at which graywater treatment works have been installed, the building department of the local government shall provide the address of the location to each water utility serving that location.

(3)  A board of county commissioners or governing body of a municipality that

sends a notice pursuant to subsection (2)(b) of this section may subsequently adopt a resolution pursuant to section 30-11-107 (1)(kk) or an ordinance pursuant to section 31-15-601 (1)(m) to authorize the installation of graywater treatment works and the use of graywater or to authorize categories of graywater use previously prohibited. A board or governing body that subsequently authorizes the use of graywater pursuant to this subsection (3) shall promptly notify the division of the subsequent authorization.

(4)  Unless a board of county commissioners or governing body of a

municipality adopts a resolution or an ordinance to the contrary, a person may install indoor graywater treatment works pursuant to subsection (1) of this section only in new construction projects.

(5)  Nothing in this section requires the public disclosure of confidential

information related to water rights, water supply, or water facilities.

Source: L. 2024: Entire section added, (HB 24-1362), ch. 277, p. 1839, � 1,

effective January 1, 2026.

C.R.S. § 25-8-501

25-8-501. Permits required for discharge of pollutants - administration. (1) No person shall discharge any pollutant into any state water from a point source without first having obtained a permit from the division for such discharge, and no person shall discharge into a ditch or man-made conveyance for the purpose of evading the requirement to obtain a permit under this article. No person covered by this article shall use or dispose of biosolids, except as authorized by regulations that shall not be more restrictive than the requirements adopted for solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, C.R.S., except as necessary to be consistent with section 405 of the federal act. Existing authorization for the use or disposal of biosolids shall continue until permits are issued in accordance with this part 5. Each application for a permit duly filed under the federal act shall be deemed to be a permit application filed under this article, and each permit issued pursuant to the federal act shall be deemed to be a temporary permit issued under this article which shall expire upon expiration of the federal permit.

(2) (a)  The division shall examine applications for and may issue, suspend,

revoke, modify, deny, and otherwise administer permits for the discharge of pollutants into state waters and for the use and disposal of biosolids. The administration shall be in accordance with this article 8 and rules adopted by the commission. Until modified pursuant to this article 8, final permits shall be governed by their existing limitations.

(b)  Upon receipt of an application to modify a permit, the division shall limit

its review and, as appropriate, its approval or denial of the application, to the scope of the specific requests contained in the application.

(3)  The commission shall promulgate such regulations as may be necessary

and proper for the orderly and effective administration of permits for the discharge of pollutants, which regulations shall include, but not be limited to, procedures for the issuance of a variance pursuant to section 25-8-503 (4), and shall also require that, in appropriate circumstances, the effluent limitations contained in a permit shall be adjusted to account for the pollutants contained in the discharger's intake water. Such regulations shall be consistent with the provisions of this article and with federal requirements and shall be in furtherance of the policy contained in section 25-8-102. Such regulations shall establish a permit process that allows permit conditions to remain in effect as long as circumstances dictate those conditions. In order to comply with federal requirements, but not to lessen compliance with federal standards, such permit process may require periodic renewal of permits even where minimal or no changes in the permit conditions are necessary. Renewal shall be required where more than minimal changes in permit conditions are necessary. The regulations may pertain to and implement, among other matters, permit and permit application contents, procedures, requirements, and restrictions with respect to the following:

(a)  Identification and address of the owner and operator of the activity,

facility, or process from which the discharge is to be permitted;

(b)  Location and quantity and quality characteristics of the permitted

discharge;

(c)  Effluent limitations and conditions for treatment prior to discharge to a

publicly owned treatment works;

(d)  Monitoring as well as record-keeping and reporting requirements

consistent with standard procedures and methods established by the division;

(e)  Schedules of compliance;


(f)  Procedures to be followed by division personnel for entering and

inspecting premises;

(g)  Submission of pertinent plans and specifications for the facility, process,

or activity which is the source of a waste discharge;

(h)  Restrictions on transfers of the permit;


(i)  Procedures to be followed in the event of expansion or modification of the

process, facility, or activity from which the discharge occurs or the quality, quantity, or frequency of the discharge;

(j)  Duration of the permit and renewal procedures using a risk-based

approach that limits the amount of work required to renew permits that have minimal or no changes in the permit conditions to streamline the renewal process;

(k)  Authority of the division to require changes in plans and specifications for

control facilities as a condition for the issuance of a permit;

(l)  Identification of control regulations over which the permit takes

precedence and identification of control regulations over which a permit may never take precedence;

(m)  Notice requirements of any intent to construct, install, or alter any

process, facility, or activity that is likely to result in a new or altered discharge;

(n)  Effectiveness under this article of permit applications submitted to and

permits issued by the federal government under the federal act.

(4)  Nothing in any permit shall ever be construed to prevent or limit the

application of any emergency power of the division.

(5)  Every permit issued for a domestic wastewater treatment works shall

contain such terms and conditions as the division determines to be necessary or desirable to assure continuing compliance with applicable control regulations. Such terms and conditions may require that whenever deemed necessary by the division to assure such compliance the permittee shall:

(a)  Require pretreatment of effluent from industrial, governmental, or

commercial facilities, processes, and activities before such effluent is received into the gathering and collection system of the permittee;

(b)  Prohibit any connection to any municipal permittee's interceptors and

collection system that would result in receipt by such municipal permittee of any effluent other than sewage required by law to be received by such permittee;

(c)  Include specified terms and conditions of its permit in all contracts for

receipt by the permittee of any effluent not required to be received by a municipal permittee;

(d)  Initiate engineering and financial planning for expansion of the domestic

wastewater treatment works whenever throughput and treatment reaches eighty percent of design capacity;

(e)  Commence construction of such domestic wastewater treatment works

expansion whenever throughput and treatment reaches ninety-five percent of design capacity or, in the case of a municipality, either commence such construction or cease issuance of building permits within such municipality until such construction is commenced; except that building permits may continue to be issued for any construction which would not have the effect of increasing the input of domestic wastewater to the sewage treatment works of the municipality involved. The term commence construction, as used in this paragraph (e), includes execution of, and commencement of work under, contracts for engineering design, plans, and specifications for erection, building, alteration, remodeling, improvement, or extension of treatment works and commitment to the completion of construction of such treatment works prior to exceeding permit effluent limitations based upon facility design and capacity or execution of a contract for the construction thereof.

(6)  Inclusion of the requirements authorized by paragraph (d) of subsection

(5) of this section shall be presumed unnecessary to assure compliance upon a showing that the area served by a domestic wastewater treatment works has a stable or declining population; but this provision shall not be construed as preventing periodic review by the division should it be felt that growth is occurring or will occur in the area.

Source: L. 81: Entire article R&RE, p. 1326, � 1, effective July 1. L. 83: (5)(e)

amended, p. 1074, � 1, effective June 10. L. 85: (2) amended, p. 909, � 10, effective June 4. L. 93: (1) and (2) amended, p. 1579, � 3, effective July 1. L. 2001: IP(3) and (3)(j) amended, p. 41, � 1, effective July 1. L. 2025: (2) amended, (SB 25-305), ch. 429, p. 2476, � 2, effective June 4.

Cross references: For circumstances resulting in the repeal of this section,

see � 25-8-507.

C.R.S. § 25-8-801

25-8-801. Definitions. As used in this part 8, unless the context otherwise requires:

(1)  Administrator or storm water management system administrator

means a nonprofit entity designated by the division to conduct the activities required under this part 8.

(2)  Advisory board means an oversight group, established as a required

element within each storm water management system administrator's program, that is made up of volunteers representing industry sector stakeholders active in the program, including nonprofit administrator representatives, participants, participating MS4s, and third-party auditors. While acting in the capacity of a board of directors, the advisory board has the authority to establish all program policies and procedures, collect and maintain program records, compile annual participant performance summary reports, and take all necessary actions to maintain the department's designation of the administrator.

(3)  CDPS means the Colorado discharge permit system.


(4)  CDPS MS4 permit means a CDPS permit for storm water discharges

associated with an MS4.

(5)  CDPS storm water construction permit means a CDPS permit for storm

water discharges associated with construction activities.

(6)  MS4 means a municipal separate storm sewer system.


(7)  MS4 permittee means a governmental entity with a CDPS permit for

storm water discharges associated with an MS4.

(8)  Participant means a person that is required to obtain a CDPS storm

water construction permit from the division and that volunteers to participate in a storm water management system program administered by a storm water management system administrator.

(9)  SWMP means a storm water management plan as defined in the CDPS

permit for storm water discharges associated with construction activities.

(10)  Third-party auditor means a person who meets the professional

qualifications defined in the administrator's written program and who operates independently from, and is not an employee of, any participant or MS4 in the administrator's program.

Source: L. 2011: Entire part added, (HB 11-1026), ch. 159, p. 546, � 1, effective

August 10.

C.R.S. § 25-8-802

25-8-802. Storm water management system administrator. (1) A nonprofit entity may apply to be a storm water management system administrator by completing an application in such form as the division may require. The division may designate one or more storm water management system administrators. To be designated as an administrator, the applicant must demonstrate to the satisfaction of the division that:

(a)  The applicant has in place a standardized compliance assistance and

assurance program that contains processes, procedures, and associated training for participants that, when fully implemented by the program participants, would result in full compliance with the requirements of the applicable CDPS storm water construction permit. The compliance assistance and assurance program shall assure, at a minimum, that each participant:

(I)  Maintains a qualified permit compliance manager in accordance with the

CDPS storm water construction permit and the administrator's written policies;

(II)  Maintains complete and updated permit documentation available for

inspection at the permitted facility;

(III)  Completes established minimum requirements for training to maintain

permit compliance manager status; and

(IV)  Complies with all applicable terms and conditions required by any MS4

permittee with jurisdiction over the participant's construction activities.

(b)  The applicant ensures that a third-party audit of each participant facility

operating under a CDPS storm water construction permit is completed on a monthly basis using standardized inspection reporting forms and procedures approved by the division. Third-party audit reports must include standardized compliance performance measurement and scoring clearly demonstrating the following:

(I)  The adequacy of implementation of each aspect of the administrator's

storm water management systems;

(II)  The adequacy of the SWMP in meeting all applicable permit requirements

defined in this part 8; and

(III)  The adequacy of each storm water management practice used to

implement the SWMP.

(c)  The applicant maintains records of its compliance assistance and

assurance program, including a list of participants and each participant facility, and monthly required third-party audits, in a form approved by the division;

(d)  The applicant has fully implemented the compliance assistance and

assurance program with a sufficient number of participants to demonstrate the adequacy of the program for one year prior to submittal of an application for designation as an administrator;

(e)  The applicant maintains an advisory board that meets regularly, but not

less than quarterly, and such meetings are open to the public; and

(f)  The applicant has a written storm water management program that

includes:

(I)  An organizational chart defining relationships among stakeholders,

including the roles and responsibilities of each;

(II)  Advisory board make-up and associated policies and procedures;


(III)  Participant policies and procedures, including performance standards

and measurement methodology;

(IV)  Third-party auditor policies and procedures; and


(V)  Other policies and procedures the division may require to demonstrate a

complete and functional program.

(2)  Upon the division's approval of the application, the division shall

designate the applicant as a storm water management system administrator. The applicant shall maintain a compliance assistance and assurance program, including requiring third-party audits and record keeping, consistent with the requirements of this part 8.

(3)  A storm water management system administrator shall provide to the

division on at least a yearly basis a summary report that describes in detail significant program accomplishments and changes and that adequately demonstrates the overall performance of the administrator's program in improving participant compliance with the participants' storm water permits. The division shall make the yearly administrator summary report available to the public.

(4)  To the extent permitted by federal law, the division may reduce

compliance oversight activities for facilities authorized to discharge under a CDPS storm water construction permit participating in a storm water management system administrator program based on a determination by the division that the participants or the participant facilities have a demonstrated record of reduced potential for occurrences of noncompliance and reduced risk of negative impacts on receiving waters. This part 8 does not prohibit or restrict any compliance oversight, including inspections, by the division.

(5)  The division may revoke the designation of an administrator for evidence

of repeated failure to meet the requirements of this part 8.

(6)  The disclosure of any information related to a participant's third-party

audit to an administrator is not a disclosure under section 25-1-114.5.

(7)  Participation in a storm water management system administrator

program by a holder of a CDPS storm water construction permit is strictly voluntary, and a participant may end its participation at any time upon written notice to the administrator.

(8)  The administrator may work with the division to establish reporting

requirements acceptable to the division that would allow participants in the administrator's program to participate in environmental performance recognition programs, including the department's environmental leadership program.

Source: L. 2011: Entire part added, (HB 11-1026), ch. 159, p. 547, � 1, effective

August 10.

C.R.S. § 25-8-803

25-8-803. Storm water management system administrator audits to support MS4 permittees' programs. (1) MS4 permittees may choose to work with any administrator to assist the MS4 permittee in complying with the terms and conditions of the MS4 permittee's CDPS MS4 permit. An MS4 permittee may utilize all, or portions of, the storm water management system administrator's program as part of the MS4 permittee's program for oversight of construction sites to demonstrate compliance with the requirements of the MS4 permittee's CDPS permit for storm water discharges associated with an MS4.

(2)  The division may consider third-party audits conducted pursuant to a

storm water management system administrator's program to be part of the MS4 permittee's compliance oversight program required by its CDPS MS4 permit if the MS4 permittee formally utilizes the storm water management system administrator's program that conducted the audit, and the MS4 permittee implements procedures to demonstrate and report to the division, upon division request, that the administrator's program is meeting the requirements for third-party audits in section 25-8-802 (1) and (3) for participant construction activities located within the jurisdiction of the MS4 permittee.

(3)  An MS4 permittee may reduce compliance oversight activities for

facilities authorized to discharge under a CDPS storm water construction permit that are operated by participants in a storm water management system administrator's program based on a determination by the MS4 permittee that the participants or participant facilities have a demonstrated record of reduced potential for occurrences of noncompliance and reduced risk of negative impacts on receiving waters. This part 8 does not prohibit or restrict any compliance oversight, including inspections, by an MS4 permittee.

(4)  Modification of the MS4 permittee's program is subject to division

approval in accordance with the requirements of the applicable CDPS MS4 permit.

(5)  An MS4 permittee's use of a storm water management system

administrator's program is strictly voluntary, and an MS4 permittee may end its use of the program at any time upon written notice to the administrator.

(6)  Nothing in this part 8 grants regulatory authority to a storm water

management system administrator or the authority to impose any fine.

(7)  Nothing in this part 8 preempts or supersedes any authority of an MS4

permittee or any other local agency.

(8)  Nothing in this part 8 removes, reduces, or transfers the responsibility for

compliance with an MS4 permit from the MS4 permittee.

Source: L. 2011: Entire part added, (HB 11-1026), ch. 159, p. 549, � 1, effective

August 10.

PART 9

TESTING OF DRINKING WATER IN SCHOOLS, CHILD CARE

CENTERS, AND FAMILY CHILD CARE HOMES

C.R.S. § 26-6-909

26-6-909. Standards for facilities and agencies - rules. (1) The department shall prescribe and publish standards for licensing. The standards must be applicable to child placement agencies and the various types of residential and day treatment child care facilities regulated and licensed by this part 9; except that the department shall prescribe and publish separate standards for the licensing of child placement agencies operating for the purpose of adoptive placement and adoption-related services. The department shall seek the advice and assistance of persons representative of the various types of facilities and agencies in establishing the standards, including the advice and assistance of the department of public safety and councils and associations representing fire marshals and building code officials in the promulgation of any rules related to adequate fire protection and prevention, as allowed in subsection (2)(e) of this section. The standards must be established by rules promulgated by the state board and be issued, published, and become effective only in conformity with article 4 of title 24.

(2)  Standards prescribed by state board rules pursuant to this section are

restricted to:

(a)  The operation and conduct of the facility or agency and the responsibility

it assumes for child care;

(b)  The character, suitability, and qualifications of the applicant for a license

and of other persons directly responsible for the care and welfare of children served, including whether an affiliate of the licensee has ever been the subject of a negative licensing action;

(c)  The general financial ability and competence of the applicant for a

license to provide necessary care for children and to maintain prescribed standards;

(d)  The number of individuals or staff required to ensure adequate

supervision and care of children served;

(e) (I)  The appropriateness, safety, cleanliness, and general adequacy of the

premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of the children served.

(II)  A facility that provides child care exclusively to school-age children and

operates on the property of a school district, district charter school, or institute charter school may satisfy any fire or radon inspection requirement required by law by providing a copy of a satisfactory fire or radon inspection report of the property of a school district, district charter school, or institute charter school where the child care is provided if the fire or radon inspection report was completed within the preceding twelve months. The department shall not require a duplicate fire or radon inspection if a satisfactory fire or radon inspection report of the property was completed within the preceding twelve months.

(f)  Keeping of records for food, clothing, equipment, and individual supplies;


(g)  Provisions to safeguard the legal rights of children served;


(h)  Maintenance of records pertaining to the admission, progress, health, and

discharge of children;

(i)  Filing of reports with the department;


(j)  Discipline of children;


(k)  Standards for seclusion of a child in accordance with article 20 of this

title 26. Standards for seclusion must include:

(I)  The basis for the use of seclusion in accordance with section 26-20-103;


(II)  Duration and frequency of the seclusion;


(III)  Facility staff requirements;


(IV)  Criteria for the short-term placement of a child in seclusion;


(V)  Documentation and review of the seclusion;


(VI)  Review and biannual inspection by the department of the seclusion room

or area;

(VII)  Physical requirements for the seclusion room or area;


(VIII)  Certification or approval from the department prior to the

establishment of the seclusion room or area;

(IX)  A neutral fact finder to determine if the child's situation merits

seclusion;

(X)  At a minimum, a fifteen-minute checking and review by staff of a child

placed in seclusion;

(XI)  Review by staff of any seclusion subsequent to each period of seclusion;


(XII)  Daily review of the use of the seclusion rooms or areas; and


(XIII)  Revocation or suspension of licensure for failure to comply with the

standards set forth in this subsection (2)(k).

(l)  Standards for security in secure residential treatment centers and

residential child care facilities provided through the physical environment and staffing. The standards must include, but need not be limited to, the following:

(I)  Locked doors;


(II)  Fencing;


(III)  Staff requirements to ensure security;


(IV)  Inspections;


(V)  Physical requirements for program space and for secure sleeping of the

residents in the secure residential treatment center or residential child care facility; and

(VI)  Other security considerations that are necessary to protect the residents

of the secure residential treatment center or residential child care facility or the public.

(m)  Standards for the appropriateness, safety, and adequacy of

transportation services of children to and from facilities;

(n)  Except as provided in subsection (2)(o) of this section, provisions that

ensure that foster care homes and child care centers verify, in accordance with part 9 of article 4 of title 25, that each child has received appropriate immunizations against contagious diseases as follows:

(I)  Children up to twenty-four months of age are required to be immunized in

accordance with the Infant Immunization Act, part 17 of article 4 of title 25;

(II)  Children over twenty-four months of age are required to be immunized in

accordance with part 9 of article 4 of title 25;

(o)  Provisions that allow a facility that allows a child to enroll and attend the

facility on a short-term basis of up to fifteen days in a fifteen-consecutive-day period, no more than twice in a calendar year, with each fifteen-consecutive-day period separated by at least sixty days, to do so without obtaining verification of immunization for that child, as provided in section 25-4-902. A facility that chooses to allow children to enroll and attend on a short-term basis pursuant to the provisions of this subsection (2)(o) shall provide notification to all parents that the facility allows children to enroll and attend on a short-term basis without obtaining proof of immunization.

(p)  Standards for adoption agencies that may include, but need not be

limited to:

(I)  Specific criteria and minimum credentials, qualifications, training, and

education of staff necessary for each of the types of adoption for which an applicant may seek to be licensed, including, but not limited to:

(A)  Traditional adoptions with adopting parents who are unknown;


(B)  Family adoptions, including stepparent and grandparent adoptions;


(C)  Interstate adoptions;


(D)  International adoptions;


(E)  Identified or designated adoptions; and


(F)  Special needs adoptions;


(II)  The continuing education requirements necessary to maintain the

adoption agency's license, taking into account the type and specialty of such agency's license;

(III)  The operation and conduct of the agency and the responsibility it

assumes in adoption cases;

(IV)  The character, suitability, and qualifications of the applicant for a license

and for all direct service staff employed or contracted with by the agency;

(V)  The general financial ability and competence of the applicant for a

license, either original or renewal, to provide necessary services for the adoption of children and to maintain prescribed standards;

(VI)  Proper maintenance of records; and


(VII)  Provisions to safeguard the legal rights of children served;


(q) (I)  Standards for the training of foster care parents, which must include,

at a minimum:

(A)  Twenty-seven hours of initial training, consisting of at least twelve hours

of training prior to the placement of a child and completion of the remaining training within three months after such placement;

(B)  Twenty hours per year of continuing training;


(C)  In addition to the hours described in subsection (2)(q)(I)(B) of this section,

twelve hours per year for foster care parents providing therapeutic foster care;

(D)  Training concerning individualized education programs, as defined in

section 22-20-103 (15). The departments of human services and education shall ensure coordination between local county departments and local school districts or administrative units to make such training available upon the request of a foster parent.

(E)  The training described in section 19-7-104.


(II)  The training described in subsection (2)(q)(I) of this section may include,

but need not be limited to, in-home training.

(III)  The department shall consult with county departments and child

placement agencies in prescribing the training standards in order to ensure a more uniform application throughout the state.

(IV)  The hours of training prior to the placement of a child described in

subsection (2)(q)(I)(A) of this section may be completed within four months after the placement if the placement was an emergency placement, as defined by rule of the state board.

(r)  Initial and ongoing training of providers of foster care services in facilities

and agencies licensed and certified pursuant to this part 9, including orientation and prelicensing training for child placement agency staff; and

(s)  Standards for the training of providers of cradle care home services that

must be substantially similar to the training required of adoptive parents prior to adopting an infant, including ongoing training hours appropriate to the services provided.

(2.5)  Kinship foster care homes are exempt from the minimum standards set

forth in this section. Training standards for kinship foster care homes are established pursuant to section 19-7-104 (4).

(3)  If all of the requirements in section 22-1-119.5 and any additional rules of

the state board are met, a child enrolled in a residential or day treatment child care facility may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The state board may adopt additional rules concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.

(4)  An applicant or person licensed to operate a facility or agency under the

provisions of this part 9 has the right to appeal any standard that, in the applicant's or person's opinion, creates an undue hardship or when, in the applicant's or person's opinion, a standard has been too stringently applied by representatives of the department. The department shall designate a panel of persons representing various state and local governmental agencies with an interest in and concern for children to hear the appeal and to make recommendations to the department. The membership of the appeals review panel must include, but need not be limited to, a representative from a twenty-four-hour child care facility; a representative from a licensed child placement agency; a representative with child placement experience from a county department; and a representative from at least one other state department, or from the division within the department that is responsible for child welfare, who has education and expertise in trauma-informed care and child welfare. The executive director, or the executive director's designee, shall appoint all members to the appeals review panel. Representatives to the appeals review panel serve terms of no more than three years and may serve successive terms.

(5)  The state board may promulgate rules to regulate the operation of out-of-home placement provider consortia. The regulation shall not include licensing of

out-of-home placement provider consortia.

(6)  Repealed.


(7) (a)  A county director, or the county director's designee, may approve, at

the county director's discretion, a waiver of non-safety licensing standards for kinship foster care. A waiver may be approved only if:

(I)  It concerns non-safety licensing standards, as set forth by rule of the

state board pursuant to subsection (7)(d) of this section;

(II)  The safety and well-being of the child or children receiving care is not

compromised; and

(III)  The waiver request is in writing.


(b)  A county director of human or social services, or the county director's

designee, may limit or restrict certification issued to a kinship foster care home or require the kinship foster care home to enter into a compliance agreement to ensure the safety and well-being of the child or children in the kinship foster home's care.

(c)  A kinship foster care entity may not appeal a denial of a waiver requested

pursuant to subsection (7)(a) of this section.

(d)  The state board shall promulgate rules concerning the waiver of non-safety licensing standards for kinship foster care. The rules must include, but need

not be limited to, a listing of non-safety licensing standards that may not be waived and circumstances in which waivers do not apply. The state board shall also define by rule the meaning of kinship foster care for the purposes of this subsection (7).

(8)  The executive director has the power to direct the administration or

monitoring of medications to persons in facilities pursuant to section 25-1.5-301 (2)(e).

(9)  To ensure compliance with state and federal laws and regulations related

to secure facilities, the state board shall adopt rules for admission to a state-owned psychiatric residential treatment facility. The rules must comply with rules adopted by the state department and rules adopted by the department of health care policy and financing and the department of public health and environment, as those rules relate to the operation.

Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 800, � 17,

effective July 1. L. 2024: (6) repealed, (SB 24-191), ch. 221, p. 1386, � 6, effective August 7; (2.5) added and (7)(b) amended (SB 24-008), ch. 289, p. 1938, � 11, effective September 1. L. 2025: (9) added, (HB 25-1172), ch. 155, p. 628, � 5, effective August 6.

C.R.S. § 27-60-502

27-60-502. Behavioral health-care continuum gap grant program - established - rules. (1) (a) There is established in the behavioral health administration the behavioral health-care continuum gap grant program to provide grants to local governments, community-based organizations, and nonprofit organizations for programs and services along the behavioral health-care continuum in areas of highest need, including children-oriented, youth-oriented, and family-oriented behavioral health-care services.

(b) (I)  The behavioral health administration shall administer the grant

program. The BHA shall create a grant application process and make the process publicly available on its website prior to accepting applications. The BHA shall begin accepting grant applications no later than December 31, 2022.

(II)  The BHA shall provide grant application support to an applicant, upon

request, from a grant application writing professional who is independent from the grant program.

(III)  In connection with the review of grant applications and awards, the BHA

shall solicit input from a diverse stakeholder group that reflects the geographic and demographic diversity of the entire state, including members from rural and urban areas, and members of diverse racial, disability, and cultural groups and of diverse sexual orientations and genders.

(c)  The BHA shall develop a behavioral health-care services assessment tool

to identify regional gaps in behavioral health and substance use disorder services, underserved populations, and unmet behavioral health needs on the behavioral health-care service continuum. The BHA shall make the assessment tool publicly available on its website prior to accepting applications for a grant pursuant to this part 5. The BHA shall make technical assistance available to eligible entities that need assistance using the assessment tool.

(d)  In administering the grant program, the BHA may award the following

types of grants:

(I)  Community investment grants, as described in subsection (2) of this

section, to address identified local behavioral health-care needs along the continuum of behavioral health care, including services for adults or families with acute, complex, or severe conditions and needs; and

(II)  Children, youth, and family services grants, as described in subsection (3)

of this section, to expand children-oriented, youth-oriented, and family-oriented behavioral health-care services to address identified local behavioral health-care needs along the continuum of behavioral health care, including services for children, youth, and families with acute, complex, or severe conditions and needs.

(2)  Community investment grants. (a)  As part of the grant program, the

BHA shall award grants to invest in and address identified behavioral health-care needs in the grant applicant's community.

(b)  A community-based organization, local government, federally recognized

Indian tribe, or nonprofit organization is eligible for a community investment grant.

(c) (I)  A community investment grant award must be used:


(A)  For evidence-based or evidence-informed services along the behavioral

health-care continuum, including prevention, treatment, crisis services, recovery, harm reduction, care navigation and coordination, trauma recovery, trauma-informed training, training on providing services in a culturally responsive manner, transitional housing, supportive housing, and recovery homes;

(B)  For capital expenditures related to providing evidence-based or

evidence-informed services, which may include the creation or redesign of mental health inpatient beds, emergency room beds for mental health crisis patients, outpatient mental health beds, and step-down facilities connected with a hospital;

(C)  To expand capacity for existing treatment, programs, or services within

the grant recipient's jurisdiction or service area; and

(D)  For a new capital construction project that has progressed through the

design review process, has obtained approval for applicable development and building permits, provides access to multiple critical services in one central location within the community served, is easily accessible by first responders and community members, and demonstrates strong community support.

(II)  A grant recipient that is a primary care provider, withdrawal management

provider, outpatient substance use treatment provider, or hospital may use a grant award to create a program commonly known as treatment on demand to prepare providers to offer same-day access to initiate medication-assisted treatment, substance use counseling, peer support, and navigation services. As part of a treatment-on-demand program, a grant award may be used for:

(A)  Technical assistance to redesign access and improve efficiencies that

would make treatment accessible on a same-day basis, including education of providers on determination of levels of care as described by the American Society of Addiction Medicine;

(B)  Developing protocols and credentialing providers to initiate

psychopharmacological treatments; or

(C)  Recruiting and training peer support professionals to act as navigators

and advocates for individuals and developing partnerships across levels of care to facilitate transfers of care from hospital and withdrawal management programs to ongoing treatment.

(3)  Children, youth, and family services grants. (a)  As part of the grant

program, the BHA shall award children, youth, and family services grants to expand children-oriented, youth-oriented, and family-oriented behavioral health-care services with the goal of establishing a care access point in each behavioral health administrative services region.

(b)  A community-based organization; local government; federally recognized

Indian tribe; local collaborative management programs, as described in section 24-1.9-102; local juvenile services planning committee created pursuant to section 19-2.5-302; or nonprofit organization is eligible for a children, youth, and family services grant.

(c)  A children, youth, and family services grant award may be used for:


(I)  Establishing and operating a children-oriented, youth-oriented, and

family-oriented care access point that is physically connected to a family resource center, as defined in section 26-18-102, or a facility that provides behavioral health-care treatment;

(II)  Children-oriented, youth-oriented, and family-oriented behavioral health-care navigation and coordination services;


(III)  Expanding evidence-based or evidence-informed behavioral health-care

treatment, including substance use disorder treatment, for children, youth, and families;

(IV)  Intensive outpatient services, including high-fidelity wraparound youth

mobile response and expanded caregiver interventions; and

(V)  Capital expenditures related to providing the treatment and services

described in this subsection (3)(c).

Source: L. 2022: Entire part added, (HB 22-1281), ch. 182, p. 1213, � 2,

effective May 18. L. 2024: (2)(c)(I) amended, (HB 24-1176), ch. 251, p. 1660, � 1, effective May 24.

C.R.S. § 29-1-802

29-1-802. Definitions. As used in this part 8, unless the context otherwise requires:

(1)  Capital expenditure means any expenditure for an improvement, facility,

or piece of equipment necessitated by land development which is directly related to a local government service, has an estimated useful life of five years or longer, and is required by charter or general policy of a local government pursuant to resolution or ordinance.

(2)  Land development means any of the following:


(a)  The subdivision of land;


(b)  Construction, reconstruction, redevelopment, or conversion of use of land

or any structural alteration, relocation, or enlargement which results in an increase in the number of service units required; or

(c)  An extension of use or a new use of land which results in an increase in

the number of service units required.

(3)  Land development charge means any fee, charge, or assessment

relating to a capital expenditure which is imposed on land development as a condition of approval of such land development, as a prerequisite to obtaining a permit or service. Nothing in this section shall be construed to include sales and use taxes, building or plan review fees, building permit fees, consulting or other professional review charges, or any other regulatory or administrative fee, charge, or assessment.

(4)  Local government means a county, city and county, municipality,

service authority, school district, local improvement district, law enforcement district, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, any other kind of municipal, quasi-municipal, or public corporation, or any agency or instrumentality thereof organized pursuant to law.

(5)  Service unit means a standard unit of measure of consumption, use,

generation, or discharge of the services provided by a local government.

Source: L. 90: Entire part added, p. 1438, � 1, effective January 1, 1991.

C.R.S. § 29-2-105

29-2-105. Contents of sales tax ordinances and proposals. (1) The sales tax ordinance or proposal of any incorporated town, city, or county adopted pursuant to this article 2 shall be imposed on the sale of tangible personal property at retail or the furnishing of services, as provided in subsection (1)(d) of this section. Any countywide or incorporated town or city sales tax ordinance or proposal shall include the following provisions:

(a)  A provision imposing a tax on the sale of tangible personal property at

retail or the furnishing of services, as provided in paragraph (d) of this subsection (1);

(b)  A provision that, for the purpose of the sales tax ordinance or proposal

enacted in accordance with this article 2, all retail sales are sourced as specified in section 39-26-104 (3);

(c)  A provision that the amount subject to tax shall not include the amount of

any sales or use tax imposed by article 26 of title 39, C.R.S.;

(d) (I)  A provision that the sale of tangible personal property and services

taxable pursuant to this article 2 is the same as the sale of tangible personal property and services taxable pursuant to section 39-26-104, except as otherwise provided in this subsection (1)(d). The sale of tangible personal property and services taxable pursuant to this article 2 is subject to the same sales tax exemptions as those specified in part 7 of article 26 of title 39; except that the sale of the following may be exempted from a town, city, or county sales tax only by the express inclusion of the exemption either at the time of adoption of the initial sales tax ordinance or resolution or by amendment thereto:

(A)  The exemption for sales of machinery or machine tools specified in

section 39-26-709 (1), C.R.S., other than machinery or machine tools used in the processing of recovered materials by a business listed in the inventory prepared by the department of public health and environment pursuant to section 30-20-122 (1)(a)(V), C.R.S.;

(A.5)  The exemption for sales of machinery or machine tools specified in

section 39-26-709 (1), C.R.S., used in the processing of recovered materials by a business listed in the inventory prepared by the department of public health and environment pursuant to section 30-20-122 (1)(a)(V), C.R.S.;

(B)  The exemption for sales of electricity, coal, wood, gas, fuel oil, or coke

specified in section 39-26-715 (1)(a)(II), C.R.S.;

(C)  The exemption for sales of food specified in section 39-26-707 (1)(e),

C.R.S.;

(D)  The exemption for vending machine sales of food specified in section 39-26-714 (2), C.R.S.;


(E)  The exemption for sales by a charitable organization specified in section

39-26-718 (1)(b), C.R.S.;

(F)  The exemption for sales of farm equipment and farm equipment under

lease or contract specified in section 39-26-716 (4)(e) and (4)(f). The express inclusion of the exemption by a town, city, or county before August 2, 2019, does not exempt from the town, city, or county sales tax any visual, electronic identification, or matched pair ear tags and electronic identification readers used to scan ear tags that are used by a farm operator to identify or track food animals, including animals used for food or in the production of food, that were added to the definition of farm equipment set forth in section 39-26-716 (1)(d) by House Bill 19-1162, enacted in 2019, and thereby exempted from state sales and use taxes but such a town, city, or county may expressly exempt such items by a subsequent amendment to its sales tax ordinance or resolution.

