Colorado Fencing Licensing Law

Colorado Code · 86 sections

The following is the full text of Colorado’s fencing licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 12-115-116

12-115-116. Exemptions - definition. (1) Employees of public service corporations, rural electrification associations, or municipal utilities generating, distributing, or selling electrical energy for light, heat, or power or for operating street railway systems, or telephone or telegraph systems, or their corporate affiliates and their employees or employees of railroad corporations, or lawfully permitted or franchised cable television companies and their employees shall not be required to hold licenses while doing electrical work for those purposes.

(2)  Nothing in this article 115 shall be construed to require any individual to

hold a license before doing electrical work on his or her own property or residence if all such electrical work, except for maintenance or repair of existing facilities, is inspected as provided in this article 115; if, however, the property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is generally open to the public, the owner shall be responsible for, and the property shall be subject to, all of the provisions of this article 115 pertaining to inspection and licensing, unless specifically exempted therein.

(3) (a)  Nothing in this article 115 requires a regular employee of a firm or

corporation to hold a license before doing any electrical work on the property of the firm or corporation, whether or not the property is owned, leased, or rented if:

(I)  The firm or corporation employing the employee performing the work has

all the electrical work installed in conformity with the minimum standards as set forth in this article 115;

(II)  The work is subject to inspection by the board or its inspectors by request

in writing in accordance with section 12-115-120; and

(III)  The property of the firm or corporation is not generally open to the

public.

(b)  Neither a license for the firm or corporation, nor an inspection by the

board or its inspectors, nor the payment of any fees thereon shall be required, with the exception of inspection by the board or its inspectors when performed by written request. Nothing contained in this article 115 requires a license, an inspection by the board or its inspectors, or the payment of any fees for any electrical work performed for the maintenance or repair of existing facilities that are exempt as provided in this section.

(4)  If the property of any person, firm, or corporation is: Rental property or is

developed for sale, lease, or rental; occupied or is to be occupied by tenants for lodging, either transient or permanent; or generally open to the public, the property is subject to all the provisions of this article 115 pertaining to inspection and licensing; except that the maintenance or repair of existing property specified in this subsection (4) is not subject to this article 115.

(5)  Nothing in this article 115 shall be construed to cover the installation,

maintenance, repair, or alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks, dumbwaiters, stage lifts, man lifts, or appurtenances thereto beyond the terminals of the controllers. Furthermore, elevator contractors or constructors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(6) (a)  Nothing in this article 115 shall be construed to require an individual to

hold a license before doing any maintenance or repair of existing facilities on his or her own property or residence, nor to require inspection by the board or its inspectors, nor to pay any fees connected therewith.

(b)  Nothing in this article 115 shall be construed to require any firm or

corporation or its regular employees to be required to hold a license before doing maintenance or repair of existing facilities on the property of the firm or corporation, whether or not the property is generally open to the public; nor shall inspection by the board or its inspectors or the payment of any fees connected therewith be required.

(c)  For the purposes of this subsection (6), maintenance or repair of existing

facilities means to preserve or keep in good repair lawfully installed facilities by repairing or replacing components with new components that serve the same purpose.

(7)  An individual, firm, copartnership, or corporation may engage in business

as an electrical contractor without an electrician's license if all electrical work performed by the individual, firm, copartnership, or corporation is under the direction and control of a licensed master electrician.

(8)  Any person who plugs in any electrical appliance where an approved

electrical outlet is already installed shall not be considered an installer.

(9)  No provision of this article 115 shall in any manner interfere with, hamper,

preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance, if the connection of the appliance does not necessitate the installation of electrical wiring of the structure where the appliance is connected.

(10)  The provisions of this article 115 shall not be applicable to the

installation or laying of metal or plastic electrical conduits in bridge or highway projects where the conduits must be laid according to specifications complying with applicable electrical codes.

(11)  Repealed.


(12)  Inasmuch as electrical licensing and the examination of persons

performing electrical work is a matter of statewide concern, the examination, certification, licensing, or registration of electrical contractors, master electricians, journeymen electricians, residential wiremen, or apprentices who are licensed, registered, or certified under this article 115 shall not be required by any city, town, county, city and county, or qualified state institution of higher education; however, any such local governmental authority or qualified state institution of higher education may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the jurisdiction of the authority or within buildings owned or leased or on land owned by the qualified state institution of higher education. No fee shall be charged for the registration.

(13)  The provisions of this article 115 shall not be applicable to any surface or

subsurface operation or property used in, around, or in conjunction with any mine that is inspected pursuant to the Federal Mine Safety and Health Amendments Act of 1977, Pub.L. 95-164, as amended, except permanent state highway tunnel facilities, which shall conform to standards based on the national electrical code. Nothing contained in this subsection (13) shall prohibit the department of transportation from adopting more stringent standards or requirements than those provided by the minimum standards specified in the national electrical code, and the department of transportation shall furnish a copy of the more stringent standards to the board.

(14) (a)  The permit and inspection provisions of this article 115 do not apply

to:

(I)  Installations under the exclusive control of electric utilities for the

purpose of communication or metering or for the generation, control, transformation, transmission, or distribution of electric energy, whether the installations are located in buildings used exclusively for utilities for those purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads or outdoors by virtue of established rights on private property; or

(II)  Load control devices for electrical hot water heaters that are owned,

leased, or otherwise under the control of, and are operated by, an electric utility, and are on the load side of the single-family residential meter, if the equipment was installed by a registered electrical contractor. The contractor will notify appropriate local authorities that the work has been completed in order that an inspection may be made at the expense of the utility company.

(b)  This subsection (14) does not exempt any premises wiring on buildings,

structures, or other premises not owned by or under the exclusive control of the utility nor wiring in buildings used by the utility for purposes other than those listed in this subsection (14), such as office buildings, garages, warehouses, machine shops, and recreation buildings. This subsection (14) exempts all of the facilities, buildings, and the like inside the security fence of a generating station, substation, control center, or communication facility.

(15)  Nothing in this article 115 shall be construed to:


(a)  Cover the installation, maintenance, repair, or alteration of security

systems of fifty volts or less, lawn sprinkler systems, environmental controls, or remote radio-controlled systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(b)  Cover the installation, maintenance, repair, or alteration of electronic

computer data processing equipment and systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(c) (I)  Except to the extent that a communication system's cables and

systems utilized for conveying power are hard-wired into a building's electrical system but subject to subsection (16)(a) of this section, cover the installation, maintenance, repair, or alteration of communications systems, including:

(A)  Telephone and telegraph systems not exempted as utilities in subsection

(1) of this section;

(B)  Radio and television receiving and transmitting equipment and stations;

and

(C)  Antenna systems other than community antenna television systems

beyond the terminals of the controllers.

(II)  The contractors performing any installation, maintenance, repair, or

alteration under the exemption specified in this subsection (15)(c) and their employees are not covered by the licensing requirements of this article 115.

(d)  Cover the installation, maintenance, repair, or alteration of electric signs,

cranes, hoists, electroplating, industrial machinery, and irrigation machinery beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(e)  Cover the installation, maintenance, repair, or alteration of equipment and

wiring for sound recording and reproduction systems, centralized distribution of sound systems, public address and speech-input systems, or electronic organs beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(f)  Require either that employees of the federal government who perform

electrical work on federal property shall be required to be licensed before doing electrical work on the property or that the electrical work performed on the property shall be regulated pursuant to this article 115;

(g)  Require licensing that covers the installation, maintenance, repair, or

alteration of fire alarm systems operating at fifty volts or less. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115 but shall be subject to all provisions of this article 115 pertaining to inspections and permitting.

(16)  Nothing in this article 115 applies to:


(a) (I)  The installation, maintenance, repair, or alteration of class 2 and class

3 remote-control, signaling, and power-limited circuits, as defined by the national electrical code; or

(II)  Contractors or their employees performing any installation, maintenance,

repair, or alteration of the circuits specified in subsection (16)(a)(I) of this section; or

(b)  The installation, maintenance, repair, or alteration of traffic signals or

requires licensure for that work.

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

854, � 1, effective October 1; (3), (4), IP(14)(a), (14)(a)(II), and (15)(c) amended, (11) repealed, and (16) added, (SB 19-156), ch. 346, p. 3204, � 15, effective October 1.

Editor's note: (1)  This section is similar to former � 12-23-111 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.

C.R.S. § 13-21-115

13-21-115. Actions against landowners - short title - legislative declaration - definitions. (1) The short title of this section is the Colorado Premises Liability Act.

(2)  The general assembly finds and declares that:


(a)  The provisions of this section were enacted in 1986 to promote a state

policy of responsibility by both landowners and those upon the land as well as to ensure that the ability of an injured party to recover is correlated with the injured party's status as a trespasser, licensee, or invitee;

(b)  These objectives were characterized by the Colorado supreme court as

legitimate governmental interests in Gallegos v. Phipps, 779 P.2d 856 (Colo. 1989);

(c)  The purpose of amending this section in the 1990 legislative session was

to:

(I)  Ensure that the language of this section effectuates these legitimate

governmental interests by imposing on landowners a higher standard of care with respect to an invitee than a licensee and a higher standard of care with respect to a licensee than a trespasser; and

(II)  Create a legal climate that will promote private property rights and

commercial enterprise and foster the availability and affordability of insurance;

(d)  The general assembly recognizes that by amending this section it is not

reinstating the common law status categories as they existed immediately prior to Mile Hi Fence v. Radovich, 175 Colo. 537, 489 P.2d 308 (1971) but that its purpose is to protect landowners from liability in some circumstances when they were not protected at common law and to define the instances when liability will be imposed in the manner most consistent with the policies set forth in subsections (2)(a) and (2)(c) of this section; and

(e) (I)  The Rocky Mountain Planned Parenthood, Inc. v. Wagner, 2020 CO 51,

467 P.3d 287, and Wagner v. Planned Parenthood Federation of America, Inc., 2019 COA 26, 471 P.3d 1089, decisions do not accurately reflect the intent of the general assembly regarding landowner liability and must not be relied upon in applying this section to the extent that the majority opinions determined:

(A)  The foreseeability of third-party criminal conduct based upon whether

the goods or services offered by a landowner are controversial; and

(B)  That a landowner could be held liable as a substantial factor in causing

harm without considering whether a third-party criminal act was the predominant cause of that harm, as noted by the dissenting justices and judge.

(II)  In making this declaration, the general assembly does not intend to reject

or otherwise disturb any judicial decision other than the Wagner decisions.

(3)  In any civil action brought against a landowner by a person who alleges

injury occurring while on the real property of another and by reason of the condition of such property, or activities conducted or circumstances existing on such property, the landowner is liable only as provided in subsection (4) of this section. Sections 13-21-111, 13-21-111.5, and 13-21-111.7 apply to an action to which this section applies. This subsection (3) must not be construed to abrogate the doctrine of attractive nuisance as applied to persons under fourteen years of age. A person who is at least fourteen years of age but is less than eighteen years of age is presumed competent for purposes of the application of this section.

(4) (a)  A trespasser may only recover damages willfully or deliberately

caused by the landowner.

(b)  A licensee may only recover damages caused:


(I)  By the landowner's unreasonable failure to exercise reasonable care with

respect to dangers created by the landowner that the landowner actually knew about; or

(II)  By the landowner's unreasonable failure to warn of dangers not created

by the landowner that are not ordinarily present on property of the type involved and that the landowner actually knew about.

(c) (I)  Except as otherwise provided in subsection (4)(c)(II) of this section, an

invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about or should have known about.

(II)  If the landowner's real property is classified for property tax purposes as

agricultural land or vacant land, an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew about.

(5)  It is the intent of the general assembly in enacting the provisions of

subsection (4) of this section that the circumstances under which a licensee may recover include all of the circumstances under which a trespasser could recover and that the circumstances under which an invitee may recover include all of the circumstances under which a trespasser or a licensee could recover.

(6)  In any action to which this section applies, the court shall determine

whether the plaintiff is a trespasser, a licensee, or an invitee, in accordance with the definitions set forth in subsection (7) of this section. If two or more landowners are party defendants to the action, the court shall determine the application of this section to each landowner. The issues of liability and damages in any such action must be determined by the jury or, if there is no jury, by the court.

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


(a)  Invitee means a person who enters or remains on the land of another to

transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner's express or implied representation that the public is requested, expected, or intended to enter or remain.

(b)  Landowner means, without limitation, an authorized agent or a person in

possession of real property and a person legally responsible for the condition of real property or for the activities conducted or circumstances existing on real property.

(c)  Licensee means a person who enters or remains on the land of another

for the licensee's own convenience or to advance the licensee's own interests, pursuant to the landowner's permission or consent. Licensee includes a social guest.

(d)  Trespasser means a person who enters or remains on the land of

another without the landowner's consent.

(8)  If any provision of this section is found by a court of competent

jurisdiction to be unconstitutional, the remaining provisions of the section are deemed valid.

Source: L. 86: Entire section added, p. 683, � 1, effective May 16. L. 90: (1.5),

(3.5), (5), and (6) added and (3) and (4) amended, p. 867, � 1, effective April 20. L. 2006: (2) amended, p. 344, � 1, effective April 5. L. 2022: Entire section amended, (SB 22-115), ch. 75, p. 381, � 2, effective April 7.

Editor's note: Subsections (5)(a) and (5)(c), as they were enacted in House

Bill 90-1107, were relettered on revision in 2002 as (5)(c) and (5)(a), respectively.

Cross references: For the legislative declaration in SB 22-115, see section 1

of chapter 75, Session Laws of Colorado 2022.

C.R.S. § 17-1-104.3

17-1-104.3. Correctional facilities - locations - security level - report - repeal. (1) (a) Each facility operated by or under contract with the department shall have a designated security level. Designation of security levels shall be as follows:

(I)  Level I facilities shall have designated boundaries, but need not have

perimeter fencing. Inmates classified as minimum may be incarcerated in level I facilities, but generally inmates of higher classifications shall not be incarcerated in level I facilities.

(II)  Level II facilities shall have designated boundaries with a single or double

perimeter fencing. The perimeter of level II facilities shall be patrolled periodically. Inmates classified as minimum restrictive and minimum may be incarcerated in level II facilities, but generally inmates of higher classifications shall not be incarcerated in level II facilities.

(III)  Level III facilities generally shall have towers, a wall or double perimeter

fencing with razor wire, and detection devices. The perimeter of level III facilities shall be continuously patrolled. Appropriately designated close classified inmates, medium classified inmates, and inmates of lower classification levels may be incarcerated in level III facilities, but generally inmates of higher classifications shall not be incarcerated in level III facilities.

(IV)  Level IV facilities shall generally have towers, a wall or double perimeter

fencing with razor wire, and detection devices. The perimeter of level IV facilities shall be continuously patrolled. Close classified inmates and inmates of lower classification levels may be incarcerated in level IV facilities, but generally inmates of higher classifications shall not be incarcerated in level IV facilities on a long-term basis.

(V)  Level V facilities comprise the highest security level and are capable of

incarcerating all classification levels. The facilities shall have double perimeter fencing with razor wire and detection devices or equivalent security architecture. These facilities generally shall use towers or stun-lethal fencing as well as controlled sally ports. The perimeter of level V facilities shall be continuously patrolled.

(b)  The correctional facilities operated by the department, the location of

such facilities, and the designated security level of such facilities shall be as follows:

Correctional facility Location Security level

Colorado state Fremont county Level V

penitentiary

Centennial correctional Fremont county Level V

facility

Limon correctional Lincoln county Level IV

facility

Arkansas Valley Crowley county Level III

correctional facility

Buena Vista Chaffee county Level III

correctional complex

Colorado Territorial Fremont county Level III

correctional facility

Fremont correctional Fremont county Level III

facility

Arrowhead Fremont county Level II

correctional center

Four Mile Fremont county Level II

correctional center

Skyline correctional Fremont county Level I

center

Colorado correctional Jefferson county Level I

center

Delta correctional Delta county Level I

center

Rifle correctional Garfield county Level I

center

Colorado correctional Chaffee county Level I

alternative program

Denver reception and City and county Level V

diagnostic center of Denver

La Vista correctional Pueblo county Level III

facility

San Carlos Pueblo county Level V

correctional facility

Sterling correctional Logan county Level V

facility

Trinidad correctional Las Animas county Level II

facility

Denver women's City and county Level V

correctional facility of Denver

Youthful offender Pueblo county Level III

system

(b.5)  Not more than six hundred and fifty beds at the Centennial south

campus of the Centennial correctional facility may be operated by the department for the purpose of housing inmates who are close custody inmates. At the discretion of the executive director, the department may house inmates of a lower than close custody level in order to facilitate the movement of inmates displaced as a result of prison closure, during a declared disaster emergency by the governor, or if the lower than close custody inmate is voluntarily assigned to work at the facility, or voluntarily serving as a mentor peer-support, or in another other leadership role as part of departmental programming with the purpose of progressing close custody inmates to lower security levels. The underlying declared disaster emergency must impact state prison operations.

(b.6) (I)  Notwithstanding any other provision of law to the contrary, the

Centennial correctional facility-south c-tower may be used to temporarily house protective-, close-, and medium-custody inmates for the Sterling correctional facility access controls project, for the duration of that project, and for the time required to temporarily relocate the inmates and then return them to the Sterling correctional facility. To the extent feasible, the department shall house an inmate from the Sterling correctional facility in the Centennial correctional facility-south c-tower only after determining that there are no suitable beds available that would not require additional appropriations to house that inmate in another facility operated by the department of corrections.

(II)  The department shall, at least thirty days prior to relocating any inmates

pursuant to subsection (1)(b.6)(I) of this section, provide a structured relocation plan to the joint budget committee and the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and shall update those committees during the project. The plan must include, but is not limited to:

(A)  What specific educational, rehabilitative, and vocational programs or

classes will be available to the inmates, including the type of programs, the number of inmates that can be enrolled in each program, the length of each program, and the location where each program will be delivered;

(B)  What behavioral health and medical care will be available;


(C)  What employment opportunities will be available and the rate of pay for

each employment opportunity;

(D)  What recreational opportunities will be available, including the location

and length of time that an inmate will be able to access the recreational opportunities;

(E)  What visitation opportunities will be available, how often they will be

available, the location for visitation, and whether that visitation is contact or non-contact;

(F)  How many hours a day an inmate will be allowed out of their cell based

on their medium- or close-custody level or protective-custody status;

(G)  Whether, prior to transfer, the department plans to conduct a

reclassification or other custody review on any medium security inmate to determine whether the inmate is appropriate to progress or have an override to minimum-restrictive custody; and

(H)  An estimate of how long inmates will be temporarily held at Centennial

correctional facility-south c-tower and if the relocations will be based on the duration of the access controls project at the Sterling correctional facility.

(III)  The department shall provide updates on the status of the access

controls project at itsSMART Act hearing required by section 2-7-203.

(IV)  This subsection (1)(b.6) is repealed, effective June 30, 2027.


(b.7)  Repealed.


(c)  For the purposes of retrofitting the Pueblo minimum center from a level II

facility to a level III facility, the department shall expend moneys received from the federal Jobs and Growth Tax Relief Reconciliation Act of 2003, as amended, Pub.L. 108-27, and shall not request additional capital construction dollars for this purpose.

(2)  Subsection (1) of this section shall be construed to set forth the features

and general operation status of the facilities described in that subsection. Nothing in subsection (1) of this section shall be construed to define or restrict the custody level of inmates placed in the facilities described in that subsection.

(3)  (Deleted by amendment, L. 2000, p. 831, � 6, effective May 24, 2000.)


(4)  Repealed.


(5)  Notwithstanding section 24-1-136 (11)(a)(I), monthly the department shall

submit a project status report on construction and a monthly population and capacity report to the office of state planning and budgeting, the joint budget committee, the capital development committee, and the legislative council. The monthly population and capacity report must include information on state and private contract facilities, including operational capacity for the previous month, the month just ending and capacity changes, on grounds population, and operational capacity for this period in the previous year. The department shall include total beds occupied in each facility, state or private contract, by custody level and by gender. The report shall itemize operational capacities for jail backlog, community corrections, parole, youthful offenders, escapees, and revocations.

Source: L. 93: Entire section added, p. 1976, � 2, effective July 1. L. 95: Entire

section amended, p. 873, � 7, effective May 24; (3)(a) amended, p. 1273, � 6, effective June 5. L. 97: (1) amended, p. 1586, � 2, effective June 4. L. 98: (4) amended, p. 727, � 8, effective May 18. L. 2000: (1), (3), and (4) amended and (5) added, p. 831, � 6, effective May 24. L. 2001: IP(1)(b) amended, p. 1271, � 21, effective June 5; (4) repealed, p. 1176, � 4, effective August 8. L. 2004: (1)(b) amended, p. 244, � 5, effective April 5; (1)(b) amended, p. 192, � 5, effective August 4. L. 2005: (1)(b) amended and (1)(c) added, p. 229, � 1, effective August 8. L. 2009: (1)(b) amended, (SB 09-034), ch. 55, p. 195, � 1, effective August 5. L. 2011: (1)(b) amended, (SB 11-214), ch. 147, p. 511, � 2, effective March 1, 2012. L. 2012: (1)(b.5) added, (HB 12-1337), ch. 144, p. 522, � 1, effective August 8. L. 2017: (5) amended, (SB 17-031), ch. 92, p. 280, � 1, effective August 9. L. 2018: (1)(b) amended, (HB 18-1375), ch. 274, p. 1699, � 17, effective May 29. L. 2019: (1)(b.7) added, (SB 19-259), ch. 289, p. 2670, � 1, effective August 2. L. 2020: (1)(b.5) amended and (1)(b.7) repealed, (HB 20-1019), ch. 9, p. 23, � 2, effective March 6. L. 2021: (1)(b.5) amended, (SB 21-146), ch. 459, p. 3088, � 13, effective July 6. L. 2025: (1)(b.6) added, (SB 25-212), ch. 327, p. 1705, � 2, effective May 31.