(G)  The exemption for sales of motor vehicles, power sources, or parts used

for converting such power sources as specified in section 39-26-719 (1);

(H)  Repealed.


(I)  The exemption for sales of wood from salvaged trees killed or infested in

Colorado by mountain pine beetles or spruce beetles as specified in section 39-26-723, C.R.S.;

(J)  The exemption for sales of components used in the production of energy,

including but not limited to alternating current electricity, from a renewable energy source specified in section 39-26-724, C.R.S.; except that this sub-subparagraph (J) shall not apply to any incorporated town, city, or county that adopted the exemption specified in sub-subparagraph (A) of this subparagraph (I) prior to May 27, 2008;

(K)  The exemption for sales that benefit a Colorado school specified in

section 39-26-725, C.R.S.;

(L)  The exemption for sales by an association or organization of parents and

teachers of public school students that is a charitable organization as specified in section 39-26-718 (1)(c), C.R.S.;

(M)  The exemption for sales of property for use in space flight specified in

section 39-26-728, C.R.S.;

(N)  Repealed.


(O)  The exemption for retail sales of marijuana upon which the retail

marijuana sales tax is imposed pursuant to section 39-28.8-202 as specified in section 39-26-729;

(P)  The exemption for manufactured homes, modular homes, tiny homes, and

any closed panel system utilized in construction of a factory-built residential structure set forth in section 39-26-721 (3);

(Q)  The exemption for sales of period products as specified in section 39-26-717 (2)(m);


(R)  The exemption for sales of incontinence products and diapers as

specified in section 39-26-717 (2)(n);

(S)  The exemption for sales of eligible decarbonizing building materials set

forth in section 39-26-731;

(T)  The exemption for sales of heat pump systems and heat pump water

heaters set forth in section 39-26-732; and

(U)  The exemption for sales of energy storage systems set forth in section

39-26-733.

(II)  Repealed.


(III)  In the absence of an express provision for any exemption specified in

subparagraph (I) of this paragraph (d), all sales tax ordinances and resolutions shall be construed as imposing or continuing to impose the town, city, or county sales tax on such items;

(e)  A provision that all sales of personal property on which a specific

ownership tax has been paid or is payable shall be exempt from said county, town, or city sales tax when such sales meet both of the following conditions:

(I)  The purchaser is a nonresident of or has his principal place of business

outside of the local taxing entity; and

(II)  Such personal property is registered or required to be registered outside

the limits of the local taxing entity under the laws of this state.

(f)  Repealed.


(1.5) (a)  All sales tax ordinances or resolutions adopted by a county, town, or

city prior to, on, or after August 1, 2002, that impose a sales tax pursuant to section 39-26-104 (1)(c), C.R.S., on a mobile telecommunications service shall impose such tax in accordance with the provisions of the act, and, pursuant to section 117 (b) of the act, mobile telecommunications service taxable by the county, town, or city on or after August 1, 2002, may be subject to any sales tax or other charge imposed by said entity on the service only if the customer's place of primary use is within the geographical boundaries of the entity.

(b)  As used in this subsection (1.5), unless the context otherwise requires:


(I)  Act means the federal Mobile Telecommunications Sourcing Act, 4

U.S.C. secs. 116 to 126, as amended.

(II)  Customer means customer as defined in section 124 (2) of the act.


(III)  Mobile telecommunications service means mobile telecommunications

service as defined in section 124 (7) of the act.

(IV)  Place of primary use means the place of primary use as defined in

section 124 (8) of the act.

(2)  No sales tax of any statutory or home rule city, town, city and county, or

county shall apply to the sale of construction and building materials, as the term is used in section 29-2-109, if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to such local government evidencing that a local use tax has been paid or is required to be paid.

(3)  No sales tax of any statutory or home rule county shall apply to the sale

of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule county equal to or in excess of that sought to be imposed by the subsequent statutory or home rule county. A credit shall be granted against the sales tax imposed by the subsequent statutory or home rule county with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule county. The amount of the credit shall not exceed the sales tax imposed by the subsequent statutory or home rule county.

(4)  No sales tax of any statutory or home rule city and county, city, or town

shall apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule city and county, city, or town equal to or in excess of that sought to be imposed by the subsequent statutory or home rule city and county, city, or town. A credit shall be granted against the sales tax imposed by the subsequent statutory or home rule city and county, city, or town with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule city and county, city, or town. The amount of the credit shall not exceed the sales tax imposed by the subsequent statutory or home rule city and county, city, or town.

(5)  The following provision shall apply in defining the applicability of its

higher rate to the sales tax ordinance or resolution of any statutory or home rule city, town, city and county, or county which provides a higher rate of taxation on prepared food or food for immediate consumption than its general rate of taxation: Prepared food or food for immediate consumption shall exclude any food for domestic home consumption.

(6)  No sales or use tax of any statutory or home rule city, town, city and

county, or county shall apply to the sale of food purchased with food stamps. For the purposes of this subsection (6), food shall have the same meaning as provided in 7 U.S.C. sec. 2012 (g), as such section exists on October 1, 1987, or is thereafter amended.

(7)  No sales or use tax of any statutory or home rule city, town, city and

county, or county shall apply to the sale of food purchased with funds provided by the special supplemental food program for women, infants, and children, 42 U.S.C. sec. 1786. For the purposes of this subsection (7), food shall have the same meaning as provided in 42 U.S.C. sec. 1786, as such section exists on October 1, 1987, or is thereafter amended.

(8)  Any statutory or home rule city, town, city and county, or county which

provides an exemption for the sale of food shall define food as defined in section 39-26-102 (4.5), C.R.S.

(9)  Notwithstanding any provision of this section to the contrary, sales of

cigarettes shall be exempt from a town, city, county, or city and county sales tax that is created pursuant to the authority set forth in this article.

(10) (a)  Notwithstanding any provision of this section to the contrary, and

except as provided in paragraph (b) of this subsection (10), a town, city, or county may exempt from its sales tax sales to a telecommunications provider of equipment used directly in the provision of telephone service, cable television service, broadband communications service, or mobile telecommunications service.

(b)  A town, city, or county may not adopt a sales tax exemption pursuant to

the authority set forth in paragraph (a) of this subsection (10) unless the exemption applies in a uniform and nondiscriminatory manner to the telecommunications providers of telephone service, cable television service, broadband communications service, and mobile telecommunications service.

Source: L. 67: p. 661, � 5. C.R.S. 1963: � 138-10-5. L. 69: pp. 1145, 1146, �� 1, 1.

L. 73: p. 242, � 26. L. 77: (1)(b) amended, p. 1398, � 1, effective July 1. L. 79: (1)(d) amended, p. 1429, � 13, effective July 3. L. 80: (1)(d) amended, p. 684, � 7, effective May 1; (1)(d) amended, p. 734, � 4, effective May 2; (1)(d) amended, p. 799, � 68, effective June 5. L. 81: (1) amended and (1)(f) added, p. 1402, � 2, effective June 9. L. 83: (1)(d) amended, p. 1208, � 1, effective April 28. L. 85: (2), (3), and (4) added, p. 1030, � 1, effective January 1, 1986. L. 87: (5) to (8) added, p. 1462, effective October 1. L. 94: (1)(d) amended, p. 1325, � 7, effective May 25. L. 95: (1)(d) amended, p. 329, � 2, effective April 27. L. 99: (1)(d) amended, p. 980, � 3, effective May 28; (1)(d) amended, p. 1324, � 5, effective July 1; (1)(d) amended, p. 1275, � 3, effective July 1; (1)(d) amended, p. 1356, � 4, effective January 1, 2000. L. 2000: (1)(d) amended, p. 550, � 5, effective July 1. L. 2001: (1)(d) amended, p. 382, � 3, effective July 1. L. 2002: (1.5) added, p. 253, � 3, effective April 12; (1)(f) amended, p. 1036, � 81, effective June 1. L. 2004: (1)(d) amended, p. 1036, � 3, effective July 1. L. 2008: (1)(d) R&RE, p. 1321, � 5, effective May 27; (1)(d) R&RE, p. 1545, � 3, effective May 28; (1)(d) R&RE, p. 967, � 1, effective August 5; (1)(f) repealed, p. 991, � 9, effective August 5; (1)(d) R&RE, p. 971, � 1, effective September 1. L. 2009: (1)(d)(I)(J) amended, (HB 09-1126), ch. 254, p. 1149, � 4, effective May 15; (9) added, (HB 09-1342), ch. 354, p. 1847, � 3, effective July 1. L. 2011: (1)(d)(II) repealed, (SB 11-178), ch. 216, p. 945, � 1, effective August 10; (10) added, (HB 11-1109), ch. 221, p. 954, � 1, effective August 10. L. 2012: (1)(d)(I)(I) amended, (HB 12-1045), ch. 191, p. 765, � 2, effective May 21; (1)(d)(I)(H) amended, (HB 12-1037), ch. 251, p. 1247, � 1, effective June 4. L. 2014: (1)(d)(I)(N) added, (HB 14-1159), ch. 229, p. 852, � 2, effective May 17; (1)(d)(I)(K) and (1)(d)(I)(L) amended and (1)(d)(I)(M) added, (HB 14-1178), ch. 234, p. 867, � 3, effective May 20. L. 2016: (1)(d)(I)(A) amended and (1)(d)(I)(A.5) added, (SB 16-124), ch. 258, p. 1058, � 2, effective June 8. L. 2017: IP(1) and IP(1)(d)(I) amended and (1)(d)(I)(O) added, (SB 17-267), ch. 267, p. 1467, � 23, effective May 30. L. 2018: IP(1) and IP(1)(d)(I) amended and (1)(d)(I)(P) added, (HB 18-1315), ch. 240, p. 1496, � 2, effective August 8. L. 2019: (1)(b) and (2) amended, (HB 19-1240), ch. 264, p. 2502, � 9, effective June 1; (1)(d)(I)(F) amended, (HB 19-1162), ch. 266, p. 2511, � 1, effective August 2. L. 2021: (1)(d)(I)(G) amended, (HB 21-1155), ch. 109, p. 433, � 2, effective May 7; (1)(d)(I)(F) amended, (HB 21-1158), ch. 119, p. 458, � 3, effective September 7. L. 2022: IP(1)(d)(I) and (1)(d)(I)(P) amended, (HB 22-1242), ch. 172, p. 1139, � 36, effective August 10; (1)(d)(I)(Q) and (1)(d)(I)(R) added, (HB 22-1055), ch. 359, p. 2574, � 2, effective August 10; (1)(d)(I)(S), (1)(d)(I)(T), and (1)(d)(I)(U) added, (SB 22-051), ch. 333, p. 2359, � 6, effective August 10. L. 2024: (1)(d)(I)(P) amended, (HB 24-1036), ch. 373, p. 2536, � 37, effective August 7.

Editor's note: (1)  Amendments to subsection (1)(d) by House Bill 99-1002,

House Bill 99-1015, House Bill 99-1271, and House Bill 99-1381 were harmonized.

(2)  Amendments to subsection (1)(d) by House Bill 08-1269, House Bill 08-1013, House Bill 08-1358, and House Bill 08-1368 were harmonized.


(3)  Subsection (1)(d)(I)(H) provided for the repeal of subsection (1)(d)(I)(H),

effective June 30, 2013.

(4)  Subsection (1)(d)(I)(P) was lettered as (1)(d)(I)(Q) in HB 18-1315 but has

been relettered on revision for ease of location.

(5)  Subsection (1)(d)(I)(N) provided for the repeal of subsection (1)(d)(I)(N),

effective July 1, 2019. (See L. 2014, p. 852.)

Cross references: (1)  For the legislative declaration contained in the 1999

act amending subsection (1)(d), see section 1 of chapter 318, Session Laws of Colorado 1999.

(2)  For the legislative declaration contained in the 2002 act enacting

subsection (1.5), see section 1 of chapter 92, Session Laws of Colorado 2002.

(3)  For the legislative declaration contained in the 2008 act amending

subsection (1)(d), see section 1 of chapter 332, Session Laws of Colorado 2008.

(4)  For the legislative intent contained in the 2008 act amending subsection

(1)(d), see section 9 of chapter 302, Session Laws of Colorado 2008.

(5)  For the legislative declaration contained in the 2009 act amending

subsection (1)(d)(I)(J), see section 1 of chapter 254, Session Laws of Colorado 2009.

(6)  For the legislative declaration in HB 14-1178, see section 1 of chapter 234,

Session Laws of Colorado 2014.

(7)  For the legislative declaration in SB 17-267, see section 1 of chapter 267,

Session Laws of Colorado 2017.

(8)  For the legislative declaration in HB 24-1036, see section 1 of chapter

373, Session Laws of Colorado 2024.

C.R.S. § 29-20-104.2

29-20-104.2. Anti-growth law - preemption - legislative declaration - definitions. (1) The general assembly finds and declares that:

(a)  A reliable public policy environment that supports an adequate and

affordable housing supply is a matter of statewide concern, and a healthy supply of housing units to match both current demand and future demand driven by population growth is critical for job creation, housing stability, affordability, and the overall economic well-being of all Coloradans;

(b)  The lack of affordable housing in Colorado is directly attributable to the

scarcity of housing units;

(c)  According to a study of housing development in Colorado, the state has

over one hundred seventy-five thousand fewer housing units than needed to restore its historical population-to-housing ratio from 1986 through 2008;

(d)  To close the deficit and account for projected population growth, the

state will need to add over one hundred sixty-two thousand housing units by 2027;

(e)  Anti-growth laws enacted by local governments severely undermine the

ability to construct the additional housing units Coloradans need;

(f)  Anti-growth laws do irreparable economic harm to working class

Coloradans by limiting the housing supply and driving up housing prices and rents. Furthermore, anti-growth laws threaten the livelihood of Coloradans employed in construction and other building trades as well as businesses across the state that rely on the commerce associated with home building.

(g)  Uniformity in land use laws concerning residential growth is necessary

for efficient residential development statewide and for the encouragement of construction of new housing units;

(h)  The enactment or enforcement of anti-growth laws by some local

governments decreases housing development in these locations and puts pressure on other local governments' residential housing stock, roads, utilities, and other services; and

(i)  It is therefore necessary for the general assembly to preempt and prohibit

the enforcement of existing anti-growth laws and prohibit the enactment and enforcement of new anti-growth laws.

(2)  As used in this section, unless the context otherwise requires:


(a)  Anti-growth law means a generally applicable land use law that:


(I)  Explicitly limits either the growth of the population in the governmental

entity's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed use development submitted to, reviewed by, approved by, or issued by a governmental entity for any calendar or fiscal year; or

(II)  In census urban areas as defined by the United States census bureau,

explicitly decreases the permitted residential density or residential uses of land to a lower residential density or fewer residential uses than were allowed by the land's usage and zoning as of July 1, 2025, without ensuring a corresponding increase of residential density or residential uses elsewhere in the jurisdiction.

(b)  Governmental entity means:


(I)  A statutory or home rule county, a city and county, or a municipality; and


(II)  Any special district or agency, authority, political subdivision, or

instrumentality of a county, or of a city and county, or of a municipality.

(b.5)  Land use law means any statute, resolution, ordinance, code, rule,

regulation, plan, policy, procedure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property.

(c)  Property means real property located within the state that is not

publicly owned.

(3)  Notwithstanding any provision of section 29-20-104 to the contrary, a

governmental entity shall not enact or enforce an anti-growth law affecting property.

(4) (a)  Notwithstanding any provision of section 29-20-104 or subsection (3)

of this section to the contrary, a governmental entity may enact and enforce a temporary, nonrenewable anti-growth law:

(I)  Following a disaster emergency declared by the governor or local

government that occurred in the jurisdiction of the governmental entity;

(II)  For the purpose of developing or amending land use plans or land use

laws covering residential development or the residential component of a mixed-use development; or

(III)  To provide for the extension or acquisition of public infrastructure, public

services, or water resources.

(b)  A temporary, nonrenewable anti-growth law affecting property allowed

by subsection (4)(a) of this section may be effective for no more than twenty-four months in any five-year period.

(5) (a)  Except as otherwise provided in subsection (5)(b) of this section,

nothing in this section requires a governmental entity to approve a permit application or precludes a governmental entity from regulating the use of land, developing land use plans, enacting affordability requirements that regulate or restrict market rate development or redevelopment in order to enforce affordability requirements, regulating the rental of any property or portion of a property that is available for lodging for less than thirty days, or denying a permit for any reason, including extending or acquiring infrastructure, water resources, or services.

(b)  Subsection (5)(a) of this section does not apply to a hotel unit portion of a

structure that is used by a business establishment to provide commercial lodging to the general public for predominantly overnight or weekly stays, that is classified as a hotel or motel for purposes of property taxation, that is not a unit, as defined in section 38-33.3-103 (30), in a condominium, and that is zoned or permitted by a governmental entity for use as a hotel.

(6) (a)  As used in this subsection (6), wildlife crossing structure means a

structure that was constructed to facilitate wildlife movement and is identified and mapped by the Colorado division of parks and wildlife in a high priority habitat map that is incorporated into the Colorado energy and carbon management commission's regulations.

(b)  Nothing in this section applies to land that contains or is directly adjacent

to a wildlife crossing structure.

Source: L. 2023: Entire section added, (HB 23-1255), ch. 448, p. 2637, � 1,

effective August 7. L. 2025: (2)(a) amended and (2)(b.5) and (6) added, (HB 25-1093), ch. 48, p. 216, � 1, effective August 6.

C.R.S. § 29-20-104.5

29-20-104.5. Impact fees - definition. (1) Pursuant to the authority granted in section 29-20-104 (1)(g) and as a condition of issuance of a development permit, a local government may impose an impact fee or other similar development charge to fund expenditures by such local government on capital facilities needed to serve new development. No impact fee or other similar development charge shall be imposed except pursuant to a schedule that is:

(a)  Legislatively adopted;


(b)  Generally applicable to a broad class of property; and


(c)  Intended to defray the projected impacts on capital facilities caused by

proposed development.

(2) (a)  A local government shall quantify the reasonable impacts of proposed

development on existing capital facilities and establish the impact fee or development charge at a level no greater than necessary to defray such impacts directly related to proposed development. No impact fee or other similar development charge shall be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed development.

(b) to (d)  Repealed.


(3)  Any schedule of impact fees or other similar development charges

adopted by a local government pursuant to this section must include provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the impact fee or other similar development charge is imposed.

(4)  As used in this section, the term capital facility means any improvement

or facility that:

(a)  Is directly related to any service that a local government is authorized to

provide;

(b)  Has an estimated useful life of five years or longer; and


(c)  Is required by the charter or general policy of a local government

pursuant to a resolution or ordinance.

(5)  Any impact fee or other similar development charge shall be collected

and accounted for in accordance with part 8 of article 1 of this title. Notwithstanding the provisions of this section, a local government may waive an impact fee or other similar development charge on the development of low- or moderate- income housing or affordable employee housing as defined by the local government.

(6)  No impact fee or other similar development charge shall be imposed on

any development permit for which the applicant submitted a complete application before the adoption of a schedule of impact fees or other similar development charges by the local government pursuant to this section. No impact fee or other similar development charge imposed on any development activity shall be collected before the issuance of the development permit for such development activity. Nothing in this section shall be construed to prohibit a local government from deferring collection of an impact fee or other similar development charge until the issuance of a building permit or certificate of occupancy.

(7)  Any person or entity that owns or has an interest in land that is or

becomes subject to a schedule of fees or charges enacted pursuant to this section shall, by filing an application for a development permit, have standing to file an action for declaratory judgment to determine whether such schedule complies with the provisions of this section. An applicant for a development permit who believes that a local government has improperly applied a schedule of fees or charges adopted pursuant to this section to the development application may pay the fee or charge imposed and proceed with development without prejudice to the applicant's right to challenge the fee or charge imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that a local government has either imposed a fee or charge on a development that is not subject to the legislatively enacted schedule or improperly calculated the fee or charge due, it may enter judgment in favor of the applicant for the amount of any fee or charge wrongly collected with interest thereon from the date collected.

(8) (a)  The general assembly hereby finds and declares that the matters

addressed in this section are matters of statewide concern.

(b)  This section shall not prohibit any local government from imposing

impact fees or other similar development charges pursuant to a schedule that was legislatively adopted before October 1, 2001, so long as the local government complies with subsections (3), (5), (6), and (7) of this section. Any amendment of such schedule adopted after October 1, 2001, shall comply with all of the requirements of this section.

(9)  If any provision of this section is held invalid, such invalidity shall

invalidate this section in its entirety, and to this end the provisions of this section are declared to be nonseverable.

Source: L. 2001, 2nd Ex. Sess.: Entire section added, p. 28, � 4, effective

November 6. L. 2016: IP(1), (2), (3), (4)(a), and (4)(c) amended, (HB 16-1088), ch. 259, p. 1059, � 3, effective June 8. L. 2024: IP(1), (3), (4)(a), and (4)(c) amended and (2)(b) to (2)(d) repealed, (SB 24-194), ch. 230, p. 1411, � 1, effective August 7.

Cross references: For the short title (Public Safety Fairness Act) in HB 16-1088, see section 1 of chapter 259, Session Laws of Colorado 2016.

C.R.S. § 29-20-105

29-20-105. Intergovernmental cooperation. (1) Local governments are authorized and encouraged to cooperate or contract with other units of government pursuant to part 2 of article 1 of this title for the purposes of planning or regulating the development of land including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations.

(2) (a)  Without limiting the ability of local governments to cooperate or

contract with each other pursuant to the provisions of this part 1 or any other provision of law, local governments may provide through intergovernmental agreements for the joint adoption by the governing bodies, after notice and hearing, of mutually binding and enforceable comprehensive development plans for areas within their jurisdictions. This section shall not affect the validity of any intergovernmental agreement entered into prior to April 23, 1989.

(b)  A comprehensive development plan may contain master plans, zoning

plans, subdivision regulations, and building code, permit, and other land use standards, which, if set out in specific detail, may be in lieu of such regulations or ordinances of the local governments.

(c)  Notwithstanding any other statutory provisions of article 28 of title 30,

C.R.S., review of comprehensive development plans by the planning commissions of the local governments shall be discretionary, unless otherwise required by local ordinance. This subsection (2) shall not apply to the requirements of sections 30-28-110 and 30-28-127, C.R.S.

(d)  An intergovernmental agreement providing for a comprehensive

development plan may contain a provision that the plan may be amended only by the mutual agreement of the governing bodies of the local governments who are parties to the plan.

(e)  In the event that a plan is silent as to a specific land use matter, existing

local land use regulations shall control.

(f) (I)  An intergovernmental agreement may contain provisions concerning

annexation, including, but not limited to provisions:

(A)  That a comprehensive development plan shall continue to control

particular land areas even though the land areas are annexed or jurisdiction over the land areas is otherwise transferred pursuant to law between the local governmental entities who are parties to the agreement;

(B)  For revenue sharing between local governments; and


(C)  Concerning land areas that may be annexed by municipalities and the

conditions related to such annexations as established in the comprehensive development plan.

(II)  Nothing in this paragraph (f) shall be construed to render invalid any

intergovernmental agreement or comprehensive development plan entered into prior to November 6, 2001.

(g)  Each governing body that is a party to an intergovernmental agreement

adopting a comprehensive development plan shall have standing in district court to enforce the terms of the agreement and the plan, including specific performance and injunctive relief. The district court shall schedule all actions to enforce an intergovernmental agreement and comprehensive development plan for expedited hearing.

(h)  Local governments may, pursuant to an intergovernmental agreement,

provide for revenue-sharing.

(i)  Local governments shall not be required to enter into intergovernmental

agreements or comprehensive development plans pursuant to this section.

Source: L. 74: Entire article added, p. 354, � 1, effective May 17. L. 89: Entire

section amended, p. 1268, � 1, effective April 23. L. 99: (2)(a) amended, p. 590, � 2, effective July 1. L. 2001, 2nd Ex. Sess.: (2)(f) amended, p. 31, � 1, effective November 6.

C.R.S. § 29-35-203

29-35-203. Department of local affairs collaboration - goals - transit-oriented community authority. (1) As determined to be appropriate by the executive director of the department, the department shall collaborate with the department of transportation and the Colorado energy office in fulfilling the requirements and goals of this part 2.

(2)  The goals of this part 2 are to:


(a)  Increase opportunities to construct housing near transit in order to

provide benefits including regulated affordable housing, accessible housing, regional equity through a balance of jobs and housing, improved and expanded transit service, and multimodal access to daily needs within mixed-use pedestrian-oriented neighborhoods; and

(b)  Increase opportunities for housing production by providing appropriate

zoning capacity buffers.

(3)  Nothing in this part 2 prevents a transit-oriented community, or other

relevant entity, from:

(a)  Enforcing infrastructure standards in local law that result in the denial or

conditioning of permits or approvals for specific housing projects in a transit center, including but not limited to utilities, transportation, or public works codes or standards;

(b)  Adopting generally applicable requirements for the payment of impact

fees or other similar development charges, in accordance with section 29-20-104.5, or the mitigation of impacts in accordance with part 2 of article 20 of this title 29;

(c)  Approving a development application at a lower net housing density than

the maximum allowed net housing density;

(d)  Allowing a high amount of zoning capacity in one transit area, while

allowing a very low amount of or no zoning capacity in another transit area;

(e)  Implementing discretionary approval processes for subdivisions,

rezonings, variances, or other processes in transit centers outside of project-specific zoning standards;

(f)  Creating an optional discretionary review process that may approve

greater density or other more permissive standards than the objective standards subject to administrative approval in a transit center;

(g)  Creating a discretionary review process in transit centers that is available

at the applicant's option and is subject to criteria consistent with the purposes of this part 2 as established in subsection (2) of this section, including processes such as planned unit developments;

(h)  Not publicly disclosing any confidential information related to water

supplies or facilities;

(i)  Allowing commercial uses, business uses, or mixed-use development on a

parcel in a designated transit center; and

(j)  Denying or conditioning development projects or building permit

approvals for a failure to meet the requirements of a traffic study that is conducted using objective standards.

Source: L. 2024: Entire article added (see the editor's note following the part

2 heading), (HB 24-1313), ch. 168, p. 848, � 1, effective May 13.

C.R.S. § 29-4-213

29-4-213. Zoning and building laws. All projects of an authority are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated.

Source: L. 35: p. 538, � 13. CSA: C. 82, � 41. CRS 53: � 69-3-13. C.R.S. 1963: �

69-3-13.

Cross references: For construction requirements, see article 1 of title 9; for

county planning and building codes, see article 28 of title 30; for municipal zoning restrictions, see part 3 of article 23 of title 31.

C.R.S. § 29-4-509

29-4-509. Conformity with building laws. All projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the project is situated.

Source: L. 51: p. 450, � 9. CSA: C. 82, � 87. CRS 53: � 69-6-9. L. 61: p. 429, �

1. C.R.S. 1963: � 69-6-9.

   Cross references: For county planning and building codes, see article 28 of title 30; for municipal zoning restrictions, see part 3 of article 23 of title 31.

PART 6

PUBLIC HOUSING - ELECTION

C.R.S. § 29-4-710.5

29-4-710.5. Powers of the board - lease, sale, or financing of projects. (1) Except as otherwise provided in an intergovernmental agreement entered into pursuant to article 46.5 of title 24, C.R.S., the authority may not undertake or finance a project until the board or the executive director pursuant to rules and regulations adopted by the board first determines that:

(a)  Providing the project will assist in promoting sound economic

development or in maintaining employment in the area in which the project is or is to be located, or in an area reasonably accessible thereto, or in the reduction of unemployment or underemployment in such area;

(b)  The financing agreement relating thereto provides for payment to the

authority of such revenues that, together with any government subsidies relating to the project and other moneys available or expected to be available, will be sufficient to pay the principal of and interest on all notes and bonds issued to finance the project, to build up and maintain any reserves deemed advisable by the authority in connection therewith, and to pay the costs of maintaining the project in good repair and keeping it properly insured, unless the financing agreement obligates the sponsor to pay for the maintenance of and insurance on the project; and

(c)  The sponsor of the project is not a state agency, county, municipality, or

other public body except the authority and the land on which the project is to be located has not been acquired by exercise of the power of eminent domain during the two years preceding the submission of the project plan to the authority.

(2)  Upon making the determinations specified in subsection (1) of this section

and in case of projects involving the acquisition, construction, or rehabilitation of a building, upon approval by the board of a project plan, the authority, in addition to the other powers granted by this part 7, shall have the following powers:

(a)  To commit to enter and to enter into a financing agreement to sell, make,

or participate in a loan to finance or lease for a term not exceeding ninety-nine years, with or without an option to purchase, any project, without public bidding or public sale, and upon such terms and conditions as the authority may deem appropriate. The authority may enter into such a financing agreement prior to, at the date of, or subsequent to the completion of the project. Where such a financing agreement is entered into, the authority may pay the project costs of the project and complete the construction and development of the project prior to any actual conveyance, loan, or lease.

(b)  To commit to enter and to enter into a financing agreement to purchase

or participate in the purchase, from a lender, of loans to sponsors to finance project costs, upon such terms and conditions as the authority may deem appropriate. The authority may enter into such a financing agreement prior to, at the date of, or subsequent to the completion of the project.

(c)  To commit to enter and to enter into a financing agreement to make a

loan to a lender, upon the condition that the lender invest the proceeds of such loan in loans to sponsors to finance project costs on such terms and conditions as the authority may deem appropriate;

(d)  To acquire, construct, reconstruct, rehabilitate, improve, alter, equip, and

repair or to provide for the acquisition, construction, reconstruction, rehabilitation, improvement, alteration, equipping, and repairing of any project; to maintain, operate, and manage or to provide for the maintenance, operation, and management of any project; to mortgage or otherwise encumber any project; and to sell or lease any project;

(e)  To prepare or cause to be prepared plans, specifications, designs, and

estimates of costs for the acquisition, construction, reconstruction, rehabilitation, improvement, alteration, equipment, maintenance, or repairing of any project and to periodically modify such plans, specifications, designs, and estimates.

(3)  All projects shall be subject to any applicable master plan, official map,

zoning regulations, building code, and other regulations governing land use or planning of the county or municipality in which the project is or is to be located. However, nothing in this subsection (3) shall be construed to prohibit or otherwise affect the right of the authority, a sponsor, or any other person to apply for and obtain, by any lawful means and to the extent otherwise permitted by law, an amendment to, a change in, or a variance from any such master plan, official map, zoning regulation, building code, or other regulation governing land use or planning with respect to any project.

(4)  Each county and municipality in which a project is located, in connection

with such project, shall provide police, fire, sanitation, health protection, and other governmental services of the same character and to the same extent as those provided for other residents of such county and municipality.

(5)  The authority shall be empowered to enter into contractual agreements

with any county or municipality with respect to the furnishing of any additional community, municipal, or public facilities or services necessary or desirable for any project.

(6)  Notwithstanding the provisions of any other law, the state, any state

agency, any county, and any municipality in which a project is or is to be located, and any board, authority, agency, department, commission, public corporation, or instrumentality of such county or municipality, shall have the power to lend or grant money or any other form of property, real, personal, or mixed, to the authority and to enter into contracts to make such loans and grants, all upon such terms and conditions as the authority and the state, state agency, county, or municipality, as the case may be, may agree upon.

(7)  Except as otherwise provided in an intergovernmental agreement entered

into pursuant to article 46.5 of title 24, C.R.S., the authority shall exercise its powers in connection with the financing of projects primarily for the benefit of small businesses, and the authority shall prepare as part of its annual report a summary of the nature and extent of its assistance rendered to small business projects.

Source: L. 82: Entire section added, p. 466, � 8, effective April 23. L. 87: IP(1),

(1)(c), and IP(2) amended, p. 1193, � 10, effective May 20. L. 91, 1st Ex. Sess.: IP(1) and (7) amended, p. 13, � 2, effective July 5.

Cross references: For county planning and building codes, see article 28 of

title 30; for municipal zoning restrictions, see part 3 of article 23 of title 31.

C.R.S. § 30-11-125

30-11-125. Licensing program for building contractors - contents of program - requirements - exceptions - definitions. (1) As used in this section, unless the context otherwise requires:

(a) (I)  Building contractor means a building contractor who for

compensation directs, supervises, or undertakes any work for which a county building permit is required. A county licensing program established in accordance with the provisions of this section shall exclude from the definition of building contractor any person whose sole function in the work for which a county building permit is required is to perform labor under the supervision or direction of a building contractor.

(II)  Building contractor shall not include an electrician required to be

licensed by the state pursuant to article 115 of title 12 or a plumber required to be licensed by the state pursuant to article 155 of title 12.

(b)  County means any county or city and county in the state.


(c)  Municipality means any home rule or statutory city or town in the state.


(d)  Person means any individual, corporation, limited liability company,

partnership, association, or other legal entity.