Editor's note: Amendments to subsection (1)(b) by Senate Bill 04-123 and

Senate Bill 04-067 were harmonized.

Cross references: For the legislative declaration in SB 25-212, see section 1

of chapter 327, Session Laws of Colorado 2025.

C.R.S. § 18-17-102

18-17-102. Legislative declaration. The general assembly hereby finds that organized crime in the state of Colorado, as well as nationwide, is a highly sophisticated, diversified, and widespread activity that annually consumes millions of dollars locally and billions of dollars nationally from this state's and the nation's economy through unlawful conduct and the illegal use of force, fraud, and corruption. Organized crime derives a major portion of its power through money procured from such illegal endeavors as syndicated and organized gambling, loan-sharking, the theft of property and fencing of stolen property, the illegal importation, manufacture, and distribution of drugs and other controlled substances, and other forms of social exploitation. This money and power are increasingly being used to infiltrate and corrupt legitimate business and labor organizations and to subvert and corrupt our democratic processes. Organized crime activities within this state weaken the stability of this state's and the nation's economy, harm innocent investors and competing organizations, impede free competition, threaten the peace and health of the public, endanger the domestic security, and undermine the general welfare of the state and its citizens. The general assembly further finds that organized crime continues to grow and flourish because of defects in the evidence-gathering process of the law which inhibits the development and use of the legally admissible evidence necessary to bring criminal and other sanctions or remedies to bear on the unlawful activities of those engaged in organized crime and because the sanctions and remedies presently available to the state are unnecessarily limited in scope and impact. Therefore, the general assembly declares that it is the purpose of this article to seek the eradication of organized crime in this state by strengthening the legal tools in the evidence-gathering process, by establishing new penal prohibitions, and by providing enhanced sanctions and new remedies to deal with the unlawful activities of those engaged in organized crime.

Source: L. 81: Entire article added, p. 1015, � 1, effective July 1; entire section

amended, p. 2032, � 47, effective July 14.

C.R.S. § 18-18-206

18-18-206. Schedule IV - repeal. (1) A substance shall be added to schedule IV by the general assembly when:

(a)  The substance has a low potential for abuse relative to substances

included in schedule III;

(b)  The substance has currently accepted medical use in treatment in the

United States; and

(c)  The abuse of the substance may lead to limited physical dependence or

psychological dependence relative to the substances included in schedule III.

(2)  Unless specifically excepted by Colorado or federal law or Colorado or

federal regulation or more specifically included in another schedule, the following controlled substances are listed in schedule IV:

(a)  Any material, compound, mixture, isomers or salts or isomers, or

preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as follows:

(I)  Not more than 1 milligram of difenoxin and not less than 25 micrograms of

atropine sulfate per dosage unit;

(II)  Propoxyphene (dosage forms);


(III)  Butorphanol;


(b)  Any material, compound, mixture, or preparation containing any quantity

of the following substances having a depressant effect on the central nervous system, including any salts, isomers, and salts of isomers of them that are theoretically possible within the specific chemical designation:

(I)  Alprazolam;


(II)  Barbital;


(III)  Bromazepam;


(IV)  Camazepam;


(V)  Chloral betaine;


(VI)  Chloral hydrate;


(VII)  Chlordiazepoxide;


(VIII)  Clobazam;


(IX)  Clonazepam;


(X)  Clorazepate;


(XI)  Clotiazepam;


(XII)  Cloxazolam;


(XIII)  Delorazepam;


(XIV)  Diazepam;


(XV)  Estazolam;


(XVI)  Ethchlorvynol;


(XVII)  Ethinamate;


(XVIII)  Ethyl loflazepate;


(XIX)  Fludiazepam;


(XX)  Flunitrazepam;


(XXI)  Flurazepam;


(XXII)  Halazepam;


(XXIII)  Haloxazolam;


(XXIV)  Ketazolam;


(XXV)  Loprazolam;


(XXVI)  Lorazepam;


(XXVII)  Lormetazepam;


(XXVIII)  Mebutamate;


(XXIX)  Medazepam;


(XXX)  Meprobamate;


(XXXI)  Methohexital;


(XXXII)  Methylphenobarbital (mephobarbital);


(XXXIII)  Midazolam;


(XXXIV)  Nimetazepam;


(XXXV)  Nitrazepam;


(XXXVI)  Nordiazepam;


(XXXVII)  Oxazepam;


(XXXVIII)  Oxazolam;


(XXXIX)  Paraldehyde;


(XL)  Petrichloral;


(XLI)  Phenobarbital;


(XLII)  Pinazepam;


(XLIII)  Prazepam;


(XLIV)  Quazepam;


(XLV)  Temazepam;


(XLVI)  Tetrazepam;


(XLVII)  Triazolam;


(XLVIII)  Zolpidem;


(c) (I)  Any material, compound, mixture, or preparation containing any

quantity of the following substance, including any salts, isomers of it that are theoretically possible: Fenfluramine.

(II)  This paragraph (c) is repealed upon removal of fenfluramine and its salts

and isomers from schedule IV of the federal Controlled Substances Act (21 U.S.C. sec. 812; 21 CFR 1308.14).

(d)  Any material, compound, mixture, or preparation containing any quantity

of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, and salts of isomers:

(I)  Cathine;


(II)  Diethylpropion;


(III)  Fencamfamin;


(IV)  Fenpropore;


(V)  Mazindol;


(VI)  Pemoline (including organometallic complexes and chelates thereof);


(VII)  Phentermine;


(VIII)  Pipradrol;


(IX)  SPA ((-)-1-dimethylamino-1,2-diphenylethane);


(e)  Any material, compound, mixture, or preparation containing any quantity

of the following substances, including their salts and isomers:

(I)  Modafinil;


(II)  Pentazocine;


(III)  Sibutramine;


(IV)  Stadol (butorphanol tartrate);


(f)  Zaleplon.


(3)  The board may exempt by rule any compound, mixture, or preparation

containing any depressant substance listed in paragraph (b) of subsection (2) of this section from the application of all or any part of this article if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances having a depressant effect on the central nervous system.

Source: L. 92: Entire article R&RE, p. 344, � 1, effective July 1. L. 94:

(2)(b)(XLVIII) added, p. 1722, � 23, effective July 1. L. 96: (2)(c) amended, p. 1427, � 16, effective July 1. L. 98: (2)(a)(III) added, p. 1445, � 36, effective July 1. L. 99: (2)(e) amended, p. 797, � 13, effective July 1. L. 2000: (2)(f) added, p. 708, � 38, effective July 1.

Editor's note: This section is similar to former � 12-22-312 as it existed prior

to 1992.

C.R.S. § 18-4-201

18-4-201. Definitions. As used in this article, unless the context otherwise requires:

(1)  Premises means any real estate and all improvements erected thereon.


(2)  Separate building means each unit of a building consisting of two or

more units separately secured or occupied.

(3)  A person enters unlawfully or remains unlawfully in or upon premises

when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. Except as is otherwise provided in section 33-6-116 (1), C.R.S., a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person or unless notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty yards or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land. In the case of a designated access road not otherwise posted, said notice shall be posted at the entrance to private land and shall be substantially as follows:

ENTERING PRIVATE PROPERTY

REMAIN ON ROADS.

Source: L. 71: R&RE, p. 426, � 1. C.R.S. 1963: � 40-4-201. L. 75: (3) amended,

p. 634, � 1, effective July 1. L. 84: (3) amended, p. 922, � 9, effective January 1, 1985. L. 99: (3) amended, p. 326, � 1, effective July 1.

Cross references: For the definition of the word premises as used in

criminal trespass, see � 18-4-504.5.

C.R.S. § 18-4-503

18-4-503. Second degree criminal trespass. (1) A person commits the crime of second degree criminal trespass if such person:

(a)  Unlawfully enters or remains in or upon the premises of another which are

enclosed in a manner designed to exclude intruders or are fenced; or

(b)  Knowingly and unlawfully enters or remains in or upon the common areas

of a hotel, motel, condominium, or apartment building; or

(c)  Knowingly and unlawfully enters or remains in a motor vehicle of another.


(2) (a)  Second degree criminal trespass in violation of subsection (1)(a) or

(1)(b) of this section is a petty offense, but it is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.

(b)  Second degree criminal trespass in violation of subsection (1)(c) of this

section is a class 2 misdemeanor.

(3)  Repealed.


Source: L. 71: R&RE, p. 431, � 1. C.R.S. 1963: � 40-4-503. L. 81: Entire section

amended, p. 990, � 1, effective June 4. L. 83: Entire section amended, p. 666, � 8, effective July 1. L. 84: (2)(a) amended, p. 1119, � 14, effective June 7. L. 93: (1) amended, p. 1732, � 18, effective July 1. L. 94: (1) amended, p. 1718, � 11, effective July 1. L. 2002: (1) amended, p. 1582, � 11, effective July 1. L. 2003: (3) added, p. 1846, � 4, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3178, � 212, effective March 1, 2022; (3)(b) added on revision, (HB 21-1314), ch. 460, pp. 3099, 3104, �� 10, 22. L. 2023: (2)(a) amended, (HB 23-1293), ch. 298, p. 1785, � 14, effective October 1.

Editor's note:  Subsection (3)(b) provided for the repeal of subsection (3),

effective January 1, 2022. (See L. 2021, pp. 3099, 3104.)

C.R.S. § 18-4-504

18-4-504. Third degree criminal trespass. (1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

(2)  Third degree criminal trespass is a petty offense, but:


(a)  Repealed.


(b)  It is a class 5 felony if the person trespasses on premises classified as

agricultural land with the intent to commit a felony thereon; except that it is a class 6 felony if the agricultural land did not have a fence securing the perimeter.

Source: L. 71: R&RE, p. 431, � 1. C.R.S. 1963: � 40-4-504. L. 83: Entire section

amended, p. 666, � 9, effective July 1. L. 84: (2)(a) amended, p. 1119, � 15, effective June 7. L. 89: (2)(b) amended, p. 834, � 48, effective July 1. L. 93: (1) amended, p. 1732, � 19, effective July 1. L. 2021: IP(2) amended, (SB 21-271), ch. 462, p. 3179, � 213, effective March 1, 2022; (2)(a)(II) added by revision, (SB 21-271), ch. 462, pp. 3179, 3331, �� 213, 803. L. 2023: (2)(b) amended, (HB 23-1293), ch. 298, p. 1785 , � 15, effective October 1.

Editor's note:  Subsection (2)(a)(II) provided for the repeal of subsection

(2)(a), effective March 1, 2022. (See L. 2021, pp. 3179, 3331.)

C.R.S. § 18-8-204

18-8-204. Introducing contraband in the second degree - definition. (1) A person commits introducing contraband in the second degree if he or she knowingly and unlawfully:

(a)  Introduces or attempts to introduce contraband into a detention facility;

or

(b)  Being a person confined in a detention facility, makes any contraband, as

defined in subsection (2) of this section.

(1.5)  A person confined in a detention facility commits introducing

contraband in the second degree if he or she knowingly and unlawfully introduces or attempts to introduce contraband into a detention facility or at any location where an inmate is likely to be located, while such inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections, but not on parole.

(2)  As used in this section, contraband means any of the following, but

does not include any article or thing referred to in section 18-8-203:

(a)  Any key, key pattern, key replica, or lock pick;


(b)  Any tool or instrument that could be used to cut fence or wire, dig, pry, or

file;

(c)  Any money or coin of United States or foreign currency or any written

instrument of value;

(d)  Any uncancelled postage stamp or implement of the United States postal

service;

(e)  Any counterfeit or forged identification card;


(f)  Any combustible material other than safety matches;


(g)  Any drug, other than a controlled substance as defined in section 18-18-102 (5), in quantities other than those authorized by a physician;


(h)  Any mask, wig, disguise, or other means of altering normal physical

appearance which could hinder ready identification;

(i)  Any drug paraphernalia as defined in section 18-18-426;


(j)  Any material which is obscene as defined in section 18-7-101;


(k)  Any chain, rope, or ladder;


(l)  Any article or thing that poses or may pose a threat to the security of the

detention facility as determined by the administrative head of the detention facility if reasonable notice is given that such article or thing is contraband;

(m)  For purposes of a facility of the department of corrections or any private

contract prison, any cigarettes or tobacco products, as defined in section 39-28.5-101 (14);

(n)  Any portable electronic communication device, including but not limited

to cellular telephones; cloned cellular telephones as defined in section 18-9-309; public, private, or family-style radios; pagers; personal digital assistants; any other device capable of transmitting or intercepting cellular or radio signals between providers and users of telecommunication and data services; and portable computers; except those devices authorized by the executive director of the department of corrections or his or her designee;

(o)  A controlled substance, as defined in section 18-18-102 (5);


(p)  Malt liquors, vinous liquors, or spirituous liquors, as those terms are

defined in section 44-3-103, or fermented malt beverage, as defined in section 44-4-103; or

(q)  Marijuana or marijuana concentrate, as those terms are defined in section

27-80-203 (15) and (16).

(3) (a)  Introducing contraband in the second degree that involves contraband

described in subsection (2)(a), (2)(b), (2)(e), (2)(f), (2)(h), (2)(k), (2)(n), or (2)(o) of this section is a class 6 felony.

(b)  Introducing contraband in the second degree that involves contraband

described in subsection (2)(c), (2)(d), (2)(g), (2)(i), (2)(j), (2)(l), (2)(m), (2)(p), or (2)(q) of this section is a class 2 misdemeanor.

Source: L. 71: R&RE, p. 458, � 1. C.R.S. 1963: � 40-8-204. L. 76, Ex. Sess.: (3)

amended, p. 13, � 2, effective September 18. L. 77: (3) amended, p. 878, � 46, effective July 1, 1979. L. 82: (1)(b) amended and (2) R&RE, p. 318, �� 1, 2, effective March 11. L. 86: (2)(j) amended, p. 784, � 5, effective April 21. L. 89: (3) amended, p. 839, � 78, effective July 1. L. 92: (2)(i) amended, p. 392, � 21, effective July 1. L. 2000: (2)(m) added, p. 851, � 58, effective May 24; (2)(b) amended, p. 709, � 43, effective July 1. L. 2002: IP(1) and (2)(m) amended and (1.5) added, p. 810, � 2, effective July 1. L. 2005: (2)(m) amended and (2)(n) added, p. 609, � 1, effective July 1. L. 2012: (2)(g) amended, (HB 12-1311), ch. 281, p. 1620, � 47, effective July 1. L. 2021: IP(2), (2)(m), and (3) amended and (2)(o), (2)(p), and (2)(q) added, (SB 21-271), ch. 462, p. 3197, � 285, effective March 1, 2022. L. 2023: (2)(m) amended, (HB 23-1015), ch. 142, p. 612, � 11, effective January 1, 2024.

Editor's note: The effective date for amendments made to this section by

chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, � 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).

C.R.S. § 19-3-705

19-3-705. Transition hearing. (1) When a youth turns eighteen years of age while the youth is a named child or is a youth in a dependency and neglect case open through this article 3, the court shall hold a transition hearing within thirty-five days after the youth's eighteenth birthday. The purpose of the transition hearing is to determine whether the youth will opt into the foster youth in transition program, established in section 19-7-303, or, alternatively, choose to emancipate.

(2)  At least seven days prior to a transition hearing, a county department

shall file a report with the court that includes:

(a)  A description of the county department's reasonable efforts toward

achieving the youth's permanency goals and a successful transition to adulthood;

(b)  An affirmation that the county department has provided the youth with

all necessary records and documents, including copies of all documents listed in section 19-3-702 (4)(d), health records, education records, and written information concerning the youth's family history and contact information for siblings, if available and appropriate;

(c)  An affirmation that the county department has informed the youth, in a

developmentally appropriate manner, of the benefits and options available to the youth by participating in the foster youth in transition program created in section 19-7-303 and the voluntary nature of that program; and

(d)  A statement of whether the youth has made a preliminary decision

whether to emancipate or to enter the foster youth in transition program created in section 19-7-303 and either or both of the following:

(I)  If it is anticipated that the youth will choose to emancipate, the report

must include a copy of the youth's emancipation transition plan executed pursuant to section 19-7-310, finalized no more than ninety days prior to the youth's transition; or

(II)  If it is anticipated that the youth will choose to enter the foster youth in

transition program created in section 19-7-303, the county department shall file a petition pursuant to section 19-7-307.

(3)  The court shall advise the youth that:


(a)  Except as provided in section 19-3-704, the youth has the right to choose

whether to emancipate or to voluntarily continue receiving services through the foster youth in transition program created in section 19-7-303;

(b)  To participate in the foster youth in transition program created in section

19-7-303, the youth must enter into a voluntary services agreement with the county department. The transition program provides the youth with access to financial support with housing and other services, as outlined in section 19-7-305.

(c)  Services provided through the foster youth in transition program created

in section 19-7-303 are voluntary for the youth, and the youth may remain in the transition program until the last day of the month in which the youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, so long as the youth meets all other program eligibility requirements pursuant to section 19-7-304;

(d)  If the youth chooses to emancipate but later decides support is needed,

the youth has the right to begin receiving child welfare services again through the foster youth in transition program, created in section 19-7-303, until the youth's twenty-first birthday or such greater age of foster care eligibility as required by federal law; and

(e)  The youth has the right to counsel, who shall represent the youth

throughout the youth's participation in the foster youth transition program. The court shall advise the youth that the current emancipation transition hearing may be continued for up to one hundred nineteen days if the youth would like additional time to make a decision or to prepare for emancipation. The court shall ask the youth whether the youth has had sufficient opportunity to consult with counsel and if the youth is ready to make a decision at the current time or, alternatively, if the youth would like to request a continuance of up to one hundred nineteen days.

(4)  Prior to a youth emancipating, the court shall:


(a)  Review the youth's emancipation transition plan executed pursuant to

section 19-7-310 and consult with the youth on readiness for emancipation;

(b)  Determine whether the county department has made reasonable efforts

toward the youth's permanency goal and a successful transition to adulthood;

(c)  Determine whether the youth has been provided with all necessary

records and documents described in subsection (2)(b) of this section; and

(d)  Determine whether the youth has been enrolled in medicaid and advise

the youth on the youth's eligibility for former foster care medicaid up to twenty-six years of age pursuant to section 26-5-113 and of the necessity of keeping the youth's contact information up to date.

(5)  With the youth's consent, the court may continue the emancipation

transition hearing for up to one hundred nineteen days to allow time to improve the youth's emancipation transition plan, gather necessary documents and records, or for any other reason necessary to allow the youth a successful transition to adulthood.

(6)  If a youth is opting into the foster youth in transition program created in

section 19-7-303 and a petition has been filed pursuant to section 19-7-307, the court shall dismiss the case pursuant to this article 3 or dismiss the youth from the case brought pursuant to this article 3, leave the case open for remaining siblings, and open a new case brought pursuant to part 3 of article 7 of this title 19. Such an action must not result in an interruption in case management services, housing, medicaid coverage, or in foster care maintenance payments.

Source: L. 2021: Entire section added, (HB 21-1094), ch. 340, p. 2217, � 7,

effective June 25. L. 2022: (1) and (5) amended, (HB 22-1245), ch. 88, p. 418, � 5, effective August 10; (3)(e) amended, (HB 22-1038), ch. 92, p. 442, � 27, effective January 9, 2023.

Cross references: For the legislative declaration in HB 22-1038, see section 1

of chapter 92, Session Laws of Colorado 2022.

PART 8

TASK FORCE ON THE COLLECTION AND SECURITY

OF DIGITAL IMAGES OF CHILD ABUSE OR NEGLECT

19-3-801 to 19-3-805. (Repealed)


Editor's note: (1)   This part 8 was added in 2016 and was not amended prior

to its repeal in 2019. For the text of this part 8 prior to its repeal in 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)   Section 19-3-805 provided for the repeal of this part 8, effective July 1,

1. (See L. 2016, p. 1043.)

PART 9

TASK FORCE ON HIGH-QUALITY PARENTING TIME

Editor's note: (1)  This part 9 was added in 2021. For amendments to this part

9 prior to its repeal in 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 19-3-905 provided for the repeal of this part 9, effective July 1,

1. (See L. 2023, p. 1685.)

   19-3-901 to 19-3-905. (Repealed)

ARTICLE 3.1

Dependency Proceedings for Unaccompanied Children

or Youth in Federal Custody

19-3.1-101.  Petition for dependency order for unaccompanied children or

youth in federal custody - definition. (1) When an unaccompanied child in the custody of the federal office of refugee resettlement housed in a facility in Colorado has been subjected to parental abuse or neglect as defined in section 19-1-103 (1)(a) or subjected to the parental actions and omissions listed in section 19-3-102, that child may file a petition for a dependency order pursuant to this section with the juvenile court in the judicial district where the child is housed.

(2) (a)  The petition must:


(I)  Set forth the facts that bring the child under the court's jurisdiction

pursuant to subsection (1) of this section;

(II)  State the child's name, age, and country of birth; and


(III)  Identify the facility in Colorado where the child is housed in the custody

of the federal office of refugee resettlement.

(b)  The statements in the petition may be made upon information and belief.


(c)  The petition must not name the child's parent as a respondent. The

petition must state clearly that parental rights may not be terminated through proceedings under this section.

(3) (a)  The court shall schedule a hearing within thirty-five days after the

petition is filed, unless a motion is made for a forthwith hearing because the child is approaching eighteen years of age or other emergent circumstances, in which case the court shall schedule the hearing within seven days. If the court finds the statements in the petition are supported by a preponderance of the evidence, the court shall declare the child dependent on the court. A child declared dependent pursuant to this section may be eligible for oversight and services by the office of the child protection ombudsman as described in section 19-3.3-103 (1)(b). Upon request, the court may also issue an order establishing the child's eligibility for classification as a special immigrant juvenile under federal law, including:

(I)  Declaring the child dependent;


(II)  Determining that reunification of the child with one or both parents is not

viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this subsection (3)(a)(II), abandonment includes, but is not limited to, the death of one or both parents.

(III)  Determining that it is not in the best interests of the child to be returned

to the child's or parents' previous country of nationality or country of last habitual residence.

(b)  The order may be entered at any time following the filing of the petition

or at the hearing.

(4)  The court shall not alter the child's custody status or placement unless

the federal department of health and human services provides specific consent.

(5)  The court may retain jurisdiction over the child until the child reaches

eighteen years of age or until further order of the court.

(6)  For purposes of this section, dependent on the court means a youth is

under the juvenile court's jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section 19-1-103 (1)(a); and the youth is in need of oversight and supportive services as determined by the court.

Source: L. 2022: Entire article added, (HB 22-1319), ch. 391, p. 2770, � 1,

effective June 7. L. 2024: (3) amended, (SB 24-119), ch. 33, p. 103, � 5, effective August 7. L. 2025: IP(3)(a) amended, (HB 25-1200), ch. 270, p. 1396, � 7, effective August 6.

ARTICLE 3.3

Office of the Child Protection Ombudsman

19-3.3-101.  Legislative declaration. (1)  The general assembly finds and

declares that:

(a)  Child abuse and neglect is a serious and reprehensible problem in society;


(b)  The protection of children from abuse and neglect by applying prevention

measures and observing best practices in treating children who are abused and neglected must be one of Colorado's highest public policy priorities;

(c)  The child protection system must protect and serve Colorado's children in

a manner that keeps them safe and healthy and promotes their well-being;

(d)  The children and families served by the child protection system, as well

as the public, must have a high level of confidence that the system will act in a child's best interests and will respond to the child's needs in a timely and professional manner;

(e)  To engender this high level of confidence in the child protection system,

it is important that children and families who become involved in the system, mandatory reporters, and the general public have a well-publicized, easily accessible, and transparent grievance process for voicing concerns regarding the child protection system along with the expectation that those concerns, once voiced, will be heard and addressed in a timely and appropriate manner; and

(f)  To improve child protection outcomes and to foster best practices, there

must be effective accountability mechanisms, including the review and evaluation of concerns voiced by children and families, mandatory reporters, persons involved in the child protection system, and members of the general public, that provide policymakers with the information necessary to formulate systemic changes, where appropriate.

(2)  The general assembly further finds and declares that the establishment

of the office of the child protection ombudsman will:

(a)  Improve accountability and transparency in the child protection system

and promote better outcomes for children and families involved in the child protection system; and

(b)  Allow families, concerned citizens, mandatory reporters, employees of

the state department and county departments, and other professionals who work with children and families to voice their concerns, without fear of reprisal, about the response by the child protection system to children experiencing, or at risk of experiencing, child maltreatment.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 974, � 1,

effective May 14. L. 2015: IP(2) amended, (SB 15-204), ch. 264, p. 1031, � 14, effective June 2.

19-3.3-101.5.  Definitions. As used in this article 3.3, unless the context

otherwise requires:

(1)  Board means the child protection ombudsman board established

pursuant to section 19-3.3-102 (2)(a).

(2)  Complaint means a report or complaint relating to an action, inaction, or

decision of a public agency or a provider that receives public money that may adversely affect the safety, permanency, or well-being of a child or youth.

(3)  Facility means a facility established and operated by the state

department pursuant to section 19-2.5-1502.

(4)  Office means the office of the child protection ombudsman established

pursuant to section 19-3.3-102 (1)(a).

(5)  Ombudsman means the child protection ombudsman and director of the

office appointed pursuant to section 19-3.3-102 (3)(a)(I).

(6)  Personnel files has the same meaning as set forth in section 24-72-202.


(7)  State-licensed residential child care facility has the same meaning as

set forth in section 26-6-903.

(8)  Work product has the same meaning as set forth in section 24-72-202.


Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2046, � 78,

effective August 6; entire section added, (HB 25-1200), ch. 270, p. 1386, � 1, effective August 6.

Editor's note: This section added by SB 25-275 and HB 25-1200 was

harmonized, resulting in the renumbering of subsections (2) and (3) in SB 25-275 to subsections (4) and (5), respectively.

19-3.3-102.  Office of the child protection ombudsman established - child

protection ombudsman advisory board - qualifications of ombudsman - duties. (1) (a) The independent office of the child protection ombudsman is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for the children of Colorado.

(a.5)  The office and the judicial department shall operate pursuant to a

memorandum of understanding between the two entities. The memorandum of understanding contains, at a minimum:

(I)  A requirement that the office has its own personnel rules;


(II)  A requirement that the ombudsman has independent hiring and

termination authority over office employees;

(III)  A requirement that the office must follow judicial fiscal rules;


(IV)  A requirement that the office of the state court administrator shall offer

the office of the child protection ombudsman limited support with respect to:

(A) to (F)  Repealed.


(G)  Office space, facilities, and technical support limited to the building that

houses the office of the state court administrator; and

(V)  Any other provisions regarding administrative support that will help

maintain the independence of the office.

(VI)  Repealed.


(b)  The office and the related child protection ombudsman board,

established in subsection (2) of this section, shall operate with full independence. The board and office have complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office, board, and ombudsman.

(c)  The office shall work cooperatively with the child protection ombudsman

board established in subsection (2) of this section, the department of human services and other child welfare organizations, as appropriate, to form a partnership between those entities and persons, parents, and the state for the purpose of ensuring the greatest protections for the children of Colorado.

(2) (a)  There is established an independent, nonpartisan child protection

ombudsman board. The board consists of twelve members and, to the extent practicable, must include persons from throughout the state and persons with disabilities and must reflect the ethnic diversity of the state. All members must have child welfare policy or system expertise or experience.

(b)  The board members must be appointed as follows:


(I)  The chief justice of the Colorado supreme court shall appoint:


(A)  An individual with experience as a respondent parents' counsel;


(B)  An individual with experience defending juveniles in court proceedings;


(C)  An individual with legal experience in dependency and neglect cases; and


(D)  An individual with experience in criminal justice involving children and

youth.

(II)  The governor shall appoint:


(A)  An individual with previous professional experience with a rural county

human or social services agency or a rural private child welfare advocacy agency;

(B)  An individual with previous professional experience with the department

of human services;

(C)  An individual with previous professional experience with an urban human

or social services agency or an urban private child welfare agency; and

(D)  An individual with experience in primary or secondary education.


(III)  The president and minority leader of the senate shall appoint:


(A)  An individual who was formerly a child in the foster care system; and


(B)  An individual with professional experience as a county and community

child protection advocate; and

(IV)  The speaker and the minority leader of the house of representatives

shall appoint:

(A)  A current or former foster parent; and


(B)  A health-care professional with previous experience with child abuse and

neglect cases.

(c)  Board members shall serve for terms of four years; except that the terms

shall be staggered so that no more than six members' terms expire in the same year. The appointing officials shall fill any vacancies on the board for the remainder of any unexpired term.

(d)  The board shall meet a minimum of two times per year and additionally as

needed. At least one meeting per year must be held outside of the Denver metropolitan area.

(e)  Board members shall serve without compensation but may be reimbursed

for actual and reasonable expenses incurred in the performance of their duties.

(f)  Expenses incurred for the board must be paid from the general operating

budget of the office of the child protection ombudsman.

(3)  The board has the following duties and responsibilities:


(a)  To oversee the following personnel decisions related to the ombudsman:


(I)  To appoint a person to serve as the child protection ombudsman and

director of the office. The board may also discharge an acting ombudsman for cause. A two-thirds majority vote is required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's compensation, and such compensation may not be reduced during the term of the ombudsman's appointment.

(II)  Filling a vacancy in the ombudsman position;


(III)  Evaluating the ombudsman's performance as determined necessary

based on feedback received related to the ombudsman; and

(IV)  Developing a public complaint process related to the ombudsman's

performance;

(b)  To oversee and advise the ombudsman on the strategic direction of the

office and its mission and to help promote the use, engagement, and access to the office;

(c)  To work cooperatively with the ombudsman to provide fiscal oversight of

the general operating budget of the office and ensure that the office operates in compliance with the provisions of this article, the memorandum of understanding, and state and federal laws relating to the child welfare system;

(d) to (g)  (Deleted by amendment, L. 2016.)


(h)  To promote the mission of the office to the public; and


(i)  To provide assistance, as practicable and as requested by the

ombudsman, to facilitate the statutory intent of this article.

(4)  Meetings of the board are subject to the provisions of section 24-6-402,

C.R.S., except for executive personnel actions or meetings requiring the protection of confidentiality for children's or parents' personal data pursuant to the federal Child Abuse Prevention and Treatment Act, Pub.L. 93-247, and state privacy laws.

(5)  The records of the board and the office are subject to the provisions of

part 2 of article 72 of title 24, C.R.S.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 975, � 1,

effective May 14. L. 2014: (2)(a) amended, (SB 14-201), ch. 280, p. 1137, � 2, effective May 29. L. 2015: Entire section R&RE, (SB 15-204), ch. 264, p. 1022, � 1, effective June 2. L. 2016: (3) amended and (1)(a.5) added, (SB 16-013), ch. 102, p. 292, � 1, effective April 15. L. 2022: (1)(a), (2)(a), IP(2)(b), (2)(c), and (3)(a)(I) amended, (SB 22-013), ch. 2, p. 26, � 32, effective February 25. L. 2023: (1)(a.5)(VI) added, (SB 23-228), ch. 96, p. 362, � 4, effective April 20. L. 2025: (1)(a), (2)(a), and (3)(a)(I) amended, (SB 25-275), ch. 377, p. 2046, � 79, effective August 6; (1)(a), (2)(a), and (3)(a)(I) amended, (HB 25-1200), ch. 270, p. 1387, � 2, effective August 6.

Editor's note: Subsection (1)(a.5)(VI) provided for the repeal of subsections

(1)(a.5)(IV)(A) to (1)(a.5)(IV)(F) and (1)(a.5)(VI), effective July 1, 2024. (See L. 2023, p. 362.)

19-3.3-103.  Office of the child protection ombudsman - duties - access to

information - confidentiality - testimony - judicial review - definitions. (1) The ombudsman has the following duties, at a minimum:

(a)  To receive and conduct an independent and impartial investigation of

complaints concerning child protection services, including:

(I)  Complaints made by or on behalf of a child;


(II)  Complaints made by or on behalf of a child's or youth's family, caregiver,

or other concerned individual;

(III)  Complaints made by or on behalf of a child or youth pursuant to sections

19-2.5- 1502.5 (4)(c), 19-3-211 (5)(a), and 19-7-101 (2)(c)(II);

(IV)  Complaints about an incident of egregious abuse or neglect; near

fatality, as described in section 26-1-139; or a fatality of a child, as described in part 20.5 of title 25 and section 26-1-139;

(V)  Complaints concerning systemic issues, including, but not limited to,

statutory, budgetary, regulatory, and administrative issues affecting the safety of and outcomes for children, youth, and families receiving child protection services in Colorado; and

(VI)  Complaints raised by members of the community relating to child

protection policies or procedures.

(b) (I)  Notwithstanding any provision of this section to the contrary, the

ombudsman may self-initiate an independent and impartial investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, as defined in section 26-6-903, and who is in the custody of the office of refugee resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The ombudsman may seek resolution of such investigation and ongoing review, which may include, but need not be limited to, referring an investigation and ongoing review to the state department or appropriate agency or entity and making a recommendation for action relating to an investigation and ongoing review.

(II) (A)  In self-initiating an investigation and ongoing review of the safety and

well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, the ombudsman has the authority to request, review, and receive copies of any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review as described in subsection (1)(b)(I) of this section, without cost to the ombudsman.

(B)  A state-licensed residential child care facility shall notify the

ombudsman and the state department within three days after the arrival of each unaccompanied immigrant child.

(C)  The ombudsman may create and distribute outreach materials to a state-licensed residential child care facility and to individuals who may have regular

contact with an unaccompanied immigrant child.

(III)  As used in this subsection (1)(b), unaccompanied immigrant child

means a child under the age of eighteen years, without lawful immigration status in the United States, who has been designated an unaccompanied child and transferred to the custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.

(2) (a)  In investigating a complaint described in subsection (1)(a) of this

section, the ombudsman shall:

(I)  Request, access, and review any information, documents, or records,

including records of third parties, the ombudsman deems necessary to conduct an independent and impartial investigation of complaints pursuant to section 19-3.3-103.4;

(II)  Seek resolution of a complaint, which may include, but is not limited to,

referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint; and

(III)  Refer any complaints relating to the judicial department and judicial

proceedings, including, but not limited to, complaints concerning the conduct of judicial officers or attorneys of record, judicial determinations, and court processes and procedures, to the appropriate agency or entity. Nothing in this section grants the office the authority to access information, records, or documents to investigate a complaint made in regard to the provision of legal services by an independent judicial agency or its contractors.

(b) (I)  Notwithstanding subsection (2)(a)(I) of this section to the contrary, the

ombudsman shall not have access to:

(A)  Personnel files;


(B)  Work product;


(C)  Information, documents, or records that may be protected by an agency's

or entity's attorney-client privilege; or

(D)  Information, documents, or records that may be protected by an agency's

deliberative process privilege.

(II)  If an agency or entity withholds information, documents, or records

described in subsection (2)(b)(I) of this section from the ombudsman, the agency or entity shall communicate to the ombudsman that the information, documents, or records were withheld and the reasons for withholding the information, documents, or records.

(c)  The ombudsman may decline to investigate a complaint or continue an

investigation. If the ombudsman declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the decision and the reason for the ombudsman's actions.

(3)  In addition to the duties described in subsection (1)(a) of this section, the

ombudsman has the following duties:

(a)  To report, as required by section 19-3.3-108, concerning the actions of the

ombudsman related to the goals and duties of the office;

(b)  To review the memorandum of understanding between the office and the

judicial department and renegotiate such memorandum of understanding at any time as the office and the judicial department mutually deem appropriate;

(c)  To act on behalf of the office and serve as signator for the office;


(d)  To ensure accountability and consistency in the operating policies and

procedures, including reasonable rules to administer the provisions of this article 3.3 and any other standards of conduct and reporting requirements as provided by law;

(e)  To serve or designate a person to serve on the youth restraint and

seclusion working group pursuant to section 26-20-110 (1)(i);

(f)  To review and evaluate the effectiveness and efficiency of any existing

grievance resolution mechanisms and to make recommendations to the general assembly, executive director, and any appropriate agency or entity for the improvement of the grievance resolution mechanisms;

 (g)  To help educate the public concerning issues and recommendations the

ombudsman identifies, including on child maltreatment and the role of the community in strengthening families and keeping children safe;

(h)  To promote best practices and effective programs relating to a publicly

funded child protection system and to work collaboratively with county departments, when appropriate, regarding improvement of processes; and

(i)  To recommend to the general assembly, the executive director, and any

appropriate agency or entity statutory, budgetary, regulatory, and administrative changes, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado. Recommendations may address issues the ombudsman identifies during the course of an investigation of complaints, as described in subsection (1)(a) of this section. The ombudsman's recommendations are subject to public disclosure pursuant to article 72 of title 24.

(4)  Nothing in this article 3.3 directs or authorizes the ombudsman to

intervene in any criminal or civil judicial proceeding or to interfere in a criminal investigation.

(5)  In the performance of the ombudsman's duties, the ombudsman shall act

independently of any public agency or provider that receives public money and that may adversely affect the safety, permanency, or well-being of a child or youth, including the division within the department of early childhood that is responsible for child care, the divisions within the state department that are responsible for child welfare or youth services, the county departments of human or social services, and all judicial and independent agencies. Any recommendations made by the ombudsman or positions taken by the ombudsman do not reflect those of any public agency, including the department of early childhood, state department, judicial department and independent agencies, or county departments of human or social services.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 976, � 1,

effective May 14. L. 2014: IP(1) and IP(2) amended, (SB 14-201), ch. 280, p. 1137, � 3, effective May 29. L. 2015: (1)(a)(I)(A), (1)(a)(II)(B), (1)(c), (2)(b), (2)(e), (3), and (5) amended, (SB 15-204), ch. 264, pp. 1026, 1031, �� 2, 15, effective June 2. L. 2016: (1)(b) and (1)(c) amended and (1)(d), (1)(e), and (1)(f) added, (SB 16-013), ch. 102, p. 294, � 2, effective April 15. L. 2017: (5) amended, (HB 17-1329), ch. 381, p. 1978, � 43, effective June 6. L. 2018: (1)(e) and (1)(f) amended and (1)(g) added, (HB 18-1010), ch. 25, p. 283, � 4, effective March 7. L. 2021: (1)(a)(I), (1)(a)(II), (2)(d), and (2)(e) amended and (2)(f) added, (HB 21-1272), ch. 324, p. 1984, � 1, effective June 24; (1)(a.5) added, (HB 21-1313), ch. 416, p. 2768, � 1, effective July 2. L. 2022: (1)(a)(II)(D), (1)(a.5)(I), (3), and (5) amended, (HB 22-1295), ch. 123, p. 836, � 42, effective July 1. L. 2025: Entire section amended, (HB 25-1200), ch. 270, p. 1387, � 3, effective August 6.

19-3.3-103.4.  Office of the child protection ombudsman - access to

information. (1) (a) (I) In investigating a complaint, the office has the authority to request, access, and review any information, records, or documents, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a). In the investigation of a complaint or event described in section 19-3.3-103 (1)(a) that occurs in the state, the office must have access to information, records, or documents that either the state department, the department of early childhood, or a county department would be entitled to access or receive.

(II)  The ombudsman shall not have access to information, documents, or

records described in section 19-3.3-103 (2)(b)(I).

(b) (I) The office must have access to all information, records, or documents

that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a) occurring in the state from any entity, including, but not limited to, a coroner's office, law enforcement agency, hospital, court, the office of state registrar of vital statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104.

(II)  The ombudsman shall not have access to information, documents, or

records described in section 19-3.3-103 (2)(b)(I).

(c) (I) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is related to a child fatality, near fatality, or incident of egregious

abuse or neglect against a child, as defined in section 26-1-139 (2), upon request, the state department of human services' child fatality review team, pursuant to section 26-1-139 (5)(e), shall provide the office the final confidential, case-specific review report.

(II) In the course of investigating a complaint described in section 19-3.3-103

(1)(a) that is related to a child fatality, upon request, the department of public health and environment's child fatality prevention review team, pursuant to section 25-20.5-405, shall provide the office with the nonidentifying case review findings and recommendations.

(2) (a)  The state department shall ensure the office has unrestricted access

to TRAILS, as defined in section 26-5-118.

(b)  For educational purposes, the state department shall ensure office

employees are permitted to attend the child welfare training academy established in section 26-5-109.

(3) The office shall request, review, and receive copies of records as

described in subsection (1) of this section without cost if electronic records are not available.

(4) Nothing in this section grants subpoena power to the ombudsman,

employees of the office, and any other person acting on behalf of the office for purposes of investigating a complaint described in section 19-3.3-103 (1)(a).

Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4,

effective August 6.

Editor's note: Several provisions of this section are similar to former � 19-3.3-103 (1)(a)(II) as it existed prior to 2025. For a detailed comparison, see the

comparative tables located in the back of the index.

19-3.3-103.5.  Office of the child protection ombudsman - confidentiality.

(1) The ombudsman, employees of the office, and any person acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department of early childhood, the state department, or a county department with respect to the treatment of confidential information or records and the disclosure of such information and records.

(2) (a) The office shall treat all complaints received pursuant to section 19-3.3-103 (1)(a) as confidential, including the identities of complainants and

individuals from whom information is acquired; except that disclosures may be permitted if the ombudsman deems it necessary to enable the ombudsman to perform the ombudsman's duties and to support any recommendations resulting from an investigation.

(b)  Records relating to complaints received by the office and the

investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

(c) The ombudsman and any employee or person acting on behalf of the

ombudsman shall not be compelled to provide oral and written testimony in a civil or criminal proceeding in which the ombudsman is not a legal party. Information, records, or documents requested and reviewed by the ombudsman pursuant to this section are not subject to a subpoena issued to the ombudsman, discovery from the ombudsman, or introduction into evidence through the ombudsman in a civil or criminal proceeding in which the ombudsman is not a legal party. Nothing in this subsection (2)(a) restricts or limits the right to discover or use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4,

effective August 6.

Editor's note: Subsections (2)(a) and (2)(c) are similar to former � 19-3.3-103

(1)(a)(I)(B) and (1)(a)(I)(C), respectively, as they existed prior to 2025.