(2)  Subject to the requirements of this section, any county that has adopted

a building code may establish a licensing program to require a person who engages in the business of being a building contractor within the unincorporated areas of the county to obtain a license from the county prior to engaging in the business. The county may develop the licensing program in accordance with the requirements of this section, and any such program may include one or more of the following:

(a)  Procedures that a building contractor would follow in order to obtain or

renew a license, including the submission of any documentation or information as may be required by the county;

(b)  A requirement that the building contractor achieve a passing grade on a

nationally recognized examination promulgated by the international code council that is commonly used and accepted in the industry;

(c)  Specification of the duration of the license issued by the county;


(d)  Subject to the requirements of subsection (3) of this section, the

imposition of a reasonable fee to be charged by the county to a building contractor to cover the costs of any testing required to be performed by the county, the processing of the application, or any other costs incurred by the county in connection with the issuance or renewal of a license; or

(e)  Grounds for the revocation or suspension of a license issued by the

county, grounds for the revocation or suspension of a building permit issued for a project for which the building contractor is found not to be in compliance with the county's licensing requirements, or grounds for the imposition of any lesser sanction, which shall be based on objective standards and criteria developed from the county building code, and procedures to be followed by the county in carrying out the revocation, suspension, or other sanction based upon such grounds, including a process for appealing any sanction so imposed.

(3)  Any county that establishes a licensing program pursuant to this section

shall issue a license to a building contractor holding a valid license issued by another county or municipality in the state without requiring the building contractor to take or achieve a passing grade on any examination conducted by the county if the license issued by such other county or municipality required the building contractor to achieve a passing grade on a nationally recognized examination promulgated by the international code council commonly used and accepted in the industry. In the case of a building contractor holding a valid license issued by another county or municipality in the state, the fee charged by a secondary county for issuance or renewal of a license in accordance with the requirements of this section shall be reasonable and limited to costs incurred by the secondary county in processing the application and otherwise administering the issuance or renewal of a license required by this section.

(4)  If a building contractor applying for a license complies with the

requirements for obtaining a license established by the county, the county shall issue a provisional license to the building contractor no later than seven business days after the building contractor has submitted a complete application. Notwithstanding the provisions of subsection (5) of this section, any failure on the part of the county to issue a nonprovisional license within forty-five days after submission of a complete application to a building contractor who has otherwise satisfied all other requirements for obtaining a license shall not preclude the building contractor from engaging in the business of being a building contractor and applying for a building permit for unincorporated areas of the county.

(5)  Except as otherwise provided in subsection (4) of this section, no person

shall engage in the business of being a building contractor within the unincorporated areas of any county that has adopted a licensing program created pursuant to this section unless the person holds a valid license issued or recognized by the county in accordance with the requirements of this section.

(6)  Notwithstanding any other provision of this section:


(a)  The provisions of this section shall apply to any licensing program

operated or administered by a county that is in existence as of August 3, 2007. Any licensing program operated or administered by a county as of August 3, 2007, that satisfies or is amended to satisfy the requirements of this section is hereby ratified as compliant with the requirements of this section and need not be reestablished by the county.

(b)  Nothing in this section shall be construed to require any individual to hold

a license to perform repair or maintenance work on his or her own property, nor shall it prevent a person from employing an individual on either a full-time or a part-time basis to perform repair or maintenance work on his or her own property who is not licensed under the provisions of this section.

Source: L. 2007: Entire section added, p. 392, � 1, effective August 3. L.

2019: (1)(a)(II) amended, (HB 19-1172), ch. 136, p. 1718, � 214, effective October 1.

C.R.S. § 30-11-605

30-11-605. Powers and duties of governing bodies, planning commissions, and boards of adjustment. (1) Upon being requested to do so by an agency of the United States, the governing body shall determine if any telecommunications research facility of the United States is located wholly or partially within its jurisdiction. If such determination results in a finding that such a facility is so located, the planning commission, the board of adjustment, and the governing body shall, from and after April 23, 1969, be bound by the following: When considering any request for rezoning, exceptions to or variances from the terms of zoning regulations, or changed or additional uses of land within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body shall consider, in a like manner as those criteria set forth in sections 30-28-115 and 31-23-303, C.R.S., and other criteria applied to the consideration of requests for rezoning, exceptions to or variances from zoning regulations, or changed or additional uses of land, any data presented as to the effect that development made pursuant to such request will have on such telecommunications research facility of the United States, including what interference may be caused to said facility by the emanation of electrical impulses from electrical equipment that may be installed if such request is approved.

(2)  If approval for any request for rezoning to a zoning district, for an

exception to or variance from the terms of any zoning regulation, or for a changed or additional use of land, which will permit hospitals, industrial, business, or commercial uses is sought within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body may request reasonable information regarding the proposed use to be made from the applicant submitting the request for approval, including, but not limited to, a summary of the kinds of industrial electrical equipment expected to be installed on such property if the approval being sought is given.

(3)  Within a distance of two miles from the perimeter of any

telecommunications research facility of the United States, any approval of a subdivision plat in a residential zoning district and any approval for rezoning from existing districts to other districts that may exist or be created by the zoning resolution of any city, town, or county in which a telecommunications research facility of the United States is located shall be granted only if the covenants set forth in paragraphs (a) to (e) of subsection (4) of this section are included in the subdivision plat or as part of the rezoning request, which covenants shall be filed for recording with the county clerk and recorder following approval by the governing body; but said governing body may, under reasonable circumstances, waive the application of any one or more of said covenants with respect to all or any part of the affected land. The requirements set forth in this subsection (3) shall not apply to the approval of subdivision plats in single-family residential zoning districts where the minimum lot area permitted is one acre or more if the subdivision plat is approved, to requests for rezoning to single-family residential zoning districts in which the minimum lot area on unsubdivided land will be one acre or more if the rezoning request is approved, or to requests for rezoning to forestry or agricultural districts.

(4)  The covenants referred to in subsection (3) of this section are as follows:


(a)  All electrical distribution lines and service lines and all telephone lines

shall be placed underground.

(b)  No neon signs of any kind shall be permitted on any part of the property.


(c)  No electrical fences shall be erected on any part of the property.


(d)  All street lights shall be shielded so as to minimize upward illumination.


(e)  No arc welding equipment or remote control garage door openers which

employ a radiating type of receiver shall be installed or operated from a permanent location on the property.

(5)  No expressways or major arterials shall be authorized or constructed

within a distance of one mile from the perimeter of any telecommunications research facility of the United States and, unless the governing body specifically makes an exception therefor, no collector streets shall be authorized or constructed within a distance of one mile from the perimeter of any telecommunications research facility of the United States.

(6)  The limitations of this part 6 shall be incorporated in any zoning

resolution, building code resolution, or both, in any city, town, or county in which a telecommunications research facility of the United States is located, and each such city, town, or county shall enforce the same as provided by law.

(7)  The governing body shall determine, with the assistance of a surveyor, if

necessary, the boundaries of lands located in such city, town, or county, or both, as the case may be, affected by the limitations imposed by this part 6 and shall record such boundaries in the office of the county clerk and recorder of said county.

Source: L. 69: p. 236, � 1. C.R.S. 1963: � 36-26-5. L. 75: (1) amended, p. 1271, �

9, effective May 1.

ARTICLE 12

Local Access to Health Care Pilot Program

30-12-101 to 30-12-107. (Repealed)


Editor's note: (1)  This article 12 was added in 2007. For amendments to this

article 12 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 30-12-107 (3) provided for the repeal of this article 12, effective

July 1, 2017. (See L. 2012, p. 479.)

ARTICLE 15

Regulation Under Police Power

Cross references: For definitions applicable to this article, see � 30-26-301

(2)(d).

PART 1

CONTROL AND LICENSING OF PET ANIMALS

Editor's note: This article was numbered as article 12 of chapter 36, C.R.S.

1. The substantive provisions of this part 1 were repealed and reenacted in 1977, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

C.R.S. § 30-2-102

30-2-102. Categorization of counties for fixing salaries of county officers - salary amounts - legislative declaration. (1) For the purpose of establishing the salaries of county officers whose terms of office begin prior to January 1, 2016:

(a)  Category I counties shall consist of the counties of Adams, Arapahoe,

Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld;

(b)  Category II counties shall consist of the counties of Eagle, Fremont,

Garfield, La Plata, Mesa, Pitkin, Routt, and Summit;

(c)  Category III counties shall consist of the counties of Alamosa, Archuleta,

Chaffee, Clear Creek, Delta, Gilpin, Grand, Gunnison, Las Animas, Logan, Moffat, Montezuma, Montrose, Morgan, Otero, Park, Rio Blanco, San Miguel, and Teller;

(d)  Category IV counties shall consist of the counties of Custer, Elbert,

Huerfano, Kit Carson, Lake, Ouray, Prowers, Rio Grande, Washington, and Yuma;

(e)  Category V counties shall consist of the counties of Baca, Bent,

Cheyenne, Conejos, Costilla, Crowley, Dolores, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;

(f)  Category VI counties shall consist of the counties of Jackson, Kiowa, and

Sedgwick.

(1.5) (a)  For the purpose of establishing the salaries of county officers whose

terms of office begin on or after January 1, 2016:

(I) (A)  Category I-A counties consist of the counties of Adams, Arapahoe,

Boulder, Douglas, Eagle, El Paso, Jefferson, Larimer, Pueblo, Routt, Summit, and Weld;

(B)  Category I-D counties consist of the county of Mesa.


(II) (A)  Category II-A counties consist of the counties of Garfield, Grand, and

La Plata;

(B)  Category II-B counties consist of the counties of Fremont and Pitkin.


(C)  Repealed.


(III) (A)  Category III-A counties consist of the counties of Archuleta, Chaffee,

Clear Creek, Delta, Elbert, Gunnison, Moffat, Montezuma, Montrose, Morgan, Ouray, Park, Rio Blanco, San Miguel, and Teller;

(B)  Category III-B counties consist of the counties of Alamosa, Gilpin, and

Logan;

(C)  Category III-C counties consist of the counties of Las Animas, Rio Grande,

and Otero.

(D)  (Deleted by amendment, L. 2023.)


(IV) (A)  Category IV-A counties consist of the counties of Custer and

Prowers;

(B)  Category IV-B counties consist of the counties of Kit Carson, Lake, and

Washington;

(C)  Category IV-C counties consist of the counties of Huerfano and Yuma;


(D)  Repealed.


(V) (A)  Category V-A counties consist of the counties of Baca, Conejos,

Costilla, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;

(B)  Category V-B counties consist of the county of Crowley;


(C)  Category V-C counties consist of the counties of Bent and Dolores;


(D)  Category V-D counties consist of the county of Cheyenne.


(VI) (A)  Category VI-C counties consist of the counties of Jackson and

Sedgwick;

(B)  Category VI-D counties consist of the county of Kiowa.


(b)  On and after January 1, 2016, the general assembly may amend the

provisions of paragraph (a) of this subsection (1.5) by bill to move a county to any of the categories for which salaries are specified in subsection (2.3) of this section to another category. Such amendment shall be made only after giving due consideration to the variations among the counties including population, the number of persons residing in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, military installations, and such other factors as may be relevant to reflect the variations in the workloads and responsibilities of county officers and the tax resources of the several counties.

(2)  The annual salaries of county officers whose term of office begins prior

to January 1, 2002, shall be as follows:

                                        County


                                        Treasurers,


            County          County      Assessors,


            Commissioners       Sheriffs        and Clerks

(a) Category I 63,203 71,293 63,203

(b) Category II 51,827 57,768 51,827

(c) Category III 41,714 53,091 41,714

(d) Category IV 35,394 47,782 35,394

(e) Category V 32,613 36,405 32,613

(2.1)  On and after January 1, 2002, but prior to January 1, 2007, the annual

salaries of county officers whose term of office begins on or after January 1, 2002, but prior to January 1, 2007, shall be as follows:

                            County


                            Treasurers,


        County      County  Assessors,      County


        Commissioners   Sheriffs    and Clerks      Coroners

(a) Category I 63,203 95,000 75,500 75,500

(b) Category II 51,827 75,000 62,000 32,000

(c) Category III 41,714 65,000 50,000 25,000

(d) Category IV 35,394 57,000 42,500 17,000

(e) Category V 32,613 42,000 37,500 6,500

(2.2)  On and after January 1, 2007, but prior to January 1, 2016, the annual

salary of a county officer whose term of office begins on or after January 1, 2007, but prior to January 1, 2016, is as follows:

                        County


                        Treasurers,


    County      County  Assessors,  County  County


    Commissioners   Sheriffs    and Clerks  Coroners    Surveyors

(a) Category I 87,300 111,100 87,300 87,300 5,500

(b) Category II 72,500 87,700 72,500 44,200 4,400

(c) Category III 58,500 76,000 58,500 33,100 3,300

(d) Category IV 49,700 66,600 49,700 22,100 2,200

(e) Category V 43,800 49,100 43,800 9,900 1,100

(f) Category VI 39,700 46,500 39,700 9,000 1,000

(2.3) (a)  Except as provided in subsections (2.3)(b) to (2.3)(f) of this section,

on and after January 1, 2016, the annual salary of a county officer whose term of office begins on or after such date is as follows:

[Insert 30-2-102(2.3)(a).pdf here]

(b)  Prior to January 1, 2018, and prior to January 1 each two years thereafter,

the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the amount of each annual salary in each category specified in subsection (2.3)(a) of this section in accordance with the percentage change over the period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. The director of research shall post the adjusted annual salary amounts on the website of the general assembly. The annual salary of a county officer whose term of office begins on or after the date the salaries have been adjusted pursuant to this subsection (2.3)(b) must be as adjusted by the director of research.

(c)  The annual salaries of full-time coroners for category II, III, and IV

counties, as displayed in bold text and within parentheses in the table in subsection (2.3)(a) of this section, apply only to coroners whose terms begin on or after January 1, 2023, and must be adjusted prior to January 1, 2024, and prior to January 1 each two years thereafter in accordance with subsection (2.3)(b) of this section.

(d)  The salary of a full-time category II coroner is equal to the salary of a

category II county commissioner, category II county treasurer, category II county assessor, and category II county clerk as indicated by the table in subsection (2.3)(a) of this section. The board of county commissioners may decline the full-time status of a category II coroner for cause, but only after the coroner is given notice and an opportunity to be heard by the board of county commissioners in a public hearing.

(e)  A coroner in a category III county may, in consultation with and with

approval by the board of county commissioners, determine if a full-time position is appropriate. If a full-time position is agreed upon, the salary of a full-time category III coroner is equal to the salary of a category III county commissioner, category III county treasurer, category III county assessor, and category III county clerk as indicated by the table in subsection (2.3)(a) of this section.

(f)  A coroner in a category IV county may, in consultation with and with

approval by the board of county commissioners, determine if a full-time position is appropriate. If a full-time position is agreed upon, the salary of a full-time category IV coroner shall be equal to the salary of a category IV county commissioner, category IV county treasurer, category IV county assessor, and category IV county clerk as indicated by the table in subsection (2.3)(a) of this section.

(2.5)  Repealed.


(2.7)  (Deleted by amendment, L. 97, p. 308, � 1, effective August 6, 1997.)


(2.8)  The general assembly hereby finds and declares that:


(a)  The rate of compensation of elected county officers shall be provided in

accordance with the provisions set forth in section 15 of article XIV of the state constitution;

(b)  The salaries of county commissioners, sheriffs, treasurers, assessors,

clerk and recorders, coroners, and surveyors have been fixed by law through the enactment of this section.

(c)  (Deleted by amendment, L. 98, p. 409, � 1, effective April 21, 1998.)


(3)(a) to (d)  Repealed.


(e)  Except as provided in subsection (3)(f) of this section, no elected county

officer shall have his or her compensation increased or decreased during the term of office to which he or she has been elected or appointed. All actual and necessary expenses of an elected officer incurred while engaged in business on behalf of the county may be allowed by the board of county commissioners and paid out of the county treasury.

(f)  An elected county officer in a county classified for salary purposes under

subsection (1.5)(a)(III), (1.5)(a)(IV), (1.5)(a)(V), or (1.5)(a)(VI) of this section may elect in his or her sole discretion to receive an amount of salary that is lower than the amount provided for in this section. The amount of the lower salary received by an officer shall be fifty percent of the amount of the salary otherwise provided for the officer as set forth in this section. Any such election shall be set forth in writing and recorded with the office of the county clerk and recorder during the month of November. Any additional money available to a county as a result of an elected county officer making an election pursuant to this subsection (3)(f) shall remain available for expenditure in the county general fund. An elected county officer who elects to receive a lower salary pursuant to this subsection (3)(f) may subsequently elect to receive a higher salary so long as the amount of the higher salary does not exceed the amount provided for in this section. In no event shall an elected county officer make more than one election per year pursuant to this subsection (3)(f).

(4)  The board of county commissioners may adjust the salaries established in

this section pro rata for county officers working part-time.

(5)  The salaries established pursuant to this section shall remain in effect

until such time that section 15 of article XIV of the constitution of the state of Colorado is amended to authorize or direct the board of county commissioners in each county to fix the compensation of county officers.

(6)  If any provision of this section is found to be unconstitutional by a court

of competent jurisdiction, the remaining provisions of this section are valid, unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed.

Source: L. 52: p. 111, � 3. CSA: C. 66, � 58(7f). L. 53: p. 297, � 3. CRS 53: � 56-2-4. L. 57: p. 372, � 1. L. 58: p. 233, � 1. L. 61: p. 379, ��1, 2. L. 62: p. 163, � 3. L. 70:

R&RE, p. 192, � 1. C.R.S. 1963: � 30-2-102. L. 73: p. 624, � 1. L. 77: Entire section amended, p. 1432, � 1, effective July 1. L. 81: Entire section R&RE, p. 1423, � 1, effective June 6. L. 86: (1)(a) to (1)(c), (1)(e), and (1)(f) amended, (2.5) added, and (3)(a) to (3)(d) repealed, pp. 1032, 1033, �� 1, 2, effective May 5. L. 87: (2.5)(b) repealed, p. 1582, � 40, effective July 10. L. 88: (3)(e) amended, p. 917, � 3, effective April 14. L. 89: (2) R&RE, (2.3) added, and (2.5)(a) amended, p. 1272, �� 1, 2, effective May 17. L. 90: (1) and (2) R&RE and (2.3) and (2.5)(a) repealed, pp. 1442, 1443, �� 1, 2, effective April 17. L. 91: (1)(a) and (1)(b) amended, p. 714, � 1, effective March 28. L. 92: (2.7) added, p. 965, � 3, effective June 1. L. 97: (1), (2), and (2.7) amended and (2.8) added, p. 308, � 1, effective August 6. L. 98: (1) and (2.8)(c) amended, p. 409, � 1, effective April 21. L. 2000: (2) amended and (2.1) added, p. 295, � 1, effective July 1. L. 2001: (1)(d), (1)(e), (2), and (2.1) amended, p. 449, � 1, effective August 8. L. 2002: (1)(d) and (1)(e) amended, p. 7, � 1, effective August 7; (2.1) amended, p. 365, � 1, effective August 7. L. 2003: (1)(c) and (1)(d) amended, p. 808, � 1, effective March 28. L. 2005: (1)(c) and (1)(d) amended, p. 374, � 1, effective August 8. L. 2006: (1)(e), IP(2.1), and (2.8)(b) amended and (1)(f) and (2.2) added, p. 448, �� 1, 2, effective August 7. L. 2009: (1)(c) and (1)(d) amended, (HB 09-1203), ch. 102, p. 377, � 2, effective August 5. L. 2014: (1)(e) and (1)(f) amended, (HB 14-1223), ch. 87, p. 332, � 1, effective August 6; (1)(e) and (1)(f) amended, (HB 14-1307), ch. 163, p. 573, � 1, effective August 6. L. 2015: (1)(b) and (1)(c) amended, (HB 15-1256), ch. 91, p. 261, � 1, effective August 5; IP(1) and (2.2) amended, (1.5) added, and (2.3) RC&RE, (SB 15-288), ch. 270, p. 1060, � 3, effective January 1, 2016. L. 2016: (1.5)(a) amended, (HB 16-1367), ch. 301, p. 1217, � 1, effective June 10. L. 2017: (1.5)(a)(IV)(A) and (1.5)(a)(IV)(B) amended, (HB 17-1128), ch. 28, p. 83, � 1, effective March 8. L. 2018: (2.3)(b) amended, (HB 18-1375), ch. 274, p. 1715, � 67, effective May 29; (1.5)(a)(III)(B), (1.5)(a)(III)(D), (1.5)(a)(IV)(C), (1.5)(a)(V)(B), (1.5)(a)(V)(D), and (1.5)(a)(VI) amended and (1.5)(a)(IV)(D) repealed, (HB 18-1242), ch. 141, p. 917, � 1, effective August 8. L. 2020: (1.5)(a)(III)(A), (1.5)(a)(III)(B), (1.5)(a)(IV)(B), and (1.5)(a)(IV)(C) amended, (HB 20-1281), ch. 136, p. 590, � 1, effective September 14; (3)(e) amended and (3)(f) added, (HB 20-1029), ch. 242, p. 1165, � 1, effective September 14. L. 2022: (2.3)(a) amended and (2.3)(c), (2.3)(d), (2.3)(e), and (2.3)(f) added, (SB 22-065), ch. 45, p. 221, � 1, effective August 10. L. 2023: (1.5)(a)(I)(A), (1.5)(a)(II), (1.5)(a)(III), (1.5)(a)(IV)(A), (1.5)(a)(V)(A), and (1.5)(a)(V)(B) amended, (HB 23-1139), ch. 38, p. 154, � 1, effective August 7. L. 2024: (1.5)(a)(II)(B), (1.5)(a)(III)(A), (1.5)(a)(III)(C), (1.5)(a)(IV)(A), (1.5)(a)(IV)(C), (1.5)(a)(V)(A), and (1.5)(a)(V)(B) amended and (1.5)(a)(II)(C) repealed, (SB 24-138), ch. 57, p. 197, � 1, effective August 7.

Editor's note: Amendments to subsections (1)(e) and (1)(f) by HB 14-1223 and

HB 14-1307 were harmonized.

C.R.S. § 30-20-602

30-20-602. Definitions. As used in this part 6, unless the context otherwise requires:

(1)  Assessment unit means an area within a district which is separately

defined for determining assessments payable pursuant to this part 6.

(1.5)  Board means:


(a)  The board of county commissioners of a county or city and county.


(b)  Repealed.


(1.7) and (1.8)  Repealed.


(2)  District means the geographical division of the county or counties

within which any local improvements are made or proposed, when so declared by resolution of the board. There may be noncontiguous parts or sections within the same county included in one district; except that, in a district in which a sales tax is levied, a noncontiguous part or section may only be included if the owners of any property within such part or section petitioned to be included in the district. No district shall include territory that is included in an undissolved district that was formed for the same type of improvement. Notwithstanding any other provision of this part 6 and except in the case of a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado, no district in which a sales tax is levied pursuant to section 30-20-604.5 shall be formed that includes territory within a municipality, and any such district shall be as compact as possible. Except as provided in section 30-20-603 (11.5)(b)(I), no district that crosses county boundaries may be formed by intergovernmental agreement or otherwise.

(2.5)  Drainage facility means any land and improvements thereon, if any,

used for the conveyance of water runoff.

(2.7) (a)  Elector of the district means a person who, at the designated time

or event, is registered to vote in accordance with the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., and:

(I)  Who is a resident of the district or the area to be included in the district; or


(II)  Who or whose spouse or civil union partner owns taxable real or personal

property within the district or the area to be included in the district whether or not said person resides within the district.

(b)  Where the owner of taxable real or personal property specified in

subparagraph (II) of paragraph (a) of this subsection (2.7) is not a natural person, an elector of the district shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the county clerk and recorder. Only one such person may be designated by an owner.

(2.8)  Energy efficiency improvement means an installation or modification

that is designed to reduce energy consumption in residential or commercial buildings and includes, but is not limited to, the following:

(a)  Insulation in walls, roofs, floors, and foundations and in heating and

cooling distribution systems;

(b)  Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems,

additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(c)  Automatic energy control systems;


(d)  Heating, ventilating, or air conditioning and distribution system

modifications or replacements in buildings or central plants;

(e)  Caulking and weatherstripping;


(f)  Replacement or modification of lighting fixtures to increase the energy

efficiency of the system without increasing the overall illumination of a residential or commercial building unless such increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;

(g)  Energy recovery systems;


(h)  Daylighting systems; and


(i)  Any other modification, installation, or remodeling approved as a utility

cost-savings measure by the board.

(2.9)  Informational products and materials means any marketing or

advertising device used to promote the general development of business within a district, but does not include any marketing or advertising device used to promote a single store or company.

(3)  Owner means the person holding record fee title to real property;

except that a person obligated to pay general taxes under a contract to purchase real property shall be considered the owner thereof for the purposes of this part 6, and in such case any other person holding record fee title to such property shall not be considered the owner thereof.

(4)  Property means all land, whether platted or unplatted, regardless of

improvements thereon and regardless of lot or land lines. Lots may be designated in accordance with any recorded map or plat thereof and unplatted lands by any definite description.

(4.3)  Qualified community location means:


(a)  If the affected local electric utility is not an investor-owned utility, an off-site location of a renewable energy improvement that:


(I)  Is wholly owned, through either an undivided or a fractional interest, by

the owner or owners of the residential or commercial building or buildings that are directly benefited by the renewable energy improvement;

(II)  Provides energy as a direct credit on the owner's utility bill; and


(III)  Is an encumbrance on the property specifically benefited;


(b)  If the affected local electric utility is an investor-owned utility, a

community solar garden, as that term is defined in section 40-2-127 (2), or a community geothermal garden, as that term is defined in section 40-2-127.5 (2).

(4.5)  Registered elector means an elector, as defined in section 1-1-104 (12),

C.R.S., who has complied with the registration provisions of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., and who resides within or is eligible to vote in the county.

(4.7) (a)  Renewable energy improvement means a fixture, product, system,

device, or interacting group of devices that produces energy from renewable resources, including photovoltaic systems, solar thermal systems, small wind systems, biomass systems, hydroelectric systems, or geothermal systems, as may be included in the approval of the district by the board, and that either:

(I)  Is installed behind the meter of a residential or commercial building; or


(II)  Directly benefits a residential or commercial building through a qualified

community location.

(b)  No renewable energy improvement shall be authorized that interferes

with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this part 6 limits the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities, or modifies or expands the net metering limitations established in sections 40-2-124 (7) and 40-9.5-118, C.R.S. Primary jurisdiction to hear any disputes concerning whether a renewable energy improvement interferes with such a right shall lie:

(I)  In the case of a regulated utility, with the public utilities commission; and


(II)  In the case of a municipally owned utility, with the governing body of such

municipality.

(c)  Renewable energy improvement includes an improvement to the

efficiency of a traditional energy fixture.

(5)  Street means any road or other public thoroughfare.


(6)  Unincorporated area means any territory within a county which is not

within the boundaries of any municipality.

Source: L. 73: p. 483, � 1. C.R.S. 1963: � 36-30-2. L. 83: (1.5) added, p. 1235, �

2, effective June 3. L. 86: (1), (1.5), and (2) R&RE and (2.5) added, p. 1058, �� 25, 26, effective April 17. L. 87: (2) amended, p. 1210, � 2, effective May 7. L. 99: (2.7) and (4.5) added, p. 515, � 12, effective April 30. L. 2000: (1.5) and (2) amended and (1.7) and (1.8) added, p. 1989, � 2, effective August 2. L. 2002: (2.9) added, p. 335, � 1, effective April 19; (2.7) amended, p. 268, � 6, effective August 7. L. 2008: (2.8) and (4.7) added, p. 1295, � 9, effective May 27. L. 2010: (2) and (4.7) amended and (4.3) added, (SB 10-100), ch. 207, p. 899, � 1, effective May 5. L. 2012: (4.7)(c) added, (HB 12-1315), ch. 224, p. 975, � 37, effective July 1. L. 2013: (2) amended, (HB 13-1036), ch. 182, p. 669, � 1, effective August 7. L. 2014: (2.7)(a) amended, (HB 14-1164), ch. 2, p. 58, � 9, effective February 18. L. 2022: (4.3)(b) amended, (SB 22-118), ch. 335, p. 2379, � 13, effective August 10. L. 2023: (4.3)(b) amended, (HB 23-1301), ch. 303, p. 1839, � 71, effective August 7.

Editor's note: Subsection (1.5)(b)(II) provided for the repeal of subsection

(1.5)(b), effective December 31, 2002. (See L. 2000, p. 1989.) Subsection (1.7)(b) provided for the repeal of subsection (1.7), effective December 31, 2002. (See L. 2000, p. 1989.) Subsection (1.8)(b) provided for the repeal of subsection (1.8), effective December 31, 2002. (See L. 2000, p. 1989.)

Cross references: (1)  For definitions applicable to this part 6, see � 30-26-301 (2)(d).


(2)  For the legislative declaration in HB 14-1164, see section 1 of chapter 2,

Session Laws of Colorado 2014.

C.R.S. § 30-26-513

30-26-513. Construction of this part 5. This part 5 shall be liberally construed to effectuate the legislative intent and the purposes of this part 5 as the complete and independent authority for the performance of each and every act and thing authorized in this part 5. All the powers granted in this part 5 shall be broadly interpreted to effectuate such intent and purposes and shall not be interpreted as a limitation of such powers.

Source: L. 82: Entire part added, p. 489, � 1, effective July 1.

COUNTY PLANNING AND BUILDING CODES

ARTICLE 28

County Planning and Building Codes

Cross references: For definitions applicable to this article, see � 30-26-301

(2)(d).

Law reviews: For article, Land Use Decisionmaking: Legislative or Quasi-judicial Action, see 18 Colo. Law. 241 (1989); for article, Transferable Development

Rights and Their Application in Colorado: An Overview, see 34 Colo. Law. 75 (March 2005).

PART 1

COUNTY PLANNING

C.R.S. § 30-28-110

30-28-110. Regional planning commission approval - required when - recording. (1) (a) Whenever any county planning commission or, if there is none, any regional planning commission has adopted a master plan of the county or any part thereof, no road, park, or other public way, ground, or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the unincorporated territory of the county until and unless the proposed location and extent thereof has been submitted to and approved by such county or regional planning commission.

(b)  In case of disapproval, the commission shall communicate its reasons to

the board of county commissioners of the county in which the public way, ground, space, building, structure, or utility is proposed to be located. Such board has the power to overrule such disapproval by a vote of not less than a majority of its entire membership. Upon such overruling, said board or other official in charge of the proposed construction or authorization may proceed therewith.

(c)  If the public way, ground, space, building, structure, or utility is one the

authorization or financing of which does not, under the law governing the same, fall within the province of the board of county commissioners or other county officials or board, the submission to the commission shall be by the body or official having such jurisdiction, and the commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. In the case of a utility owned by an entity other than a political subdivision, the submission to the commission shall be by the utility and shall not be by the public utilities commission; however, the commission's disapproval may be overruled by the public utilities commission by a vote of not less than a majority of its entire membership.

(d)  The acceptance, widening, removal, extension, relocation, narrowing,

vacation, abandonment, change of use, or sale or lease of or acquisition of land for any road, park, or other public way, ground, place, property, or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled.

(e)  The failure of the commission to act within thirty days after the date of

official submission to it shall be deemed approval, unless a longer period is granted by the submitting board, body, or official.

(2) (a)  In any geographic area of common planning jurisdiction, which area

consists of part or all of several counties for which a regional plan has been duly adopted, the district, county, or municipal planning commission shall refer to the regional planning commission for review any proposed new or changed land use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban renewal projects, proposed public facilities, or other planning functions which clearly affect another local governmental unit, or which affect the region as a whole, or which are the subject of primary responsibility of the regional planning commission.

(b)  In any geographic area of common planning jurisdiction which involves

part or all of only one county for which a regional plan has been duly adopted, the district, county, or municipal planning commission shall refer to the regional planning commission for review any proposed new or changed land use plan, zoning amendments, subdivision proposals, housing codes, sign codes, urban renewal projects, proposed public facilities, or other planning functions which clearly affect another local governmental unit, or which affect the region as a whole, or which are the subject of primary responsibility of the regional planning commission.

(c)  The regional planning commission shall, within thirty days after the

receipt of such referral, report to the district, county, or municipal planning commission on the effect of the referred matter on the regional plan. This time may be extended by mutual agreement. If, during the review time, a satisfactory adjustment in the referred matter cannot be worked out, the regional planning commission may report to the district, county, or municipal planning commission that this referred matter is inconsistent with the regional plan. In that case, if the district, county, or municipality has theretofore adopted the regional plan for the development of its area, the concurrent vote of two-thirds of the total membership of the district, county, or municipal planning commission shall be required to issue a different independent report on such matters. In all instances, the regional planning commission may also forward its report on the referred matter to the governing body of the governmental unit having authority to decide the matter.

(d)  The failure of the regional planning commission to reply within thirty days

after the receipt of the referral, or within the agreed extension of time, shall be deemed approval of the matter referred.

(e)  A failure on the part of any district, county, or municipal planning

commission to refer to the regional planning commission any plan or authorization provided for in paragraphs (a) and (b) of this subsection (2) shall be deemed a determination by such district, county, or municipal planning commission that the matter is local in nature.

(f)  The regional planning commission, on its own initiative, may initiate a

review of any matter involving its regional planning functions, whether such matter has been referred to it or not, if the subject of the review affects two or more local jurisdictions and may make a report of the result of such review to the governing bodies of the jurisdictions involved.

(g)  The provisions of this subsection (2) shall not apply to any proposed

business or industrial zoning change of less than twenty acres nor to any proposed residential zoning change or subdivision of less than forty acres.

(3) (a)  All plans of streets or highways for public use, and all plans, plats,

plots, and replots of land laid out in subdivision or building lots and the streets, highways, alleys, or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the board of county commissioners for review and subsequent approval, conditional approval, or disapproval. It is not lawful to record any such plan or plat in any public office unless the same bears thereon, by endorsement or otherwise, the approval of the board of county commissioners and after review by the appropriate planning commission.

(b)  The approval of said plan or plat by such commission shall not be deemed

an acceptance of the proposed dedication by the public. Such acceptance, if any, shall be given by action of the governing body of the municipality or by the board of county commissioners. The owners and purchasers of such lots shall be presumed to have notice of public plans, maps, and reports of such commission affecting such property within its jurisdiction.

(4) (a)  Any subdivider, or agent of a subdivider, who transfers legal or

equitable title or sells any subdivided land before a final plat for such subdivided land has been approved by the board of county commissioners and recorded or filed in the office of the county clerk and recorder is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars nor less than five hundred dollars for each parcel of or interest in subdivided land which is sold. All fines collected under this paragraph (a) shall be credited to the general fund of the county. No person shall be prosecuted, tried, or punished under this paragraph (a) unless the indictment, information, complaint, or action for the same is instituted prior to the expiration of eighteen months after the recordation or filing in the office of the county clerk and recorder of the instrument transferring or selling such subdivided land. The board of county commissioners may provide for the enforcement of subdivision regulations by means of withholding building permits. No plat for subdivided land shall be approved by the board of county commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer's office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.

(b)  The board of county commissioners of the county in which the subdivided

land is located has the power to bring an action to enjoin any subdivider from selling subdivided land before a final plat for such subdivided land has been approved by the board of county commissioners.

(c)  The board of county commissioners shall distribute, or cause to be

distributed, the sets of plans or plats submitted to the agencies as referred to in section 30-28-136 (1).

(d)  Any violation of paragraph (a) of this subsection (4) is prima facie

evidence of a fraudulent land transaction and shall be grounds for the purchaser to void the transfer or sale.

(e)  This subsection (4) applies only with respect to parcels of land less than

thirty-five acres in area.

(5) (a)  Notice of the filing of preliminary plans of any type required by this

section to be submitted to a district, regional, or county planning commission or to the board of county commissioners, if the situs of these plans lies wholly or partially within two miles of the corporate limits of a municipality but not within the corporate limits of another municipality, shall be referred to the town or city clerk of such municipality by the county planning commission or, if there be none, by the board of county commissioners. Within fourteen days of the receipt of such plans, the municipality, by action of its city council or town board, or, if one exists, by action of its planning commission, may make its recommendations to the board of county commissioners, which shall forward the same to the district, regional, or county planning commission, if any. Failure of the town board, city council, or agents designated by them to make any recommendation within fourteen days of the receipt of such plans shall constitute waiver of its right to make such recommendation.

(b)  If such recommendation is made by the municipality, it shall be taken into

consideration by the board of county commissioners and district, regional, or county planning commission, if any, before action is taken upon the plans. The board of county commissioners and district, regional, or county planning commission, if any, shall take no action on such plans until the recommendation of the municipality is received or until fifteen days after receipt of the preliminary plans, whichever is sooner.

Source: L. 39: p. 298, � 9. CSA: C. 45A, � 9. CRS 53: � 106-2-9. L. 59: p. 619, �

1. L. 61: p. 592, � 3. C.R.S. 1963: � 106-2-9. L. 72: pp. 498, 499, �� 2, 3. L. 79: (4)(a) amended, p. 1166, � 1, effective June 15. L. 83: (1)(c) amended, p. 1252, � 1, effective June 3; (4)(a) and (4)(b) amended and (4)(d) and (4)(e) added, p. 1250, � 2, effective July 1.

   Cross references: For required monumentation within a subdivision before sales contract is executed, see � 38-51-105 (3) and (4).

C.R.S. § 30-28-113

30-28-113. Regulation of size and use - districts - definitions - repeal. (1) (a) Except as otherwise provided in section 34-1-305, C.R.S., when the county planning commission of any county makes, adopts, and certifies to the board of county commissioners plans for zoning the unincorporated territory within any county, or any part thereof, including both the full text of a zoning resolution and the maps, after public hearing thereon, the board of county commissioners, by resolution, may regulate, in any portions of such county that lie outside of cities and towns:

(I)  The location, height, bulk, and size of buildings and other structures;


(II)  The percentage of lots that may be occupied;


(III)  The size of yards, courts, and other open spaces;


(IV)  The uses of buildings and structures for trade, industry, residence,

recreation, public activities, or other purposes;

(V)  Access to sunlight for solar energy devices; and


(VI)  The uses of land for trade, industry, residence, recreation, or other

purposes and for flood control.

(b) (I)  In order to accomplish such regulation, the board of county

commissioners:

(A)  May divide the territory of the county that lies outside of cities and towns

into districts or zones of such number, shape, or area as it may determine, and, within such districts or any of them, may regulate the erection, construction, reconstruction, alteration, and uses of buildings and structures and the uses of land; and

(B)  May require and provide for the issuance of building permits as a

condition precedent to the right to erect, construct, reconstruct, or alter any building or structure within any district covered by such zoning resolution.

(II) (A)  Except as otherwise provided in this section, the aggregate of all

charges or other related or associated fees a county shall impose or assess to install an active solar energy system or geothermal energy system shall not exceed the lesser of the county's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the county's actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A county may increase its fees or other charges as authorized by this subsection (1)(b)(II) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (1)(b)(II) is achieved. The county shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (1)(b)(II) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (1)(b)(II) is a matter of statewide concern. This subsection (1)(b)(II) is repealed, effective December 31, 2029.

(B)  In the case of a nonresidential application, on an individual installation

basis only, if the county incurs actual costs for issuing the permit that are greater than one thousand dollars, the county is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the county's actual costs.

(C)  As used in this subsection (1)(b)(II), active solar energy system means a

single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and geothermal energy system means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation.

(2)  The county planning commission may make and certify a single plan for

the entire unincorporated portion of the county or separate and successive plans for those parts which it deems to be urbanized or suitable for urban development and those parts which, by reason of distance from existing urban communities or for other causes, it deems suitable for nonurban development. Any resolution adopted by the board of county commissioners may cover and include the unincorporated territory covered and included in any such single plan or in any of such separate and successive plans. No resolution covering more or less than the territory covered by any such certified plan shall be adopted or put into effect until and unless it is first submitted to the county planning commission which certified the plan to the board of county commissioners and is approved by said commission or, if disapproved, receives the favorable vote of not less than a majority of the entire membership of such board. All such regulations shall be uniform for each class or kind of building or structure throughout any district, but the regulations in any one district may differ from those in other districts.

Source: L. 39: p. 300, � 12. CSA: C. 45A, � 12. CRS 53: � 106-2-12. C.R.S.

1963: � 106-2-12. L. 66: p. 43, � 6. L. 73: p. 1054, � 18. L. 79: (1) amended, p. 1160, � 4, effective January 1, 1980. L. 2008: (1) amended, p. 892, � 1, effective May 20. L. 2011: (1)(b)(II) amended, (HB 11-1199), ch. 311, p. 1518, � 2, effective June 10. L. 2017: (1)(b)(II) amended, (SB 17-179), ch. 170, p. 621, � 2, effective August 9. L. 2021: (1)(b)(II) amended, (HB 21-1284), ch. 327, p. 2090, � 3, effective September 7. L. 2022: (1)(b)(II)(A) and (1)(b)(II)(C) amended, (SB 22-118), ch. 335, p. 2371, � 6, effective August 10.

Cross references: (1)  In 2011, subsection (1)(b)(II) was amended by the Fair

Permit Act. For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011.

(2)  For the legislative declaration in HB 21-1284, see section 1 of chapter

327, Session Laws of Colorado 2021.

C.R.S. § 30-28-114

30-28-114. Enforcement - inspector - permits. The board of county commissioners may provide for the enforcement of the zoning regulations by means of the withholding of building permits, and, for such purpose, may establish and fill a position of county building inspector and may fix the compensation attached to said position, or may authorize one or more administrative officials of the county to assume some or all functions of such position in addition to their customary functions. Such board may also fix a reasonable schedule of fees for the issuance of such permits. After the establishment of such position and the filling of the same, it shall be unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within the unincorporated territory covered by such zoning regulations without obtaining a building permit from such county building inspector. Such building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or use fully conform to all zoning regulations then in effect.

Source: L. 39: p. 300, � 13. CSA: C. 45A, � 13. CRS 53: � 106-2-13. C.R.S.

1963: � 106-2-13. L. 77: Entire section amended, p. 1458, � 1, effective June 9.

C.R.S. § 30-28-115

30-28-115. Public welfare to be promoted - legislative declaration - construction - definitions. (1) Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of the state, including lessening the congestion in the streets or roads or reducing the waste of excessive amounts of roads, promoting energy conservation, securing safety from fire, floodwaters, and other dangers, providing adequate light and air, classifying land uses and distributing land development and utilization, protecting the tax base, securing economy in governmental expenditures, fostering the state's agricultural and other industries, and protecting both urban and nonurban development.

(1.5) (a)  The general assembly finds and declares that access to outpatient

clinical facilities providing reproductive health care, as defined in section 25-6-402 (4), is a matter of statewide concern and that, for purposes of zoning and other land use planning, such facilities fall within the meaning of a medical office use, a medical clinic use, a health-care use, and other facilities that provide outpatient health-care services.

(b)  For the purposes of zoning and other land use planning, every local

government that has adopted or adopts a zoning ordinance shall recognize the provision of outpatient reproductive health care, as defined in section 25-6-402 (4), as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use.

(c)  Nothing in this subsection (1.5) restricts or supersedes the authority of a

local government to enact uniform zoning ordinances and other land use regulations that comply with this subsection (1.5).

(2) (a)  The general assembly hereby finds and declares that it is the policy of

the state to assist persons who have an intellectual and developmental disability to live in typical residential surroundings. Further, the general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and developmental disabilities, which are known as community residential homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern and that a state-licensed group home for eight persons with intellectual and developmental disabilities is a residential use of property for zoning purposes. The phrase residential use of property for zoning purposes, as used in this subsection (2), includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, person with a developmental disability has the same meaning as person with an intellectual and developmental disability as set forth in section 25.5-10-202, C.R.S.

(b) (I)  (Deleted by amendment, L. 2001, p. 103, � 1, effective March 21, 2001.)


(II)  The general assembly declares that the establishment of group homes

for the aged for the exclusive use of not more than eight persons sixty years of age or older per home is a matter of statewide concern. The general assembly further finds and declares that it is the policy of this state to enable and assist persons sixty years of age or older who do not need nursing facilities and who so elect to live in normal residential surroundings, including single-family residential units. Group homes for the aged must be distinguished from nursing facilities, as defined in section 25.5-4-103, and institutions providing life care, as defined in section 11-49-101. Every county that adopts a zoning ordinance shall provide for the location of group homes for the aged. A group home for the aged established under this subsection (2)(b)(II) must not be located within seven hundred fifty feet of another group home, unless otherwise provided for by the county.

(b.5)  The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental

health disorders, as defined in section 27-65-102, is a matter of statewide concern and that a state-licensed group home for eight persons with behavioral or mental health disorders is a residential use of property for zoning purposes, as defined in section 31-23-301 (4). A group home for persons with behavioral or mental health disorders established pursuant to this subsection (2)(b.5) must not be located within seven hundred fifty feet of another such group home or of another group home as described in subsections (2)(a) and (2)(b) of this section, unless otherwise provided for by the county. A person must not be placed in a group home without being screened by either a professional person, as defined in section 27-65-102 (27), or any other mental health professional designated by the director of a facility, which facility is approved by the commissioner of the behavioral health administration. Persons determined to be not guilty by reason of insanity to a violent offense must not be placed in such group homes, and any person who has been convicted of a felony involving a violent offense is not eligible for placement in such group homes. This subsection (2)(b.5) must be implemented, where appropriate, by the rules of the department of public health and environment concerning residential treatment facilities for persons with behavioral or mental health disorders. Nothing in this subsection (2)(b.5) exempts such group homes from compliance with any state, county, or municipal health, safety, and fire codes.

(b.7)  The general assembly finds and declares that it is the policy of the

state to encourage, promote, and assist persons who are in recovery from substance use disorders to live in residential neighborhoods. Further, the general assembly declares that the use of recovery residences, as defined in section 27-80-129 (1)(b), by persons in recovery from substance use disorders is a matter of statewide concern and that recovery residences are a residential use of property for zoning purposes and subject only to the regulations of like dwellings in the same zone.

(c)  Nothing in this subsection (2) shall be construed to supersede the

authority of municipalities and counties to regulate such homes appropriately through local zoning ordinances or resolutions, except insofar as such regulation would be tantamount to prohibition of such homes from any residential district. This section is specifically not to be construed to permit violation of the provisions of any zoning ordinance or resolution with respect to height, setbacks, area, lot coverage, or external signage or to permit architectural designs substantially inconsistent with the character of the surrounding neighborhood. This section is also not to be construed to permit conducting of the ministerial activities of any private or public organization or agency or to permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. If reasonably related to the requirements of a particular home, a local zoning or other development regulation may, without violating the provisions of this section, also attach specific location requirements to the approval of the group home, including the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities.

(2.5)  In connection with an application for development approval of the siting

of a new facility to be used exclusively as a group home for the aged or for at-risk adults under the county's subdivision, zoning, platting, planned unit development, or other similar land development regulations, in addition to any other information required to be submitted, the county may request the applicant to submit a transportation plan showing how the operators of the facility intend to meet the transportation needs of the residents of the facility. The sufficiency of the transportation plan submitted pursuant to this subsection (2.5) may be considered by the county in reviewing the application but may not, by itself, constitute grounds for denying the application.

(3) (a)  As used in this subsection (3), unless the context otherwise requires:


(I)  Repealed.


(II)  Equivalent performance engineering basis means that by using

engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units.

(b) (I)  No county may have or enact zoning regulations, subdivision

regulations, or any other regulation affecting development, which exclude or have the effect of excluding homes or structures from the county that are:

(A)  Factory-built structures, as defined in section 24-32-3302 (11) and

certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf;

(B)  Manufactured homes certified by the United States department of

housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or

(C)  Homes that meet or exceed, on an equivalent performance engineering

basis, standards established by the county building code.

(I.5)  A county shall not impose more restrictive standards on factory-built

structures than those the county applies to site-built homes in the same residential zones. As used in this subsection (3)(b)(I.5), restrictive standards means zoning regulations, subdivision regulations, and any other regulation affecting development, including standards related to:

(A)  Home size or sectional requirements;


(B)  Improvement location;


(C)  Minimum floor space;


(D)  Permanent foundations;


(E)  Setback standards; and


(F)  Side-yard standards.


(II)  Nothing in this subsection (3) prevents a county from enacting any

zoning, developmental, use, aesthetic, or historical standard, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard, and setback standards to the extent that such standards or requirements are applicable to existing similar housing or structures or new site-built housing within the specific use district of the county.

(III)  Nothing in this subsection (3) precludes any county from enacting county

building code provisions for unique public safety requirements such as snow load roof, wind shear, wildfire risk, and energy conservation factors, unless it is a factory-built structure certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf or a manufactured home certified by the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf. A county must comply with the requirements established by the division of housing for factory-built structures and the United States department of housing and urban development for manufactured homes.

(IV)  Nothing in this subsection (3) shall be deemed to supersede any valid

covenants running with the land.

Source: L. 39: p. 301, � 14. CSA: C. 45A, � 14. CRS 53: � 106-2-14. C.R.S.

1963: � 106-2-14. L. 66: p. 43, � 7. L. 75: Entire section amended, p. 933, � 56, effective July 14. L. 76: (2)(a.5) added, p. 695, � 1, effective April 29. L. 79: (1) amended, p. 1161, � 5, effective January 1, 1980. L. 84: (3) added, p. 823, � 1, effective January 1, 1985. L. 87: (2)(b.5) added, p. 1216, � 1, effective July 1. L. 90: (2)(b) amended, p. 1476, � 1, effective July 1. L. 91: (2)(b)(II) amended, p. 1858, � 20, effective April 11. L. 94: (2)(b.5) amended, p. 2715, � 297, effective July 1. L. 2001: (2)(a), (2)(b), and (2)(b.5) amended, p. 103, � 1, effective March 21. L. 2006: (2)(b)(II) amended, p. 2021, � 114, effective July 1; (2)(b.5) amended, p. 1407, � 75, effective August 7. L. 2008: (2.5) added, p. 167, � 1, effective August 5. L. 2010: (2)(b.5) amended, (SB 10-175), ch. 188, p. 806, � 81, effective April 29. L. 2013: (2) (a) amended, (HB 13-1314), ch. 323, p. 1812, � 52, effective March 1, 2014. L. 2017: (2)(b.5) amended, (SB 17-242), ch. 263, p. 1378, � 299, effective May 25; (2)(b)(II) amended, (SB 17-226), ch. 159, p. 590, � 9, effective August 9. L. 2021: (3)(a)(I) repealed and (3)(b)(I) and (3)(b)(III) amended, (HB 21-1019), ch. 122, p. 485, � 29, effective September 7. L. 2022: (2)(b.5) amended, (HB 22-1256), ch. 451, p. 3237, � 48, effective August 10. L. 2023: (1.5) added, (SB 23-188), ch. 68, p. 252, � 27, effective April 14. L. 2024: (2)(b.7) added, (SB 24-048), ch. 405, p. 2786, � 7, effective August 7. L. 2025: IP(3)(b)(I), (3)(b)(I)(A), (3)(b)(I)(B), (3)(b)(II), and (3)(b)(III) amended and (3)(b)(I.5) added, (SB 25-002), ch. 172, p. 718, � 8, effective May 8; (2)(b)(II) amended, (HB 25-1184), ch. 210, p. 951, � 11, effective August 6.

Cross references: (1)  For the care and treatment of persons with

developmental disabilities, see article 10.5 of title 27.

(2)  For the legislative declaration in SB 17-242, see section 1 of chapter 263,

Session Laws of Colorado 2017. For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 30-28-118

30-28-118. Appeals to board of adjustment. (1) (a) Appeals to the board of adjustment may be taken by any person aggrieved by his inability to obtain a building permit or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning resolution. Appeals to the board of adjustment may be taken by any officer, department, board, or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning resolution. The time within which such appeal shall be made, and the form or other procedure relating thereto, shall be as specified in the general rules provided by the board of county commissioners to govern the procedure of such board of adjustment or in the supplemental rules of procedure adopted by such board.

(b)  No such appeal to the board of adjustment shall be allowed for building

use violations that may be prosecuted pursuant to section 30-28-124 (1)(b).

(2)  Upon appeals the board of adjustment has the following powers:


(a)  To hear and decide appeals where it is alleged by the appellant that there

is error in any order, requirement, decision, or refusal made by an administrative official or agency based on or made in the enforcement of the zoning resolution;

(b)  To hear and decide, in accordance with the provisions of any such

resolution, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such resolution to pass;

(c)  Where, by reason of exceptional narrowness, shallowness, or shape of a

specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this part 1 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning resolutions. In determining whether difficulties to, or hardship upon, the owner of such property exist, as used in this paragraph (c), the adequacy of access to sunlight for solar energy devices installed on or after January 1, 1980, may properly be considered. Regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation.

(3)  The concurring vote of four members of the board in the case of a five-member board and of three members in the case of a three-member board shall be

necessary to reverse any order, requirement, decision, or determination of any such administrative official or agency or to decide in favor of the appellant.

Source: L. 39: p. 303, � 17. CSA: C. 45A, � 17. CRS 53: � 106-2-17. C.R.S.

1963: � 106-2-17. L. 77: (1) amended, p. 1458, � 2, effective June 9. L. 79: (2)(c) amended, p. 1161, � 7, effective May 25.

C.R.S. § 30-28-135

30-28-135. Safety glazing materials. The board of county commissioners of each county in this state shall adopt standards governing the use of safety glazing materials for hazardous locations in the unincorporated areas of the county. No building permit shall be issued for the construction, reconstruction, or alteration of any structure in the unincorporated area of such county unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The county building inspector shall inspect all places to determine whether such places are in compliance with the standards for the use of safety glazing materials.

Source: L. 71: p. 885, � 2. C.R.S. 1963: � 106-2-36. L. 86: Entire section

amended, p. 501, � 122, effective July 1.

C.R.S. § 30-28-137

30-28-137. Guarantee of public improvements. (1) No final plat shall be recorded until the subdivider has submitted and the board of county commissioners has approved one or a combination of the following:

(a)  A subdivision improvements agreement agreeing to construct any

required public improvements shown in the final plat documents, together with collateral which is sufficient, in the judgment of said board, to make reasonable provision for the completion of said improvements in accordance with design and time specifications; or

(b)  Other agreements or contracts setting forth the plan, method, and

parties responsible for the construction of any required public improvements shown in the final plat documents which, in the judgment of said board, will make reasonable provision for completion of said improvements in accordance with design and time specifications.

(2)  As improvements are completed, the subdivider may apply to the board

of county commissioners for a release of part or all of the collateral deposited with said board. Upon inspection and approval, the board shall release said collateral. If the board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the board of county commissioners determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the board of county commissioners may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement in accordance with the specifications.

(3)  The board of county commissioners or any purchaser of any lot, lots,

tract, or tracts of land subject to a plat restriction which is the security portion of a subdivision improvements agreement shall have the authority to bring an action in any district court to compel the enforcement of any subdivision improvements agreement on the sale, conveyance, or transfer of any such lot, lots, tract, or tracts of land or of any other provision of this part 1. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of title of any lot, lots, tract, or tracts of land contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by any county where so required or otherwise prior to commencement of construction on any such lot, lots, tract, or tracts of land.

(4)  In addition to any other remedy set forth in this part 1, the board of county

commissioners, or any purchaser of any lot, lots, tract, or tracts of land in a recorded plat, shall have the authority to bring an action for injunctive relief to enforce any plat restriction, plat note, plat map, or provision of a subdivision improvements agreement and for damages arising out of failure to adhere to any such plat restriction, plat note, plat map, or provision of a subdivision improvements agreement. Nothing in this part 1 shall require the board of county commissioners to bring any action referred to in this subsection (4).

Source: L. 72: p. 506, � 8. C.R.S. 1963: � 106-2-38. L. 75: (3) added, p. 988, �

3, effective July 14. L. 92: (4) added, p. 967, � 10, effective June 1.

C.R.S. § 30-28-141

30-28-141. Equestrian map and signs. (1) A county may publish a map showing the location of and character of existing or proposed equestrian infrastructure. The map may be published on the county's website. The map must include:

(a)  Equestrian venues, including fairgrounds, equestrian parks, public arenas,

and riding schools;

(b)  Equestrian trail infrastructure, including trails, designated trailer parking,

and access points to trails;

(c)  Equestrian-designated road crossings; and


(d)  Equestrian zones, as defined in section 30-28-106 (9)(a)(II).


(2)  A county may post road signs bearing the universal equestrian sign

symbol and the words wide and slow on roads determined to be equestrian zones in accordance with section 30-28-106 (9)(a)(II).

Source: L. 2025: Entire section added, (SB 25-149), ch. 266, p. 1375, � 5,

effective August 6.

Editor's note: Section 11 of chapter 266 (SB 25-149), Session Laws of

Colorado 2025, provides that the act adding this section applies to offenses committed on or after August 6, 2025.

Cross references: For the legislative declaration in SB 25-149, see section 1

of chapter 266, Session Laws of Colorado 2025.

PART 2

BUILDING CODES

C.R.S. § 30-28-201

30-28-201. Commissioners may adopt - emission performance standards required - reporting. (1) A board of county commissioners is authorized to adopt ordinances and a building code consistent with the uniform building code, 1988 edition, as promulgated by the international conference of building officials and as revised from time to time, in all or part of the county, and not embraced within the limits of any incorporated city or town. Buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry may be excepted. The requirements shall be uniform for each class of dwelling, building, or structure. The board of county commissioners may employ qualified technical experts to assist in the preparation of the text of such ordinances and the area building code.

(2)  By the date established in section 25-7-407, C.R.S., every board of county

commissioners of a county which has enacted a building code, and thereafter every board of county commissioners of a county which enacts a building code, shall enact a building code provision to regulate the construction and installation of fireplaces in order to minimize emission levels. Such building code provision shall contain standards which shall be the same as or stricter than the approved emission performance standards for fireplaces established by the air quality control commission in the department of public health and environment pursuant to section 25-7-407, C.R.S.

(3)  Every board of county commissioners, when adopting or updating any

building code, shall adopt and enforce a building energy code that meets or exceeds the standards in one of the three most recent versions of the international energy conservation code pursuant to section 30-28-211.

(4)  By January 1, 2020, every board of county commissioners of a county

which has enacted a building code and an energy code shall report the current version of their county's building and energy codes to the Colorado energy office. Thereafter, every board of county commissioners is encouraged to report any change in their county's building and energy code to the Colorado energy office within a month of changing their county's building and energy codes.

Source: L. 45: p. 242, � 1. L. 47: p. 364, � 1. CSA: C. 45B, � 1. CRS 53: � 36-15-1. C.R.S. 1963: � 36-15-1. L. 73: p. 472, � 1. L. 84: Entire section amended, p. 782, � 2,

effective April 12. L. 87: (2) amended, p. 1144, � 8, effective June 16. L. 90: (1) amended, p. 1450, � 5, effective July 1. L. 94: (2) amended, p. 2801, � 562, effective July 1. L. 2005: (2) amended, p. 773, � 56, effective June 1. L. 2007: (3) added, p. 695, � 1, effective July 1. L. 2019: (3) amended and (4) added, (HB 19-1260), ch. 357, p. 3284, � 1, effective August 2.

C.R.S. § 30-28-202

30-28-202. Designation of zoned area - hearing. (1) The county planning commission of any county, upon request from the board of county commissioners of the county, may designate part or all of the county for the adoption of a building code. The county planning commission shall certify a copy of the building code to the board of county commissioners of the county. After receiving the certification of said building code from the county planning commission and before the adoption of any building code, the board of county commissioners shall hold a public hearing on the proposed text. The time and place of the hearing shall be designated in a notice to be given by publication once weekly for four consecutive weeks in a newspaper of general circulation in the county. Such notice shall state the place at which the text of the proposed building code may be inspected and the description of the areas to be covered by the code. No substantial change in or departure from the proposed text so certified by the county planning commission shall be made unless such change or departure is first submitted to the certifying county planning commission for its approval, disapproval, or suggestions.

(2)  The county planning commission shall have thirty days from such

submission within which to send its report to the board of county commissioners. The opinion of the county planning commission shall be advisory only, and, upon receipt thereof, the board of county commissioners may accept, reject, or amend the proposed change or departure. After a public hearing has been held thereon, the board of county commissioners, by resolution, may adopt a building code for all or part of the county.

Source: L. 47: p. 365, � 1. CSA: C. 45B, � 2. CRS 53: � 36-15-2. C.R.S. 1963: �

36-15-2. L. 73: p. 472, � 2.

Cross references: For clarification of terms and requirements for notice by

publication, see part 1 of article 70 of title 24.

C.R.S. § 30-28-203

30-28-203. Purpose of codes. The provisions of any building code shall be made with a reasonable consideration of, and in accordance with, the public health, safety, morals, and general welfare and the safety, protection, and sanitation of such dwellings, buildings, and structures.

Source: L. 45: p. 244, � 3. L. 47: p. 365, � 1. CSA: C. 45B, � 3. CRS 53: � 36-15-3. C.R.S. 1963: � 36-15-3. L. 73: p. 473, � 3.

C.R.S. § 30-28-204

30-28-204. Amendment of building code. [Editor's note: This version of this section is effective January 1, 2026.]

(1) The board of county commissioners from time to time by resolution may alter and amend any county building code after public hearing, notice of which hearing shall be given by at least one publication in a newspaper of general circulation in the county at least fourteen days prior to said hearing. In no case shall the area covered by the building code be extended or changed unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. Unless the county planning commission acts within thirty days, approval shall be assumed. The opinion of the county planning commission shall be advisory only and not binding upon the board of county commissioners.

(2)  When a board of county commissioners or a regional building department

operating through an intergovernmental agreement with a board of county commissioners adopts or substantially amends any county building code, or updates an already adopted building code with a succeeding version of the international building code, the board or regional building department shall ensure that the building code meets or exceeds the accessibility standards adopted in one of the two most recent versions of the international building code, as adopted by the International Code Council or a successor organization. Adoption of the energy-efficient building codes in accordance with section 30-28-211 does not constitute a substantial amendment or update to the building codes for purposes of this subsection (2). The accessibility standards adopted by a board of county commissioners or regional building department in accordance with this subsection (2) cannot provide less protection than what is required by the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.

(3)  The requirements for ensuring accessibility standards in accordance with

subsection (2) of this section do not apply to one- and two-family dwellings and townhomes that comply with the International Residential Code, as adopted by the International Code Council or a successor organization, or that comply with a local building code whose accessibility standards are equivalent to the accessibility standards in the International Residential Code.

Source: L. 45: p. 244, � 4. L. 47: p. 366, � 1. CSA: C. 45B, � 4. CRS 53: � 36-15-4. C.R.S. 1963: � 36-15-4. L. 92: Entire section amended, p. 966, � 8, effective

June 1. L. 2025: Entire section amended, (HB 25-1030), ch. 8, p. 18, � 2, effective January 1, 2026.

Cross references: For the legislative declaration in HB 25-1030, see section 1

of chapter 8, Session Laws of Colorado 2025.

C.R.S. § 30-28-205

30-28-205. County building inspector - permit required - appeal. (1) The county building inspector, as authorized in section 30-28-114, may be authorized by the board of county commissioners to administer and enforce the building code adopted pursuant to this part 2; and the board of county commissioners shall fix a reasonable schedule of fees for the issuance of building permits by the county building inspector. After the adoption of the building code, it shall be unlawful to erect, construct, reconstruct, alter, or remodel any structure, dwelling, or building in the designated area, except buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry without first obtaining a building permit from the county building inspector. The county building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the building code.

(2)  No permit fee provided for pursuant to the provisions of subsection (1) of

this section shall be charged unless an inspection is actually made by such inspector who is fully qualified to perform the required type of inspection.

(3)  The county building inspector shall not issue any permit unless the plans

and specifications for such proposed erection, construction, reconstruction, alteration, or remodeling conform to the regulations and restrictions in said building code. All such proposed erection, construction, reconstruction, alteration, or remodeling shall bear the seal of an architect or engineer licensed by the state of Colorado, unless the preparation of plans and specification is exempted by section 12-120-403. Such plans and specifications prepared by architectural or engineering subdisciplines shall be so designated and shall bear the seal and signature of the architect or engineer for that subdiscipline.

Source: L. 45: p. 244, � 5. L. 47: p. 366, � 1. CSA: C. 45B, � 5. CRS 53: � 36-15-5. C.R.S. 1963: � 36-15-5. L. 73: p. 473, � 4. L. 86: (3) added, p. 610, � 11, effective

July 1. L. 2006: (1) amended, p. 235, � 3, effective July 1; (3) amended, p. 762, � 23, effective July 1. L. 2019: (3) amended, (HB 19-1172), ch. 136, p. 1719, � 215, effective October 1.

C.R.S. § 30-28-206

30-28-206. Board of review - qualifications - powers. (1) The board of county commissioners of any county which enacts a building code under the authority of this part 2 may provide for a board of review of three or five members and for the manner of appointment of such members. Members of the board shall be experienced in building construction. The board of county commissioners may fix per diem compensation and terms for the members of such boards of review, which terms shall be of such length and so arranged that the terms of at least one member will expire each year. Any member of the board of review may be removed for cause by the board of county commissioners upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. The board of county commissioners shall provide and specify in its building code or other resolution general rules to govern the organization, procedure, and jurisdiction of said board of review, which rules shall not be inconsistent with the provisions of this part 2, and the board of review may adopt supplemental rules of procedure not inconsistent with this part 2 or such general rules.

(2)  Any building code adopted by the board of county commissioners may

provide that the board of review, in appropriate cases and subject to appropriate principles, standards, rules, conditions, and safeguards set forth in the building code, may make special exceptions to the terms of the building code in harmony with their general purpose and intent. The board of county commissioners also may authorize the board of review to formulate suggested amendments to the building code for the consideration of the board of county commissioners. In addition, the board of review may adopt substantive rules and regulations based on the provisions of the building code adopted by the board of county commissioners. In no case, however, shall these rules become effective unless a public hearing thereon has been conducted by the board of review. Notice of the hearing, stating its time and place and where the text of the proposed substantive rules and regulations may be inspected, shall be given in the same manner as provided in the initial adoption of the code.

Source: L. 45: p. 244, � 6. L. 47: p. 366, � 1. CSA: C. 45B, � 6. CRS 53: � 36-15-6. C.R.S. 1963: � 36-15-6.

C.R.S. § 30-28-207

30-28-207. Board of review - meetings - appeals. (1) Meetings of the board of review shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board of review shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and it shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(2)  Appeals to the board of review may be taken by any person aggrieved by

his inability to obtain a building permit or by any officer, department, board, or bureau of the county affected by the grant or refusal of a building permit. Any person, officer, department, board, or bureau may appeal to the board of review from the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the building code. The time within which such appeal shall be made, and the form or other procedure relating thereto, shall be as specified in the general rules provided by the board of county commissioners to govern the procedure of such board of review or in the supplemental rules of procedure adopted by such board.

Source: L. 45: p. 244, � 6. L. 47: p. 366, � 1. CSA: C. 45B, � 6. CRS 53: � 36-15-7. C.R.S. 1963: � 36-15-7.