19-3.3-104.  Qualified immunity. The ombudsman and employees or persons

acting on behalf of the office are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property, or for personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred within the scope of employment, duties, or responsibilities pertaining to the office, including but not limited to issuing reports or recommendations; except that nothing in this section shall be construed to protect such persons from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1,

effective May 14. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1032, � 16, effective June 2.

19-3.3-105.  Advisory work group - development of plan for autonomy and

accountability - repeal. (Repealed)

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1,

effective May 14. L. 2014: Entire section R&RE, (SB 14-201), ch. 280, p. 1135, � 1, effective May 29.

Editor's note: Subsection (6) provided for the repeal of this section, effective

July 1, 2016. (See L. 2014, p. 1135.)

19-3.3-106.  Award of contract - extension - repeal. (Repealed)


Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 979, � 1,

effective May 14. L. 2014: (1)(a) amended, (SB 14-201), ch. 280, p. 1137, � 4, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1027, � 3, effective June 2.

Editor's note: Subsection (4) provided for the repeal of this section, effective

July 1, 2016. (See L. 2015, p. 1027.)

19-3.3-107.  Child protection ombudsman program fund - created - repeal.

(Repealed)

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1,

effective May 14. L. 2015: (4) amended and (5) added, (SB 15-204), ch. 264, p. 1027, � 4, effective June 2.

Editor's note: Subsection (5) provided for the repeal of this section, effective

July 1, 2016. (See L. 2015, p. 1027.)

19-3.3-108.  Office of the child protection ombudsman - annual report. (1)

On or before September 1 of each year, commencing with the September 1 following the first fiscal year in which the office was established, the ombudsman shall prepare a written report that must include, but need not be limited to, information from the preceding fiscal year and any recommendations concerning the following:

(a)  Actions taken by the ombudsman relating to the duties of the office set

forth in section 19-3.3-103;

(b)  Statutory, regulatory, budgetary, or administrative changes relating to

child protection, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child welfare services in Colorado;

(c)  Results of the ombudsman's self-initiated investigation and ongoing

review of the safety and well-being of an unaccompanied immigrant child who is housed in a state-licensed residential child care facility, as described in section 19-3.3-103.

(d)  Updates on outreach efforts to state-licensed residential child care

facilities and facilities established and operated by the department of human services as described in section 19-3.3-113 (2)(c).

(2)  Notwithstanding section 24-1-136 (11)(a)(I), the ombudsman shall

distribute the written report to the governor, the chief justice, the board, and the general assembly. The ombudsman shall present the report to the health and human services committees of the house of representatives and of the senate, or any successor committees.

(3)  The ombudsman shall post the annual report on the office of the child

protection ombudsman's website and the general assembly's website.

(4)  The ombudsman shall present or communicate quarterly updates to the

board on the activities of the office.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1,

effective May 14. L. 2015: IP(1), (1)(a), (2), and (3) amended, (SB 15-204), ch. 264, pp. 1028, 1027, �� 7, 5, effective June 2. L. 2016: (2) amended and (4) added, (SB 16-013), ch. 102, p. 295, � 3, effective April 15. L. 2017: (2) amended, (SB 17-234), ch. 154, p. 521, � 6, effective August 9. L. 2021: IP(1) amended and (1)(c) added, (HB 21-1313), ch. 416, p. 2769, � 2, effective July 2. L. 2025: (1)(d) added, (HB 25-1200), ch. 270, p. 1396, � 6, effective August 6.

19-3.3-109.  Review by the state auditor's office. At the discretion of the

legislative audit committee, the state auditor shall conduct or cause to be conducted a performance and fiscal audit of the office.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 981, � 1, effective

May 14. L. 2014: Entire section amended, (SB 14-201), ch. 280, p. 1138, � 5, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1028, � 8, effective June 2. L. 2016: Entire section amended, (SB 16-013), ch. 102, p. 295, � 4, effective April 15.

19-3.3-110.  Funding recommendations. The ombudsman shall make funding

recommendations to the joint budget committee of the general assembly for the operation of the office of the child protection ombudsman. The general assembly shall make annual appropriations, in such amount and form as the general assembly determines appropriate, for the operation of the office.

Source: L. 2015: Entire section added, (SB 15-204), ch. 264, p. 1028, � 6,

effective June 2.

19-3.3-111.  Task force to prevent youth from running from out-of-home

placement - creation - membership - duties - report - definitions - repeal. (Repealed)

Source: L. 2022: Entire section added, (HB 22-1375), ch. 384, p. 2742, � 1,

effective June 7. L. 2023: (1)(d) and (3)(a)(VII)(F) amended, (HB 23-1301), ch. 303, p. 1822, � 24, effective August 7.

Editor's note: Subsection (8) provided for the repeal of this section, effective

June 30, 2025. (See L. 2022, p. 2742.)

19-3.3-112.  Systems and tools to prevent children or youth from running

away - residential child care facility - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Child or youth who has run away means a child or youth who has left

and remains away from a residential child care facility without permission.

(b)  Residential child care facility has the same meaning as set forth in

section 26-6-903.

(2) (a)  The office shall conduct a statewide inventory survey of the physical

infrastructure of residential child care facilities to address, at a minimum:

(I)  The physical infrastructure currently in place to deter children and youth

from running away; and

(II)  The physical infrastructure needed to deter children and youth from

running away.

(b)  The office shall consult with the state department to develop the

inventory survey. Physical infrastructure needs may include, but are not limited to, the use of delayed egress locks, alarms, fencing, signs, and lighting.

(3)  On or before July 1, 2026, the office shall submit a report to the health

and human services committees of the house of representatives and the senate, or their successor committees, that summarizes the results of the physical infrastructure survey of residential child care facilities conducted pursuant to subsection (2)(a) of this section.

Source: L. 2025: Entire section added, (SB 25-151), ch. 70, p. 305, � 2,

effective April 10.

Cross references: For the legislative declaration in SB 25-151, see section 1

of chapter 70, Session Laws of Colorado 2025.

19-3.3-113.  Office of the child protection ombudsman - access to state-licensed residential child care facilities and facilities - education of children and

youth in state-licensed residential child care facilities and facilities. (1) (a) A state-licensed residential child care facility and a facility shall provide physical access to their facilities pursuant to this subsection (1)(a). The office may only access a state-licensed residential child care facility or a facility in coordination with the facility directors:

(I)  In response to a request from a child or youth residing in the state-licensed residential child care facility or facility;


(II)  In response to a request from a child's or youth's family member,

caregiver, or other concerned individual; or

(III)  To distribute materials pursuant to subsection (2)(a) of this section.


(b)  A state-licensed residential child care facility or facility shall not deny

the office access to the state-licensed residential child care facility or facility to carry out the office's duties as described in this section or section 19-3.3-103.

(c)  Dependent upon available resources and at the discretion of the

ombudsman, the office may meet with the child or youth via a confidential, virtual meeting.

(d)  Upon a child's or youth's request, the state-licensed residential child care

facility or facility shall provide a private and confidential space for the child or youth to meet with the ombudsman, an office employee, or a person acting on behalf of the ombudsman.

(e)  The ombudsman, an employee of the office, or a person acting on behalf

of the ombudsman is subject to the protocol and policies of each state-licensed residential child care facility and facility.

(2) (a)  The office shall create and distribute outreach materials to state-licensed residential child care facilities and facilities. The materials must contain

information on how to access the office, the office's services, and how to file a complaint with the office.

(b)  Each state-licensed residential child care facility and facility shall display

the materials described in subsection (2)(a) of this section in a location visible to children or youth receiving services from the residential child care facility or facility.

(c)  The office shall supply the materials described in subsection (2)(a) of this

section at the office's expense. The office shall provide updates on outreach efforts in its annual report described in section 19-3.3-108.

(d)  The office shall coordinate with each state-licensed residential child care

facility and facility to provide in-person educational courses to children and youth residing in the facilities on how to access the office, the office's services, and how to file a complaint with the office.

(3)  The office and each state-licensed residential child care facility or facility

shall operate pursuant to a memorandum of understanding between the office and each residential child care facility or facility. The memorandum of understanding must, at a minimum, require that:

(a)  The office provides each state-licensed residential child care facility or

facility with notice of a child's or youth's request to visit with the ombudsman within forty-eight business hours after receiving the request;

(b)  The state-licensed residential child care facility or facility provides the

ombudsman access to a facility and a private, confidential space to meet with a child or youth within five business days after the office receives the child's or youth's request to meet;

(c)  The office provides the state-licensed residential child care facility or

facility with notice at least five business days before the office would like to enter the state-licensed residential child care facility or facility to distribute materials p

C.R.S. § 23-31-608

23-31-608. Board to secure lands. The board of governors of the Colorado state university system is authorized to select the necessary lands, secure the same either by lease or purchase, make all necessary improvements in the way of buildings and fences, and take such steps as it deems necessary to successfully establish said stations.

Source: L. 2007: Entire article amended with relocations, p. 542, � 2,

effective August 3.

Editor's note: This section is similar to former � 23-33-108 as it existed prior

to 2007.

C.R.S. § 24-30-1510.5

24-30-1510.5. Self-insured property fund - creation - authorized and unauthorized payments - executive director authorized to make payments. (1) (a) There is hereby created in the state treasury a fund to be known as the self-insured property fund, which shall consist of all moneys that may be appropriated thereto by the general assembly or which may be otherwise made available to it by the general assembly. Moneys otherwise made available shall be deemed to include transfers of moneys to the fund authorized in the general appropriation act. All interest earned from the investment of moneys in the self-insured property fund shall be credited to the self-insured property fund and become a part thereof. The moneys in the fund are hereby continuously appropriated for the purposes of the self-insured property fund other than the direct and indirect administrative costs of operating the risk management system. The general assembly shall make annual appropriations from the fund for the direct and indirect administrative costs of operating the risk management system that are attributable to the operation of the self-insured property fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.

(b)  Notwithstanding any provision of this section to the contrary, on June 1,

2009, the state treasurer shall deduct one million two hundred ninety-five thousand fifty-five dollars from the self-insured property fund and transfer such sum to the general fund.

(2)  The self-insured property fund shall maintain reserves for incurred but

unpaid loss or damage claims to state property. The self-insured property fund shall maintain reserves to provide for the contingency that the reserves set aside in the fund to meet estimated expenses are inadequate to cover the actual expenses realized. The executive director shall recommend the amount of money that is required to maintain adequate reserves. Adequate reserves shall be maintained in the self-insured property fund subject to available appropriations made by the general assembly in its discretion.

(3)  Expenditures shall be made out of the self-insured property fund in

accordance with subsection (1) of this section only for the following purposes:

(a)  To pay claims for loss or damage to state property subject to the

following conditions:

(I)  Claims for loss or damage to real property shall be based on replacement

cost;

(II)  Claims for loss or damage to personal property shall be based on actual

cash value;

(III)  The loss or damage to property on which the claim is based shall have

been caused by one or more of the hazards covered under the self-insured property fund as set forth in subsection (5) of this section;

(IV)  The principal state department shall pay a five-thousand-dollar

deductible for each occurrence;

(b)  To procure and pay premiums for one or more policies of insurance

purchased pursuant to this part 15 to protect against loss or damage to state property;

(c)  To pay the administrative costs of operating the risk management

system.

(4)  Moneys in the self-insured property fund shall not be used to pay the

following:

(a)  Claims for loss or damage to state property which are specifically insured

by a commercial insurance policy;

(b)  Claims for extra expense and normal wear and tear.


(5)  The self-insured property fund shall provide self-insurance for loss or

damage to state property due to the following hazards:

(a)  Fire and lightning; except that coverage shall not be provided if the state

agency does not report such incident or occurrence to the appropriate fire department;

(b)  Windstorm and hail;


(c)  Debris removal in connection with a hazard that is covered under the self-insured property fund;


(d)  Explosion;


(e)  Sudden and accidental damage from smoke;


(f)  Vandalism and malicious mischief;


(g)  Theft of state-owned property; except that coverage shall not be

provided if the state agency does not report such theft to the appropriate law enforcement agency;

(h)  Damage from the weight of ice or snow; except that outdoor equipment,

awnings, fences, pavements, patios, swimming pools, wharves, and docks are not covered;

(i)  Flood;


(j)  Earthquake;


(k)  Business interruption if the state is obligated under the terms of a lease

or bond issue to continue making payments on the state property after the loss or damage has occurred and if the business interruption is caused by a hazard that is covered under the self-insured property fund;

(l)  Any other hazard that the executive director determines pursuant to rule

and regulation is appropriate for inclusion under the self-insured property fund.

(6)  The executive director or a designee of the executive director is

authorized to pay property claims of a state agency subject to available funds in the self-insured property fund and subject to the limitations in this section. The executive director or a designee of the executive director is authorized to provide for the repair and replacement of property consistent with the provisions of this part 15 and is authorized to provide for the payment of the costs of such repair and replacement out of the self-insured property fund. Disbursements from the self-insured property fund for claims of state agencies for loss or damage to property shall be paid by the state treasurer upon warrants drawn in accordance with the law upon vouchers issued by the department of personnel.

(7)  Repealed.


Source: L. 86, 2nd Ex. Sess.: Entire section added, p. 65, � 7, effective

August 25. L. 88: (7) repealed, p. 914, � 3, effective April 20. L. 96: (1), (2), (3)(c), (5)(l), and (6) amended, pp. 1505, 1521, �� 22, 62, effective June 1. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1927, � 9, effective June 1. L. 2010: (3)(a)(IV) amended, (HB 10-1181), ch. 351, p. 1622, � 9, effective June 7.

C.R.S. § 24-75-112

24-75-112. Annual general appropriation act - headnote definitions - general provisions - footnotes. (1) As used in the annual general appropriation act, the following definitions and general provisions apply for the headnote terms preceding and specifying the purpose of certain line items of appropriation:

(a) (I)  Capital outlay means:


(A)  Equipment, furniture, motor vehicles, software, and other items that have

a useful life of one year or more;

(B)  Alterations and replacements, meaning major and extensive repair,

remodeling, or alteration of buildings, the replacement thereof, or the replacement and renewal of the plumbing, wiring, electrical, fiber optic, heating, and air conditioning systems therein;

(C)  New structures, meaning the construction of entirely new buildings,

including the value of materials and labor, either state-supplied or supplied by contract; or

(D)  Nonstructural improvements to land, meaning the grading, leveling,

drainage, irrigation, and landscaping thereof and the construction of roadways, fences, ditches, and sanitary and storm sewers.

(II)  Capital outlay does not include those things defined as capital

construction, capital renewal, or controlled maintenance in section 24-30-1301 (2), (3), and (4).

(b)  Centralized appropriation means the appropriation of funds to an

executive director of a department or a central administrative program intended for subsequent allocation and expenditure at and among a department's divisions, programs, agencies, or long bill groups in order to reflect the amount of such resources actually used in each program or division. Such centralized appropriations may include salary survey, step pay or anniversary increases, senior executive service, shift differential, group health and life insurance, capital outlay, ADP capital outlay, information technology asset maintenance, legal services, purchase of services from computer center, multiuse network payments, vehicle lease payments, leased space, financed purchase of an asset, certificate of participation, payment to risk management and property funds, short-term disability insurance, utilities, communications services payments, amortization equalization disbursements, supplemental amortization equalization disbursements, administrative law judge services, and centralized ADP. As provided in subsection (1)(l) of this section, capital outlay is included within the appropriation for operating expenses.

(b.5)  Certificate of participation means any certificate evidencing a

participation right or a proportionate interest in any financing agreement or the right to receive proportionate payments from the state or an agency due under any financing agreement.

(c)  Communications services payments means payments to the office of

information technology created in section 24-37.5-103 for the cost of services from the state's public safety communications infrastructure.

(c.5)  Financed purchase of an asset means a financing agreement that

includes the purchase of an asset.

(d) (I)  Except as otherwise provided in subparagraph (IV) of this paragraph

(d), full-time equivalent or FTE means the budgetary equivalent of one permanent position continuously filled full time for an entire fiscal year by elected state officials or by state employees who are paid for at least two thousand eighty hours per fiscal year, with adjustments made to:

(A)  Include in such time computation any sick, annual, administrative, or

other paid leave;

(B)  Exclude from such time computation any overtime or shift differential

payments made in excess of regular or normal hours worked and any leave payouts upon termination of employment; and

(C)  Account for the actual number of work hours in a given fiscal year.


(II)  Full-time equivalent or FTE does not include contractual, temporary,

or permanent seasonal positions.

(III)  As used in this paragraph (d), state employee means a person

employed by the state, whether or not such person is a classified employee in the state personnel system.

(IV)  For purposes of higher education professional personnel and assistants

in resident instruction and professional personnel in organized research and activities relating to instruction, full-time equivalent or FTE means the equivalent of one permanent position continuously filled for a nine-month or ten-month academic year.

(V)  The number of FTE specified in a particular item of appropriation is the

number utilized to calculate the amount appropriated and necessary to fund any combination of part-time positions or full-time positions equal to such number for the fiscal year to which the annual general appropriation act pertains in accordance with the definition contained in subsections (1)(d)(II) and (1)(d)(III) of this section and is not a limitation on the number of FTE that may be employed. No department shall make a material change in the number of FTE specified in a particular item of appropriation prior to notifying the joint budget committee in writing of such change. This subsection (1)(d)(V) does not apply to state trainee positions.

(e)  Health, life, and dental means the state contribution for group benefits

plans pursuant to section 24-50-609. These contribution amounts shall be effective in accordance with section 24-50-104 (4)(d)(II).

(f)  Indirect cost assessment means reimbursements made to an agency of

the state from federal funds, other nonstate funds, cash funds, or reappropriated funds for the indirect expenses that have been incurred by the state in operating such programs. These recoveries are made by the departments using the approved indirect cost rate, as required by the state fiscal rules.

(g)  Leased space means the use and acquisition of office facilities and

office and parking space pursuant to a rental agreement.

(h)  Repealed.


(i)  Legal services means the purchase of legal services from the

department of law; however, up to ten percent of the amount appropriated for legal services may instead be expended for operating expenses, contractual services, and tuition for employee training.

(j)  Motor vehicle means a motor truck designated three-quarters of one ton

or less, automobile, or other self-propelled vehicle.

(k)  Multiuse network payments means payments to the department of

personnel for the cost of administration and the use of the state's telecommunications network.

(l)  Operating expenses means those supplies, materials, items, services,

and travel-related expenses needed to administer the programs delegated to the departments, except for personal services, legal services, or capital construction.

(m)  Personal services means:


(I)  All salaries and wages, including overtime, whether to full-time, part-time,

or temporary employees of the state, and also includes the state's contribution to the public employees' retirement association and the state's share of federal medicare tax paid for state employees;

(II)  Professional services, meaning services requiring advanced study in a

specialized discipline that are rendered or performed by firms or individuals for the state other than for employment compensation as an employee of the state, including but not limited to accounting, consulting, architectural, engineering, physician, nurse, specialized computer, and construction management services. No appropriation for such services shall be expended on the provision of legal services by the department of law or by a private attorney or law firm prior to notifying the joint budget committee in writing of such change. Payments for professional services shall be in compliance with section 24-30-202 (2) and (3).

(III)  Temporary services, meaning clerical, administrative, and casual labor

rendered or performed by firms or individuals for the state other than for employment compensation as an employee of the state. Payments for temporary services shall be in compliance with section 24-30-202 (2) and (3).

(IV)  Tuition, meaning payments for graduate or undergraduate courses taken

by state employees at institutions of higher education; or

(V)  Payments for unemployment claims or insurance as required by the

department of labor and employment.

(n)  Pueblo data entry center payments means payments to the department

of personnel for the cost of data entry services from the data entry center.

(o)  Purchase of services from computer center means the purchase of

automated data processing services from the general government computer center.

(p)  Short-term disability means the state contribution for employee short-term disability pursuant to section 24-50-603 (13).


(q)  Utilities means water, sewer service, electricity, payments to energy

service companies, purchase of energy conservation equipment, and all heating fuels.

(r)  Vehicle lease payments means the annual payments to the department

of personnel for the cost of administration, repayment of a loan from the state treasury, and financed purchase of an asset or certificate of participation payments for new and replacement vehicles.

(2) (a)  When it is not feasible, due to the format of the annual general

appropriation act, to set forth fully in the line item description the purpose of an item of appropriation or a condition or limitation on the item of appropriation, the footnotes at the end of each section of the annual general appropriation act are provisions that set forth such purposes, conditions, or limitations. Such provisions are intended to be binding portions of the items of appropriation to which they relate to the extent that those purposes, conditions, or limitations are integral to the appropriation and are not, in accordance with the Colorado supreme court decision in Colorado General Assembly v. Owens, 136 P.3d 262 (Colo. 2006), conditions reserving to the general assembly powers of close supervision over the appropriation.

(b)  The footnotes may also contain an explanation of any assumptions used

in determining a specific amount of an appropriation. However, such footnotes shall not contain any provision of substantive law or any provision requiring or requesting that any administrative action be taken in connection with any appropriation. Footnotes may set forth any other statement of explanation or expression of legislative intent relating to any appropriation.

(3)  Where no purpose is specified or where a special program is specified,

the appropriation shall be for operating expenses and personal services.

(4)  Expenditures of funds appropriated for the purchase of goods and

services shall be in accord with section 17-24-111, C.R.S., which requires institutions, agencies, and departments to purchase such goods and services as are produced by the division of correctional industries from said division.

Source: L. 2008: Entire section added, p. 153, � 2, effective March 24. L.

2009: (1)(h) amended, (HB 09-1218), ch. 132, p. 570, � 2, effective July 1; (1)(c) amended, (HB 09-1150), ch. 309, p. 1667, � 6, effective August 5. L. 2012: (1)(d)(I) amended, (SB 12-112), ch. 32, p. 126, � 1, effective August 8; (1)(b) amended, (HB12-1321), ch. 260, p. 1352, � 13, effective September 1. L. 2014: (1)(a)(II) amended, (HB 14-1387), ch. 378, p. 1845, � 47, effective June 6. L. 2021: (1)(b) and (1)(r) amended, (1)(b.5) and (1)(c.5) added, and (1)(h) repealed, (HB 21-1316), ch. 325, p. 2030, � 40, effective July 1. L. 2022: (1)(d)(V) amended, (SB 22-226), ch. 179, p. 1191, � 8, effective May 18. L. 2023: (1)(d)(V) amended, (SB 23-051), ch. 37, p. 147, � 26, effective March 23. L. 2024: IP(1) and (1)(b) amended, (HB 24-1467), ch. 430, p. 3017, � 8, effective June 5.

Cross references: (1)  For the legislative declaration contained in the 2008

act enacting this section, see section 1 of chapter 57, Session Laws of Colorado 2008. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in SB 22-226, see section 1 of chapter 179, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1467, see section 1 of chapter 430, Session Laws of Colorado 2024.

(2)  In 2012, subsection (1)(b) was amended by the Modernization of the State

Personnel System Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012.

C.R.S. § 25-1-518

25-1-518. Nuisances. (1) Removal of nuisances. The county or district board of health shall examine all nuisances, sources of filth, and causes of sickness, which, in its opinion, may be injurious to the health of the inhabitants, within its town, city, county, city and county, or district, and it shall destroy, remove, or prevent the nuisance, source of filth, or cause of sickness, as the case may require.

(2)  Unhealthy premises cleaned - structures removed. If any cellar, vault,

lot, sewer, drain, place, or premises within any city is damp, unwholesome, offensive, or filthy, or is covered for any portion of the year with stagnant or impure water, or is in a condition as to produce unwholesome or offensive exhalations, the county or district board of health may cause the area to be drained, filled up, cleaned, amended, or purified; or may require the owner or occupant or person in charge of the lot, premises, or place to perform such duty; or may cause the removal to be done by the proper officers of the city.

(3)  Expense for abating nuisance. If any person or company neglects to

remove or abate any nuisance or to perform any requirement made by or in accordance with any ordinance or resolution of the county or district board of health for the protection of the health of the inhabitants and if any expense is incurred by the board in removing or abating the nuisance or in causing such duty or requirement to be performed, such expense may be recovered by the board in an action against such person or company. In all cases where the board incurs any expense for draining, filling, cleaning, or purifying any lot, place, or premises, or for removing or abating any nuisance found upon such lot or premises, the board, in addition to all other remedies, may provide for the recovery of such expense, charge the same or such part thereof as it deems proper to the lot or premises upon or on account of which such expense was incurred or from which such nuisance was removed or abated, and cause the same to be assessed upon such lot or premises and collected as a special assessment.

(4)  Removal of nuisance on private property - penalty. Whenever any

nuisance, source of filth, or cause of sickness is found on private property, the county or district board of health shall order the owner or occupant or the person who has caused or permitted such nuisance, at his or her own expense, to remove the same within twenty-four hours. In default thereof, he or she shall forfeit a sum not to exceed one hundred dollars at the suit of the board of county commissioners of the proper county or the board of the proper city, town, or village for the use of the county or district board of health of the city or town where the nuisance is found.

(5)  Board to remove - when. If the owner or occupant does not comply with

an order of the county or district board of health, the board may cause the nuisance, source of filth, or cause of sickness to be removed, and all expense incurred thereby shall be paid by the owner or occupant or by such other person who has caused or permitted the nuisance, source of filth, or cause of sickness.

(6)  Conviction - nuisance to be abated. Whenever any person is convicted of

maintaining a nuisance that may be injurious to the public health, the court, in its discretion, may order the nuisance abated, removed, or destroyed at the expense of the defendant under the direction of the county or district board of health of the town, city, county, or district where the nuisance is found, and the form of the warrant to the sheriff or other officer may be varied accordingly.

(7)  Stay warrant of conviction. The court, on the application of the

defendant, may order a stay of a warrant issued pursuant to subsection (6) of this section for such time as may be necessary, not exceeding six months, to give the defendant an opportunity to remove the nuisance upon giving satisfactory security to do so within the time specified in the order.

(8)  Expense of abating. The expense of abating and removing the nuisance

pursuant to a warrant issued pursuant to subsection (6) of this section shall be collected by the officer in the same manner as damages and costs are collected upon execution; except that the materials of any buildings, fences, or other things that may be removed as a nuisance may be sold by the officer in like manner as goods are sold on execution for the payment of debts. The officer may apply the proceeds of the sale to defray the expenses of the removal and shall pay over the balance thereof, if any, to the defendant upon demand. If the proceeds of the sale are not sufficient to defray the expenses incurred pursuant to this subsection (8), the sheriff shall collect the residue thereof as provided in subsection (3) of this section.

(9)  Refusal of admittance to premises. (a)  Whenever a county or district

board of health finds it necessary for the preservation of the lives or health of the inhabitants to enter any building, car, or train of cars in its town, city, county, or district for the purpose of examining and abating, removing, or preventing any nuisance, source of filth, or cause of sickness and is refused entry, any member of the board may make complaint under oath to the county court of his or her county stating the facts of the case as far as he or she has knowledge thereof.

(b)  The court may thereupon issue a warrant directed to the sheriff

commanding him or her to take sufficient aid and, being accompanied by any two or more members of the county or district board of health, during daylight hours, to return to the place where the nuisance, source of filth, or cause of sickness complained of may be and destroy, remove, or prevent the nuisance, source of filth, cause of sickness, or danger to life or limb under the direction of the members of the board of health.

(10)  Damages occasioned by nuisance - action. Any person injured either in

his or her comfort or in the enjoyment of his or her estate by any nuisance may have an action for damages sustained thereby.

Source: L. 2008: Entire part R&RE, p. 2049, � 1, effective July 1. L. 2009: (1)

amended, (SB 09-292), ch. 369, p. 1970, � 83, effective August 5.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 2008. For a detailed comparison, see the comparative tables located in the back of the index.

C.R.S. § 25-17-1018

25-17-1018. Rules. The commission may adopt rules implementing this part 10.

Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2402, � 1,

effective August 6.

ARTICLE 18

Underground Storage Tanks

25-18-101 to 25-18-109. (Repealed)


Source: L. 95: Entire article repealed, p. 420, � 12, effective July 1.


Editor's note: This article was added in 1989. For amendments to this article

prior to its repeal in 1995, 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. The provisions of this article were relocated to article 20.5 of title 8. For the location of specific provisions, see the editor's notes following each section in said article.

ARTICLE 18.5

Illegal Drug Laboratories

Law reviews: For article, Meth Labs: New Colorado Cleanup Mandate and

Regulation, see 34 Colo. Law. 105 (Dec. 2005).

25-18.5-101.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Board means the state board of health in the department of public

health and environment.

(2)  Certified industrial hygienist means an individual who is certified by the

American board of industrial hygiene or its successor.

(3)  Clean-up standards means the acceptable standards for the

remediation of an illegal drug laboratory involving methamphetamine, as established by the board under section 25-18.5-102.

(4)  Consultant means a certified industrial hygienist or industrial hygienist

who is not an employee, agent, representative, partner, joint venture participant, or shareholder of the contractor or of a parent or subsidiary company of the contractor, and who has been certified under section 25-18.5-106.

(5)  Contractor means a person:


(a)  Hired to decontaminate an illegal drug laboratory in accordance with the

procedures established by the board under section 25-18.5-102; and

(b)  Certified by the department under section 25-18.5-106.


(6)  Department means the Colorado department of public health and

environment.

(7)  Governing body means the agency or office designated by the city

council or board of county commissioners where the property in question is located. If there is no such designation, the governing body shall be the county, district, or municipal public health agency, building department, and law enforcement agency with jurisdiction over the property in question.

(8)  Illegal drug laboratory means the areas where controlled substances,

as defined by section 18-18-102, C.R.S., have been manufactured, processed, cooked, disposed of, used, or stored and all proximate areas that are likely to be contaminated as a result of the manufacturing, processing, cooking, disposal, use, or storage.

(9)  Industrial hygienist has the same meaning as set forth in section 24-30-1402 (2.2), C.R.S.


(10)  Property means anything that may be the subject of ownership,

including land, buildings, structures, and vehicles.

(11)  Property owner, for the purposes of real property, means the person

holding record fee title to real property. Property owner also means the person holding title to a manufactured home.

Source: L. 2004: Entire article added, p. 532, � 1, effective April 21. L. 2005:

(2.5) added, p. 1495, � 1, effective June 9. L. 2009: (2) amended and (2.7) added, (SB 09-060), ch. 140, p. 600, � 1, effective April 20. L. 2010: (2.5) amended, (HB 10-1422), ch. 419, p. 2106, � 125, effective August 11. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1564, � 1, effective August 7.

25-18.5-102.  Illegal drug laboratories - rules. (1)  The board shall

promulgate rules in accordance with section 24-4-103, C.R.S., as necessary to implement this article, including:

(a)  Procedures for testing contamination, evaluating contamination, and

establishing the acceptable standards for cleanup of illegal drug laboratories involving methamphetamine;

(b)  Procedures for a training and certification program for people involved in

the assessment, decontamination, and sampling of illegal drug laboratories. The board may develop different levels of training and certification requirements based on a person's prior experience in the assessment, decontamination, and sampling of illegal drug laboratories.

(c)  A definition of assessment, decontamination, and sampling for

purposes of this article;

(d)  Procedures for the approval of persons to train consultants or

contractors in the assessment, decontamination, or sampling of illegal drug laboratories; and

(e)  Procedures for contractors and consultants to issue certificates of

compliance to property owners upon completion of assessment, decontamination, and sampling of illegal drug laboratories to certify that the remediation of the property meets the clean-up standards established by the board under paragraph (a) of this subsection (1).

(2)  The board shall establish fees for the following:


(a)  Certification of persons involved in the assessment, decontamination, and

sampling of illegal drug laboratories;

(b)  Monitoring of persons involved in the assessment, decontamination, and

sampling of illegal drug laboratories, if necessary to ensure compliance with this article; and

(c)  Approval of persons involved in training for consultants or contractors

under paragraph (d) of subsection (1) of this section.

(3)  The board shall adopt rules for determining administrative penalties for

violations of this article, based on the factors enumerated in section 25-18.5-107 (2)(g).

Source: L. 2004: Entire article added, p. 533, � 1, effective April 21. L. 2009:

Entire section amended, (SB 09-060), ch. 140, p. 600, � 2, effective April 20. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1565, � 1, effective August 7.

25-18.5-103.  Discovery of illegal drug laboratory - property owner -

cleanup - liability. (1) (a) Upon notification from a peace officer that chemicals, equipment, or supplies of an illegal drug laboratory are located on a property, or when an illegal drug laboratory is otherwise discovered and the property owner has received notice, the owner of any contaminated property shall meet the clean-up standards for property established by the board in section 25-18.5-102; except that a property owner may, subject to paragraph (b) of this subsection (1), elect instead to demolish the contaminated property. If the owner elects to demolish the contaminated property, the governing body or, if none has been designated, the county, district, or municipal public health agency, building department, or law enforcement agency with jurisdiction over the property may require the owner to fence off the property or otherwise make it inaccessible for occupancy or intrusion.

(b)  An owner of personal property within a structure or vehicle contaminated

by illegal drug laboratory activity has ten days after the date of discovery of the laboratory or contamination to remove or clean the property according to board rules and paragraph (c) of this subsection (1). If the personal property owner fails to remove the personal property within ten days, the owner of the structure or vehicle may dispose of the personal property during the clean-up process without liability to the owner of the personal property for the disposition.

(c)  A person who removes personal property or debris from a drug laboratory

shall secure the property and debris to prevent theft or exposing another person to any toxic or hazardous chemicals until the property and debris is appropriately disposed of or cleaned according to board rules.

(2) (a)  Except as specified in subsection (2)(b) of this section, once a property

owner has received certificates of compliance from a contractor and a consultant in accordance with section 25-18.5-102 (1)(e), or has demolished the property, or has met the clean-up standards and documentation requirements of this section as it existed before August 7, 2013, the property owner:

(I)  Shall furnish copies of the certificates of compliance to the governing

body and the department; and

(II)  Is immune from a suit brought by a current or future owner, renter,

occupant, or neighbor of the property for health-based civil actions that allege injury or loss arising from the illegal drug laboratory.

(b)  A person convicted for the manufacture of methamphetamine or for

possession of chemicals, supplies, or equipment with intent to manufacture methamphetamine is not immune from suit.

(3)  (Deleted by amendment, L. 2013.)


Source: L. 2004: Entire article added, p. 533, � 1, effective April 21. L. 2005:

Entire section amended, p. 1495, � 2, effective June 9. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2106, � 126, effective August 11. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1566, � 1, effective August 7. L. 2023: IP(2)(a) and (2)(a)(I) amended, (SB 23-148), ch. 326, p. 1957, � 1, effective August 7.

25-18.5-104.  Entry into illegal drug laboratories. (1)  If a structure or vehicle

has been determined to be contaminated or if a governing body or law enforcement agency issues a notice of probable contamination, the owner of the structure or vehicle shall not permit any person to have access to the structure or vehicle unless:

(a)  The person is trained or certified to handle contaminated property under

board rules or federal law; or

(b)  The owner has received certificates of compliance under section 25-18.5-102 (1)(e).


Source: L. 2005: Entire section added, p. 1496, � 3, effective June 9. L. 2013:

Entire article amended, (SB 13-219), ch. 293, p. 1567, � 1, effective August 7.

25-18.5-105.  Drug laboratories - governing body - authority. (1)  Governing

bodies may declare an illegal drug laboratory that has not met the clean-up standards set by the board in section 25-18.5-102 a public health nuisance.

(2)  Governing bodies may enact ordinances or resolutions to enforce this

article, including preventing unauthorized entry into contaminated property; requiring contaminated property to meet clean-up standards before it is occupied; notifying the public of contaminated property; coordinating services and sharing information between law enforcement, building, public health, and social services agencies and officials; and charging reasonable inspection and testing fees.

Source: L. 2005: Entire section added, p. 1496, � 3, effective June 9. L. 2013:

Entire article amended, (SB 13-219), ch. 293, p. 1567, � 1, effective August 7.

25-18.5-106.  Powers and duties of department. (1)  The department shall

implement, coordinate, and oversee the rules promulgated by the board in accordance with this article, including:

(a)  The certification of persons involved in the assessment, decontamination,

or sampling of illegal drug laboratories;

(b)  The approval of persons to train consultants and contractors in the

assessment, decontamination, or sampling of illegal drug laboratories.

(2)  On and after January 1, 2024, the department shall create and make

available to the public an online database of any residential real property, as defined in section 38-35.7-103 (5), that has been used as an illegal drug laboratory involving methamphetamine. The department shall remove a residential real property from the database five years after the later date on the certificates of compliance issued by a contractor and a consultant in accordance with section 25-18.5-102 (1)(e). Each residential real property on the database must contain a field that is made available to the public and that records whether the property has a certificate of compliance issued pursuant to section 25-18.5-102 (1)(e).

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1568, � 1,

effective August 7. L. 2023: (2) added, (SB 23-148), ch. 326, p. 1957, � 2, effective August 7.

25-18.5-107.  Enforcement. (1)  A person that violates any rule promulgated

by the board under section 25-18.5-102 is subject to an administrative penalty not to exceed fifteen thousand dollars per day per violation until the violation is corrected.

(2) (a)  Whenever the department has reason to believe that a person has

violated any rule promulgated by the board under section 25-18.5-102, the department shall notify the person, specifying the rule alleged to have been violated and the facts alleged to constitute the violation.

(b)  The department shall either:


(I)  Send the notice by certified or registered mail, return receipt requested,

to the alleged violator's last-known address; or

(II)  Personally serve the notice upon the alleged violator or the alleged

violator's agent.

(c)  The alleged violator has thirty days following receipt of the notice to

submit a written response containing data, views, and arguments concerning the alleged violation and potential corrective actions.

(d)  Within fifteen days after receiving notice of an alleged violation, the

alleged violator may request an informal conference with department personnel to discuss the alleged violation. The department shall hold the informal conference within the thirty days allowed for a written response.

(e)  After consideration of any written response and informal conference, the

department shall issue a letter, within thirty days after the date of the informal conference or written response, whichever is later, affirming or dismissing the violation. If the department affirms the violation, the department shall issue an administrative order within one hundred eighty days after the time for a written response has expired. The administrative order must include any remaining corrective actions that the violator shall take and any administrative penalty that the department determines is appropriate.

(f)  The department shall serve an administrative order under this article on

the person subject to the order by personal service or by registered mail, return receipt requested, at the person's last-known address. An order may be prohibitory or mandatory in effect. The order is effective immediately upon issuance unless otherwise provided in the order.

(g)  In determining the amount of an administrative penalty, the department

shall consider the following factors:

(I)  The seriousness of the violation;


(II)  Whether the violation was intentional, reckless, or negligent;


(III)  Any impact on, or threat to, the public health or environment as a result

of the violation;

(IV)  The violator's degree of recalcitrance;


(V)  Whether the violator has had a prior violation and, if so, the nature and

severity of the prior violation;

(VI)  The economic benefit the violator received as a result of the violation;


(VII)  Whether the violator voluntarily, timely, and completely disclosed the

violation before the department discovered it;

(VIII)  Whether the violator fully and promptly cooperated with the

department following disclosure or discovery of the violation; and

(IX)  Any other relevant aggravating or mitigating circumstances.


(3)  If the department determines that a person has been grossly

noncompliant with the rules promulgated by the board under section 25-18.5-102, the department may:

(a)  Suspend or revoke the person's certification for the assessment,

decontamination, or sampling of illegal drug laboratories; or

(b)  Suspend or revoke the approval of a person to provide training for

consultants or contractors performing assessment, decontamination, or sampling of illegal drug laboratories.

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1568, � 1,

effective August 7.

25-18.5-108.  Illegal drug laboratory fund. The illegal drug laboratory fund

is hereby established in the state treasury. The department shall transfer the fees collected under section 25-18.5-102 (2) to the state treasurer who shall credit these fees to the fund. The general assembly shall appropriate the moneys in the fund for the implementation of this article. The treasurer shall credit to the fund all interest derived from the deposit and investment of moneys in the fund. The moneys in the fund stay in the fund at the end of the fiscal year and do not revert to the general fund or any other fund.

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1570, � 1,

effective August 7.

25-18.5-109.  Judicial review. The department's decisions are subject to

judicial review in accordance with section 24-4-106, C.R.S.

Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1570, � 1,

effective August 7.

25-18.5-110.  Reporting - rules. (1)  Upon discovering an illegal drug

laboratory involving methamphetamine on a residential real property, as defined in section 38-35.7-103 (5), a law enforcement agency and a consultant shall notify the department of the fact. The notice must include the property's address, the name of the property owner, and any other information required by rule adopted pursuant to subsection (2) of this section.

(2)  The board may adopt rules as necessary to specify any additional

information that must be included in the notice required by subsection (1) of this section.

Source: L. 2023: Entire section added, (SB 23-148), ch. 326, p. 1958, � 3,

effective August 7.

ARTICLE 18.7

Industrial Hemp Remediation Pilot Program

25-18.7-101 to 25-18.7-105. (Repealed)


Source: L. 2013: Entire article repealed, (SB 13-241), ch. 342, p. 1997, � 2,

effective May 28.

Editor's note: This article was added in 2012 and was not amended prior to its

repeal in 2013. For the text of this article prior to 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article was relocated to article 61 of title 35. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.

ARTICLE 18.9

Disposable Wipes

25-18.9-101.  Legislative declaration. (1)  The general assembly hereby finds

and declares that:

(a)  Over the past several years, consumer demand for premoistened,

disposable wipe products, including baby wipes, surface cleaning wipes, hand sanitizing wipes, and makeup removal wipes, has significantly increased;

(b)  These wipe products are composed, entirely or in part, of petrochemical-derived fibers that were never designed to be flushed down toilets;


(c)  Consumer confusion has resulted in millions of these nonflushable wipes

being improperly disposed of by being flushed down toilets;

(d)  Wipes that were not designed to be flushed do not break down like toilet

paper, so when improperly disposed of in toilets, the wipes often cause sewer blockage and overflow, clog pipes and mechanical equipment, release plastic materials and wastewater into waterways, and block private drain lines, which can result in flooded homes and businesses;

(e)  The National Association of Clean Water Agencies has determined that

United States municipalities and wastewater treatment providers incur costs in excess of one billion dollars annually on maintenance to remove clogs caused by wipes; and

(f)  Clear Do Not Flush labeling on the packages for wipes that are not

designed to be flushed is a critical step in helping consumers practice responsible flushing habits, which in turn leads to healthier homes and communities and the protection of the environment, waterways, and public infrastructure used for the collection, transport, and treatment of wastewater.

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 222, � 1,

effective August 7.

25-18.9-102.  Definitions. As used in this article 18.9:


(1)  Covered entity means:


(a)  The manufacturer of a covered product that is sold or offered for sale in

this state; and

(b)  A wholesaler, supplier, or retailer that is responsible for the labeling or

packaging of a covered product.