C.R.S. § 30-28-208

30-28-208. Copies of code available - evidence. Upon the adoption of such area building code, the board of county commissioners shall file certified copies thereof in its office, which copies shall be accessible to the public at a cost not to exceed that of printing the same. The board of county commissioners shall also file a notice with the county clerk and recorder setting forth a description of the area subject to the building code. Copies of the code printed by authority of the board of county commissioners shall be prima facie evidence of the original text in all courts and tribunals of this state.

Source: L. 45: p. 244, � 6. L. 47: p. 368, � 1. CSA: C. 45B, � 7. CRS 53: � 36-15-8. C.R.S. 1963: � 36-15-8.

C.R.S. § 30-28-209

30-28-209. Violation - injunction and other remedies. (1) (a) It is unlawful to erect, construct, reconstruct, or alter any building or structure in a manner that results in a violation of any regulation in, or of any provisions of, the area building code, or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 2. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of this part 2, commits a civil infraction. Each day during which such illegal erection, construction, reconstruction, or alteration continues shall be deemed a separate offense.

(b) (I)  It is unlawful to use any building or structure in violation of any

regulation in, or of any provision of, the area building code, or any amendment thereto, enacted or adopted by any board of county commissioners under the authority of this part 2. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof commits a civil infraction. Each day during which such illegal use of any building or structure continues shall be deemed a separate offense. Nothing in this subsection (1)(b)(I) prohibits the use of any building or structure in violation of an otherwise applicable building code where the use complies with any building code that was in effect at the time the building or structure was erected, constructed, reconstructed, or altered.

(II)  Whenever a county building inspector authorized pursuant to sections

30-28-114 and 30-28-205, or any inspector employed by an intergovernmental entity created in accordance with the requirements of part 2 of article 1 of title 29, C.R.S., who exercises the functions of a county building inspector, has personal knowledge of any violation of the requirements of subparagraph (I) of this paragraph (b), he or she shall give written notice to the violator to correct the violation within ten days after the date of the notice. Where the violator fails to correct the violation within the ten-day period, the county building inspector may request that the sheriff of the county issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. The summons and complaint shall require that the violator appear in county court at a definite time and place stated therein to answer and defend the charge.

(III)  One copy of the summons and complaint shall be served upon the

violator by the sheriff of the county in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the sheriff and the county building inspector, and one copy shall be transmitted by the sheriff to the clerk of the county court.

(c)  It is the responsibility of the county attorney to enforce the provisions of

this subsection (1). Where there is no county attorney or in the event that the board of county commissioners deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform such enforcement duties in lieu of the county attorney.

(2)  In case any building or structure is, or is proposed to be, erected,

constructed, reconstructed, altered, or used in violation of any regulation or provision of the area building code, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 2, the county attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. Where there is no county attorney or in the event that the board deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform such enforcement duties in lieu of the county attorney.

Source: L. 45: p. 245, � 7. L. 47: p. 368, � 1. CSA: C. 45B, � 8. CRS 53: � 36-15-9. C.R.S. 1963: � 36-15-9. L. 2003: Entire section R&RE, p. 1836, � 1, effective

October 1. L. 2006: (1)(b)(II) amended, p. 235, � 4, effective July 1. L. 2021: (1)(a) and (1)(b)(I) amended, (SB 21-271), ch. 462, p. 3250, � 510, effective March 1, 2022.

C.R.S. § 30-28-210

30-28-210. County court actions for civil penalties for building violations. (1) It is unlawful to erect, construct, reconstruct, alter, maintain, or use any building, structure, or land in violation of this part 2 or any provisions of the area building code. In addition to any penalties imposed pursuant to section 30-28-209, any person, firm, or corporation violating any provision of this part 2 or any provision of the area building code may be subject to the imposition, by order of the county court, of a civil penalty in an amount of not less than five hundred dollars nor more than one thousand dollars. It is within the discretion of the county attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in section 30-28-209, or both. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars for each such day. Until paid, any civil penalty ordered by the county court and assessed under this subsection (1) shall, as of recording, be a lien against the property on which the violation has been found to exist. In case the assessment is not paid within thirty days, it may be certified by the county attorney to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (1). Any lien placed against the property pursuant to this subsection (1) shall be recorded with the clerk and recorder of the county in which the property is located.

(2) (a)  In the event any building or structure is erected, constructed,

reconstructed, altered, maintained, or used in violation of this part 2 or of any provision of the area building code, the county attorney of the county in which such building or structure is situated, in addition to other remedies provided by law, may commence a civil action in county court for the county in which such building or structure is situated seeking the imposition of a civil penalty in accordance with the provisions of this section.

(b)  A building inspector designated by resolution of the board of county

commissioners shall, upon personal information and belief that a violation of this part 2 or of any provision of the area building code has occurred, give written notice to the violator to correct the violation within ten days after the date of the notice. If the violator fails to correct the violation within the ten-day period or within any extension period granted by the building inspector, the building inspector, the sheriff of the county, or the county attorney may issue a summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of the charge to the violator.

(c)  One copy of the summons and complaint issued pursuant to paragraph (b)

of this subsection (2) shall be served upon the violator in the manner provided by law for the service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk of the county court and thereafter the action shall proceed in accordance with the Colorado rules of county court civil procedure.

(d)  If the county court finds, by a preponderance of the evidence, that a

violation of this part 2 or of any provision of the area building code has occurred, the court shall order the violator to pay a civil penalty in an amount allowed pursuant to subsection (1) of this section. The penalty shall be payable immediately by the violator to the county treasurer. In the event that the alleged violation has been cured or otherwise removed and the violator has notified the building inspector of the cure or removal at least five business days prior to the appearance date in the summons, then the county attorney shall so inform the court and request that the action be dismissed without fine or appearance of the defendant.

(3)  Upon the filing with the court of a receipt issued by the county treasurer

showing payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the county building inspector that the violation has been cured, removed, or corrected, the court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The court may also dismiss the action upon a motion of the county attorney indicating that the matter has been otherwise resolved.

(4)  If a receipt showing full payment of the civil penalty or the affidavit or the

motion by the county attorney required by subsection (3) of this section is not filed, the action shall continue and the court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in subsection (1) of this section. The additional penalty shall be imposed by the court upon motion filed by the county and proof that the violation has not been cured, removed, or corrected. Thereafter, the action shall continue until the filing with the court of a receipt issued by the county treasurer showing payment in full of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the county building inspector that the violation has been cured, removed, or corrected, or until a motion by the county attorney to dismiss the action is granted by the court.

Source: L. 98: Entire section added, p. 340, � 2, effective July 1. L. 2006: (1),

(2)(b), (2)(d), (3), and (4) amended, p. 235, � 5, effective July 1.

C.R.S. § 30-28-211

30-28-211. Energy efficient building codes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:

(a)  Excessive energy consumption creates effects beyond the boundaries of

the local government within which the energy is consumed because the production of power occurs in centralized locations.

(b)  Air pollutant emissions from energy consumption affect the health of the

citizens throughout Colorado.

(c)  The strain on the grid from peak electric power demands is not confined

to jurisdictional boundaries.

(d)  There is statewide interest in the reliability of the electrical grid and an

adequate supply of heating oil and natural gas.

(e)  Controlling energy costs for residents and businesses furthers a

statewide interest in a strong economy and reducing the total cost of housing in Colorado.

(f)  More recent energy codes are more effective at ensuring building

durability and structural integrity and protecting public health and safety through better:

(I)  Moisture management to prevent mold, mildew, and rot;


(II)  Airflow management; and


(III)  Protection during severe weather.


(g)  More recent energy codes incorporate newer building technologies,

techniques, and materials and offer more options for builders.

(h)  Businesses and residents in low-income communities and rural areas of

the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.

(i)  Highly energy efficient homes and buildings can reduce energy use and

help consumers save money on energy bills.

(j)  Highly energy efficient and low-carbon new homes and buildings are

critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).

(2)  As used in this section, unless the context otherwise requires:


(a)  Building code means regulations related to energy performance,

electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.

(a.5)  Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).


(a.8)  Elevator and escalator code means the rules adopted in accordance

with section 9-5.5-112.

(b)  Energy code means a subset of building codes related to the total

energy performance and carbon emissions of residential and commercial buildings.

(b.5)  International energy conservation code means the energy code

published by the international code council or a successor organization.

(b.8)  National electrical code has the meaning set forth in section 12-115-103 (8).


(c)  Office means the Colorado energy office created in section 24-38.5-101,

C.R.S.

(3)  Every board of county commissioners that has adopted and enforced one

or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the county to which the building code applies.

(3.5) (a)  A board of county commissioners that has adopted and enforced

one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated.

(b)  A board of county commissioners that has adopted and enforced one or

more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.

(c) (I)  Notwithstanding subsections (3.5)(a) and (3.5)(b) of this section, a

board of county commissioners representing a rural county is required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the last three most recent editions of the international energy conservation code rather than either an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language identified for adoption by the energy code board pursuant to section 24-38.5-401 (5) or an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code identified for adoption by the energy code board pursuant to section 24-38.5-401 (6) if, while the grant program established pursuant to section 24-38.5-403 is accepting applications, the board of county commissioners applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training.

(II)  As used in this subsection (3.5)(c), a rural county means a county with a

population of less than thirty thousand people, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs.

(d)  When adopting or updating a building code prior to July 1, 2023, a board

of county commissioners shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.

(e)  Notwithstanding the timing requirement of subsection (3.5)(a) of this

section, a board of county commissioners may comply with subsection (3.5)(a) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2026, whichever is earlier, if:

(I)  The board of county commissioners adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(f)  Notwithstanding the timing requirement of subsection (3.5)(b) of this

section, a board of county commissioners may comply with subsection (3.5)(b) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2030, whichever is earlier, if:

(I)  The board of county commissioners adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(g)  Notwithstanding the requirements set forth in subsections (3.5)(a) and

(3.5)(b) of this section, a board of county commissioners is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.

(4)  Repealed.


(5)  The following buildings are exempt from subsections (3) and (3.5) of this

section:

(a)  Any building that is otherwise exempt from the provisions of the building

code adopted by the board of county commissioners of the county in which the building is located and buildings that do not contain a conditioned space;

(b)  Any building that does not use either electricity or fossil fuels for comfort

heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the county determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.

(c)  Historic buildings that are listed on the national register of historic places

or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and

(d)  Any building that is exempt pursuant to the energy code.


(6)  Notwithstanding any other provision of this section, the board of county

commissioners of a county that is required to adopt or update an energy code may make any amendments to the energy code that the board deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(7) (a)  The office shall ensure that information explaining the requirements

of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.

(b)  The office shall provide boards of county commissioners with technical

assistance concerning the implementation and enforcement of the energy code.

(8)  Nothing in this section restricts the ability of an investor-owned utility

with approval from the public utilities commission to:

(a)  Provide incentives or other energy efficiency program services to help the

board of county commissioners of any county or builders comply with the requirements of this section; or

(b)  Earn shareholder incentives and claim credits towards its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the board of county commissioners of any county or builders comply with the requirements of this section.

(9)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the board of county commissioners of any county or any builders in complying with the requirements of this section.

(10) (a)  A utility may count mass-based emissions reductions associated with

the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(b)  A utility subject to regulation by the public utilities commission shall not

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

Source: L. 2007: Entire section added, p. 695, � 2, effective July 1. L. 2008:

(2)(b) and (2)(c) amended, p. 72, � 10, effective March 18. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 974, � 36, effective July 1. L. 2019: (1)(e), (2)(b), (3), IP(5), and (6) amended and (1)(f), (1)(g), and (1)(h) added, (HB 19-1260), ch. 357, p. 3284, � 2, effective August 2. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4) repealed, (HB 22-1362), ch. 301, p. 2183, � 7, effective June 2. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(e), and (3.5)(f) added, (HB 23-1233), ch. 245, p. 1324, � 10, effective May 23. L. 2025: (3.5)(g) added, (HB 25-1269), ch. 216, p. 978, � 1, effective May 20; (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 4, effective August 6.

Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of

Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

Cross references: For the legislative declaration in HB 23-1233, see section 1

of chapter 245, Session Laws of Colorado 2023.

C.R.S. § 30-35-401

30-35-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Adopting county means any home rule county adopting an ordinance

pursuant to the provisions of this part 4.

(2)  Code means any published compilation of statutes, ordinances, rules,

regulations, or standards adopted by the federal government or the state of Colorado, or by an agency of either of them, or by any municipality or county within the state of Colorado. It includes any codification or compilation of existing ordinances of the adopting county. The operation of this article as to published compilations of any organization or institution shall be limited to building codes, which may embrace any of the following subjects: The construction, alteration, repair, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings or other structures, whether erected before, on, or after June 8, 1981.

(3)  County clerk means the county clerk and recorder or equivalent officer.


(4)  Governing body means the governing body of a home rule county.


(5)  Primary code means any code which is directly adopted by reference in

whole or in part by any ordinance passed pursuant to this part 4.

(6)  Published means issued in printed, lithographed, multigraphed,

mimeographed, or similar form.

(7)  Secondary code means any code which is incorporated by reference,

directly or indirectly, in whole or in part, in any primary code or in any secondary code.

Source: L. 81: Entire article added, p. 1473, � 1, effective June 8.

C.R.S. § 31-15-601

31-15-601. Building and fire regulations - emission performance standards required - reporting. (1) The governing bodies of municipalities have the following powers in relation to building and fire regulations:

(a)  To regulate the construction, repairs, and use of vaults, cisterns, areas,

hydrants, pumps, sewers, and gutters;

(b)  To regulate partition fences and party walls;


(c)  To prescribe the thickness and strength of, and the manner of

constructing, stone, brick, and other buildings and to prescribe the construction of fire escapes therein;

(d)  To prescribe the limits within which wooden buildings shall not be

erected, or moved into from outside said limits or placed in or repaired without permission, to direct that any buildings within the fire limits, when the same have been damaged by fire, decay, or otherwise to the extent of fifty percent of the value, be torn down or removed, and to prescribe the manner of ascertaining such damage;

(e) (I)  To prevent the dangerous construction and condition of chimneys,

fireplaces, hearths, stoves, stovepipes, ovens, and apparatus used in and about any factory and to cause the same to be removed or placed in a safe condition when considered dangerous;

(II)  To regulate and prevent the carrying on of manufacturing which causes

and promotes fires;

(III)  To prevent the deposit of ashes in unsafe places and to cause all such

buildings and enclosures as may be in a dangerous state to be put in a safe condition;

(f)  To provide for the inspection of steam boilers;


(g)  To compel the owners and occupants of houses and other buildings to

have scuttles on the roof and stairs or ladders leading to the same and to compel the owners of all buildings over two stories in height to provide fire escapes;

(h)  To regulate the size, number, and manner of the construction of the doors

and stairways of theaters, tenement houses, audience rooms, and all buildings used for the gathering of a large number of people, to provide convenient, safe, and speedy exits in case of fire;

(i)  To compel the owners of all lots with a building fronting on the street to

provide a number on said building;

(j)  To regulate or prevent the storage and transportation of gunpowder, tar,

pitch, resin, coal oil, benzine, turpentine, hemp, cotton, gasoline, nitroglycerine, petroleum, or any of the products thereof, and other combustible or explosive material within the municipal limits and to prescribe the limits within which any such regulations shall apply; to regulate the use of lights in garages, shops, and other places; to regulate or prevent the storage of gunpowder and other high explosives within the municipal limits or within one mile of the outer boundaries thereof; and to regulate and restrain the use of fireworks, firecrackers, torpedoes, roman candles, skyrockets, and other pyrotechnic displays;

(j.5)  To regulate fires consistent with the provisions of section 31-15-401

(1)(q);

(k)  To regulate and prohibit the keeping of any lumberyard and the placing,

piling, or selling of any lumber, timber, wood, or other combustible material within the fire limits of the municipality and to regulate the storage of any combustible material at any place within the limits of the municipality;

(l)  To erect engine houses and provide fire engines, hose, hose carts, hooks

and ladders, and other implements for the extinguishing of fires and provide for the use and management of the same by volunteer fire companies or otherwise; to determine the powers and duties of the members of the fire department in taking charge of property to the extent necessary to bring under control and extinguish any fire; to preserve and protect property not destroyed by fire; and to restrain persons from interfering with the discharge of the duties of the members of the fire department in connection with the fighting of any fire;

(m) [Editor's note: This version of subsection (1)(m) is effective until January

1, 2026.]

(I) To adopt an ordinance to authorize, in consultation with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality, the use of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to enforce compliance with the governing body's ordinance.

(II)  Before adopting an ordinance to authorize the use of graywater pursuant

to subparagraph (I) of this paragraph (m), the municipal governing body is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 25-8-103 (8.4), C.R.S.

(m) [Editor's note: This version of subsection (1)(m) is effective January 1,

2026.]

(I) To adopt an ordinance, in consultation with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality, regarding the use of graywater, as defined in section 25-8-103 (8.3), in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), and to enforce compliance with the governing body's ordinance. The governing body of a municipality:

(A)  May adopt an ordinance prohibiting the installation of graywater

treatment works, as defined in section 25-8-103 (8.4), and the use of all graywater or prohibiting one or more categories of graywater use that the water quality control commission establishes in rules adopted pursuant to section 25-8-205 (1)(g); and

(B)  Pursuant to section 25-8-205.4 (2)(b), shall notify the division of

administration within the department of public health and environment of any ordinance adopted pursuant to subsection (1)(m)(I)(A) of this section. A governing body of a municipality that sends notice pursuant to this subsection (1)(m)(I)(B) may subsequently authorize the installation of graywater treatment works and the use of graywater or authorize categories of graywater use previously prohibited at any time by adopting an ordinance. A governing body of a municipality that subsequently authorizes the use of graywater shall promptly notify the division of administration within the department of public health and environment of the subsequent authorization.

(II)  A municipal governing body that has not prohibited all graywater use

pursuant to subsection (1)(m)(I) of this section is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 25-8-103 (8.4).

(2)  By the date established in section 25-7-407, C.R.S., every governing body

of a municipality which has enacted a building code, and thereafter every governing body which enacts a building code, shall enact a building code provision to regulate the construction and installation of fireplaces in order to minimize emission levels. Such building code provision shall contain standards which shall be the same as or stricter than the approved emission performance standards for fireplaces established by the air quality control commission in the department of public health and environment pursuant to section 25-7-407, C.R.S.

(3)  By January 1, 2020, every governing body of a municipality which has

enacted a building code and an energy code shall report the current version of their municipality's building and energy codes to the Colorado energy office. Thereafter, every governing body of a municipality is encouraged to report any change in their municipality's building and energy code to the Colorado energy office within a month of changing their municipality's building and energy codes.

Source: L. 75: Entire title R&RE, p. 1111, � 1, effective July 1. L. 84: (2) added, p.

782, � 3, effective April 12. L. 87: (2) amended, p. 1144, � 9, effective June 16. L. 94: (2) amended, p. 2802, � 564, effective July 1. L. 2002, 3rd Ex. Sess.: (1)(j) amended and (1)(j.5) added, p. 38, � 5, effective July 17. L. 2005: (2) amended, p. 774, � 59, effective June 1. L. 2013: (1)(m) added, (HB 13-1044), ch. 228, p. 1089, � 5, effective May 15. L. 2019: (3) added, (HB 19-1260), ch. 357, p. 3285, � 3, effective August 2. L. 2024: (1)(m) amended, (HB 24-1362), ch. 277, p. 1841, � 3, effective January 1, 2026.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For the legislative declaration in the 2013 act adding

subsection (1)(m), see section 1 of chapter 228, Session Laws of Colorado 2013.

C.R.S. § 31-15-602

31-15-602. Energy efficient building codes - legislative declaration - definitions - repeal. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:

(a)  Excessive energy consumption creates effects beyond the boundaries of

the local government within which the energy is consumed because the production of power occurs in centralized locations.

(b)  Air pollutant emissions from energy consumption affects the health of

the citizens throughout Colorado.

(c)  The strain on the grid from peak electric power demands is not confined

to jurisdictional boundaries.

(d)  There is statewide interest in the reliability of the electrical grid and an

adequate supply of heating oil and natural gas.

(e)  Controlling energy costs for residents and businesses furthers a

statewide interest in a strong economy and reducing the cost of housing in Colorado.

(f)  More recent energy codes are more effective at ensuring building

durability and structural integrity and protecting public health and safety through better:

(I)  Moisture management to prevent mold, mildew, and rot;


(II)  Airflow management; and


(III)  Protection during severe weather.


(g)  More recent energy codes incorporate newer building technologies,

techniques, and materials and offer more options for builders.

(h)  Businesses and residents in low-income communities and rural areas of

the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.

(i)  Highly energy efficient homes and buildings can reduce energy use and

help consumers save money on energy bills.

(j)  Highly energy efficient and low carbon new homes and buildings are

critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).

(2)  As used in this section, unless the context otherwise requires:


(a)  Building code means regulations related to energy performance,

electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.

(a.5)  Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).


(a.8)  Elevator and escalator code means the rules adopted in accordance

with section 9-5.5-112.

(b)  Energy code means a subset of building codes related to the total

energy performance and carbon emissions of residential and commercial buildings.

(b.5)  International energy conservation code means the energy code

published by the international code council or a successor organization.

(b.8)  National electrical code has the meaning set forth in section 12-115-103 (8).


(c)  Office means the Colorado energy office created in section 24-38.5-101,

C.R.S.

(3)  The governing body of any municipality that has adopted and enforced

one or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the municipality to which the building code applies.

(3.5) (a)  The governing body of a municipality that has adopted and enforced

one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated.

(b)  The governing body of a municipality that has adopted and enforced one

or more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.

(c)  When adopting or updating a building code prior to July 1, 2023, the

governing body of a municipality shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.

(d)  Notwithstanding the timing requirement of subsection (3.5)(a) of this

section, a governing body of a municipality may comply with subsection (3.5)(a) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2026, whichever is earlier, if:

(I)  The governing body of the municipality adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(e)  Notwithstanding the timing requirement of subsection (3.5)(b) of this

section, a governing body of a municipality may comply with subsection (3.5)(b) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2030, whichever is earlier, if:

(I)  The governing body of a municipality adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(f)  Notwithstanding the requirements set forth in subsections (3.5)(a) and

(3.5)(b) of this section, a governing body of a municipality is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.

(4) (a)  Repealed.


(b) (I) (A)  Except as otherwise provided in this section, the aggregate of all

charges or other related or associated fees a municipality shall impose or assess to install an active solar electric or solar thermal device or system or a geothermal energy system shall not exceed the lesser of the municipality's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the municipality's actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A municipality may increase its fees or other charges as authorized by this subsection (4)(b)(I) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (4)(b)(I) is achieved. The municipality shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (4)(b)(I) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (4)(b) is a matter of statewide concern.

(B)  In the case of a nonresidential application, on an individual installation

basis only, if the municipality incurs actual costs for issuing the permit that are greater than one thousand dollars, the municipality is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the municipality's actual costs.

(C)  As used in this subsection (4)(b)(I), active solar energy system means a

single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and geothermal energy system means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation.

(II)  This subsection (4)(b) is repealed, effective December 31, 2029.


(5)  The following buildings are exempt from subsections (3), (3.5), and (4) of

this section:

(a)  Any building that is otherwise exempt from the provisions of the building

code adopted by the governing body of the municipality in which the building is located and buildings that do not contain a conditioned space;

(b)  Any building that does not use either electricity or fossil fuels for comfort

heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the municipality determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.

(c)  Historic buildings that are listed on the national register of historic places

or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and

(d)  Any building that is exempt pursuant to the energy code.


(6)  Notwithstanding any other provisions of this section, the governing body

of any municipality that is required to adopt an energy code may make any amendments to the energy code that the governing body deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness of the energy code.

(7) (a)  The office shall ensure that information explaining the requirements

of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.

(b)  The office shall provide the governing body of any municipality with

technical assistance concerning the implementation and enforcement of the energy code.

(8)  Nothing in this section restricts the ability of an investor-owned utility

with approval from the public utilities commission to:

(a)  Provide incentives or other energy efficiency program services to help the

governing body of any municipality or builders comply with the requirements of this section; or

(b)  Earn shareholder incentives and claim credits towards its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the governing body of any municipality or builders comply with the requirements of this section.

(9)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the governing body of any municipality or any builders in complying with the requirements of this section.

(10) (a)  A utility may count mass-based emissions reductions associated with

the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(b)  A utility subject to regulation by the public utilities commission shall not

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

Source: L. 2007: Entire section added, p. 697, � 3, effective July 1. L. 2008:

(2)(b) and (2)(c) amended, p. 72, � 11, effective March 18; (4) amended, p. 893, � 2, effective May 20. L. 2011: (4)(b) amended, (HB 11-1199), ch. 311, p. 1519, � 3, effective June 10. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 975, � 38, effective July 1. L. 2017: (4)(b) amended, (SB 17-179), ch. 170, p. 622, � 3, effective August 9. L. 2019: (1)(f), (1)(g), and (1)(h) added and (2)(b), (3), and IP(5) amended, (HB 19-1260), ch. 357, p. 3286, � 4, effective August 2. L. 2021: (4)(b) amended, (HB 21-1284), ch. 327, p. 2091, � 4, effective September 7. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4)(a) repealed, (HB 22-1362), ch. 301, p. 2186, � 8, effective June 2; (4)(b)(I)(A) and (4)(b)(I)(C) amended, (SB 22-118), ch. 335, p. 2372, � 8, effective August 10. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(d), and (3.5)(e) added, (HB 23-1233), ch. 245, p. 1326, � 11, effective May 23. L. 2025: (3.5)(f) added, (HB25-1269), ch. 216, p. 978, � 2, effective May 20. (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 5, effective August 6.

Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of

Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

Cross references: (1)  In 2011, subsection (4)(b) was amended by the Fair

Permit Act. For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011.

(2)  For the legislative declaration in HB 21-1284, see section 1 of chapter

327, Session Laws of Colorado 2021.

(3)  For the legislative declaration in HB 23-1233, see section 1 of chapter

245, Session Laws of Colorado 2023.

C.R.S. § 31-15-604

31-15-604. Building codes - minimum accessibility standards required - international building codes. [Editor's note: This section is effective January 1, 2026.]When a governing body of a municipality or a regional building department operating through an intergovernmental agreement with a governing body of a municipality adopts or substantially amends any municipal building code, or updates an already adopted building code with a succeeding version of the international building code, the governing body or regional building department shall ensure that the building code meets or exceeds the accessibility standards adopted in one of the two most recent versions of the international building code, as adopted by the International Code Council or a successor organization. Adoption of the energy-efficient building codes in accordance with section 31-15-602 does not constitute a substantial amendment or update to the building codes for purposes of this section. The requirements for ensuring accessibility standards in accordance with this section do not apply to one- and two-family dwellings and townhomes that comply with the International Residential Code, as adopted by the International Code Council or a successor organization, or that comply with a local building code whose accessibility standards are equivalent to the accessibility standards in the International Residential Code. The accessibility standards adopted by a governing body of a municipality or a regional building department cannot provide less protection than what is required by the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.

Source: L. 2025: Entire section added, (HB 25-1030), ch. 8, p. 19, � 3,

effective January 1, 2026.

Cross references: For the legislative declaration in HB 25-1030, see section 1

of chapter 8, Session Laws of Colorado 2025.

C.R.S. § 31-15-605

31-15-605. Single exit in multifamily residential structure - report - definition - repeal. (1) Subject to the conditions set forth in subsections (2), (3), and (5) of this section and notwithstanding any other provision of law, on or before December 1, 2027, the governing body of a subject jurisdiction shall adopt a building code, or amend the subject jurisdiction's existing building code, to allow a single exit to serve no more than five stories including any occupiable roof of a group r-2 occupancy in the same building, so long as that building:

(a)  Is constructed of materials that satisfy international building code type I,

type II, or type IV construction standards;

(b)  Is protected throughout, including at each landing of the exit stairway,

with an automatic sprinkler system that is designed and installed in accordance with the international building code;

(c)  Has no more than twenty feet of travel to the exit stairway from the exit

or entry door of any dwelling unit;

(d)  Has no more than one hundred twenty-five feet of travel to the exit

stairway from any point in a dwelling unit;

(e)  Except as provided in subsection (1)(f) of this section, does not have a

floor with a square footage greater than four thousand feet and has an exit stairway that is at least forty-eight inches wide;

(f)  Does not have a floor with a square footage greater than six thousand

feet and has an exit stairway whose width is equal to or greater than a number of inches that is in the same ratio to forty-eight as the square footage of the floor is to four thousand but that is less than fifty-four inches;

(g)  Has no more than four dwelling units per story;


(h)  Only has openings to the exit stairway enclosure that allow exit access

from normally occupied spaces, exit access from the exit stairway enclosure to another protected exit component, and access to the exterior from the exit stairway enclosure;

(i)  Is fully protected throughout all common areas with smoke detection in

accordance with the National Fire Protection Association's standard 72, known as the National Fire Alarm and Signaling Code, and the international fire code;

(j)  Does not have electrical receptacles in an exit stairway enclosure;


(k)  Does not have publicly accessible electrical receptacles in corridors

between dwelling units and the exit stairway;

(l)  Has, in accordance with the international building code, an emergency

escape and rescue opening on every floor;

(m)  Has an exit stairway that is constructed in accordance with the

international building code;

(n)  Has a fire-resistant box that contains keys to access the building and the

dwelling units in the building, is accessible to relevant firefighters, and is accompanied by a sign indicating that the building is only served by a single exit stairway;

(o)  Has an exit stairway that is protected with two-hour fire-rated stair

construction regardless of construction type;

(p)  Has an exit stairway that is wide enough to allow simultaneous ingress

and egress;

(q)  Has passive and active fire protection features in occupiable spaces

throughout the building, including individual dwelling units, that are periodically inspected and maintained by a third party approved by the subject jurisdiction;

(r)  Has corridors that all have a minimum of one hour of fire resistance, in

accordance with the international building code;

(s)  Has elevator and exit stairway enclosures that all have smoke control

systems, in accordance with the international fire code;

(t)  Has elevators that are all within two-hour shaft enclosures, in accordance

with the international building code;

(u)  Does not allow storage, including the storage of deliveries, trash, and

recycling, within the space between dwelling unit doors and the exit stairway; and

(v)  Does not have more than one story below grade plane.


(2)  To satisfy the requirements of subsection (1) of this section, the

governing board of a subject jurisdiction may incorporate by reference, or adapt and adopt into the subject jurisdiction's building code, language from a portion of an existing building code of any other American jurisdiction that allows a single exit to serve no more than five stories including any occupiable roof of a group r-2 occupancy in the same building, so long as the incorporated, adapted, or adopted language would satisfy the requirements of this section.

(3)  A subject jurisdiction shall coordinate with the applicable fire protection

district, fire department, or fire authority to ensure, in accordance with standards established in the international building code and international fire code, that, for a building that serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section:

(a)  Aerial apparatus of the applicable fire protection district, fire

department, or fire authority can reach the highest point of the building;

(b)  The site design allows for direct vertical access to the roofline and all

upper floors from at least one of the required aerial access sides using an aerial apparatus deployed from ground level; and

(c)  The site design provides unobstructed aerial apparatus access

deployment or positioning.

(4)  In addition to the requirements described in subsection (1) of this section,

if a building has been constructed with a single exit, the building's landlord, manager, or owner shall conduct inspections of the building's dwelling units, in addition to third-party inspections, and permission for the inspections shall be included in the lease agreements for each dwelling unit.

(5)  If a fire protection district or fire department does not serve an entire

subject jurisdiction, the governing board of that subject jurisdiction may satisfy the requirements of subsection (1) of this section by adopting or amending the subject jurisdiction's existing building code insofar as it applies only to the portion of the subject jurisdiction that is served by a single fire protection district or fire department.

(6)  The adoption of a building code, or the amendment of a subject

jurisdiction's existing building code, by the governing body of a subject jurisdiction to comply with subsection (1) of this section, is not adopting or enforcing a building code for purposes of determining whether a governing body of a municipality is required to adopt and enforce an energy code pursuant to section 31-15-602.

(7)  A subject jurisdiction shall include the local International Association of

Fire Fighter's affiliate, if one exists, within the subject jurisdiction's jurisdiction and the Colorado Professional Fire Fighters Association on the list of persons to provide notice of meetings pursuant to section 24-6-402 (7) with respect to the discussion of adopting or amending a building code pursuant to subsection (1) of this section.

(8)  Nothing in this section requires the governing body of a subject

jurisdiction to amend a subject jurisdiction's zoning code with respect to multifamily residential housing.

(9)  Nothing in this section prevents a subject jurisdiction, fire protection

district, fire department, or fire authority from applying and enforcing a locally adopted life safety code. A locally adopted life safety code may include, but is not limited to, standards governing emergency vehicle site access, fire hydrant spacing, and landscape clearance.

(10)  A subject jurisdiction shall ensure that a building that serves no more

than five stories of a group r-2 occupancy and satisfies the requirements of this section:

(a)  Retains its legal occupancy status, even if a future building code adopted

by the subject jurisdiction would disallow the construction of that building; and

(b)  If that building is damaged or destroyed, the subject jurisdiction shall

allow the building to be rebuilt according to the same standards that were in place when the subject jurisdiction issued the original construction permit for the building; except that:

(I)  The building shall satisfy standards established by the federal Americans

with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.;

(II)  Any alteration to the building that constitutes a substantial improvement

under the national flood insurance program established in 42 U.S.C. sec. 4001 et seq., shall comply with current requirements of the national flood insurance program;

(III)  Any structural modifications to the building must comply with structural

design load and safety requirements in the applicable building code; and

(IV)  The reconstruction of the building must comply with state or local

building codes that enhance health, safety, welfare, or energy efficiency.