(2)  Covered product means a consumer product sold or offered for sale in

this state that is:

(a)  A premoistened, nonwoven disposable wipe marketed as a baby wipe or

diapering wipe; or

(b)  A premoistened, nonwoven disposable wipe that is:


(I)  Composed entirely of or in part of petrochemical-derived fibers; and


(II)  Likely to be used in a bathroom with significant potential to be flushed,

including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial cleansing wipes, makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes.

(3)  High contrast means:


(a)  Tonal contrast that is shown by either a light symbol on a solid dark

background or a dark symbol on a solid light background; and

(b)  Having at least seventy percent contrast between the symbol artwork

and background using the formula [(B1- B2) � B1] x 100, where:

(I)  B1 is the light reflectance value of the relatively lighter area; and


(II)  B2 is the light reflectance value of the relatively darker area.


(4)  Label means a representation made by statement, word, picture,

design, or emblem on a covered product package, whether affixed to or written directly on the package.

(5)  Label notice means:


(a)  The phrase Do Not Flush in a size equal to at least two percent of the

surface area of the principal display panel;

(b)  For covered products regulated pursuant to the Federal Hazardous

Substances Act, 15 U.S.C. sec. 1261 et seq., as amended, by the federal consumer product safety commission under 16 CFR 1500.121, that if at least two percent of the surface area of the principal display panel would result in a type size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, then, to the extent permitted by federal law, the phrase Do Not Flush in type size equal to or greater than the type size required for the first aid instructions; and

(c)  For covered products required to be registered by the federal

environmental protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended, that if at least two percent of the surface area of the principal display panel would result in a type size on the principal display panel larger than a warning pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, then, to the extent permitted by federal law, the phrase Do Not Flush in a type size equal to or greater than the type size required for the Keep Out of Reach of Children statement required under 40 CFR 156.66.

(6)  Principal display panel means the side of a product package that is

most likely to be displayed, presented, or shown under customary conditions of display for retail sale.

(7)  Symbol means the Do Not Flush symbol, or a symbol that is

equivalent, as depicted in the INDA/EDANA Code of Practice Second Edition and published within Guidelines for Assessing the Flushability of Disposable Nonwoven Products, Edition 4, May 2018, which is in a size equal to at least two percent of the surface area of the principal display panel, except as specified in section 25-18.9-104 (1)(a)(II)(C).

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 223, � 1,

effective August 7.

25-18.9-103.  Determination of surface area of a principal display panel. (1)

For a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes forty percent of the product package as measured by multiplying the height of the container by the circumference.

(2)  For a flexible film package in which a rectangular prism or nearly

rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 224, � 1,

effective August 7.

25-18.9-104.  Labeling requirements - exceptions. (1)  Except as provided in

subsections (2), (3), (4), and (6) of this section, a covered product manufactured on or after December 31, 2023, shall be labeled clearly in adherence to the following requirements:

(a)  For cylindrical or near cylindrical packaging intended to dispense

individual wipes, a covered entity shall:

(I)  Place the symbol and label notice on the principal display panel in a

location reasonably viewable each time a wipe is dispensed; or

(II)  Place the symbol on the principal display panel and either the symbol or

label notice, or the symbol and label notice in combination, on the flip lid, subject to the following:

(A)  If the label notice does not appear on the flip lid, the label notice shall be

placed on the principal display panel;

(B)  The symbol or label notice, or the symbol and label notice in combination,

on the flip lid may be embossed, and in that case are not required to comply with subsection (1)(f) of this section; and

(C)  The symbol or label notice, or the symbol and label notice in combination,

on the flip lid must cover a minimum of eight percent of the surface area of the flip lid.

(b) (I)  For flexible film packaging intended to dispense individual wipes, a

covered entity shall:

(A)  Place the symbol on both the principal display panel and the dispensing

side panel; and

(B)  Place the label notice on either the principal display panel or dispensing

side panel in a prominent location reasonably visible to the user each time a wipe is dispensed.

(II)  If the principal display panel is on the dispensing side of the package, two

symbols are not required.

(c)  For refillable tubs or other rigid packaging intended to dispense

individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed.

(d)  For packaging not intended to dispense individual wipes, a covered entity

shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location.

(e)  A covered entity shall ensure that the packaging seams, folds, or other

package design elements do not obscure the symbol or the label notice.

(f)  A covered entity shall ensure that the symbol and label notice have

sufficiently high contrast with the immediate background of the packaging to render the symbol and label notice likely to be seen and read by an ordinary individual under customary conditions of purchase and use.

(2)  For covered products sold in bulk at retail, both the outer package visible

at retail and the individual packages contained within must comply with the labeling requirements in this section applicable to the particular packaging types, except for:

(a)  Individual packages contained within the outer package that are not

intended to dispense individual wipes and contain no retail labeling; and

(b)  Outer packages that do not obscure the symbol and label notice on

individual packages contained within.

(3)  If a covered product is provided within the same packaging as another

consumer product for use in combination with the other consumer product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subsection (1) of this section.

(4)  If a covered product is provided within the same package as another

consumer product for use in combination with the other product and is in a package smaller than three inches by three inches, the covered entity responsible for the labeling or packaging of the covered product may comply with the requirements of subsection (1) of this section by placing the symbol and label notice in a prominent location reasonably visible to the user of the covered product.

(5)  A covered entity, directly or through a corporation, partnership,

subsidiary, division, trade name, or association in connection with the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale, or distribution of a covered product, shall not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product.

(6) (a)  If a covered product is required to be registered by the federal

environmental protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended, and, to the extent not preempted by 7 U.S.C. sec. 136v (b), by the Colorado department of agriculture under the Pesticide Act, article 9 of title 35, then the covered entity, to the extent permitted under federal law, shall submit a label compliant with the labeling requirements of this section no later than December 31, 2023, to the federal environmental protection agency and, upon its approval, to the department of agriculture, which shall review the label of the covered product in the manner authorized under the Pesticide Act, article 9 of title 35, and administrative rules adopted under the Pesticide Act, article 9 of title 35.

(b)  If the federal environmental protection agency or the Colorado

department of agriculture does not approve a product label that otherwise complies with the labeling requirements of this section, the covered entity shall use a label that complies with as many of the requirements of this section as the relevant agency has approved.

(7)  A covered entity may include on a covered product words or phrases in

addition to those required for the label notice if the words or phrases are consistent with the purposes of this section.

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 225, � 1,

effective August 7.

25-18.9-105.  Enforcement. A person that, in the course of the person's

business, vocation, or occupation, violates section 25-18.9-104 commits a deceptive trade practice under the Colorado Consumer Protection Act, article 1 of title 6.

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 227, � 1,

effective August 7.

ENVIRONMENT - SMALL COMMUNITIES

ARTICLE 19

Small Community Environmental Flexibility Act

Law reviews: For article, Using Local Police Powers to Protect the

Environment, see 24 Colo. Law. 1063 (1995).

C.R.S. § 25-7-109.5

25-7-109.5. Toxic air contaminants - annual toxic emissions reporting program - monitoring program - health-based standards - emission control regulations - air toxics permitting program assessment - rules - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  Adverse health effects means the detrimental health effects from

exposure to emissions of a toxic air contaminant, including the cumulative effects to health from exposure to the combined air emissions of the toxic air contaminant from multiple sources, whether the emissions are emitted routinely, intermittently, or accidentally.

(b)  Community-led monitoring programs means air monitoring and data

collection, concerning concentrations of toxic air contaminants in the ambient air, conducted by local governments, nongovernmental organizations, or community groups that is at least as stringent as the second edition of the federal environmental protection agency's Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air.

(c)  Department means the department of public health and environment.


(d)  Disproportionately impacted community has the meaning set forth in

section 24-4-109 (2)(b)(II).

(e)  Health-based standards means the chronic exposure limits for each

priority toxic air contaminant required to protect the public from adverse health effects of that priority toxic air contaminant, allowing for an ample margin of safety, represented as benchmark numerical concentrations in the ambient air.

(f)  Priority toxic air contaminant means, as determined by the commission

by rule under subsection (6)(a)(I) of this section, a toxic air contaminant that may pose a risk of harm to public health.

(g) (I)  Scientific community means individuals who are professionally or

academically engaged in scientific research about adverse health effects from exposure to toxic substances and have expertise in fields that include pathology, oncology, epidemiology, or toxicology.

(II)  Scientific community includes individuals with experience in the fields

of atmospheric physics, meteorology, or ambient monitoring or experience assessing the impacts of emissions of toxic air contaminants on concentrations in the ambient air.

(h)  Synthetic minor source  has the meaning set forth in section 25-7-114

(6).

(i)  Toxic air contaminant means:


(I)  A hazardous air pollutant;


(II)  A covered air toxic, as defined in section 25-7-141 (2)(b); or


(III)  Any other air pollutant that the commission designates as a toxic air

contaminant pursuant to subsection (3) of this section.

(2)  Rules. (a)  The commission shall promulgate rules that are necessary for

the proper implementation and administration of this section.

(b)  Notwithstanding any limitation in this article 7 to the contrary, the

commission may adopt rules under this section that are more stringent than the corresponding requirements of the federal act and the regulations adopted pursuant to the federal act.

(3)  Review of the list of toxic air contaminants - rules. (a)  The division shall

publish an initial list of the toxic air contaminants designated pursuant to subsections (1)(i)(I) and (1)(i)(II) of this section by October 1, 2022.

(b)  Beginning no later than September 30, 2030, and every five years

thereafter, or more frequently if the commission deems it appropriate to do so, the commission shall, pursuant to subsection (1)(i)(III) of this section, review the list of toxic air contaminants and determine whether to designate any additional air pollutants as toxic air contaminants.

(c)  The commission may determine that an expedited review is appropriate

based on a request of any person if, as part of the request, the person demonstrates to the commission's satisfaction that new or updated scientific data related to the adverse effects of an air pollutant warrants expedited consideration for designation as a toxic air contaminant. If the commission undertakes an expedited consideration of an air pollutant for designation as a toxic air contaminant, the commission's next review of additional air pollutants must take place no later than five years after the expedited consideration.

(d)  In determining whether any air pollutant should be designated by the

commission as a toxic air contaminant, the commission shall consider:

(I)  Input from the public and the scientific community;


(II)  Existing data concerning emissions of air pollutants, including data

reported to:

(A)  The division concerning the emissions of toxic air pollutants; and


(B)  The federal toxics release inventory pursuant to 42 U.S.C. sec. 11023 or

prepared by the federal environmental protection agency's air toxics screening assessment (airtoxscreen) program;

(III)  Information submitted to the commission about the toxicity of air

pollutants that is publicly available and peer-reviewed related to:

(A)  Potency;


(B)  Mode of action;


(C)  Exposure patterns;


(D)  Adverse health effects; and


(E)  Levels of exposure that may cause or contribute to adverse health

effects, including adverse health effects arising from disproportionately high exposure of particularly vulnerable groups, including disproportionately impacted communities, infants, children, fetuses, the elderly, and people with disabilities; and

(IV)  Identifications of air pollutants as toxic air contaminants in other states.


(4)  Annual toxic emissions reporting program - study - rules. (a)  On or

before June 30 of each year, beginning on June 30, 2024, all owners and operators of sources required to have an operating permit pursuant to section 25-7-114.3 and synthetic minor sources must submit an annual toxic emissions report to the division that reports the amount of each toxic air contaminant emitted by each source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division shall make annual toxic emissions reports submitted to the division pursuant to this subsection (4)(a) available to the public.

(b)  If there is a change of ownership or control of the stationary source prior

to June 30 of the year that an annual toxic emissions report must be submitted, the owner or operator as of June 30 of that year is responsible for submitting the annual toxic emissions report required under subsection (4)(a) of this section.

(c) (I)  The division shall conduct a study and prepare a report that includes:


(A)  An analysis of the existing requirements for reporting toxic air

contaminants to the division and the federal environmental protection agency;

(B)  An assessment of the availability and quality of toxic air contaminant

data reported to the division and the federal environmental protection agency, with the reporting data broken down by individual toxic air contaminant, geographic area, industry sector, and whether categories of stationary sources reporting the data are sources required to have an operating permit pursuant to section 25-7-114.3, synthetic minor sources, or minor sources; and

(C)  An identification of the informational gaps in the reporting of toxic air

contaminants to the division and the federal environmental protection agency.

(II)  The division shall provide public notice and hold at least two public

meetings at which members of the public have an opportunity to comment on the report. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities and workers at stationary sources. In finalizing the report, the division shall include in the report a summary of any comments received from the public, disproportionately impacted communities, workers at stationary sources, and the scientific community and identify any significant changes made to the report based on those comments. No later than October 1, 2024, the division shall submit the finalized report to the commission.

(III)  No later than April 30, 2025, the commission shall, based on the

informational gaps identified in the report, consider the adoption of rules that ensure annual reports on toxic air contaminants are submitted to the division and may require additional types of information to be included in annual toxic emissions reports submitted to the division for operations and emissions occurring in calendar year 2025 and each calendar year thereafter.

(d)  The commission may establish by rule a de minimis level of emissions of a

toxic air contaminant beneath which an owner or operator is not required to report on the emissions of the toxic air contaminant through an annual toxic emissions report submitted pursuant to subsection (4)(a) of this section.

(5)  Toxic air contaminant monitoring program - reporting - rules. (a)

Beginning no later than January 1, 2024, in addition to the fenceline monitoring program established under section 25-7-141 (5) and the community-based monitoring program established under section 25-7-141 (6), the division shall develop and begin to conduct a monitoring program to determine the concentrations of toxic air contaminants in the ambient air of the state.

(b)  The program shall include the installation and operation of at least six

monitoring sites covering both urban and rural areas of the state. The division shall ensure that at least three monitoring sites are installed and operating by January 1, 2024, and that at least three additional monitoring sites are installed and operating by July 1, 2025. Each monitoring site must have the ability to detect trends in concentrations of various toxic air contaminants in the ambient air over time at the site.

(c)  At a minimum, a monitoring site must measure the concentrations of:


(I)  The toxic air contaminants identified in section 2.3 of the federal

environmental protection agency's National Air Toxics Trends Station Work Plan Template (Revised April 2019). For the measurement of a toxic air contaminant specified in this subsection (5)(c)(I), the measurement must meet the required minimum detection limit specified for the measured air pollutant in section 3.1 of the federal environmental protection agency's National Air Toxics Trends Station Work Plan Template (Revised April 2019) or the most recent version.

(II)  The toxic air contaminants identified in table 1.2-1 of the federal

environmental protection agency's Technical Assistance Document for the National Air Toxics Trends Stations Program (Revision 3) from October 2016 or the most recent version. For the measurement of a toxic air contaminant specified in this subsection (5)(c)(II) and all other toxic air contaminants measured under the monitoring program, the division must specify a method detection limit for each toxic air contaminant pursuant to appendix B of 40 CFR 136.

(d)  In determining the location of any new monitoring site, the division shall:


(I)  Provide public notice and hold at least two public meetings where

members of the public have an opportunity to comment on the division's proposed locations for the monitoring sites; and

(II)  Give priority to locations that are within a disproportionately impacted

community.

(e)  The division may change the location of any monitoring site after

following the procedure and requirements specified in subsection (5)(d) of this section.

(f)  No later than July 1, 2025, and by July 1 each year thereafter, the division

shall provide public notice and hold at least two public meetings at which members of the public have an opportunity to comment on the monitoring program. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities on the monitoring program.

(g) (I)  No later than October 1, 2025, and by October 1 each year thereafter,

the division shall prepare an annual report that summarizes the toxic air contaminant data collected by the monitoring sites in the previous calendar year. The division shall include in the report a summary of any comments received from the public, disproportionately impacted communities, and the scientific community during the two public meetings held pursuant to subsection (5)(f) of this section.

(II)  Once the report is finalized, the division shall:


(A)  Post the report on the division's website in both English and Spanish; and


(B)  Submit the finalized report to the health and human services committee

of the senate and the energy and environment committee of the house of representatives, or their successor committees. Notwithstanding section 24-1-136 (11)(a)(I), the requirement to report to the legislative committees continues indefinitely.

(h)  The division shall report on the need for any additional monitoring sites

for the monitoring program, and the costs associated with additional monitoring sites, to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, during the committees' hearings held prior to the 2027 regular session of the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.

(6)  Health-based standards - rules. (a)  The commission shall adopt rules

that:

(I)  No later than April 30, 2025, identify up to five priority toxic air

contaminants considering:

(A)  Existing data concerning toxic air contaminants gathered through

division monitoring programs;

(B)  Data reported to the division concerning emissions of toxic air pollutants;


(C)  Data reported to the federal toxics release inventory pursuant to 42

U.S.C. sec. 11023 and data prepared by the federal environmental protection agency's air toxics screening assessment (airtoxscreen) program;

(D)  Any other relevant data submitted to the commission during the rule-making process concerning the amount of emissions and concentrations of toxic air

contaminants in the ambient air of the state, including data collected through community-led monitoring programs; and

(E)  Input from the scientific community; and


(II)  No later than April 30, 2026, propose health-based standards for priority

toxic air contaminants for approval by the general assembly.

(b)  In determining the health-based standards, the commission shall:


(I)  Consider the best available peer-reviewed toxicity values regarding the

levels of exposure to priority toxic air contaminants that may cause or contribute to adverse health effects;

(II)  Consider standards adopted in other states to reduce or limit

concentrations of toxic air contaminants in the ambient air;

(III)  Consider the effects of exposure to priority toxic air contaminants on

vulnerable groups of the state, including disproportionately impacted communities, infants, children, fetuses, the elderly, and people with disabilities;

(IV)  Consider both cancer-related health risks and non-cancer-related health

risks.

(V)  Provide for a sufficient margin of safety that accounts for the various

effects that different populations may experience from exposure to priority toxic air contaminants;

(VI)  Consult with the scientific community through holding at least one

public hearing specifically for this consultation; and

(VII)  Identify the excess cancer and non-cancer risk levels for use in

determining the health-based standards.

(c)  Beginning no later than September 30, 2029, and at least once every five

years thereafter, the commission shall:

(I)  Determine whether to identify any additional priority toxic air

contaminants considering the data described in subsection (6)(a)(I) of this section;

(II)  Determine whether to include acute exposure limits for priority toxic air

contaminants in the definition of health-based standards;

(III)  Determine whether to revise the excess cancer and non-cancer risk

levels for use in determining the health-based standards;

(IV)  Review existing health-based standards to ensure that the standards

sufficiently protect public health; and

(V)  Determine whether to propose revisions to the general assembly to any

existing health-based standards in accordance with the considerations set forth in subsection (6)(b) of this section, and, if a determination is made to revise any existing health-based standard, the commission must, within twelve months after the determination, adopt rules to that effect.

(d)  No more than twelve months after the commission makes the

determination pursuant to subsection (6)(c)(I) of this section, the commission shall propose to the general assembly health-based standards for any additional priority toxic air contaminants in accordance with subsection (6)(b) of this section.

(7)  Emission control regulations - rules. (a)  No later than April 30, 2026, the

commission shall adopt emission control regulations to reduce emissions of each priority toxic air contaminant and prioritize reductions in disproportionately impacted communities with multiple sources of emissions of priority toxic air contaminants.

(b)  In determining the emission control regulations, the commission shall

consider:

(I)  Any emission control regulations adopted for priority toxic air

contaminants in other states or by the federal government;

(II)  The emission levels of a priority toxic air contaminant from different

industries and categories of sources, including sources required to have an operating permit pursuant to section 25-7-114.3, synthetic minor sources, and minor sources;

(III)  The degree of reduction of each priority toxic air contaminant that is

achievable and technically and economically feasible, taking into account energy, environmental, and economic impacts and other costs pursuant to the requirements described in section 25-7-110.8;

(IV)  The ability of emission control regulations to reduce or eliminate the

emissions of a priority toxic air contaminant, including non-emitting alternative processes and control technologies; and

(V)  The availability, suitability, and relative efficacy of a less hazardous

substitute for a priority toxic air contaminant.

(c)  For new emission sources of priority toxic air contaminants, the

commission shall adopt emission control regulations that are more stringent than those adopted for existing emission sources of priority toxic air contaminants. The commission may also adopt an emissions threshold below which new emission sources shall not be required to comply with the more stringent emission control regulations.

(d)  Beginning no later than September 30, 2030, and at least once every five

years thereafter, the commission shall:

(I)  Adopt emission control regulations for any additional priority toxic air

contaminants identified by the commission in accordance with subsection (6)(c)(I) of this section; and

(II)  Determine whether to revise the existing emission control regulations in

accordance with the considerations set forth in subsection (7)(b) of this section.

(e)  In reviewing and approving air pollution permits under section 25-7-114.3,

the division shall include any applicable emission control regulations in the permit.

(f)  The emission control regulations established under this subsection (7)

shall not apply to any electric generating resource located within the state with a closure date no later than January 1, 2031, that has been approved by either the public utilities commission created in section 40-2-101 (1) as part of an electric resource plan or the air pollution control division as part of a clean energy plan.

(8)  Air pollution regulation for sources of toxic air contaminants -

assessment. (a) No later than December 31, 2025, the division shall conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit levels of priority toxic air contaminants, referred to in this subsection (8) as the air toxics permitting program.