(11) (a)  On or before December 1, 2028, and each December 1 thereafter, a

subject jurisdiction shall report to the state demography office in the department of local affairs, in a form and manner determined by the state demography office, concerning the previous twelve months:

(I)  The number of permits that the subject jurisdiction issued for the

construction of buildings with a single exit that serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section; and

(II)  For each building that the subject jurisdiction issued a permit as

described in subsection (10)(a)(I) of this section:

(A)  The number of dwelling units in the building;


(B)  The number of stories that the building has;


(C)  The gross building area; and


(D)  The total number of emergency incidents, including fire and medical

calls, that occurred, as reported by the relevant emergency dispatch center.

(b) (I)  Prior to January 2032, the department of local affairs shall consult with

the Colorado Professional Fire Fighters Association concerning the implementation of this section.

(II)  In January 2032, the department of local affairs shall include, as part of

its presentation during its SMART Act hearing required by section 2-7-203, information concerning the implementation of this section.

(12)  Nothing in this section prevents a governing body of a subject

jurisdiction from allowing any type of building with group r-2 occupancy to be served by a single exit in accordance with an edition of the international building code published by the International Code Council on or after January 1, 2027.

(13)  Nothing in this section prevents the governing body of a subject

jurisdiction from applying sections of the international building code, the international fire code, referenced standards, and other ordinances or laws not specifically referenced in this section to a building served by single exit.

(14)  As used in this section, unless the context otherwise requires:


(a)  Dwelling unit means a single unit providing complete, independent

living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(b)  Group r-2 occupancy means a residential occupancy containing

sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.

(c)  International building code means the most current edition of the

international building code published by the International Code Council.

(d)  International fire code means the most current edition of the

international fire code published by the International Code Council.

(e)  Subject jurisdiction means a municipality:


(I)  With a population of one hundred thousand or greater; and


(II)  That is served by a fire protection district, fire department, or fire

authority that has been accredited by the Commission on Fire Accreditation International, even if the fire protection district, fire department, or fire authority later loses that accreditation, and that meets the aerial apparatus requirements for the fire protection district's, fire department's, or fire authority's Insurance Services Office public protection classification rating.

(f)  Two-hour fire-rated stair construction means continuous wall, floor, or

roof assemblies enclosing a stairway that are designed to restrict the spread of fire, excessive heat, or hot gases, such that the construction continues to perform its structural function for at least two hours as determined by test procedures set forth in American Society for Testing and Materials standard E-119, Underwriters Laboratories standard 263, or other methods approved by the relevant subject jurisdiction.

(15)  This section is repealed, effective July 1, 2037.


Source: L. 2025: Entire section added, (HB 25-1273), ch. 188, p. 831, � 2,

effective May 13.

Cross references: For the legislative declaration in HB 25-1273, see section 1

of chapter 188, Session Laws of Colorado 2025.

PART 7

PUBLIC PROPERTY AND IMPROVEMENTS

C.R.S. § 31-16-201

31-16-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Adopting municipality means any municipality which has adopted or is in

the process of adopting an ordinance pursuant to the provisions of this part 2.

(2)  Code means any published compilation of statutes, ordinances, rules,

regulations, or standards adopted by the federal government or the state of Colorado, by an agency of either of them, or by any municipality or other political subdivision in this state. The term includes any codification or compilation of existing ordinances of the adopting municipality. The term code also means published compilations of any nongovernmental organization or institution which may embrace any of the following subjects: The construction, alteration, repair, removal, demolition, equipment, use, occupancy, location, maintenance, or other matters related to buildings or other erected structures including, but not limited to, building codes, fire or fire prevention codes, plumbing codes, housing codes, mechanical codes, and electrical codes.

(3)  Municipality means any city or any town operating under general or

special laws of the state of Colorado or any home rule city or town, the charter or ordinances of which contain no provisions inconsistent with provisions of this part 2.

(4)  Primary code means any code which is directly adopted by reference in

whole or in part by any ordinance passed pursuant to this part 2.

(5)  Published means issued in printed, lithographed, multigraphed,

mimeographed, or similar form.

(6)  Secondary code means any code which is incorporated by reference,

directly or indirectly, in whole or in part in any primary code or in any secondary code.

Source: L. 75: Entire title R&RE, p. 1125, � 1, effective July 1.


Editor's note: This section is similar to former � 31-12-401 as it existed prior

to 1975.

C.R.S. § 31-23-218

31-23-218. Erection of buildings. (1) After the time when a commission has adopted a major street plan of the territory within the municipal limits of said municipality, no building shall be erected on any lot within such territory or part nor shall a building permit be issued therefor unless the street giving access to the lot upon which such building is proposed to be placed:

(a)  Has been accepted or opened as or otherwise has received the legal

status of a public street prior to that time; or

(b)  Corresponds with a street shown on the official master plan, with a street

or subdivision plat approved by the planning commission, with a street on a street plat made by and adopted by the commission, or with a street accepted by the governing body in accordance with the provisions of section 31-23-217. Any building erected in violation of this section is an unlawful structure, and the building inspector or other appropriate official may cause it to be vacated or have it removed.

Source: L. 75: Entire title R&RE, p. 1151, � 1, effective July 1.


Editor's note: This section is similar to former � 31-23-118 as it existed prior

to 1975.

C.R.S. § 31-23-225

31-23-225. Major activity notice. When a subdivision or commercial or industrial activity is proposed which will cover five or more acres of land, the governing body of the municipality in which the activity is proposed shall send notice to the state geologist and the board of county commissioners of the county in which the improvement is located of the proposal prior to approval of any zoning change, subdivision, or building permit application associated with such a proposed activity.

Source: L. 75: Entire title R&RE, p. 1154, � 1, effective July 1. L. 2005: Entire

section amended, p. 669, � 7, effective June 1.

Editor's note: This section is similar to former � 31-23-125 as it existed prior

to 1975.

Cross references: For duties of the state geologist upon receipt of a notice,

see � 23-41-205.

C.R.S. § 31-23-228

31-23-228. Equestrian map and signs. (1) A municipality may publish a map showing the location of and character of existing or proposed equestrian infrastructure. The map may be published on the municipality's website. The map must include:

(a)  Equestrian venues, including fairgrounds, equestrian parks, public arenas,

and riding schools;

(b)  Equestrian trail infrastructure, including trails, designated trailer parking,

and access points to trails;

(c)  Equestrian-designated road crossings; and


(d)  Equestrian zones, as defined in section 31-23-206 (9)(a)(II).


(2)  A municipality may post road signs bearing the universal equestrian sign

symbol and the words wide and slow on roads determined to be equestrian zones in accordance with section 31-23-206 (9)(a)(II).

Source: L. 2025: Entire section added, (SB 25-149), ch. 266, p. 1376, � 7,

effective August 6.

Editor's note: Section 11(2) of chapter 266 (SB 25-149), Session Laws of

Colorado 2025, provides that the act adding this section applies to offenses committed on or after August 6, 2025.

Cross references: For the legislative declaration in SB 25-149, see section 1

of chapter 266, Session Laws of Colorado 2025.

PART 3

ZONING

Cross references: For county planning and building codes, see article 28 of

title 30.

Law reviews: For comment, The King Can Do Wrong: Local Government

Immunity from Zoning, see 57 U. Colo. L. Rev. 639 (1986); for article, Pronouncements of the U.S. Supreme Court Relating to the Criminal Law Field: 1985-1986, which discusses a case relating to municipal zoning, see 15 Colo. Law. 1560 (1986); for article, Land Use Decisionmaking: Legislative or Quasi-judicial Action, see 18 Colo. Law. 241 (1989); for article, Substantive Due Process and Zoning Decisions, see 25 Colo. Law. 71 (March 1996).

C.R.S. § 31-23-301

31-23-301. Grant of power - definitions. (1) Except as otherwise provided in section 34-1-305, C.R.S., for the purpose of promoting health, safety, morals, or the general welfare of the community, including energy conservation and the promotion of solar energy utilization, the governing body of each municipality is empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the height and location of trees and other vegetation, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. Regulations and restrictions of the height, number of stories, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. Such regulations shall provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules contained in such regulations. Subject to the provisions of subsection (2) of this section and to the end that adequate safety may be secured, said governing body also has power to establish, regulate, restrict, and limit such uses on or along any storm or floodwater runoff channel or basin, as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board, in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters. Any ordinance enacted under authority of this part 3 shall exempt from the operation thereof any building or structure as to which satisfactory proof is presented to the board of adjustment that the present or proposed situation of such building or structure is reasonably necessary for the convenience or welfare of the public.

(2)  The power conferred by subsection (1) of this section for flood prevention

and control shall not be exercised to deprive the owner of any existing property of its future use or maintenance for the purpose to which it was lawfully devoted on February 25, 1966, but provisions may be made for the gradual elimination of uses, buildings, and structures, including provisions for the elimination of such uses when the existing uses to which they are devoted are discontinued, and for the elimination of such buildings and structures when they are destroyed or damaged in major part.

(3)  The governing body of any municipality or the board of adjustment

thereof, in the exercise of powers pursuant to this section, may condition any zoning regulation, any amendment to such regulation, or any variance of the application thereof or the exemption of any building or structure therefrom upon the preservation, improvement, or construction of any storm or floodwater runoff channel designated and approved by the Colorado water conservation board.

(4)  A statutory or home rule city or town or city and county shall not enact an

ordinance prohibiting the use of a state-licensed group home for either persons with intellectual and developmental disabilities or behavioral or mental health disorders that serves not more than eight persons with intellectual and developmental disabilities or eight persons with behavioral or mental health disorders and appropriate staff as a residential use of property for zoning purposes. As used in this subsection (4), the phrase residential use of property for zoning purposes includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning.

(5) (a)  As used in this subsection (5), unless the context otherwise requires:


(I)  Repealed.


(II)  Equivalent performance engineering basis means that by using

engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units.

(b) (I)  No municipality may have or enact zoning regulations, subdivision

regulations, or any other regulation affecting development that exclude or have the effect of excluding homes or structures from the municipality that are:

(A)  Factory-built structures, as defined in section 24-32-3302 (11) and

certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf;

(B)  Manufactured homes certified by the United States department of

housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or

(C)  Homes that meet or exceed, on an equivalent performance engineering

basis, standards established by the municipal building code.

(I.5)  A municipality shall not impose more restrictive standards on factory-built structures than those the municipality applies to site-built homes in the same

residential zones. As used in this subsection (5)(b)(I.5), restrictive standards means zoning regulations, subdivision regulations, and any other regulation affecting development, including standards related to:

(A)  Home size or sectional requirements;


(B)  Improvement location;


(C)  Minimum floor space;


(D)  Permanent foundations;


(E)  Setback standards; and


(F)  Side-yard standards.


(II)  Nothing in this subsection (5) prevents a municipality from enacting any

zoning, developmental, use, aesthetic, or historical standard, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard, and setback standards to the extent that such standards or requirements are applicable to existing similar housing or structures or new site-built housing within the specific use district of the municipality.

(III)  Nothing in this subsection (5) precludes any municipality from enacting

municipal building code provisions for unique public safety requirements such as snow load roof, wind shear, wildfire risk, and energy conservation factors, unless it is a factory-built structure certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf or a manufactured home certified by the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf. A municipality must comply with section 24-32-3318 when enacting building code provisions for a manufactured home as regulated by the United States department of housing and urban development, and it must also comply with the requirements established by the division of housing for factory-built structures.

(IV)  Nothing in this subsection (5) shall be deemed to supersede any valid

covenants running with the land.

Source: L. 75: Entire title R&RE, p. 1155, � 1, effective July 1; (4) added, p. 934,

� 57, effective July 1. L. 79: (1) amended, p. 1163, � 13, effective January 1, 1980. L. 84: (5) added, p. 824, � 2, effective January 1, 1985. L. 87: (4) amended, p. 1217, � 2, effective July 1. L. 2006: (4) amended, p. 1408, � 76, effective August 7. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1379, � 300, effective May 25. L. 2021: (5)(a)(I) repealed and (5)(b)(I) and (5)(b)(III) amended, (HB 21-1019), ch. 122, p. 486, � 30, effective September 7. L. 2022: (5)(b)(I)(A) amended, (SB 22-212), ch. 421, p. 2982, � 72, effective August 10. L. 2025: IP(5)(b)(I), (5)(b)(I)(A), (5)(b)(I)(B), (5)(b)(II), and (5)(b)(III) amended and (5)(b)(I.5) added, (SB 25-002), ch. 172, p. 719, � 9, effective May 8.

Editor's note: This section is similar to former � 31-23-201 as it existed prior

to 1975.

Cross references: For the legislative declaration in SB 17-242, see section 1

of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 31-23-303

31-23-303. Legislative declaration. (1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote energy conservation; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.

(2) (a)  The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and

developmental disabilities, which homes are known as community residential homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern and that a state-licensed group home for eight persons with intellectual and developmental disabilities is a residential use of property for zoning purposes. As used in this subsection (2), the phrase residential use of property for zoning purposes includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, persons with intellectual and developmental disabilities has the same meaning as set forth in section 25.5-10-202, C.R.S.

(b) (I)  (Deleted by amendment, L. 2001, p. 104, � 2, effective March 21, 2001.)


(II)  The general assembly declares that the establishment of group homes

for the aged for the exclusive use of not more than eight persons sixty years of age or older per home is a matter of statewide concern. The general assembly further finds and declares that it is the policy of this state to enable and assist persons sixty years of age or older who do not need nursing facilities, and who so elect, to live in normal residential surroundings, including single-family residential units. Group homes for the aged must be distinguished from nursing facilities, as defined in section 25.5-4-103, and institutions providing life care, as defined in section 11-49-101. Every municipality that adopts a zoning ordinance shall provide for the location of group homes for the aged. A group home for the aged established under this subsection (2)(b) must not be located within seven hundred fifty feet of another group home, unless otherwise provided for by the municipality. Nothing in this subsection (2)(b) shall be construed to exempt the group homes from compliance with any state, county, or municipal health, safety, and fire codes. On April 29, 1976, every person sixty years of age or older who resides in a skilled or intermediate health-care facility and who may be transferred or discharged therefrom to a group home for the aged shall not be so discharged or transferred unless he or she has received ninety days' advance written notice thereof or has agreed in writing to the proposed transfer or discharge.

(b.5)  The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental

health disorders, as defined in section 27-65-102, is a matter of statewide concern and that a state-licensed group home for eight persons with behavioral or mental health disorders is a residential use of property for zoning purposes, as defined in section 31-23-301 (4). A group home for persons with behavioral or mental health disorders established pursuant to this subsection (2)(b.5) must not be located within seven hundred fifty feet of another such group home, unless otherwise provided for by the municipality. A person must not be placed in a group home without being screened by either a professional person, as defined in section 27-65-102 (27), or any other such mental health professional designated by the director of a facility approved by the commissioner of the behavioral health administration. Persons determined to be not guilty by reason of insanity to a violent offense must not be placed in such group homes, and any person who has been convicted of a felony involving a violent offense is not eligible for placement in such group homes. This subsection (2)(b.5) must be implemented, where appropriate, by the rules of the department of public health and environment concerning residential treatment facilities for persons with behavioral or mental health disorders. Nothing in this subsection (2)(b.5) exempts such group homes from compliance with any state, county, or municipal health, safety, and fire codes.

(b.7)  The general assembly finds and declares that it is the policy of the

state to encourage, promote, and assist persons who are in recovery from substance use disorders to live in residential neighborhoods. Further, the general assembly declares that the use of recovery residences, as defined in section 27-80-129 (1)(b), by persons in recovery from substance use disorders is a matter of statewide concern and that recovery residences are a residential use of property for zoning purposes and subject only to the regulations of like dwellings in the same zone.

(c)  Nothing in this subsection (2) shall be construed to supersede the

authority of municipalities and counties to regulate such homes appropriately through local zoning ordinances or resolutions, except insofar as such regulation would be tantamount to prohibition of such homes from any residential district. This section is specifically not to be construed to permit violation of the provisions of any zoning ordinance or resolution with respect to height, setbacks, area, lot coverage or external signage or to permit architectural designs substantially inconsistent with the character of the surrounding neighborhood. This section is also not to be construed to permit conducting of the ministerial activities of any private or public organization or agency or to permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. If reasonably related to the requirements of a particular home, a local zoning or other development regulations may, without violating the provisions of this section, also attach specific location requirements to the approval of the group home, including the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities.

(3)  The general assembly declares that the availability and affordability of

housing for residents of this state is a matter of statewide concern. It is the purpose of section 31-23-301 (5) to promote the public health, safety, and welfare by allowing residents of this state an additional opportunity to be able to live in decent, safe, and affordable housing on a permanent basis by prohibiting the exclusion of manufactured homes on single site lots from municipalities where the manufactured homes meet or exceed on an equivalent performance engineering basis the standards established by the municipal building code.

Source: L. 75: Entire title R&RE, p. 1156, � 1, effective July 1; entire section

amended, p. 934, � 58, effective July 1. L. 76: (2)(a.5) added, p. 695, � 2, effective April 29. L. 79: (1) amended, p. 1164, � 14, effective January 1, 1980. L. 84: (3) added, p. 825, � 3, effective January 1, 1985. L. 87: (2)(b.5) added, p. 1217, � 3, effective July 1. L. 90: (2)(b) amended, p. 1477, � 2, effective July 1. L. 91: (2)(b)(II) amended, p. 1858, � 21, effective April 11. L. 92: (2)(b.5) amended, p. 2179, � 44, effective June 2. L. 94: (2)(b.5) amended, p. 2715, � 298, effective July 1. L. 2001: (2)(a), (2)(b), and (2)(b.5) amended, p. 104, � 2, effective March 21. L. 2006: (2)(b)(II) amended, p. 2022, � 116, effective July 1; (2)(b.5) amended, p. 1408, � 77, effective August 7. L. 2010: (2)(b.5) amended, (SB 10-175), ch. 188, p. 806, � 82, effective April 29. L. 2013: (2)(a) amended, (HB 13-1314), ch. 323, p. 1813, � 53, effective March 1, 2014. L. 2017: (2)(b.5) amended, (SB 17-242), ch. 263, p. 1379, � 301, effective May 25; (2)(b)(II) amended, (SB 17-226), ch. 159, p. 590, � 10, effective August 9. L. 2022: (2)(b.5) amended, (HB 22-1256), ch. 451, p. 3238, � 49, effective August 10. L. 2024: (2)(b.7) added, (SB 24-048), ch. 405, p. 2786, � 8, effective August 7. L. 2025: (2)(b)(II) amended, (HB 25-1184), ch. 210, p. 951, � 12, effective August 6.

Editor's note: (1)  This section is similar to former � 31-23-203 as it existed

prior to 1975.

(2)  Subsection (2) was renumbered on revision in 1977 for ease of location.


Cross references: (1)  For the care and treatment of the persons with

intellectual and developmental disabilities, see article 10.5 of title 27.

(2)  For the legislative declaration in SB 17-242, see section 1 of chapter 263,

Session Laws of Colorado 2017.

C.R.S. § 31-23-312

31-23-312. Safety glazing materials. The governing body of each municipality in this state shall adopt standards governing the use of safety glazing materials for hazardous locations within its jurisdiction. No building permit shall be issued for the construction, reconstruction, or alteration of any structure in such municipality unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The building inspection authority in such municipality shall inspect all places to determine whether such places are in compliance with the standards for the use of safety glazing materials.

Source: L. 75: Entire title R&RE, p. 1158, � 1, effective July 1. L. 86: Entire

section amended, p. 502, � 123, effective July 1.

Editor's note: This section is similar to former � 31-23-212 as it existed prior

to 1975.

C.R.S. § 31-25-103

31-25-103. Definitions. As used in this part 1, unless the context otherwise requires:

(1)  Agricultural land means any one parcel of land or any two or more

contiguous parcels of land that, regardless of the uses for which the land has been zoned, has been classified by the county assessor as agricultural land for purposes of the levying and collection of property tax pursuant to sections 39-1-102 (1.6)(a) and 39-1-103 (5)(a), C.R.S., at any time during the five-year period prior to the date of adoption of an urban renewal plan or any modification of such a plan.

(2)  Blighted area means an area that, in its present condition and use and,

by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare:

(a)  Slum, deteriorated, or deteriorating structures;


(b)  Predominance of defective or inadequate street layout;


(c)  Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;


(d)  Unsanitary or unsafe conditions;


(e)  Deterioration of site or other improvements;


(f)  Unusual topography or inadequate public improvements or utilities;


(g)  Defective or unusual conditions of title rendering the title nonmarketable;


(h)  The existence of conditions that endanger life or property by fire or other

causes;

(i)  Buildings that are unsafe or unhealthy for persons to live or work in

because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities;

(j)  Environmental contamination of buildings or property;


(k)  (Deleted by amendment, L. 2004, p. 1745, � 3, effective June 4, 2004.)


(k.5)  The existence of health, safety, or welfare factors requiring high levels

of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or

(l)  If there is no objection by the property owner or owners and the tenant or

tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, blighted area also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation.

(3)  Bonds means any bonds (including refunding bonds), notes, interim

certificates or receipts, temporary bonds, certificates of indebtedness, debentures, or other obligations.

(3.1)  Brownfield site means real property, the development, expansion,

redevelopment, or reuse of which will be complicated by the presence of a substantial amount of one or more hazardous substances, pollutants, or contaminants, as designated by the United States environmental protection agency.

(3.3)  Business concern has the same meaning as business as set forth in

section 24-56-102 (1), C.R.S.

(3.5)  Displaced person has the same meaning as set forth in section 24-56-102 (2), C.R.S., and for purposes of this part 1 shall also include any individual,

family, or business concern displaced by the acquisition by eminent domain of real property by an authority.

(3.7)  Governing body means the governing body of the municipality within

which an authority has been established in accordance with the requirements of this part 1.

(4)  Obligee means any bondholder, agent, or trustee for any bondholder, or

any lessor demising to an authority property used in connection with an urban renewal project of the authority, or any assignee of such lessor's interest or any part thereof, and the federal government when it is a party to any contract or agreement with the authority.

(5)  Public body means the state of Colorado or any municipality, quasi-municipal corporation, board, commission, authority, or other political subdivision or

public corporate body of the state.

(6)  Real property means lands, lands under water, structures, and any and

all easements, franchises, incorporeal hereditaments, and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.

(7)  Slum area means an area in which there is a predominance of buildings

or improvements, whether residential or nonresidential, and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare.

(7.5)  Urban-level development means an area in which there is a

predominance of either permanent structures or above-ground or at-grade infrastructure.

(8)  Urban renewal area means a slum area, or a blighted area, or a

combination thereof which the local governing body designates as appropriate for an urban renewal project.

(8.5)  Urban renewal authority or authority means a corporate body

organized pursuant to the provisions of this part 1 for the purposes, with the powers, and subject to the restrictions set forth in this part 1.

(9)  Urban renewal plan means a plan, as it exists from time to time, for an

urban renewal project, which plan conforms to a general or master plan for the physical development of the municipality as a whole and which is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

(10)  Urban renewal project means undertakings and activities for the

elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Such undertakings and activities may include:

(a)  Acquisition of a slum area or a blighted area or portion thereof;


(b)  Demolition and removal of buildings and improvements;


(c)  Installation, construction, or reconstruction of streets, utilities, parks,

playgrounds, and other improvements necessary for carrying out the objectives of this part 1 in accordance with the urban renewal plan;

(d)  Disposition of any property acquired or held by the authority as a part of

its undertaking of the urban renewal project for the urban renewal areas (including sale, initial leasing, or temporary retention by the authority itself) at the fair value of such property for uses in accordance with the urban renewal plan;

(e)  Carrying out plans for a program through voluntary action and the

regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and

(f)  Acquisition of any other property where necessary to eliminate

unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities.

Source: L. 75: Entire title R&RE, p. 1159, � 1, effective July 1. L. 99: (2)

amended, p. 529, � 1, effective May 3. L. 2004: (2)(f), (2)(h), (2)(j), (2)(k), and (2)(l) amended and (2)(k.5), (3.3), (3.5), and (3.7) added, p. 1745, �� 3, 2, effective June 4. L. 2005: IP(10) amended, p. 1264, � 3, effective June 3. L. 2010: (1) amended and (3.1), (7.5), and (8.5) added, (HB 10-1107), ch. 89, p. 298, � 2, effective June 1.

Editor's note: This section is similar to former � 31-25-103 as it existed prior

to 1975.

C.R.S. § 31-25-501

31-25-501. Definitions. As used in this part 5, unless the context otherwise requires:

(1)  Assessment unit means an area within a district which is separately

defined for determining assessments payable pursuant to this part 5.

(1.5)  District means the geographical division of the municipality and, in

accordance with the provisions of this part 5, the county in which such municipality is situated, or any other municipality within such county, within which any local improvement may be made or, when so declared by the governing body, may include the entire municipal area. One or more noncontiguous parts or sections of property may be included in one district.

(1.7) (a)  Elector of the district means a person who, at the designated time

or event, is registered to vote in the general election in this state and:

(I)  Who is a resident of the district or the area to be included in the district; or


(II)  Who or whose spouse or civil union partner owns taxable real or personal

property within the district or the area to be included in the district whether or not said person resides within the district.

(b)  Where the owner of taxable real or personal property specified in

subparagraph (II) of paragraph (a) this subsection (1.7) is not a natural person, an elector of the district shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the clerk of the municipality. Only one such person may be designated by an owner.

(1.9)  Energy efficiency improvement means an installation or modification

that is designed to reduce energy consumption in residential or commercial buildings and includes, but is not limited to, the following:

(a)  Insulation in walls, roofs, floors, and foundations and in heating and

cooling distribution systems;

(b)  Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems,

additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(c)  Automatic energy control systems;


(d)  Heating, ventilating, or air conditioning and distribution system

modifications or replacements in buildings or central plants;

(e)  Caulking and weatherstripping;


(f)  Replacement or modification of lighting fixtures to increase the energy

efficiency of the system without increasing the overall illumination of a residential or commercial building unless such increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;

(g)  Energy recovery systems;


(h)  Daylighting systems; and


(i)  Any other modification, installation, or remodeling approved as a utility

cost-savings measure by the governing body; except that no renewable energy improvement shall be authorized that interferes with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. The public utilities commission shall have primary jurisdiction to adjudicate disputes as to whether a renewable energy improvement interferes with such a right.

(2)  Owner, in reference to petitions, means only persons in whom the

record fee title is vested, although subject to lien or encumbrance.

(3)  Property means all land, whether platted or unplatted, regardless of

improvements thereon and regardless of lot or land lines. The term also includes the franchise of any railroad whose tracks lie, either lengthwise or crosswise, within any street improved under this part 5. Lots may be designated in accordance with any recorded map or plat thereof, unplatted lands by any definite description thereof, and franchises by the name of the corporation owning the same.

(3.5)  Qualified community location means:


(a)  If the affected local electric utility is not an investor-owned utility, an off-site location of a renewable energy improvement that:


(I)  Is wholly owned, through either an undivided or a fractional interest, by

the owner or owners of the residential or commercial building or buildings that are directly benefited by the renewable energy improvement;

(II)  Provides energy as a direct credit on the owner's utility bill; and


(III)  Is an encumbrance on the property specifically benefited.


(b)  If the affected local electric utility is an investor-owned utility, a

community solar garden as that term is defined in section 40-2-127 (2), or a community geothermal garden as that term is defined in section 40-2-127.5 (2).

(4) (a)  Renewable energy improvement means a fixture, product, system,

device, or interacting group of devices that produces energy from renewable resources, including photovoltaic systems, solar thermal systems, small wind systems, biomass systems, hydroelectric systems, or geothermal systems, as may be authorized by the governing body, and that either:

(I)  Is installed behind the meter of a residential or commercial building; or


(II)  Directly benefits a residential or commercial building through a qualified

community location.

(b)  No renewable energy improvement shall be authorized that interferes

with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this part 5 limits the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities, or modifies or expands the net metering limitations established in section 40-9.5-118, C.R.S. The public utilities commission has primary jurisdiction to adjudicate disputes as to whether a renewable energy improvement interferes with such a right.

Source: L. 75: Entire title R&RE, p. 1190, � 1, effective July 1. L. 86: (1) R&RE

and (1.5) added, p. 1047, �� 2, 3, effective July 1. L. 90: (1.5) amended, p. 1472, � 5, effective July 1. L. 99: (1.7) added, p. 518, � 16, effective April 30. L. 2002: (1.7) amended, p. 272, � 12, effective August 7. L. 2008: (1.9) and (4) added, p. 1300, � 22, effective May 27. L. 2010: (3.5) added and (4) amended, (SB 10-100), ch. 207, p. 903, � 7, effective May 5. L. 2016: (1.7)(a) amended, (SB 16-142), ch. 173, p. 592, � 78, effective May 18. L. 2022: (3.5)(b) amended, (SB 22-118), ch. 335, p. 2379, � 14, effective August 10. L. 2023: (3.5)(b) amended, (HB 23-1301), ch. 303, p. 1840, � 73, effective August 7.

Editor's note: This section is similar to former � 31-25-501 as it existed prior

to 1975.

C.R.S. § 32-1-1002

32-1-1002. Fire protection districts - additional powers and duties - definitions - vegetative fuel removal - rules. (1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of the district:

(a)  To acquire, dispose of, or encumber fire stations, fire protection and fire

fighting equipment, and any interest therein, including leases and easements;

(b)  To have and exercise the power of eminent domain and dominant eminent

domain and, in the manner provided by article 1 of title 38, C.R.S., to take any property necessary to the exercise of the powers granted, both within and without the special district;

(c)  To undertake and to operate as a part of the duties of the fire protection

district an ambulance service, an emergency medical service, a rescue unit, and a diving and grappling service;

(d)  To adopt and enforce fire codes, as the board deems necessary, but no

such code shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating that the code or specific portions thereof shall be applicable within the fire protection district's boundaries; except that nothing in this subsection (1)(d) shall be construed to affect any fire codes existing on June 30, 1981, that have been adopted by the governing body of a municipality or county. Notwithstanding any other provision of this section, no fire protection district shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.

(d.5) (I)  To impose an impact fee on the construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries pursuant to a schedule that is:

(A)  Legislatively adopted;


(B)  Generally applicable to a broad class of property; and


(C)  Intended to defray the projected impacts on capital facilities caused by

the proposed construction.

(II)  A district shall quantify the reasonable impacts of proposed construction

on existing capital facilities and establish the impact fee at a level no greater than necessary to defray such impacts directly related to the proposed construction. An impact fee shall not be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed construction.

(III)  Any schedule of impact fees adopted by a district pursuant to this

subsection (1)(d.5) must include provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the impact fee is imposed.

(IV)  No later than sixty calendar days before adopting an impact fee

schedule pursuant to this subsection (1)(d.5), a district shall notify the clerk of every municipality or county that includes territory that is wholly or partly located within the district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule of the district's intent to adopt the schedule and provide a reasonable opportunity for the municipality or county to submit written comments regarding the schedule of impact fees to the board of the district.

(V)  An impact fee imposed pursuant to this subsection (1)(d.5) must be

collected and accounted for in the same manner as a land development charge is required to be collected and accounted for pursuant to part 8 of article 1 of title 29.

(VI)  An impact fee shall not be imposed on any construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries, for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the adoption of a schedule of impact fees by the district pursuant to this subsection (1)(d.5). A district shall not collect an impact fee before the issuance of a building permit by the approving local government. The approving local government shall notify the district of the issuance of a building permit for the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries at the time of issuance.

(VII)  Any person or entity that owns or has an interest in land that is or

becomes subject to a schedule of impact fees imposed by a district pursuant to this subsection (1)(d.5) shall, by receiving a building permit from the approving local government, have standing to file an action for declaratory judgment to determine whether the impact fee schedule complies with the provisions of this subsection (1)(d.5). A person or entity with standing who believes that a district has improperly applied an impact fee schedule pursuant to this subsection (1)(d.5) to the construction of any new buildings, structures, facilities, or improvements, including oil or gas well and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries may pay the fee imposed and proceed with construction without prejudice to the person or entity's right to challenge the impact fee imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that the district has either imposed an impact fee on construction that is not subject to the adopted schedule of impact fees or improperly calculated the impact fee amount, it may enter judgment in favor of the person or entity for the amount of any impact fee wrongfully collected with interest thereon from the date of collection.

(VIII)  As used in this subsection (1)(d.5):


(A)  Capital facility means any improvement or facility that is directly

related to any service that a district is authorized to provide, has an estimated useful life of five years or longer, and is required by the bylaws, rules, or regulations of a district, as adopted by the board of the district.

(B)  Local government has the same meaning as set forth in section 29-20-103 (1.5).


(IX)  Notwithstanding the provisions of this section, a fire protection district

may waive an impact fee or other similar development charge on the development of low- or moderate-income housing or affordable employee housing as defined by the fire protection district.

(e)  In addition to all other fees and charges allowed by this article 1, to fix

and from time to time increase or decrease fees and charges as follows, and the board may pledge such revenue for the payment of any indebtedness of the district:

(I)  For ambulance or emergency medical services and extrication, rescue, or

safety services provided in furtherance of ambulance or emergency medical services. Extrication, rescue, or safety services includes but is not limited to any:

(A)  Services provided prior to the arrival of an ambulance;


(B)  Rescue or extrication of trapped or injured parties at the scene of a motor

vehicle accident; and

(C)  Lane safety or blocking provided by district equipment.


(II)  For requested or mandated inspections if a fire code is in existence on

June 30, 1981, as specified in paragraph (d) of this subsection (1) or has been adopted thereafter pursuant to said paragraph (d);

(III)  For requested inspections if a fire code has been adopted by the board of

the fire protection district, whether or not the code has been adopted by a municipality or county pursuant to paragraph (d) of this subsection (1);

(f)  In areas of the special district where the county or municipality has

rejected the adoption of a fire code submitted by the fire protection district, to compel the owners of premises, whenever necessary for the protection of public safety, to install fire escapes, fire installations, fireproofing, automatic or other fire alarm apparatus, fire extinguishing equipment, and other safety devices. This paragraph (f) shall not apply when a valid ordinance providing for fire safety standards, pursuant to section 30-15-401.5, C.R.S., is in effect.

(g)  To create and maintain a paid firefighters' pension fund, under the

provisions of parts 2 and 4 of article 30.5 of title 31, C.R.S., subject to the provisions of article 31 of said title, and a volunteer firefighter pension fund under part 11 of article 30 of title 31, C.R.S.;

(h)  To establish, in its discretion, a system of civil service in the fire

protection district to cover its paid employees who are directly employed by the fire protection district as full-time paid firefighters in accordance with the provisions of subsection (2) of this section;

(i) (I)  A fire protection district may establish, in its discretion, a program to

require the removal of vegetative fuel from privately owned real property within the boundaries of the district, and a fire protection district that establishes a program shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A fire protection district shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.

(II)  A fire protection district that establishes a program pursuant to section

(1)(i)(I) of this section may assess a fine against an owner or occupier of privately owned real property containing vegetative fuel only in accordance with this subsection (1)(i)(II). An incident covers all vegetative fuel on a property. For each incident of vegetative fuel on a property, a fire protection district must provide to an owner and occupier of the privately owned real property written notice of the requirement to remove vegetative fuel from a property and the amount of a potential fine, and information on possible funding or grant programs to assist owners or occupiers about effective vegetative fuel mitigation, including the Colorado wildfire resilient homes grant, the forest restoration and wildfire risk mitigation grant program, or any other local or state program about effective vegetative fuel mitigation. At least fourteen days after providing a first notice, if the vegetative fuel has not been removed, a district may provide a second written notice to the owner and occupier containing the same information. At least fourteen days after providing a second notice, if the vegetative fuel has not been removed, a district may assess a fine against the owner or occupier by providing written notice of the fine to the owner and occupier by certified mail. The amount of a fine must be approximately equal to the cost of removal of the vegetative fuel on the property and must not exceed two hundred dollars per property per incident. An owner or occupier is not subject to more than one fine for the same incident. The sum of all fines assessed against a single property must not exceed one thousand two hundred dollars. A fine is waived if the owner or occupier removes or causes the removal of the vegetative fuel within fourteen days of receiving notice of an assessment of a fine. A fire protection district may not access any privately owned real property pursuant to this subsection (1)(i)(II) without the written permission of the owner or occupier of the property. An owner or occupier is not liable to a fire protection district for damages to fire protection district personnel or equipment occurring on the privately owned real property while fire protection district personnel or equipment are present on the property to carry out the purposes of this section. A fire protection district may not use a drone to discover vegetative fuel on a property or to administer or enforce this subsection (1)(i).

(III)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section must use the money collected from a fine assessed pursuant to this section only to remove vegetative fuel on private real property within the district's jurisdiction. A fire protection district must prioritize use of the money to assist a low-income owner or occupier, a senior owner or occupier, or an owner or occupier with a disability to remove vegetative fuel from the owner or occupier's property.

(IV)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall establish a process for a person that owns or occupies property that is subject to a fine imposed by the fire protection district pursuant to subsection (1)(i)(II) of this section to file an objection to the fine with the district's board. A district's board may waive the fine in all or in part, in its discretion, if it determines that:

(A)  The fine was not assessed in compliance with subsection (1)(i)(II) of this

section;

(B)  The owner or occupier filing an objection is financially unable to pay all or

a portion of the fine;

(C)  An owner or occupier against which a fine was assessed has removed or

caused the removal of the vegetative fuel after the assessment of the fine; or

(D)  A waiver is appropriate under the circumstances.


(V)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section may cause a delinquent charge made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be by title 31.

(VI)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall adopt rules and policies after a public hearing, public notice, and the allowance of public comment to implement this subsection (1)(i) and shall post the adopted rules and policies on the district's website, on social media operated by the district, and in a local newspaper of general circulation. A program established pursuant to subsection (1)(i)(I) of this section may only be effective thirty days or more after posting of the adopted rules and policies on the district's website. As part of the adopted rules and policies, a fire protection district shall designate an individual to oversee and manage the program.

(VII)  A fire protection district may waive a fine for delays due to weather or

upon a petition for a time extension from an owner or occupier if an owner or occupier has undertaken good faith efforts to remove the vegetative fuel, at the discretion of the fire protection district. Good faith efforts include documentation from an arborist or licensed professional landscape architect that states when the arborist or licensed professional landscape architect will be able to mitigate the vegetative fuel on a property and the cost of the mitigation. A fire protection district shall grant a time extension to mitigate or pay a fine assessed against the owner or occupier of the property for:

(A)  No longer than three months if the cost to mitigate exceeds one

thousand dollars and is less than two thousand five hundred dollars;

(B)  No longer than six months if the cost to mitigate equals or exceeds two

thousand five hundred dollars and is less than five thousand dollars;

(C)  No longer than nine months if the cost to mitigate equals or exceeds five

thousand dollars and is less than ten thousand dollars; or

(D)  No longer than one year if the cost to mitigate equals or exceeds ten

thousand dollars.

(2) (a)  A fire protection district's civil service system shall not cover

employees of a fire department that renders fire protection service to the fire protection district under contract. The question of establishing a system of civil service shall be submitted at any regular special district election or special election of the fire protection district and shall not become effective unless approved as required for authorization of indebtedness. In establishing a system of civil service, the board may provide for the exclusion of supervisory and administrative personnel from the system. The board shall appropriate such funds as are necessary for the regular special district election or special election from the general funds of the fire protection district, and the election shall be held and conducted as provided in articles 1 to 13.5 of title 1, C.R.S.

(b) (I) (A)  Except as provided in sub-subparagraph (B) of this subparagraph

(I), the board of any fire protection district establishing a system of civil service for its paid employees may appoint three electors residing in the district to serve as a civil service committee, referred to in this subsection (2) as the committee. Of those initially appointed, one member of the committee shall be appointed for a term of two years, one for four years, and one for six years; thereafter, each member shall be appointed for a term of six years.

(B)  When two or more fire protection districts having established civil service

systems consolidate into a single consolidated district pursuant to section 32-1-602, the civil service committee of each of the consolidating districts shall dissolve, and the board of directors of the consolidated district shall appoint at least three but no more than nine members to serve on the civil service committee of the consolidated district. Of those initially appointed, three of the members of the civil service committee of the consolidated district shall serve staggered terms pursuant to sub-subparagraph (A) of this subparagraph (I), and the board shall appoint any other member for a term of six years. Thereafter, each member shall be appointed for a term of six years.

(C)  Any member may be appointed to succeed himself or herself. No paid

firefighter employed by the fire protection district may be a member of the committee. The members of the committee shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the discharge of their duties.

(D)  The board of directors of any fire protection district consolidated prior to

July 1, 1996, may expand, by appointment, the membership of its established civil service committee to no more than nine members pursuant to sub-subparagraph (B) of this subparagraph (I). The board shall appoint such members for a term of six years.

(II)  The committee shall elect from among its members a president. The

secretary of the board shall serve as the secretary of the committee but shall have no vote on the committee. The secretary shall keep a record of the minutes of all proceedings of the committee in a bound book separate and apart from the records of the board. The secretary is the only member of the board who may be a member of the committee.

(III)  Any member of the committee may be discharged by the board for

cause, but only after affording the member the right to a public hearing at which the member may be represented by counsel. Vacancies in office on the committee shall be filled according to the provisions of section 1-12-207, C.R.S.

(IV)  The attorney for the board shall act as legal advisor to the committee,

but at all hearings before the committee involving a firefighter, such firefighter may be represented by counsel.

(c)  The committee shall:


(I)  Establish standards for employment and termination of employment,

including minimum conditions of employment for applicants for appointment and promotion, which shall assure that such applicants shall be of good moral character and physically, mentally, and emotionally capable of performing arduous duties, eighteen years of age or older, graduates of a high school or the equivalent thereof, citizens of the United States, and residents of the state of Colorado. In establishing standards concerning a person's character, the committee shall be governed by the provisions of section 24-5-101, C.R.S.

(II)  Recruit applicants for employment; formulate and hold competitive

examinations, or cause the same to be done, in order to determine the relative qualifications of persons seeking employment in any class or position as a firefighter; and formulate and hold promotional examinations for firefighters within the fire department of the fire protection district, or cause the same to be done;

(III)  Certify to the board, as a result of such examinations, lists of qualified

applicants for the various classes of positions who successfully completed such examinations;

(IV)  Determine that any examination held pursuant to subparagraph (II) or (III)

of this paragraph (c) is practical and consists only of subjects which will fairly determine the capacity of persons examined to perform duties of the position sought, including, but not limited to, tests of physical fitness and manual skill;

(V)  When a vacant position is to be filled, certify to the board, upon written

request of the board, the names of the three persons highest on the eligible list for that position or the applicable classification; but if less than three persons are on such list, then all the names shall be certified to the board. If there are no such lists, the committee shall authorize provisional or temporary appointment lists for such position or applicable classification.

(d)  The committee, from time to time, may make, amend, and repeal bylaws

and rules and regulations necessary to administer the provisions of this subsection (2).

(e)  Disciplinary action against any firefighter may be instituted by the chief

of the fire protection district, and a hearing thereon, after reasonable notice, shall be afforded to the firefighter concerned, at which hearing the firefighter may be represented by counsel of his or her choice at his or her expense. Such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. Any firefighter aggrieved by the decision of the board may obtain review thereof by appeal to the committee, and on such review the firefighter may be represented by counsel of his or her choice at his or her expense.

(f)  The committee shall hear all complaints involving alleged injustice,

wrongful discharge, and other violations of the rules and regulations of the committee and shall hear all appeals from decisions of the board on disciplinary actions pursuant to paragraph (e) of this subsection (2). All such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. The decision of the committee shall be final and shall not be set aside except by the committee or by a court of competent jurisdiction. Judicial review of any decision of the committee may be had in the same manner as prescribed in section 24-4-106, C.R.S.

(g)  The board, if requested by the committee, may contract with any

municipal or state agency for the purpose of conducting examinations for original appointment or for promotion, or for any other purpose in connection with the selection or administration of personnel.

(h)  The firefighters of any fire protection district in good standing at the time

of the establishment of said civil service system shall continue in their employment and rank, shall be automatically included in the civil service system, and shall be promoted or discharged in accordance with the provisions of the civil service rules and regulations; except that the office of fire chief shall be excluded from such civil service system. The board shall make provision for tenure of the fire chief, and the committee shall implement the same by appropriate rules and regulations.

(i)  Any fire protection district which has established a system of civil service

for its paid employees pursuant to this section shall not terminate the system unless the question of termination is submitted at an election. The election shall be conducted pursuant to articles 1 to 13.5 of title 1, C.R.S.

(j)  The board shall appropriate annually, by resolution, to the committee

sufficient funds to administer the provisions of this subsection (2).

(k)  If any county assumes countywide responsibility for fire protection or any

board of county commissioners becomes the board of a fire protection district and adopts a countywide merit, civil service, or career service system, any civil service system established under the provision of this subsection (2) shall be dissolved and merged with such countywide system, including all employees' benefits, rights, liabilities, and duties accrued or incurred under this subsection (2), and the same shall be continued following such merger.

(3) (a)  The chief of the fire department in each fire protection district in the

state of Colorado, by virtue of the office held by the chief, shall have authority over the supervision of all fires within the district; except that responsibility for coordinating fire suppression efforts in case of any prairie, forest, or wildland fire that exceeds the capabilities of the district to control or extinguish shall be transferred to the county sheriff in accordance with section 30-10-513, subject to the duties and obligations imposed by this subsection (3) and subject to the provisions of any relevant plans or agreements. The chief is vested with the other express authority contained in this subsection (3), including commanding the fire department of such district.

(b)  The chief of the fire department in each fire protection district shall:


(I)  Enforce all laws of this state and ordinances and resolutions of the

appropriate political subdivisions relating to the prevention of fires and the suppression of arson;

(II) (A)  Inspect, or cause to be inspected by members or officers of his

department, as often as he shall deem necessary, all buildings, premises, and public places, except the interior of any private dwelling, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or for the purpose of obtaining information relative to the violation of the various provisions of this subsection (3). Any individual conducting such inspection shall carry on his person properly authorized fire department identification which shall be shown, on request, to the owner, lessee, agent, or occupant of any structure prior to the inspection of the same.

(B)  The chief of any such fire department or fire department members

designated by the chief have the authority to enter into all structures and upon all premises within their respective jurisdictions at reasonable times during business hours or such times as such structures or premises are open for the purpose of examination in conformity with the duties imposed by this subsection (3), and it is unlawful for any person to interfere with the chief of any such fire department, or any member of such fire department designated by the chief to conduct an inspection, in the discharge of his duties or to hinder or prevent him from entering into or upon or from inspecting any buildings, establishments, enclosures, or premises in the discharge of his duties.

(III)  Include, as part of the inspections required by subparagraph (II) of this

paragraph (b), all of the following:

(A)  An inspection of all buildings and enclosures to see that proper

receptacles for ashes are provided, to cause all rubbish or other inflammable material to be properly removed or disposed of, and to make such suggestions and issue such orders to the owners or occupants of buildings as, in the opinion of such inspecting officer, will render the same safe from fire;

(B)  An inspection of the surroundings of boilers and other heating apparatus

in any building to ascertain whether all woodwork is properly protected and that no rubbish or combustible material is allowed to accumulate;

(C)  An inspection of fire escapes and stairways to cause the removal of all

obstructions therefrom and of all places where explosives or inflammable compounds are sold or stored;

(D)  An inspection of the construction, placing, repair, and control of all fire

escapes, standpipes, pressure tanks, fire doors, fire shutters, fire lines, fire hose, sprinkling systems, exit lights, and exit signs and a review of the installation and testing of fire equipment in all buildings and places requiring such equipment and of the provisions for means of escape or protection against loss of life and property from fire in such buildings and places;

(IV)  Enforce, within his respective jurisdiction, all laws of this state and

ordinances and resolutions of any appropriate political subdivision pertaining to the keeping, storage, use, manufacture, sale, handling, transportation, or other disposition of highly inflammable materials and rubbish, gunpowder, dynamite, crude petroleum or any of its products, explosive or inflammable liquids or compounds, tablets, torpedoes, or any explosives of a like nature, or any other explosive, including fireworks and firecrackers, and such chief may prescribe the materials and construction of receptacles to be used for the storage of any of said items; but authorization for enforcement of the provisions of this subsection (3) does not extend to the production, transportation, or storage of inflammable liquids as regulated by articles 20 and 20.5 of title 8 and title 34, C.R.S.;

(V)  Investigate or cause to be investigated the cause, origin, and

circumstance of every fire occurring within his jurisdiction by which property is destroyed or damaged and, so far as is possible, determine whether the fire was the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of the fire, and if, after such investigation, the chief is of the opinion that the facts in relation to such fire indicate that a crime has been committed, he shall present the facts of such investigation and the testimony taken from any person involved, together with any other data in his possession, to the district attorney of the proper county, with his request that the district attorney institute such criminal proceedings as the investigation, testimony, or data may warrant. It is the duty of the district attorney upon such request to assist in such further investigation as may be required.

(c)  Whenever any chief, or any designated member of a fire department,

finds, through inspection procedures as outlined in subparagraph (II) or (III) of paragraph (b) of this subsection (3), any building or other structure which, for want of repair of or lack of or insufficient fire escapes, automatic or other fire alarm apparatus, or fire extinguishing equipment as may be required by law or for reasons of age, dilapidated condition, or any other cause, is especially liable to fire or is hazardous to the safety of the occupants thereof and which is so situated as to endanger other property, and whenever such officer finds in any building combustible or explosive matter or inflammable conditions, dangerous to the safety of such building or its occupants, the chief shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner, lessee, agent, or occupant of such premises or buildings. Any such owner, lessee, agent, or occupant who feels himself aggrieved by any such order may file, within five days after the making of any such order, a petition with the district court of the county in which such premises or building is located, requesting a review of such order, and it is the duty of such court to hear the same at the first convenient day and to make such order in the premises as justice may require, and such decision shall be final.

(d)  Any owner, lessee, agent, or occupant of any building or premises

maintaining any condition likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of this subsection (3) shall be deemed to be maintaining a fire hazard. Any person who violates any provision of this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars. Each day in which such a violation occurs shall constitute a separate violation of this subsection (3).

(4) (a)  Within any fire protection district organized under the provisions of

this article, it is unlawful for any person:

(I)  To willfully or maliciously give, make, or cause to be given or made a false

alarm of fire, whether by the use of a fire alarm box, telephone call, or otherwise;

(II)  To willfully or maliciously disconnect, cut, or sever any wire of the fire

alarm telegraph or in any manner tamper with any part of such communication apparatus;

(III)  To aid, abet, knowingly permit, or participate in the commission of any

act prohibited by this paragraph (a).

(b)  Any person who violates any provision of this subsection (4) commits a

class 2 misdemeanor.

(c)  The provisions of paragraphs (a) and (b) of this subsection (4) shall not

limit the power of municipalities to enact ordinances covering the same or similar subject matter, but no person acquitted of, convicted of, or pleading guilty to a violation of a municipal ordinance shall be charged or tried in a state court for the same or a similar offense, and no person acquitted of, convicted of, or pleading guilty to a violation of paragraph (a) of this subsection (4) in a state court shall be charged or tried in a municipal court for the same or a similar offense.

(5)  The district attorney in the judicial district in which the special district

was organized shall prosecute any violation under subsection (3) or (4) of this section.

Source: L. 81: Entire article R&RE, p. 1591, � 1, effective July 1. L. 85: (1)(d) and

(1)(f) amended, p. 1062, � 2, effective July 1. L. 92: (2)(a), (2)(b)(III), and (2)(i) amended, p. 887, � 126, effective January 1, 1993. L. 95: (1)(g) amended, p. 1386, � 19, effective June 5; (3)(b)(IV) amended, p. 420, � 10, effective July 1. L. 96: (2)(b)(I) amended, p. 247, � 1, effective April 8; (1)(d) amended, p. 283, � 3, effective April 11; (1)(g) amended, p. 943, � 9, effective May 23. L. 97: (1)(h), (2)(b)(IV), (2)(c)(II), (2)(e), and (2)(h) amended, p. 1027, � 59, effective August 6. L. 2009: (3)(a) amended, (SB 09-020), ch. 189, p. 830, � 6, effective April 30; (1)(e)(I) amended, (HB 09-1041), ch. 415, p. 2291, � 1, effective August 5; (3)(a) amended, (SB 09-001), ch. 30, p. 128, � 6, effective August 5. L. 2010: (1)(e)(I)(B) amended, (HB 10-1095), ch. 23, p. 96, � 1, effective August 11. L. 2016: (1)(d.5) added, (HB 16-1088), ch. 259, p. 1061, � 4, effective June 8; (2)(a) and (2)(i) amended, (SB 16-189), ch. 210, p. 788, � 93, effective June 6. L. 2017: IP(1) and (1)(d) amended, (SB 17-222), ch. 245, p. 1028, � 7, effective August 9. L. 2021: (4)(b) amended, (SB 21-271), ch. 462, p. 3257, � 545, effective March 1, 2022. L. 2024: (1)(d.5) and IP(1)(e) amended, (SB 24-194), ch. 230, p. 1413, � 3, effective August 7; (3)(a) amended, (HB 24-1155), ch. 48, p. 172, � 8, effective August 7. L. 2025: (1)(i) added, (HB 25-1009), ch. 42, p. 196, � 3, effective August 6.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Amendments to subsection (3)(a) by Senate Bill 09-001 and Senate Bill

09-020 were harmonized.

Cross references: (1)  For provisions in title 34 concerning storage of

flammable liquids as referred to in subsection (3)(b)(IV), see article 64 of title 34 concerning underground storage of natural gas.

(2)  For the legislative declaration contained in the 1995 act amending

subsection (1)(g), see section 1 of chapter 254, Session Laws of Colorado 1995. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.

(3)  For the short title (Public Safety Fairness Act) in HB 16-1088, see

section 1 of chapter 259, Session Laws of Colorado 2016.

C.R.S. § 32-1-1007

32-1-1007. Ambulance districts - additional powers - special provisions - definitions. (1) In addition to the powers specified in section 32-1-1001, the board of any ambulance district, unless provided in section 32-1-1002 (1)(c) or 32-1-1003 (1)(b), has the following powers for and on behalf of such district:

(a)  To own, maintain, and operate ambulances and other vehicles and

equipment necessary for the provision of emergency medical services in said district;

(b)  To provide emergency medical services by employees of the district, to

provide a voluntary ambulance service, and to make contracts with individuals, partnerships, associations, or corporations or with other political subdivisions of the state or any combination thereof. For the purpose of this subsection (1)(b), voluntary ambulance service means an ambulance service which is operating not for pecuniary profit or financial gain and no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors, or officers.

(c) (I)  To impose an impact fee on the construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries pursuant to a schedule that is:

(A)  Legislatively adopted;


(B)  Generally applicable to a broad class of property; and


(C)  Intended to defray the projected impacts on capital facilities caused by

the proposed construction.

(II)  A district shall quantify the reasonable impacts of proposed construction

on existing capital facilities and establish the impact fee at a level no greater than necessary to defray such impacts directly related to the proposed construction. An impact fee shall not be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed construction.

(III)  Any schedule of impact fees adopted by a district pursuant to this

subsection (1)(c) must include provisions to ensure that no individual landowner is required to provide any site-specific dedication or improvement to meet the same need for capital facilities for which the impact fee is imposed.

(IV)  No later than sixty calendar days before adopting an impact fee

schedule pursuant to this subsection (1)(c), a district shall notify the clerk of every municipality or county that includes territory that is wholly or partly located within the district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule of the district's intent to adopt the schedule and provide a reasonable opportunity for the municipality or county to submit written comments regarding the schedule of impact fees to the board of the district.

(V)  An impact fee imposed pursuant to this subsection (1)(c) must be

collected and accounted for in the same manner as a land development charge is required to be collected and accounted for pursuant to part 8 of article 1 of title 29.

(VI)  An impact fee shall not be imposed on any construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries, for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the adoption of a schedule of impact fees by the district pursuant to this subsection (1)(c). A district shall not collect an impact fee before the issuance of a building permit by the approving local government. The approving local government shall notify the district of the issuance of a building permit for the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries at the time of issuance.

(VII)  Any person or entity that owns or has an interest in land that is or

becomes subject to a schedule of impact fees imposed by a district pursuant to this subsection (1)(c) shall, by receiving a building permit from the approving local government, have standing to file an action for declaratory judgment to determine whether the impact fee schedule complies with the provisions of this subsection (1)(c). A person or entity with standing who believes that a district has improperly applied an impact fee schedule pursuant to this subsection (1)(c) to the construction of any new buildings, structures, facilities, or improvements, including oil or gas well and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries may pay the fee imposed and proceed with construction without prejudice to the person or entity's right to challenge the impact fee imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that the district has either imposed an impact fee on construction that is not subject to the adopted schedule of impact fees or improperly calculated the impact fee amount, it may enter judgment in favor of the person or entity for the amount of any impact fee wrongfully collected with interest thereon from the date of collection.

(VIII)  As used in this subsection (1)(c):


(A)  Capital facility means any improvement or facility that is directly

related to any service that a district is authorized to provide, has an estimated useful life of five years or longer, and is required by the bylaws, rules, or regulations of a district, as adopted by the board of the district.

(B)  Local government has the same meaning as set forth in section 29-20-103 (1.5).


(IX)  Notwithstanding the provisions of this section, an ambulance district

may waive an impact fee or other similar development charge on the development of low- or moderate-income housing or affordable employee housing as defined by the ambulance district.

(2)  An ambulance district may be composed of only one county of the state

or a portion thereof or two or more contiguous counties of the state or portions thereof, and the district shall consist of contiguous territory within such county or counties. No ambulance district shall be established in any area in which there is a fire protection district or a health service district that is providing an ambulance service or in any municipality that is providing an ambulance service.

Source: L. 83: Entire section added, p. 412, � 6, effective June 1. L. 96: (2)

amended, p. 474, � 16, effective July 1. L. 2024: (1)(b) amended and (1)(c) added, (SB 24-194), ch. 230, p. 1415, � 4, effective August 7.

C.R.S. § 38-12-1303

38-12-1303. Cause for eviction required - no-fault evictions. (1) A landlord shall not serve a notice to terminate tenancy or a demand for possession or otherwise proceed with an action for unlawful detainer pursuant to article 40 of title 13 unless there is cause for the eviction.

(2)  For the purposes of subsection (1) of this section, cause exists only as

described in the following sections:

(a)  Section 13-40-104 (1)(a) for when entry is made without right or title into

any vacant or unoccupied lands or tenements;

(b)  Section 13-40-104 (1)(b) for when entry is made wrongfully into certain

public lands, tenements, mining claims, or other possessions;

(c)  Section 13-40-104 (1)(c) for when a lessee or tenant at will, or at

sufferance, of any nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) holds over and continues in possession of the property or premises, or any portion of the property or premises, after the expiration of the term for which the property or premises was leased or after the tenancy, at will or at sufferance, has been terminated by either party;

(d)  Section 13-40-104 (1)(d) for nonpayment of rent;


(e)  Section 13-40-104 (1)(d.5) for a substantial violation, as described in

section 13-40-107.5;

(f)  Section 13-40-104 (1)(e) for a material violation of the lease or rental

agreement;

(g)  Section 13-40-104 (1)(e.5) for a repeat violation after receipt of proper

notice of a violation;

(h)  Section 13-40-104 (1)(e.8) and subsection (3) of this section concerning

no-fault evictions;

(i)  Section 13-40-104 (1)(f) for possession after a legal sale;


(j)  Section 13-40-104 (1)(g) for when property has been sold under a

judgment or decree and the party or privies to the judgment or decree refuse or neglect to surrender possession after the expiration of the time of redemption, when redemption is allowed by law, after the purchaser demands the property;

(k)  Section 13-40-104 (1)(h) for when an heir or devisee continues in

possession of a premises sold and conveyed by a personal representative;

(l)  Section 13-40-104 (1)(i) for a vendee that holds over after failing to comply

with an agreement to purchase lands or tenements; and

(m)  Section 13-40-104 (1)(j) for when a tenant has engaged in conduct that

creates a nuisance or disturbance that interferes with the quiet enjoyment of the landlord or other tenants at the property or where the tenant is negligently damaging the property.

(3)  In addition to the requirements of subsection (5) of this section, the

following conditions constitute grounds for a no-fault eviction of a tenant:

(a)  Demolition or conversion of residential premises.  When a landlord plans

to demolish a residential premises, convert it to a nonresidential use, or convert it to a short-term rental property, the landlord may initiate a no-fault eviction of a tenant of the residential premises at the end of the term of the rental agreement so long as the landlord:

(I)  Allows the tenant at least ninety days after receiving the written notice

described in subsection (3)(a)(II) of this section to vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement; and

(II)  Provides the tenant proper service of a written notice of the no-fault

eviction, which written notice includes:

(A)  The date by which the tenant must vacate the residential premises, which

date must be at least ninety days after the date upon which the landlord provides the written notice to the tenant; and

(B)  A description and timeline of the demolition or conversion of the

residential premises and a material demonstration of the proposed date upon which the project will commence, such as a copy of a building permit or application for a permit or license to operate a short-term rental property, where applicable.

(b)  Substantial repairs or renovations. (I)  Except as described in subsection

(3)(b)(II) of this section, when a landlord plans to make substantial repairs or renovations to a residential premises, the landlord may initiate a no-fault eviction of a tenant of the residential premises at the end of the term of the rental agreement so long as the landlord:

(A)  Allows the tenant at least ninety days after receiving the written notice

described in subsection (3)(b)(I)(B) of this section to vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement;

(B)  Provides the tenant proper service of a written notice of the no-fault

eviction, which written notice includes the date by which the tenant must vacate the residential premises, which date must be at least ninety days after the date upon which the landlord provides the written notice to the tenant;

(C)  Provides the tenant an expected completion date and a general

description of the substantial repairs or renovations to the residential premises;

(D)  Proceeds without unreasonable delay to effect the substantial repairs or

renovations upon the landlord's recovery of possession of the residential premises; and

(E)  For any repairs or renovations expected to last less than one hundred

eighty days, provides the tenant a written notice sent in a manner that the landlord typically uses to communicate with the tenant, which notice includes the expected completion date for the repairs or renovations. If, within ten days after receiving the notice, the tenant notifies the landlord that the tenant wants to return to the residential premises, the landlord shall offer the tenant the first right of refusal to sign a new rental agreement with reasonable terms. If the tenant accepts the new rental agreement, the tenant has thirty days to occupy the residential premises unless the parties mutually agree on an extended timeline in writing.

(II)  A landlord shall not initiate a no-fault eviction of a tenant as described in

subsection (3)(b)(I) of this section if the substantial repairs or renovations that are the alleged basis of the no-fault eviction are:

(A)  Required in order for the landlord to satisfy all required remedial action

described in section 38-12-503 concerning a breach of the warranty of habitability; or

(B)  Initiated by the landlord in retaliation against the tenant, as described in

section 38-12-509 (1).

(c)  Landlord or family member of landlord assumes occupancy. (I)  When a

landlord plans to recover possession of a residential premises for the landlord's own use and occupancy as a residence, or for the use and occupancy as a residence by the landlord's family member, the landlord may initiate a no-fault eviction of a tenant of the residential premises at the end of the term of the rental agreement so long as:

(A)  Except as described in subsection (3)(c)(III) of this section, the landlord or

the landlord's family member moves into the residential premises within three months after the tenant vacates the residential premises;

(B)  Except as described in subsection (3)(c)(II) of this section, the landlord

provides the tenant proper service of a written notice of the no-fault eviction at least ninety days before the date by which the tenant must vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement;

(C)  No substantially equivalent unit is vacant and available to house the

landlord or the landlord's family member in the same building; and

(D)  The landlord does not list the residential premises for a long-term or

short-term rental for at least ninety days after the date the tenant is required to vacate.

(II)  If the landlord is an individual on active military duty for the United States

military forces or a spouse of such an individual, the landlord must provide the tenant proper service of a written notice of the no-fault eviction at least forty-five days before the date by which the tenant must vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement.

(III)  If the landlord or the landlord's family member is a person with a

disability, the landlord may extend for a reasonable time the period of time described in subsection (3)(c)(I)(A) of this section to allow for changes to be made to the residential premises to accommodate the family member with the disability.

(d)  Withdrawal from rental market for the purpose of selling the residential

premises. (I) When a landlord plans to sell a residential premises that is a single-family home, a townhome, a duplex, a triplex, or an individual condominium unit, the landlord may initiate a no-fault eviction of a tenant of the residential premises at the end of the term of the rental agreement so long as the landlord:

(A)  Allows the tenant at least ninety days after receiving the written notice

described in subsection (3)(d)(I)(B) of this section to vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement;

(B)  Provides the tenant proper service of a written notice of the landlord's

intent to withdraw the residential premises from the rental market and sell the residential premises, which notice includes the date on which the tenant will be required to vacate; and

(C)  Does not list the residential premises for a long-term or short-term rental

for at least ninety days after the date on which the tenant is required to vacate; except that this subsection (3)(d)(I)(C) does not apply if the landlord produces evidence that the residential premises was listed for sale on a multiple-listing service after the tenant was required to vacate.

(II)  Nothing in this subsection (3)(d) may be construed to allow a landlord to

initiate a no-fault eviction or otherwise terminate a rental agreement without cause before the end of the term of the rental agreement.

(e)  Tenant refuses to sign new lease with reasonable terms. If a tenant

refuses to sign a new rental agreement with reasonable terms, the landlord may initiate a no-fault eviction of the tenant so long as the landlord:

(I)  Allows the tenant at least ninety days after receiving the notice described

in subsection (3)(e)(II) of this section to vacate the residential premises after the tenant has refused to sign the new rental agreement, during which time the tenant may remain in possession of the residential premises under the same terms as the tenant's existing rental agreement; and

(II)  Provides the tenant proper service of a written notice of the landlord's

intent to terminate the tenancy, which notice includes the date on which the tenant will be required to vacate.

(f)  History of nonpayment of rent. (I)  If a tenant submits a rent payment late

more than two times during the period of the rental agreement, the landlord may initiate a no-fault eviction of the tenant at the end of the term of the rental agreement so long as the landlord:

(A)  Allows the tenant at least ninety days after receiving the notice

described in subsection (3)(f)(I)(B) of this section to vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms as the tenant's existing rental agreement; and

(B)  Provides the tenant proper service of a written notice of the landlord's

intent to terminate the tenancy, which notice includes the date on which the tenant will be required to vacate.

(II)  For purposes of this subsection (3)(f), a rent payment qualifies as late if it

is submitted more than ten calendar days after the day it is due according to the rental agreement and the landlord provides the tenant with proper service of a written notice under section 13-40-104 (1)(d).

(III)  This subsection (3)(f) does not apply if the rent payment is submitted

within the cure period described in section 13-40-104 (1)(d).

(4)  Nothing in this section shall be construed to impact the interpretation of

the meaning of the term good cause as the term is used in federal law or federal regulations.

(5) (a)  A landlord may proceed with a no-fault eviction of a tenant by filing an

action under article 40 of title 13 only if the landlord provides proper service of a written notice of the no-fault eviction and the tenant fails to vacate on or before the deadline stated in the notice.