(b)  The assessment must:


(I)  Evaluate air toxics permitting programs for new, modified, and existing

stationary sources of priority toxic air contaminants in other states and on tribal lands;

(II)  Evaluate and make recommendations regarding the scope of the air

toxics permitting program, including the types of permits, stationary sources, industries, and geographic areas of the state that would be impacted by the program;

(III)  Identify processes and reasonable timelines for:


(A)  The notification to any stationary sources that could be subject to the air

toxics permitting program;

(B)  The assessment of public health risks associated with a stationary

source's emissions of priority toxic air contaminants; and

(C)  The assessment and implementation of strategies designed to reduce

emissions of priority toxic air contaminants from a stationary source through permitting; and

(IV)  Identify the direct and indirect costs associated with the implementation

of an air toxics permitting program for existing stationary sources and possible funding mechanisms.

(c)  The division shall provide public notice and hold at least two public

meetings at which members of the public have an opportunity to comment on the assessment. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities and workers at stationary sources on the assessment.

(d)  In finalizing the assessment, the division shall include in the assessment a

summary of any comments received from the public, workers at stationary sources, and disproportionately impacted communities and identify any significant changes made to the assessment based on such comments.

(e)  The division shall report on the assessment and provide

recommendations to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, during the committees' hearings held prior to the 2026 regular session of the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.

Source: L. 2022: Entire section added, (HB 22-1244), ch. 332, p. 2332, � 4,

effective June 2.

Cross references: For the legislative declaration in HB 22-1244, see section 1

of chapter 332, Session Laws of Colorado 2022.

C.R.S. § 25-7-141

25-7-141. Air toxics - duties of covered entities - public notice of air quality incidents - monitoring - corrective action - legislative declaration - definitions - rules. (1) Legislative declaration. The general assembly hereby:

(a)  Finds that:


(I)  Air toxics are pollutants that cause or may cause cancer or other serious

health effects, such as adverse reproductive effects or birth defects, or adverse environmental and ecological effects; and

(II)  Disproportionately impacted communities often include low-income

neighborhoods and residents who identify as Black, Indigenous, Latino, and people of color and are disproportionately affected by air toxics emissions;

(b)  Determines that:


(I)  Colorado communities have a right to know about exposures to air toxics

in real time;

(II)  Colorado communities are increasingly concerned about the potential

health impacts of air toxics resulting from routine facility operations, fugitive leaks, upset conditions, or emergency situations;

(III)  Real-time air monitoring, including fenceline and community-based

monitoring systems, can provide valuable air quality data to assess the potential impacts of air toxics emissions in nearby communities, to understand temporal variations in air toxics emissions, and to advise facilities of significant changes in air toxics emissions;

(IV)  Community-based monitoring is useful for estimating air toxics

exposures and health risks and in determining trends in air pollutant levels over time; and

(V)  Fenceline monitoring is useful for detecting or estimating leaks, the

quantity of fugitive emissions, and other air emissions from a certain facility; and

(c)  Declares that facilities that emit air toxics have a responsibility to collect

real-time air toxics data and to provide monitoring results as quickly as possible in a publicly accessible format to help communities understand their level of exposure.

(2)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Community-based monitoring means monitoring using equipment that

measures and records air pollutant concentrations in the ambient air, including concentrations of covered air toxics, at or near sensitive receptor locations near a covered facility.

(b)  Covered air toxic means:


(I)  Hydrogen cyanide, hydrogen sulfide, and benzene; and


(II)  Any other hazardous air pollutant that the commission lists, by rule,

pursuant to subsection (3) of this section.

(c)  Covered facility means a stationary source that is covered by one of the

following North American industry classification system codes established by the federal office of management and budget:

(I)  324110, petroleum refineries;


(II)  336413, other aircraft parts and auxiliary equipment manufacturing;


(III)  424710, petroleum bulk stations and terminals, if the source is within

an eight-hour ozone control area and has reported emissions of benzene in its federal toxics release inventory filing pursuant to 42 U.S.C. sec. 11023 for the years 2017 through 2019, as of July 1, 2020; or

(IV)  Any other code listed by rule pursuant to subsection (3) of this section.


(d)  Emergency notification service has the meaning established in section

29-11-101 (11).

(e)  Fenceline monitoring means monitoring using equipment that

encompasses the covered facility and continuously measures and records air pollutant concentrations at or adjacent to a covered facility's boundary.

(f)  Incident means the emission by a covered facility of an air pollutant at a

rate or quantity that exceeds allowable emissions as a result of anticipated or unanticipated circumstances, including a malfunction, start-up, shutdown, upset, or emergency.

(g)  Method 325A means the test method titled Volatile Organic

Compounds from Fugitive and Area Sources: Sampler Deployment and VOC Sample Collection adopted by the air emission measurement center of the federal environmental protection agency.

(h)  Method 325B means the test method titled Volatile Organic

Compounds from Fugitive and Area Sources: Sampler Preparation and Analysis promulgated by the air emission measurement center of the federal environmental protection agency.

(i)  Method TO-15A means the test method titled Determination of Volatile

Organic Compounds (VOCs) in Air Collected in Specially-Prepared Canisters and Analyzed by Gas Chromatography / Mass Spectrometry (GC/MS) published in the second edition of the federal environmental protection agency's Compendium of Methods from the Determination of Toxic Organic Compounds in Ambient Air.

(j)  Notification threshold means acute exposure levels with an averaging

time of one hour as established by the division pursuant to subsection (5)(a)(III) of this section.

(k)  Optical remote sensing technology means technology with the ability to

provide real-time measurements of air pollutant concentrations along an open path as described in EPA Handbook: Optical and Remote Sensing for Measurement and Monitoring of Emissions Flux of Gases and Particulate Matter by the federal environmental protection agency.

(l) (I)  Petroleum refinery means an establishment that is located on one or

more contiguous or adjacent properties that processes crude oil to produce more usable products such as gasoline, diesel fuel, aviation fuel, lubricating oils, asphalt, or petrochemical feedstocks. The term includes auxiliary facilities such as boilers, wastewater treatment plants, hydrogen production facilities, sulfur recovery plants, cooling towers, blowdown systems, compressor engines, and power plants.

(II)  Petroleum refinery processes include separation processes, including

atmospheric or vacuum distillation and light ends recovery; petroleum conversion processes, including cracking, reforming, alkylation, polymerization, isomerization, coking, and visbreaking; petroleum treating processes, including hydrodesulfurization, hydrotreating, chemical sweetening, acid gas removal, and deasphalting; and feedstock and product handling, including storage, crude-oil blending, non-crude-oil feedstock blending, product blending, loading, and unloading.

(m)  Real time means the actual or near actual time during which covered

air toxics or other air pollutant emissions occur.

(n)  Relevant area means the area within three miles of a covered facility

where communities may be exposed to covered air toxics.

(o)  Relevant languages means the two most prevalent languages spoken in

the relevant area, as identified in the latest American community survey published by the federal census bureau.

(3)  Review of covered air toxics and industry codes for covered facilities. In

order to better protect public health, the commission shall:

(a)  At least every five years beginning in 2027, or more frequently if it deems

it appropriate to do so, including pursuant to a request by an interested person based on data evidencing potential exposure to a pollutant at levels posing a significant risk to human health, review the best available science, the list of covered air toxics, and the North American industry classification system codes for covered facilities to determine whether additional hazardous air pollutants should be listed as covered air toxics and whether any additional stationary sources should be included as covered facilities;

(b)  Based on its review, adjust the lists of covered air toxics and covered

facilities by rule; and

(c)  If the commission adjusts the list of covered air toxics or covered

facilities, adjust by rule the annual amount that the division may annually spend to conduct the community-based monitoring required by subsection (6)(a) of this section.

(4)  Emergency notifications. Each covered facility shall:


(a)  Conduct outreach to representatives of the community in the relevant

area to discuss communications regarding the occurrence of an incident, including:

(I)  Methods by which the covered facility can disseminate information to the

community in the relevant area and methods by which community members can contact the covered facility regarding an incident; and

(II)  Provisions for communications in the relevant languages;


(b)  Use an emergency notification service through which the covered facility

will, as soon as possible, communicate in the relevant languages with, and make data available to, the community in the relevant area and the division regarding the occurrence of an incident or an exceedance of a notification threshold identified by a fenceline monitoring system;

(b.5)  For two years, maintain a record of all communications made through

an emergency notification service, including whether any other action was taken in response to the incident or exceedance of a notification threshold, which record must be available to the public;

(c)  Implement the emergency notification service within six months after July

2, 2020; and

(d)  Pay all costs associated with its use of the emergency notification

service.

(5)  Fenceline monitoring. (a) (I)  Beginning on January 1, 2023, a covered

facility that is a petroleum refinery shall conduct fenceline monitoring of covered air toxics in real time and shall disseminate all fenceline monitoring data to the public as described in subsection (5)(h) of this section.

(II)  Beginning on July 1, 2024, all covered facilities not subject to subsection

(5)(a)(I) of this section shall conduct fenceline monitoring of covered air toxics in real time and shall disseminate all fenceline monitoring data to the public as described in subsection (5)(h) of this section.

(III)  The division shall establish notification thresholds for each covered air

toxic. In establishing the notification thresholds, the division shall take a precautionary approach to assure protection of public health. The notification thresholds:

(A)  Shall be based on scientific research that is publicly available and peer-reviewed about the potential human health impacts of short-term exposures to

pollutants;

(B)  May be based on acute exposure levels or guidelines utilized by a federal

agency or another state; and

(C)  Shall be included in the fenceline monitoring plan of each covered

facility.

(b)  At least one year before a covered facility begins conducting fenceline

monitoring, the covered facility shall submit an initial draft fenceline monitoring plan to the division. Each fenceline monitoring plan must:

(I)  Provide for monitoring consistent with method 325A, method 325B, and

method TO-15A combined, or the most up-to-date emissions test or measurement methods for fenceline monitoring approved or promulgated by the federal environmental protection agency;

(II)  Provide for monitoring of covered air toxics using optical remote sensing

technology or other monitoring technology with the ability to provide real-time spatial and temporal data to understand the type and amount of emissions;

(III)  Be submitted to the division in the relevant languages; and


(IV)  Identify:


(A)  The equipment to be used to continuously monitor, record, and

disseminate emission data for each covered air toxic in real time, including equipment to continuously record wind speed and wind direction data;

(B)  Siting and equipment specifications;


(C)  Procedures for air monitoring equipment maintenance and failures,

maintenance plans and schedules, temporary back-up measures to implement during equipment failures, data management, quality assurance, and quality control; and

(D)  Methods for disseminating fenceline monitoring data to the public, local

governments, area schools, and the division in real time via the website specified in subsection (5)(h)(I) of this section.

(c)  Upon receipt of an initial draft fenceline monitoring plan or plan that is

resubmitted pursuant to subsection (5)(i) of this section, the division shall:

(I)  Promptly post the plan on the division's website;


(II)  Ensure that the plan is subject to at least ninety days of public comment;


(III)  Respond in writing to all comments received;


(IV)  Consult with local governments in the relevant area about the plan; and


(V)  Consult community members and hold at least two public hearings

regarding the plan before the division acts on the plan. The hearings must:

(A)  Be held at a location near the covered facility, prioritizing

disproportionately impacted communities;

(B)  Be held once during the evening and once during a weekend;


(C)  Be available for remote participation via the internet;


(D)  Include interpretation services in the relevant languages that are not the

same language in which the hearing is conducted; and

(E)  Provide child care services for the attendees.


(d) (I)  No later than four months after the submission of an initial draft

fenceline monitoring plan or plan that is resubmitted pursuant to subsection (5)(i) of this section, the covered facility may submit a revised plan to the division.

(II)  Upon receipt of a revised plan, the division shall promptly post the revised

plan on the division's website. If the initial plan failed to include the required elements under subsection (5)(b) of this section, the division shall again comply with subsection (5)(c) of this section with respect to the revised plan, in which case the deadline in subsection (5)(e) of this section is extended for ninety days.

(e)  If the division determines that the covered facility is emitting hazardous

air pollutants in quantities that may pose a risk to public health in the relevant area, the division may require as part of the plan the reporting of pollutants other than covered air toxics that the monitors are reasonably capable of measuring. The division shall approve or disapprove a fenceline monitoring plan no later than eight months after it is initially submitted to the division. If the division disapproves of a monitoring plan, it shall promptly modify the monitoring plan to ensure compliance with subsection (5)(b) of this section prior to approval.

(f)  Once the division approves a fenceline monitoring plan, the division shall

promptly post the plan on its website. Within three weeks after approval, the covered facility shall make the approved plan available to the division and the public in the relevant languages, and the division shall promptly post the translated plan on the division's website. The covered facility shall make hard copies of the approved and translated plans available at any public libraries in the relevant area.

(g)  If a covered facility is a major source, as that term is defined in section

25-7-114 (3), the division shall incorporate fenceline monitoring requirements into the covered facility's operating permit required by section 25-7-114.3.

(h)  Each covered facility shall collect real-time data from the fenceline

monitoring system, shall maintain records of the data, and shall disseminate the data to the division and the public. The dissemination must:

(I)  Be available in real time on a website maintained by the covered facility

and include a map of all fenceline monitoring equipment locations and the ability to access historical fenceline monitoring data;

(II)  Be in the relevant languages spoken in the relevant area;


(III)  Include descriptions in the relevant languages of covered air toxics and

their possible health effects as specified by the federal centers for disease control and prevention; and

(IV)  Include data about air concentrations of any hazardous air pollutant

other than covered air toxics that the division determined under subsection (5)(e) of this section must be included in the fenceline monitoring plan.

(i)  A covered facility shall update and resubmit for division approval its

fenceline monitoring plan every five years; except that the division may require an updated plan before the expiration of five years based on:

(I)  Its own determination that there has been a substantial change in the

covered facility's operations or emissions; or

(II)  A written request submitted by a member of the public that the division

determines justifies an updated plan.

(6)  Community-based monitoring. (a)  Beginning no later than January 1,

2023, the division shall conduct community-based monitoring of covered air toxics in the relevant areas. The community-based monitoring must occur for no less than thirty cumulative days during each quarter of every year. The division may expend up to eight hundred thousand dollars from the general fund to purchase and equip a mobile air-quality monitoring van for use in the northern metropolitan Denver area, Henderson, the city of Pueblo, and other communities, to conduct community-based monitoring pursuant to this subsection (6).

(b)  Subject to subsection (3)(c) of this section, the division shall not spend

more than one million dollars annually to conduct the community-based monitoring required by subsection (6)(a) of this section.

(c)  No later than July 1, 2022, and every three years thereafter, the division

shall:

(I)  Post a list of intended community-based monitoring equipment locations

on the division's website in the relevant languages;

(II)  Ensure that the list of intended monitoring equipment locations is subject

to at least ninety days of public comment; and

(III)  Consider input from local governments and school districts in the

relevant areas about the list of intended monitoring equipment locations.

(d)  The division shall make community-based monitoring data available to

the public.

(7)  Costs paid by covered facilities. (a)  Each covered facility is responsible

for the cost of installing, operating, and maintaining all fenceline monitoring equipment used pursuant to the monitoring plan as well as the cost of disseminating the data to the public.

(b)  A covered facility shall pay a processing fee pursuant to section 25-7-114.7 (2)(a)(III) to cover the division's indirect and direct costs of reviewing and

approving fenceline monitoring plans.

(c)  Covered facilities shall pay the division for the covered facility's annual

pro rata share of the direct and indirect costs of conducting community-based monitoring, which money shall be credited to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I). Payment will be received in advance of performing community-based monitoring unless the division expressly authorizes reimbursement.

Source: L. 2020: Entire section added, (HB 20-1265), ch. 218, p. 1079, � 1,

effective July 2. L. 2021: Entire section amended, (HB 21-1189), ch. 334, p. 2150, � 1, effective June 24.

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. § 26-2-714

26-2-714. County block grants formula - use of money - rules.

(1)  (Deleted by amendment, L. 2008, p. 1967, � 15, effective January 1, 2009.)


(1.5)  Moneys appropriated by the general assembly to the county block grant

line shall remain appropriated and available to counties pursuant to the procedures specified in this section.

(2)  Subject to available appropriations, in state fiscal year 2009-10 and in

each fiscal year thereafter, the state department, with input from the works allocation committee, shall set the amount of the county block grants based on demographic and economic factors within the counties, including the amount a county spends on basic cash assistance grants and the county's TANF reserve balance.

(2.5)  In the event that the state department and the works allocation

committee do not reach an agreement in setting the amounts of the county block grants pursuant to the provisions of subsection (2) of this section on or before June 15 of each state fiscal year, the works allocation committee shall submit alternatives to the joint budget committee of the general assembly from which the joint budget committee shall identify each individual county's block grant for the state fiscal year commencing on the immediately succeeding July 1.

(3)  Nothing in subsections (2) and (2.5) of this section shall prevent a county

from transferring at any time during the fiscal year, pursuant to procedures established by the state department and the works allocation committee, a portion of the county's current federal TANF allocation to another county in exchange for an amount of county moneys equal to the maintenance of effort associated with the allocation.

(4)  The state department shall identify the portion of moneys in the county

block grant that may be spent on administrative costs.

(5) (a) (I) (A)  A county shall be authorized to maintain a reserve account of

county block grant moneys pursuant to rules promulgated by the state department.

(B)  Pursuant to the provisions of subparagraph (V) of paragraph (c) of

subsection (6) of this section, upon the conclusion of state fiscal year 2010-11, and upon the conclusion of each state fiscal year thereafter, the works allocation committee may transfer to another county on or before November 1 of the succeeding fiscal year, any unspent county TANF reserves in excess of forty percent of the county's county block grant for the concluding state fiscal year. TANF reserves transferred to a county pursuant to this sub-subparagraph (B) shall be available to the county in the succeeding state fiscal year.

(C)  (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, � 1, effective

May 19, 2011.)

(D)  If the works allocation committee transfers excess unspent TANF

reserves pursuant to sub-subparagraph (B) of this subparagraph (I), the county from which the reserves are transferred shall receive appropriate maintenance of effort credit for those reserves. The county receiving the TANF reserves shall be responsible for providing an amount of county moneys equal to the maintenance of effort associated with the TANF reserves.

(E)  (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, � 1, effective

May 19, 2011.)

(II)  Notwithstanding any provision of subparagraph (I) of this paragraph (a) to

the contrary, in state fiscal year 2008-09, and in each state fiscal year thereafter, a county with an annual county block grant amount of two hundred thousand dollars or less shall make available to the works allocation committee for transfer to another county pursuant to the provisions of subparagraph (V) of paragraph (c) of subsection (6) of this section any unspent TANF reserves in excess of one hundred thousand dollars.

(III)  As used in this subsection (5), unspent TANF reserves means the

amount deposited in a county reserve account plus any unspent TANF transfers authorized pursuant to this subsection (5) and subsections (7) and (9) of this section.

(IV)  (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, � 1, effective

May 19, 2011.)

(b)  A county shall be required to maintain in such county's social services

fund created pursuant to section 26-1-123 any county funds that were appropriated pursuant to section 26-2-716 (1)(a) and section 26-1-122 (6) in order to meet the targeted spending level required pursuant to subsection (6) of this section but not actually expended on the works program during the state fiscal year for which the county appropriated such funds.

(5.5) (a)  The state department is authorized to segregate county block grant

funds allocated under this section.

(b)  If the state department segregates county block grant funds as

authorized under this subsection (5.5):

(I)  County departments shall report to the state expenditures they have

made in a segregated manner, according to rules promulgated by the state board in accordance with applicable federal law;

(II)  The counties shall develop policies regarding the use of segregated

funds under this subsection (5.5);

(III)  Funds shall be segregated in order to ensure maximum flexibility and to

allow counties to provide additional assistance or services, in accordance with federal law.

(c)  Repealed.


(d)  The state board shall promulgate rules as necessary to implement this

subsection (5.5).

(6) (a)  Targeted spending levels. For state fiscal year 1997-98 and each

state fiscal year thereafter, a county's targeted spending level shall be an amount that meets or exceeds one hundred percent of the county's spending on AFDC, JOBS, and the administrative costs related to those programs in state fiscal year 1995-96.

(b)  Repealed.


(c)  Actual spending levels - 1998-99 and thereafter. (I)  For state fiscal year

1998-99 and for each state fiscal year thereafter, all counties collectively shall be required to meet levels of spending on the works program that are set forth in the annual long appropriation act, subject to the provisions of subsection (8) of this section.

(II)  For state fiscal year 1998-99 and for each state fiscal year thereafter,

each county's actual level of spending shall be identified by the works allocation committee created in subparagraph (IV) of this paragraph (c) no later than June 15 of each state fiscal year for the immediately succeeding state fiscal year. Prior to determining each county's actual spending level, the works allocation committee shall ensure that all counties have been notified of the recommended actual spending level and given an opportunity to provide comment on the recommendation. In the event that the works allocation committee does not reach an agreement on each individual county's actual level of spending for a state fiscal year on or before June 15 of such prior state fiscal year, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's level of spending for a state fiscal year. The amount identified for a county's level of spending shall be identified in the county's performance contract with the state department entered into pursuant to section 26-2-715.

(III)  The works allocation committee shall also identify the amount of

mitigation that shall be allocated for a small county in accordance with the provisions of subsection (8) of this section. The works allocation committee may create a subcommittee that represents the interests of small counties as defined in subsection (8) of this section, which subcommittee may make recommendations concerning the mitigation amounts to be allocated for a small county pursuant to the provisions of subsection (8) of this section.