(b)  A written notice provided pursuant to subsection (3) of this section must

include a statement of the legal and factual basis for the landlord's no-fault eviction of the tenant, which legal basis must be set forth in subsection (3) of this section.

Source: L. 2024: Entire part added, (HB 24-1098), ch. 113, p. 355, � 2,

effective April 19.

C.R.S. § 38-12-505

38-12-505. Uninhabitable residential premises - habitability procedures - rules - definition. (1) A residential premises is deemed uninhabitable if:

(a)  There is mold that is associated with dampness, or there is any other

condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use;

(b)  It substantially lacks any of the following characteristics:


(I)  Functioning appliances that conformed to applicable law at the time of

installation and that are maintained in good working order;

(II)  Waterproofing and weather protection of roof and exterior walls

maintained in good working order, including unbroken windows and doors;

(III)  Plumbing or gas facilities that conformed to applicable law in effect at

the time of installation and that are maintained in good working order;

(IV)  Running water at all times and hot water in an amount necessary for the

tenant to perform all ordinary activities related to maintaining cleanliness and health, furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;

(V)  Functioning heating facilities that conformed to applicable law at the

time of installation and that are maintained in good working order;

(VI)  Electrical lighting, with wiring and electrical equipment that conformed

to applicable law at the time of installation, maintained in good working order;

(VII)  Common areas and areas under the control of the landlord that are kept

reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents, vermin, pests, or insects;

(VIII)  Appropriate extermination in response to the infestation of rodents,

vermin, pests, or insects throughout a residential premises, including compliance with all requirements under part 10 of this article 12;

(IX)  An adequate number of appropriate exterior receptacles for garbage,

waste, and rubbish, in good repair and scheduled to be serviced and emptied at sufficient intervals to ensure containment and proper disposal of all trash, waste, and rubbish;

(X)  Floors, stairways, elevators, and railings maintained in good repair;


(XI)  Locks on all exterior doors and locks or security devices on windows

designed to be opened that are maintained in good working order;

(XII)  Compliance with all applicable building, housing, and health codes, the

violation of which would constitute a condition that materially interferes with the life, health, or safety of the tenant;

(XIII)  Compliance with applicable standards from the American National

Standards Institute, or its successor organization, and all applicable provisions of building, fire, health, and housing codes for the remediation and cleanup of a residential premises following an environmental public health event;

(XIV)  Remediation in compliance with article 18.5 of title 25 if the residential

premises was used as an illegal drug laboratory, as defined in section 25-18.5-101 (8), involving methamphetamine.

(XV)  Compliance with all requirements in section 38-12-803; or


(XVI)  Compliance with all requirements related to cooling devices

established in subsection (7) of this section; or

(c)  It is otherwise unfit for human habitation.


(2)  A deficiency in the common area shall not render a residential premises

uninhabitable as set forth in subsection (1) of this section, unless it materially affects the tenant's use of the tenant's dwelling unit.

(3) (a)  Before a landlord leases a residential premises to a tenant, the

landlord must ensure that the residential premises is fit for human habitation in accordance with section 38-12-503 (1) and that the residential premises is not in a condition described in subsection (1) of this section.

(b)  A landlord that leases a residential premises that is not in compliance

with this section breaches the warranty of habitability pursuant to section 38-12-503 (1), and the tenant may pursue any remedy under section 38-12-507.

(c)  On and after January 1, 2025, every rental agreement between a landlord

and tenant must include a statement in at least twelve-point, bold-faced type that states that every tenant is entitled to safe and healthy housing under Colorado's warranty of habitability and that a landlord is prohibited by law from retaliating against a tenant in any manner for reporting unsafe conditions in the tenant's residential premises, requesting repairs, or seeking to enjoy the tenant's right to safe and healthy housing.

(d)  On and after January 1, 2025, every rental agreement between a landlord

and tenant must include a statement in English and Spanish and in at least twelve-point, bold-faced type that states an address where a tenant can mail or personally deliver written notice of an uninhabitable condition and an email address or accessible online tenant portal or platform where a tenant can deliver written notice of an uninhabitable condition.

(e)  If a landlord provides a tenant with an online tenant portal or platform,

the landlord must post in a conspicuous place in the online tenant portal or platform a statement in English and Spanish that states an address where a tenant can mail or personally deliver written notice of an uninhabitable condition and an email address or accessible online portal or platform where a tenant can deliver written notice of an uninhabitable condition.

(4)  There is a rebuttable presumption that the following conditions at a

residential premises materially interfere with a tenant's life, health, or safety pursuant to section 38-12-503 (2)(a)(II):

(a)  Lack of waterproofing and weather protection for the roof, exterior walls,

exterior doors, and exterior windows of a dwelling unit so that weather-related elements can enter the dwelling unit;

(b)  Any hazardous condition of gas piping, gas facilities, gas appliances, or

other gas equipment;

(c)  Inadequate running water or inadequate running hot water, except for

temporary disruptions in water service due to necessary maintenance, repair, or construction that is being performed or temporary disruptions in water service that a landlord could not reasonably prevent or control;

(d)  Lack of functioning heating facilities and equipment fixtures that are

installed and operating in compliance with applicable law at the time of installation and that are maintained in good working order from October through April of each year;

(e)  Any hazardous condition of electrical wiring, electrical facilities,

electrical appliances, or other electrical equipment;

(f)  Lack of electricity or disruptions of electricity that are caused by a

landlord's failure to maintain electrical wiring, electrical facilities, electrical appliances, or electrical equipment;

(g)  Lack of working locks or security devices on all exterior doors that allow

entry into a residential premises or a dwelling unit and all exterior windows that are designed to be opened;

(h)  Lack of working plumbing or sewage disposal or any condition that allows

sewage, water, moisture, or other contaminants to enter the residential premises other than through properly working plumbing and sewage disposal systems;

(i)  An infestation of rodents, vermin, pests, or insects;


(j)  Any inaccessible fire exits or egress in accordance with applicable

building, housing, fire, and health codes;

(k)  Any missing, damaged, improper, or misaligned chimney or venting on any

fuel-fired heating, ventilation, or cooling system; or

(l)  An inoperable elevator when the tenant has a disability that prevents the

tenant from being able to use the stairs to access the tenant's dwelling unit or the tenant relies on an elevator to access the tenant's dwelling unit and there are no other operable elevators that provide access to the tenant's unit.

(5)  A landlord may rebut the presumption in subsection (4) of this section by

demonstrating, through clear and convincing evidence, that a condition listed in subsection (4) of this section does not materially interfere with a tenant's life, health, or safety.

(6)  Nothing in this section prevents a court or jury from finding that any

condition or combination of conditions described in this section materially interferes with a tenant's life, health, or safety.

(7) (a)  A landlord shall not prohibit or restrict a tenant from installing or

using a portable cooling device, including under any rental agreement or other agreement between the landlord and the tenant; except that the landlord may prohibit or restrict the installation or use of a portable cooling device if the installation or use of the portable cooling device would:

(I)  Violate any building codes, state law, or federal law;


(II)  Violate the portable cooling device manufacturer's written safety

guidelines for installing or using the device;

(III)  Damage the premises or render the premises uninhabitable; or


(IV)  Require more amperage to power the portable cooling device than can

be accommodated by the residential premises', dwelling unit's, or circuit's electrical capacity.

(b)  A landlord that restricts the installation or use of portable cooling

devices at a residential premises with multiple dwelling units under subsection (7)(a)(IV) of this section shall prioritize a tenant who requests the installation or usage of a portable cooling device to accommodate the tenant's disability over other tenants' requests to install or use a portable cooling device.

(c)  A landlord that restricts the installation or use of a portable cooling

device at a residential premises under subsection (7)(a) of this section shall:

(I)  Disclose any restrictions on the installation or use of portable cooling

devices to a tenant or prospective tenant in writing;

(II)  Provide information about whether the landlord intends to operate one or

more common spaces at the residential premises that will be cooled by a portable cooling device or permanent cooling device and available to the tenant during an extreme heat event; and

(III)  If the landlord does not intend to operate common spaces at the

residential premises that will be cooled by a portable cooling device or permanent cooling device, provide information on community cooling spaces that are located near the residential premises and accessible to the tenant during an extreme heat event; except that a landlord is not required to provide information on community cooling spaces if there are no known community cooling spaces within ten miles of the residential premises.

(d) (I)  As used in this subsection (7), unless the context otherwise requires,

community cooling spaces means public spaces that are available to a tenant and that are located on or near the residential premises and that maintain a temperature that is not higher than eighty degrees Fahrenheit.

(II)  Community cooling spaces may include recreation centers, community

centers, and public libraries.

(e)  Nothing in this subsection (7) modifies a landlord's obligation to permit

reasonable modifications and reasonable accommodations for individuals with a disability under section 24-34-502.2.

Source: L. 2008: Entire part added, p. 1822, � 3, effective September 1. L.

2019: (1) and (3) amended, (HB 19-1170), ch. 229, p. 2308, � 4, effective August 2. L. 2023: (1)(b)(XI), (1)(b)(XII), and (3) amended and (1)(b)(XIII) added, (HB 23-1254), ch. 169, p. 826, � 4, effective May 12; (1)(b)(XI) and (1)(b)(XII) amended and (1)(b)(XIV) added, (SB 23-148), ch. 326, p. 1958, � 4, effective August 7. L. 2024: (1)(a), (1)(b)(IV), (1)(b)(VII) to (1)(b)(X), (1)(b)(XIII), (2), and (3) amended and (1)(b)(XV), (1)(b)(XVI), (1)(c), and (4) to (7) added, (SB 24-094), ch. 158, p. 713, � 5, effective May 3.

Cross references: For the legislative declaration in HB 23-1254, see section 1

of chapter 169, Session Laws of Colorado 2023.

C.R.S. § 38-2-101

38-2-101. Who may condemn real estate, rights-of-way, or other rights - additional requirements for private toll roads and toll highways. (1) If any corporation formed for the purpose of constructing a road, ditch, reservoir, pipeline, bridge, ferry, tunnel, telegraph line, railroad line, electric line, electric plant, telephone line, or telephone plant is unable to agree with the owner for the purchase of any real estate or right-of-way or easement or other right necessary or required for the purpose of any such corporation for transacting its business or for any lawful purpose connected with the operations of the company, the corporation may acquire title to such real estate or right-of-way or easement or other right in the manner provided by law for the condemnation of real estate or right-of-way. Any ditch, reservoir, or pipeline company, in the same manner, may condemn and acquire the right to take and use any water not previously appropriated.

(2)  Notwithstanding the provisions of subsection (1) of this section, a toll road

or toll highway company may not condemn real estate or right-of-way, but the department of transportation may exercise, subject to the conditions and limitations set forth in sections 7-45-104 and 43-1-1202 (1)(f), C.R.S., the power of eminent domain for purposes of acquiring property and rights-of-way necessary for the completion of a toll road or toll highway open to the public that is incorporated into the comprehensive statewide transportation plan prepared pursuant to section 43-1-1103 (5), C.R.S., and is being undertaken as a public-private initiative between the department and the company. Such a toll road or toll highway company shall provide written notice of its intent to construct a toll road or toll highway as required by section 7-45-108 (2), C.R.S.

(3)  Nothing in this section shall be construed to authorize any toll road or toll

highway company to construct a toll road or toll highway through, in, upon, under, or over any street or alley of any city, incorporated town, county, or city and county without first obtaining the consent of the municipal or county authorities having power to give the consent of the city, incorporated town, county, or city and county.

(4) (a)  A political subdivision may levy a tax, fee, or charge on a toll road or

toll highway company for any right or privilege of constructing or operating a toll road or toll highway such as a street or public highway construction permit fee or an impact fee or other similar development charge designed to fund expenditures by the political subdivision on capital facilities needed to serve the toll road or toll highway, but shall only levy a construction permit fee to the extent that the permit fee applies to all persons seeking a construction permit.

(b)  All permit fees, impact fees, or other similar development charges levied

by a political subdivision on a toll road or toll highway company constructing or operating a toll road or toll highway shall be no greater than necessary to defray the costs directly incurred by the political subdivision in providing services, and, in the case of impact fees or other development charges, shall be no greater than necessary to defray impacts directly related to the toll road or toll highway. The fees and charges shall also be reasonably related in time to the incurrence of the impacts or costs. In any controversy concerning the appropriateness of a fee or charge, the political subdivision shall have the burden of proving that the fee or charge is no greater than necessary to defray the direct impacts or costs incurred by the political subdivision. All costs of construction shall be borne by the toll road or toll highway company constructing or operating the toll road or toll highway.

(5)  As used in this section, unless the context otherwise requires:


(a)  (Deleted by amendment, L. 2008, p. 1712, � 9, effective June 2, 2008.)


(b)  Toll road or toll highway shall have the meaning set forth in section 7-45-102 (8), C.R.S.


(c)  Toll road or toll highway company shall have the meaning set forth in

section 7-45-102 (9), C.R.S.

Source: G.L. � 304. G.S. � 338. L. 1891: p. 98, � 3. R.S. 08: � 2461. C.L. � 6362.

CSA: C. 61, � 52. L. 52: p. 109, � 1. CRS 53: � 50-2-1. C.R.S. 1963: � 50-2-1. L. 79: Entire section amended, p. 1381, � 2, effective July 1. L. 2006: (2), (3), and (4) amended and (5) added, p. 1769, � 2, effective June 6; entire section amended, p. 546, � 1, effective August 7. L. 2008: (2) and (5)(a) amended, p. 1712, � 9, effective June 2.

Cross references: For the taking of private property for private use, see � 14

of art. II, Colo. Const.; for taking property for public use, see � 15 of art. II, Colo. Const.; for the right-of-way of pipeline companies, see � 7-43-102.

C.R.S. § 38-22-105.5

38-22-105.5. Notice of lien law. (1) Upon issuing a building permit for the improvement, restoration, remodeling, or repair of or the construction of improvements or additions to residential property, the agency or other authority issuing the permit shall send a written notice, as set forth in subsection (2) of this section, by first-class mail addressed to the property for which the permit was issued.

(2)  The notice shall be in at least ten-point bold-faced type, if printed, or in

capital letters, if typewritten, shall identify the contractor by name and address, and shall state substantially as follows:

IMPORTANT NOTICE TO OWNERS: UNDER COLORADO LAW, SUPPLIERS, SUBCONTRACTORS, OR OTHER PERSONS FURNISHING LABORERS OR PROVIDING LABOR OR MATERIALS FOR WORK ON YOUR RESIDENTIAL PROPERTY MAY HAVE A RIGHT TO COLLECT THEIR MONEY FROM YOU BY FILING A LIEN AGAINST YOUR PROPERTY. A LIEN CAN BE FILED AGAINST YOUR RESIDENCE WHEN A SUPPLIER, SUBCONTRACTOR, OR OTHER PERSON IS NOT PAID BY YOUR CONTRACTOR FOR SUCH LABORERS, LABOR, OR MATERIALS. HOWEVER, IN ACCORDANCE WITH THE COLORADO GENERAL MECHANICS' LIEN LAW, SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED STATUTES, YOU HAVE AN AFFIRMATIVE DEFENSE IN ANY ACTION TO ENFORCE A LIEN IF YOU OR SOME PERSON ACTING ON YOUR BEHALF HAS PAID YOUR CONTRACTOR AND SATISFIED YOUR LEGAL OBLIGATIONS.

YOU MAY ALSO WANT TO DISCUSS WITH YOUR CONTRACTOR, YOUR ATTORNEY, OR YOUR LENDER POSSIBLE PRECAUTIONS, INCLUDING THE USE OF LIEN WAIVERS OR REQUIRING THAT EVERY CHECK ISSUED BY YOU OR ON YOUR BEHALF IS MADE PAYABLE TO THE CONTRACTOR, THE SUBCONTRACTOR, AND THE SUPPLIER FOR AVOIDING DOUBLE PAYMENTS IF YOUR PROPERTY DOES NOT SATISFY THE REQUIREMENTS OF SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED STATUTES.

YOU SHOULD TAKE WHATEVER STEPS NECESSARY TO PROTECT YOUR PROPERTY.

(3)  The notice prescribed by this section shall not be required when a

building permit is issued for new residential construction or for residential property containing more than four living units.

(4)  As used in this section:


(a)  New residential construction means the construction or addition of

living units on real property that was previously unimproved or was used for nonresidential purposes.

(b)  Residential property means any real property, including improvements,

containing living units used for human habitation.

(5)  To offset the cost of issuing the notice required by this section, the

appropriate authority may raise the fee for a building permit by one dollar.

(6)  The failure of the agency or other authority which issues building permits

to provide the notice required by this section shall not be an affirmative defense to any lien claimed pursuant to the provisions of this article; nor shall the agency or any employee of the agency incur liability as a result of such failure.

(7)  The agency or other authority which issues building permits may deliver

the notice required by this section personally to the owner of the property, in lieu of mailing the notice as provided by subsection (1) of this section.

Source: L. 79: Entire section added, p. 1389, � 1, effective January 1, 1980. L.

81: Entire section R&RE, p. 1822, � 1, effective July 1. L. 88: (2) R&RE, p. 1253, � 1, effective April 14. L. 2000: (2) amended, p. 208, � 6, effective August 2.

C.R.S. § 38-30-168

38-30-168. Unreasonable restrictions on renewable energy generation devices or fire-hardened building materials - definitions. (1) (a) A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable.

(b)  As used in this section, renewable energy generation device means:


(I)  A solar energy device, as defined in section 38-32.5-100.3;


(II)  A wind-electric generator that meets the interconnection standards

established in rules promulgated by the public utilities commission pursuant to section 40-2-124;

(III)  A geothermal energy device; or


(IV)  A heat pump system, as defined in section 39-26-732 (2)(c).


(2)  Subsection (1) of this section does not apply to:


(a) (I)  Aesthetic provisions that impose reasonable restrictions on the

dimensions, placement, or external appearance of a renewable energy generation device and that do not:

(A)  Increase the cost of the device by more than ten percent;


(B)  Decrease the performance or efficiency of the device by more than ten

percent; or

(C)  Require a period of review and approval that exceeds sixty days after the

date of application. If an application for installation of a renewable energy generation device is not denied or returned for modifications within sixty days, it is deemed approved. The review process must be transparent; denial of approval must not be arbitrary or capricious; and the basis for any denial must be described in reasonable detail.

(II)  This subsection (2)(a), as amended by House Bill 21-1229, enacted in 2021,

does not apply to an association that includes time share units, as defined in section 38-33-110 (7).

(b)  Bona fide safety requirements, required by an applicable building code or

recognized electrical safety standard, for the protection of persons and property; or

(c)  Reasonable restrictions on the installation and use of wind-electric

generators to reduce interference with the use and enjoyment by residents of property situated near wind-electric generators as a result of the sound associated with the wind-electric generators. Interference with the use and enjoyment of property by residents for the purpose of determining whether a restriction is reasonable shall be determined as a part of the architectural review process as required by the governing documents of the common interest community and shall include consideration of input by the individuals requesting approval from the common interest community to install a wind-electric generator.

(3)  This section shall not be construed to confer upon any property owner

the right to place a renewable energy generation device on property that is:

(a)  Owned by another person;


(b)  Leased, except with permission of the lessor;


(c)  Collateral for a commercial loan, except with permission of the secured

party; or

(d)  A limited common element or general common element of a common

interest community.

(4)  In any litigation involving the significance of an increase in cost of a

renewable energy generation device, for purposes of subparagraph (I) of paragraph (a) of subsection (2) of this section, the party that prevails on the issue of the significance of the increase shall be entitled to its reasonable attorney fees and costs incurred in litigating that issue. This subsection (4) shall not be construed to limit or prohibit an award of attorney fees or costs on other grounds or in connection with other issues.

(5) (a)  A covenant, restriction, or condition contained in any deed, contract,

security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that explicitly or effectively prohibits or restricts the installation, use, or maintenance of fire-hardened building materials is void and unenforceable. This subsection (5) does not apply to bona fide safety requirements required by an applicable building code for the protection of persons and property.

(b)  Nothing in this subsection (5):


(I)  Prohibits or restricts a unit owners' association from:


(A)  Adopting and enforcing reasonable standards regarding the design,

dimensions, placement, or external appearance of fire-hardened building materials used for fencing at a unit owner's property in accordance with section 38-33.3-106.5 (3)(c); or

(B)  Adopting bona fide safety requirements that are consistent with

applicable building codes or nationally recognized safety standards; or

(II)  Confers upon a property owner, unit owner, or lessee the right to

construct or place fire-hardened building materials on property that is:

(A)  Owned by another person;


(B)  Leased, except with permission of the lessor; or


(C)  A limited common element or general common element of a common

interest community.

(c)  As used in this subsection (5):


(I)  Common element means common elements as defined in section 38-33.3-103 (5).


(II)  Common interest community has the meaning set forth in section 38-33.3-103 (8).


(III)  Fire-hardened building materials has the meaning set forth in section

38-33.3-106.5 (3)(e)(I).

(IV)  Unit owner has the meaning set forth in section 38-33.3-103 (31).


(V)  Unit owners' association means an association as defined in section

38-33.3-103 (3).

Source: L. 79: Entire section added, p. 1396, � 4, effective May 25. L. 2008:

Entire section amended, p. 617, � 1, effective August 5. L. 2021: IP(2) and (2)(a) amended, (HB 21-1229), ch. 409, p. 2708, � 2, effective September 7. L. 2022: (1)(b) amended, (SB 22-118), ch. 335, p. 2373, � 10, effective August 10. L. 2023: (1)(b)(II) and (1)(b)(III) amended and (1)(b)(IV) added, (SB 23-016). ch. 165, p. 740, � 10, effective August 7. L. 2024: (5) added, (HB 24-1091), ch. 24, p. 67, � 1, effective March 12.

C.R.S. § 38-33-113

38-33-113. License to sell condominiums and time shares. The general assembly hereby finds and declares that the licensing of persons to sell condominiums and time shares is a matter of statewide concern.

Source: L. 83: Entire section added, p. 594, � 5, effective May 25.


Cross references: For the licensing of real estate brokers and salespersons,

see article 10 of title 12.

ARTICLE 33.3

Colorado Common Interest Ownership Act

Editor's note: The provisions of this act are based substantially on the

Uniform Common Interest Ownership Act, as promulgated by the National Conference of Commissioners on Uniform State Laws. Colorado did not adopt article 4 concerning protection of purchasers and the optional article 5 of said uniform act concerning administration and registration of common interest communities.

Law reviews: For article, Colorado Common Interest Ownership Act -- How it

is Doing, see 25 Colo. Law. 17 (Nov. 1996); for article, When the Developer Controls the Homeowner Association Board: The Benevolent Dictator?, see 31 Colo. Law. 91 (Jan. 2002); for article, S.B. 05-100 and 06-089 -- Impact on Colorado's Common Interest Communities, see 35 Colo. Law. 57 (Dec. 2006); for article, When Homeowner Associations Borrow What Attorneys and Lenders Should Know, see 44 Colo. Law. 51 (Dec. 2015); for article, Construction Defect Municipal Ordinances: The Balkanization of Tort and Contract Law (Part 3), see 46 Colo. Law. 27 (Apr. 2017); for article, Mitigating Potential Condo Conversion and Renovation Construction Defect Liabilities: Part 1, see 48 Colo. Law. 28 (Apr. 2019); for article, Condominium Obsolescence: The Final Act or a New Beginning?, see 49 Colo. Law. 42 (Jan. 2020); for article, A Block of Blue Sky, Small Planned Communities in Colorado, see 49 Colo. Law. 53 (Dec. 2020); for article, In 'Case' You Missed It: Recent Real Estate Case Law Highlights, see 50 Colo. Law. 36 (Apr. 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 1, see 50 Colo. Law. 20 (June 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 2, see 50 Colo. Law. 32 (July 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 3, see 50 Colo. Law. 30 (Aug.-Sept. 2021); for article, Removing Common Interest Community Association Board Members, see 51 Colo. Law. 38 (Feb. 2022); for article, The State of Short-Term Rentals in Colorado, see 51 Colo. Law. 34 (Apr. 2022); for article, Terminating Common Interest Communities with Horizontal Boundaries under CCIOA, see 51 Colo. Law. 40 (June 2022); for article, Dirt in the Courts: A Summary of Recent Colorado Real Estate Caselaw, see 52 Colo. Law. 38 (Mar. 2023); for article, Making Up Your Own Rules for Resolving Residential Construction Defect Disputes, see 52 Colo. Law 36 (May 2023).

PART 1

GENERAL PROVISIONS

38-33.3-101.  Short title. This article shall be known and may be cited as the

Colorado Common Interest Ownership Act.

Source: L. 91: Entire article added, p. 1701, � 1, effective July 1, 1992.


38-33.3-102.  Legislative declaration. (1)  The general assembly hereby

finds, determines, and declares, as follows:

(a)  That it is in the best interests of the state and its citizens to establish a

clear, comprehensive, and uniform framework for the creation and operation of common interest communities;

(b)  That the continuation of the economic prosperity of Colorado is

dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months' lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association's powers to collect delinquent assessments, late charges, fines, and enforcement costs;

(c)  That it is the policy of this state to give developers flexible development

rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control;

(d)  That it is the policy of this state to promote effective and efficient

property management through defined operational requirements that preserve flexibility for such homeowner associations;

(e)  That it is the policy of this state to promote the availability of funds for

financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations.

Source: L. 91: Entire article added, p. 1701, � 1, effective July 1, 1992.


38-33.3-103.  Definitions. As used in the declaration and bylaws of an

association, unless specifically provided otherwise or unless the context otherwise requires, and in this article:

(1)  Affiliate of a declarant means any person who controls, is controlled by,

or is under common control with a declarant. A person controls a declarant if the person: Is a general partner, officer, director, or employee of the declarant; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the declarant; controls in any manner the election of a majority of the directors of the declarant; or has contributed more than twenty percent of the capital of the declarant. A person is controlled by a declarant if the declarant: Is a general partner, officer, director, or employee of the person; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the person; controls in any manner the election of a majority of the directors of the person; or has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this subsection (1) are held solely as security for an obligation and are not exercised.

(2)  Allocated interests means the following interests allocated to each

unit:

(a)  In a condominium, the undivided interest in the common elements, the

common expense liability, and votes in the association;

(b)  In a cooperative, the common expense liability and the ownership interest

and votes in the association; and

(c)  In a planned community, the common expense liability and votes in the

association.

(2.5)  Approved for development means that all or some portion of a

particular parcel of real property is zoned or otherwise approved for construction of residential and other improvements and authorized for specified densities by the local land use authority having jurisdiction over such real property and includes any conceptual or final planned unit development approval.

(3)  Association or unit owners' association means a unit owners'

association organized under section 38-33.3-301.

(4)  Bylaws means any instruments, however denominated, which are

adopted by the association for the regulation and management of the association, including any amendments to those instruments.

(5)  Common elements means:


(a)  In a condominium or cooperative, all portions of the condominium or

cooperative other than the units; and

(b)  In a planned community, any real estate within a planned community

owned or leased by the association, other than a unit.

(6)  Common expense liability means the liability for common expenses

allocated to each unit pursuant to section 38-33.3-207.

(7)  Common expenses means expenditures made or liabilities incurred by

or on behalf of the association, together with any allocations to reserves.

(8)  Common interest community means real estate described in a

declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences.

(9)  Condominium means a common interest community in which portions of

the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

(10)  Cooperative means a common interest community in which the real

property is owned by an association, each member of which is entitled by virtue of such member's ownership interest in the association to exclusive possession of a unit.

(11)  Dealer means a person in the business of selling units for such person's

own account.

(12)  Declarant means any person or group of persons acting in concert

who:

(a)  As part of a common promotional plan, offers to dispose of to a purchaser

such declarant's interest in a unit not previously disposed of to a purchaser; or

(b)  Reserves or succeeds to any special declarant right.


(13)  Declaration means any recorded instruments however denominated,

that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps.

(14)  Development rights means any right or combination of rights reserved

by a declarant in the declaration to:

(a)  Add real estate to a common interest community;


(b)  Create units, common elements, or limited common elements within a

common interest community;

(c)  Subdivide units or convert units into common elements; or


(d)  Withdraw real estate from a common interest community.


(15)  Dispose or disposition means a voluntary transfer of any legal or

equitable interest in a unit, but the term does not include the transfer or release of a security interest.

(16)  Executive board means the body, regardless of name, designated in

the declaration to act on behalf of the association.

(16.5)  Horizontal boundary means a plane of elevation relative to a

described bench mark that defines either a lower or an upper dimension of a unit such that the real estate respectively below or above the defined plane is not a part of the unit.

(17)  Identifying number means a symbol or address that identifies only one

unit in a common interest community.

(17.5)  Large planned community means a planned community that meets

the criteria set forth in section 38-33.3-116.3 (1).

(18)  Leasehold common interest community means a common interest

community in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the common interest community or reduce its size.

(19)  Limited common element means a portion of the common elements

allocated by the declaration or by operation of section 38-33.3-202 (1)(b) or (1)(d) for the exclusive use of one or more units but fewer than all of the units.

(19.5)  Map means that part of a declaration that depicts all or any portion

of a common interest community in three dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A map is required for a common interest community with units having a horizontal boundary. A map and a plat may be combined in one instrument.

(20)  Master association means an organization that is authorized to

exercise some or all of the powers of one or more associations on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities.

(21)  Person means a natural person, a corporation, a partnership, an

association, a trust, or any other entity or any combination thereof.

(21.5)  Phased community means a common interest community in which

the declarant retains development rights.

(22)  Planned community means a common interest community that is not a

condominium or cooperative. A condominium or cooperative may be part of a planned community.

(22.5)  Plat means that part of a declaration that is a land survey plat as set

forth in section 38-51-106, depicts all or any portion of a common interest community in two dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A plat and a map may be combined in one instrument.

(23)  Proprietary lease means an agreement with the association pursuant

to which a member is entitled to exclusive possession of a unit in a cooperative.

(24)  Purchaser means a person, other than a declarant or a dealer, who by

means of a transfer acquires a legal or equitable interest in a unit, other than:

(a)  A leasehold interest in a unit of less than forty years, including renewal

options, with the period of the leasehold interest, including renewal options, being measured from the date the initial term commences; or

(b)  A security interest.


(25)  Real estate means any leasehold or other estate or interest in, over, or

under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. Real estate includes parcels with or without horizontal boundaries and spaces that may be filled with air or water.

(26)  Residential use means use for dwelling or recreational purposes but

does not include spaces or units primarily used for commercial income from, or service to, the public.

(27)  Rules and regulations means any instruments, however denominated,

which are adopted by the association for the regulation and management of the common interest community, including any amendment to those instruments.

(28)  Security interest means an interest in real estate or personal property

created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.

(29)  Special declarant rights means rights reserved for the benefit of a

declarant to perform the following acts as specified in parts 2 and 3 of this article: To complete improvements indicated on plats and maps filed with the declaration; to exercise any development right; to maintain sales offices, management offices, signs advertising the common interest community, and models; to use easements through the common elements for the purpose of making improvements within the common interest community or within real estate which may be added to the common interest community; to make the common interest community subject to a master association; to merge or consolidate a common interest community of the same form of ownership; or to appoint or remove any officer of the association or any executive board member during any period of declarant control.

(30)  Unit means a physical portion of the common interest community

which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the declaration. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.

(31)  Unit owner means the declarant or other person who owns a unit, or a

lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the common interest community but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person; in a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated pursuant to section 38-33.3-207 until that unit has been conveyed to another person, who may or may not be a declarant under this article.

(32)  Vertical boundary means the defined limit of a unit that is not a

horizontal boundary of that unit.

(33)  Xeriscape means the combined application of the seven principles of

landscape planning and design, soil analysis and improvement, hydro zoning of plants, use of practical turf areas, uses of mulches, irrigation efficiency, and appropriate maintenance under section 38-35.7-107 (1)(a)(III)(A).

Source: L. 91: Entire article added, p. 1702, � 1, effective July 1, 1992. L. 93: IP,

(8), and (25) amended and (16.5), (19.5), (22.5), and (32) added, p. 642, � 1, effective April 30. L. 94: (17.5) added, p. 2845, � 1, effective July 1; (22.5) amended, p. 1509, � 44, effective July 1. L. 95: (2.5) added, p. 236, � 1, effective July 1. L. 97: (22.5) amended, p. 151, � 2, effective March 28. L. 98: (20) amended, p. 477, � 1, effective July 1. L. 2006: (21.5) added, p. 1215, � 1, effective May 26. L. 2013: (33) added, (SB 13-183), ch. 187, p. 757, � 2, effective May 10.

38-33.3-104.  Variation by agreement. Except as expressly provided in this

article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration.

Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992.


38-33.3-105.  Separate titles and taxation. (1)  In a cooperative, unless the

declaration provides that a unit owner's interest in a unit and its allocated interests is personal property, that interest is real estate for all purposes.

(2)  In a condominium or planned community with common elements, each

unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate and must be separately assessed and taxed. The valuation of the common elements shall be assessed proportionately to each unit, in the case of a condominium in accordance with such unit's allocated interests in the common elements, and in the case of a planned community in accordance with such unit's allocated common expense liability, set forth in the declaration, and the common elements shall not be separately taxed or assessed. Upon the filing for recording of a declaration for a condominium or planned community with common elements, the declarant shall deliver a copy of such filing to the assessor of each county in which such declaration was filed.

(3)  In a planned community without common elements, the real estate

comprising such planned community may be taxed and assessed in any manner provided by law.

Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992. L. 93: (1)

and (2) amended, p. 643, � 2, effective April 30.

38-33.3-106.  Applicability of local ordinances, regulations, and building

codes. (1) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units.

(2)  In condominiums and cooperatives, no zoning, subdivision, or other real

estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.

Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992.


38-33.3-106.5.  Prohibitions contrary to public policy - patriotic, political,