(IV)  There is hereby created the works allocation committee that shall

consist of eleven members, eight of whom shall be appointed by a statewide association of counties and three of whom shall be appointed by the state department. Of the members appointed by the statewide association of counties, at least two members shall be from small or medium-sized counties, and at least three shall be from large counties. The appointing authorities shall consult with each other to ensure that the works allocation committee is representative of the counties in the state. A representative from the county that has the greatest percentage of the state's works caseload will automatically be appointed, which appointment shall be credited against the eight appointments allocated to the statewide association of counties. The works allocation committee shall develop its own operational procedures.

(V)  The works allocation committee shall determine the priority criteria for

transfers of excess unspent TANF reserves to a county pursuant to sub-subparagraph (B) of subparagraph (I) of paragraph (a) of subsection (5) of this section and the amount of the transfers. With the goal of increasing the counties' minimum percentage reserve balances, the works allocation committee's priority criteria shall give first priority to transfers to counties that have no more than a ten percent balance in the county's TANF reserve account. If moneys remain after satisfying the first priority criterion, second priority shall be given to transfers to those counties whose TANF reserves are more than ten percent, but no more than twenty percent.

(7)  The county may transfer any amount of the county block grant that is

designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to the child care development fund if child care funds are not available.

(8) (a)  As used in this subsection (8), unless the context otherwise requires:


(I)  Annual maximum mitigation amount means that portion of the total

amount of county funds identified in the annual long appropriation act that may be used for mitigation for small counties in that state fiscal year.

(II)  Mitigation means a specific reduction in a county's targeted spending

level established pursuant to paragraph (a) of subsection (6) of this section or a specific reduction in a county's actual spending level established pursuant to paragraph (c) of subsection (6) of this section that is authorized pursuant to the provisions of this subsection (8). Mitigation can occur for targeted spending levels or actual spending levels or for both types of spending levels.

(III)  Small county means a county with less than thirty-eight one

hundredths of one percent of the total caseload of the works program statewide. The state department, with input from the works allocation committee, shall determine what shall constitute the total caseload of the works program and the time at which such caseload shall be established.

(b)  Subject to the identification of an annual maximum mitigation amount in

the annual long appropriation act and the criteria identified in paragraph (c) of this subsection (8), the works allocation committee created pursuant to subparagraph (IV) of paragraph (c) of subsection (6) of this section is authorized to identify the amount or amounts of any mitigation that shall be allocated to a small county in a specific state fiscal year. The works allocation committee shall notify the state department of any agreement concerning the allocation of any annual maximum mitigation amount in accordance with the provisions of this subsection (8).

(c)  The criteria that the works allocation committee shall use include but are

not limited to the following:

(I)  The assessment of the equity of a small county's total program

expenditures as they relate to the targeted or actual spending level for the small county;

(II)  The extent to which the small county will have insufficient revenues to

meet its targeted or actual spending level; and

(III)  The extent to which the provision of any mitigation may enhance the

efforts of a small county or group of small counties to regionalize pursuant to the provisions of section 26-2-718.

(9) (a)  For state fiscal year 1997-98, and for each state fiscal year thereafter,

a county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to programs funded by Title XX of the federal social security act.

(b)  A county may make the transfer authorized by paragraph (a) of this

subsection (9) only for expenditures that are allowable under programs funded by Title XX of the federal social security act, subject to the following provisions:

(I)  If the funds transferred are used for the provision of child welfare services

as defined in section 26-5-101 (3), the county may only make the transfer:

(A)  After the county has made allowable expenditures of all funds in the

county's capped or targeted allocation or allocations for child welfare services, other than for core services as referred to in section 26-5-101 (3)(f); and

(B)  For the expenditures for child welfare services other than out-of-home

placement services as described in section 26-5-101 (3)(i).

(II)  A county shall not be required to appropriate funds to provide a county

match pursuant to the provisions of section 26-1-122 for any funds transferred pursuant to the provisions of this subsection (9).

(III)  A county shall not be authorized to use funds transferred pursuant to the

provisions of this subsection (9) for the purpose of supplanting funds that:

(A)  The county would otherwise be required to appropriate pursuant to

section 26-1-122 in order to provide a county match for public assistance programs; or

(B)  The county would otherwise appropriate in order to continue the

provision of services under a program of public assistance administered with county only funds in the prior fiscal year.

(c)  The state board shall promulgate rules governing procedures for

transfers authorized pursuant to the provisions of this subsection (9).

(d)  A county may make a transfer authorized by subsection (9)(a) of this

section, within the limitations imposed by state and federal law on such transfers, in order to fund various programs for the improvement of child care. The transfers may be used for minor remodeling of licensed child care facilities or facilities legally exempt from licensing requirements pursuant to section 26.5-5-304, including but not limited to physical modifications for the purpose of licensure or accreditation, construction or improvement of fencing or other safety and security fixtures or other uses not prohibited under 42 U.S.C. sec. 1397d.

(10) (a)  If the state meets federal work participation rates and qualifies for a

percent reduction in the state's maintenance of effort as specified in federal law for any year, the actual spending level for the works program of all counties collectively shall be reduced by the same amount as the amount of the reduction in the federal maintenance of effort requirement.

(b)  For the purposes of this subsection (10), percent reduction means the

percent of reduction of historical expenditures as that term is defined in section 409 (7)(b) of the federal social security act, as amended.

(c)  For any year in which a percent reduction in the state's maintenance of

effort requirement occurs, the works allocation committee created pursuant to subparagraph (IV) of paragraph (c) of subsection (6) of this section shall determine each county's share of the reduction in actual spending levels. Prior to making such determination, the works allocation committee shall ensure that all counties have been notified of the recommended reduction for each county and given an opportunity to provide comment on the recommendation. In the event that the works allocation committee does not reach an agreement on each individual county's reduction in actual spending levels, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's reduction in actual spending levels. The state department is authorized to adjust each county's share of the reduction in actual spending levels. The state department is authorized to adjust each county's actual spending level for any percentage reduction earned in accordance with the determination of the works allocation committee concerning each county's share of the reduction.

(11)  The works allocation committee shall:


(a)  Review, at least quarterly, the balance of the Colorado long-term works

reserve, the balance of the total statewide county TANF reserve, and the amount of basic cash assistance grants provided to participants to monitor whether the balance of the Colorado long-term works reserve will fall below twenty-five percent of the state block grant amount and whether the balance of the total statewide county TANF reserve will fall below fifteen percent of the county block grant amount;

(b)  Submit a written report to the joint budget committee detailing the

current Colorado long-term works reserve level, the total statewide county TANF reserve level as a whole and by county, and any projections regarding deficits in the reserves; and

(c)  Establish a mitigation fund for counties whose TANF reserves fall below

fifteen percent of the county's block grant amount.

Source: L. 97: Entire part added, p. 1208, � 1, effective June 3. L. 98: (9)

added, p. 779, � 1, effective May 22; (2), (5), and (6) amended and (2.5) and (8) added, p. 1192, � 2, effective June 1. L. 2000: (2), (5)(a), (6)(c)(II), (7), (8)(a)(II), (8)(c), and (9)(a) amended and (10) added, p. 280, � 3, effective March 31; (9)(c) added, p. 36, � 1, effective May 14. L. 2002: (5.5) added, p. 141, � 1, effective March 27; (5)(a) amended, p. 281, � 1, effective July 1. L. 2004: (5)(a) amended, p. 369, � 1, effective July 1; (6)(b) repealed, p. 204, � 24, effective August 4. L. 2007: (5.5)(c) repealed, p. 123, � 1, effective August 3. L. 2008: (1), (2), (2.5), and (5)(a) amended, p. 1967, � 15, effective January 1, 2009. L. 2011: (1.5) and (6)(c)(V) added and (3) and (5)(a) amended, (SB 11-124), ch. 183, pp. 695, 697, �� 1, 2, effective May 19. L. 2013: (6)(c)(IV), (HB 13-1087), ch. 37, p. 106, � 2, effective March 15. L. 2022: (2) amended and (11) added, (HB 22-1259), ch. 348, p. 2487, � 9, effective June 3; (9)(d) amended, (HB 22-1295), ch. 123, p. 857, � 95, effective July 1.

Cross references: For the legislative declaration in HB 22-1259, see section 1

of chapter 348, Session Laws of Colorado 2022.

C.R.S. § 26-6-903

26-6-903. Definitions. As used in this part 9, unless the context otherwise requires:

(1)  Affiliate of a licensee means:


(a)  A person or entity that owns more than five percent of the ownership

interest in the business operated by the licensee or the applicant for a license; or

(b)  A person who is directly responsible for the care and welfare of children

served; or

(c)  An executive, officer, member of the governing board, or employee of a

licensee; or

(d)  A relative of a licensee, which relative provides care to children at the

licensee's facility or agency or is otherwise involved in the management or operations of the licensee's facility or agency.

(2)  Application means a declaration of intent to obtain or continue a license

or certificate for a residential or day treatment child care facility or child placement agency.

(3)  Certificate means a legal document granting permission to operate a

foster care home or a kinship foster care home.

(4)  Certification means the process by which a county department of

human or social services, a child placement agency, or a federally recognized tribe pursuant to applicable federal law approves the operation of a foster care home or a kinship foster care home.

(5)  Child care center means a facility, by whatever name known, that is

maintained for twenty-four-hour care for five or more children, unless otherwise specified in this subsection (5), who are not related to the owner, operator, or manager of the facility, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as residential child care facilities, day treatment facilities, specialized group facilities, secure residential treatment centers, and respite child care facilities.

(6)  Child placement agency or agency means a corporation, partnership,

association, firm, agency, institution, or person unrelated to the child being placed, who places, facilitates placement for a fee, or arranges for placement for care of a child under eighteen years of age with a family, person, or institution. A child placement agency may place, facilitate placement, or arrange for the placement of a child for the purpose of adoption, foster care, treatment foster care, or therapeutic foster care. The natural parents or guardian of a child who place the child for care with a facility licensed as a family child care home or child care center, as defined in section 26.5-5-303, are not a child placement agency.

(7)  Cradle care home means a facility that is certified by a child placement

agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve months of age or younger, in a place of residence for the purpose of providing twenty-four-hour family care for six months or less in anticipation of a voluntary relinquishment of the child or children, pursuant to article 5 of title 19, or while a county prepares an expedited permanency plan for an infant in its custody.

(8) (a) (I)  Day treatment center means a facility that:


(A)  Except as provided in subsection (8)(a)(II) of this section, provides less

than twenty-four-hour care for groups of five or more children who are three years of age or older, but less than twenty-one years of age; and

(B)  Provides a structured program of various types of psycho-social and

behavioral treatment to prevent or reduce the need for placement of the child out of the home or community.

(II)  Nothing in this subsection (8) prohibits a day treatment center from

allowing a person who reaches twenty-one years of age after the commencement of an academic year from attending an educational program at the day treatment center through the end of the semester in which the twenty-first birthday occurs or until the person completes the educational program, whichever comes first.

(b)  Day treatment center does not include special education programs

operated by a public or private school system or programs that are licensed by the department of early childhood for less than twenty-four-hour care of children, such as a child care center.

(9)  Department or state department means the state department of

human services.

(10)  Foster care home means a home that is certified by a county

department or a child placement agency pursuant to section 26-6-910, or a federally recognized tribe pursuant to applicable federal law, for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family foster care for a child or youth less than twenty-one years of age. A foster care home may include foster care for a child or youth who is unrelated to the head of the home. The term includes a foster care home that receives a child for regular twenty-four-hour care and a home that receives a child or youth from a state-operated institution for child care or from a child placement agency. Foster care home also includes those homes licensed by the department pursuant to section 26-6-905 that receive neither money from the counties nor children or youth placed by the counties.

(11)  Governing body means the individual, partnership, corporation, or

association in which the ultimate authority and legal responsibility is vested for the administration and operation of a residential or day treatment child care facility or a child placement agency.

(12)  Guardian means a person who is entrusted by law with the care of a

child under eighteen years of age.

(13)  Homeless youth shelter means a facility that, in addition to other

services it may provide, provides services and mass temporary shelter for a period of three days or more to youths who are at least eleven years of age or older and who otherwise are homeless youth as that term is defined in section 26-5.7-102 (2).

(14)  ICON means the computerized database of court records known as the

integrated Colorado online network used by the state judicial department.

(15)  Kin means a relative of the child, a person ascribed by the family as

having a family-like relationship with the child, or a person that has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child.

(16)  Kinship foster care home means a kinship foster care home that has

been certified pursuant to section 26-6-910 to care for a relative or kin only. A kinship foster care home provides twenty-four-hour foster care for a child or youth who is a relative or kin, who is less than twenty-one years of age, and who is eligible for the same foster care reimbursement, assistance, and other supports as foster care homes pursuant to section 26-6-904.5. Kinship foster care home does not include non-certified kinship care as that term is defined in subsection (21.5) of this section.

(17)  License means a legal document issued pursuant to this part 9

granting permission to operate a residential or day treatment child care facility or child placement agency. A license may be in the form of a provisional, probationary, permanent, or time-limited license.

(18)  Licensee means the entity or individual to which a license is issued and

that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.

(19)  Licensing means, except as otherwise provided in subsection (10) of

this section, the process by which the department approves a facility or agency for the purpose of conducting business as a residential or day treatment child care facility or child placement agency.

(20)  Medical foster care means a program of foster care that provides

home-based care for medically fragile children and youth who would otherwise be confined to a hospital or institutional setting and includes, but is not limited to:

(a)  Infants impacted by prenatal drug and alcohol abuse;


(b)  Children with developmental disabilities that require ongoing medical

intervention;

(c)  Children and youth diagnosed with acquired immune deficiency syndrome

or human immunodeficiency virus;

(d)  Children with a failure to thrive or other nutritional disorders; and


(e)  Children dependent on technology such as respirators, tracheotomy

tubes, or ventilators to survive.

(21) (a)  Negative licensing action means a final agency action resulting in

the denial of an application, the imposition of fines, or the suspension or revocation of a license issued pursuant to this part 9 or the demotion of such a license to a probationary license.

(b)  As used in this subsection (21), final agency action means the

determination made by the department, after the opportunity for a hearing, to deny, suspend, revoke, or demote to probationary status a license issued pursuant to this part 9 or an agreement between the department and the licensee concerning the demotion of such a license to a probationary license.

(21.5)  Non-certified kinship care means kinship care that is provided to a

child or youth who is less than twenty-one years of age by a relative or kin who has a significant relationship with the child or youth and who has either chosen not to pursue the certification process or who has not met the certification requirements for a kinship foster care home as set forth in this part 9.

(22)  Out-of-home placement provider consortium means a group of service

providers that are formally organized and managed to achieve the goals of the county, group of counties, or mental health agency contracting for additional services other than treatment-related or child maintenance services.

(23)  Person means a corporation, partnership, association, firm, agency,

institution, or individual.

(24)  Place of residence means the place or abode where a person actually

lives and provides child care.

(25)  Qualified individual means a trained professional or licensed clinician,

as defined in the federal Family First Prevention Services Act. A qualified individual must be approved to serve as a qualified individual according to the state plan. A qualified individual must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth or making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.

(26)  Qualified residential treatment program means a licensed and

accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal Family First Prevention Services Act, 42 U.S.C. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section 19-1-115 (4)(e)(I).

(27)  Related means any of the following relationships by blood, marriage,

or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin.

(28)  Relative means any of the following relationships by blood, marriage,

or adoption: Parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.

(29)  Residential child care facility means a facility licensed by the state

department pursuant to this part 9 to provide twenty-four-hour group care and treatment for five or more children operated under private, public, or nonprofit sponsorship. Residential child care facility includes community-based residential child care facilities; qualified residential treatment programs, as defined in section 26-5.4-102 (2); shelter facilities; and psychiatric residential treatment facilities as defined in section 25.5-4-103 (19.5). A residential child care facility may be eligible for designation by the executive director of the state department pursuant to article 65 of title 27. A child who is admitted to a residential child care facility must be:

(a)  Five years of age or older but less than eighteen years of age; or


(b)  Less than twenty-one years of age and placed by court order or voluntary

placement; or

(c)  Accompanied by a parent if less than five years of age.


(30)  Residential or day treatment child care facility or facility means a

residential child care facility, including a qualified residential treatment program, psychiatric residential treatment program, shelter care program, and homeless youth program; specialized group facility, including a group home and group center; day treatment center; secure residential treatment center; respite child care center; or homeless youth shelter, including a host family home.

(31)  Respite child care center means a facility for the purpose of providing

temporary twenty-four-hour group care for three or more children or youth who are placed in certified foster care homes or approved noncertified kinship care homes, and children or youth with open cases through a regional accountable entity. A respite child care center is not a treatment facility, but rather its primary purpose is providing recreational activities, peer engagement, and skill development to the children and youth in its care. A respite child care center serves children and youth from five years of age to twenty-one years of age. A respite child care center may offer care for only part of a day. For purposes of this subsection (31), respite child care means an alternate form of care to enable caregivers to be temporarily relieved of caregiving responsibilities.

(32)  Secure residential treatment center means a facility operated under

private ownership that is licensed by the department pursuant to this part 9 to provide twenty-four-hour group care and treatment in a secure setting for five or more children or persons up to the age of twenty-one years over whom the juvenile court retains jurisdiction pursuant to section 19-2.5-103 (6) who are committed by a court, pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act or having been convicted as an adult and sentenced for an act that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility. Secure residential treatment center does not include a state-owned psychiatric residential treatment facility as defined in subsection (34.5) of this section.

(33)  Sibling means one or more individuals having one or both parents in

common.

(34) (a)  Specialized group facility means a facility sponsored and

supervised by a county department or a licensed child placement agency for the purpose of providing twenty-four-hour care for three or more children, but fewer than twelve children, whose special needs can best be met through the medium of a small group. A child who is admitted to a specialized group facility must be:

(I)  At least seven years of age or older but less than eighteen years of age;


(II)  Less than twenty-one years of age and placed by court order or voluntary

placement; or

(III)  Accompanied by a parent or legal guardian if less than seven years of

age.

(b)  Specialized group facility includes specialized group homes and

specialized group centers.

(34.5)  State-owned psychiatric residential treatment facility means a

psychiatric residential treatment facility, as defined in section 25.5-4-103, that is operated on state-owned property and may have a secure perimeter fence.

(35)  Therapeutic foster care means a program of foster care that

incorporates treatment for the special physical, psychological, or emotional needs of a child placed with specially trained foster parents, but does not include medical foster care.

(36)  Treatment foster care means a clinically effective alternative to a

residential treatment facility that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment.

Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 784, � 17,

effective July 1. L. 2024: (4), (10), and (16) amended and (21.5) added, (SB 24-008), ch. 289, p. 1933, � 7, effective September 1. L. 2025: (32) amended and (34.5) added, (HB 25-1172), ch. 155, p. 628, � 4, effective August 6.

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. § 29-20-112

29-20-112. Local government review of certain fencing projects in the Sangre de Cristo land grant lands - requirement to opt in - exemptions - definitions - legislative declaration. (1) (a) The general assembly finds and determines that:

(I)  The Sangre de Cristo land grant lands are a place of rich history and

tradition and contain an abundance of wildlife and vegetation that are of great significance to the entire state;

(II)  The Sangre de Cristo land grant lands are at risk of landowners

undertaking environmentally damaging fencing projects without oversight or intervention by a local government;

(III)  These fencing projects deny wildlife access to water, food, and shelter

that the wildlife depends on to survive and also disturb established migration patterns;

(IV)  These fencing projects also adversely impact the vegetation that helps

to prevent soil erosion, maintain water quality, and provide a habitat for wildlife; and

(V)  Therefore, review of certain fencing projects in the Sangre de Cristo land

grant lands by local governments:

(A)  Is necessary to avoid negative impacts to wildlife and vegetation before

the fencing project commences; and

(B)  Allows local governments the flexibility to approve the fencing project if

the local government determines that the benefits of the fencing project outweigh the harms.

(b)  The general assembly therefore declares that the review of certain

fencing projects in the Sangre de Cristo land grant lands by local governments is a matter of statewide concern and has a significant environmental benefit to the state.

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


(a)  Contiguous means that each portion of fence is no more than three feet

from a directly adjacent portion of fence.

(b) (I)  Covered fencing project means a project to install or substantially

repair a contiguous fence that is partially or entirely in the Sangre de Cristo land grant lands and that upon completion will:

(A)  Enclose a space and will be no lower than five feet in height at any point

along the fence and will be one mile in length or longer; or

(B)  Not enclose a space and will be no lower than five feet in height at any

point along the fence and will be one-half mile in length or longer.

(II)  Covered fencing project includes the addition of height or length to a

contiguous fence that causes the contiguous fence to meet the height and length specifications described in subsection (2)(b)(I) of this section.

(c)  Disturbance means a disturbance of more than one acre of topsoil.


(d)  Fence includes gates.


(e)  Prison means a:


(I)  Correctional facility, as defined in section 17-1-102 (1.7);


(II)  Local jail, as defined in section 17-1-102 (7); or


(III)  Private contract prison, as defined in section 17-1-102 (7.3).


(f)  Public school has the meaning set forth in section 22-1-144 (1)(d).


(g)  Public utility has the meaning set forth in section 40-1-103 (1)(a)(I).


(h)  Sangre de Cristo land grant lands means the portion of lands in

Colorado that is covered by the Sangre de Cristo land grant, which was granted to settlers by Mexico in 1844 and confirmed by the United States in 1848 through the treaty of Guadalupe Hidalgo.

(i)  Substantially repair means a level of repair that requires at least one-half mile of fence to be taken down and reinstalled.


(3) (a)  On or after July 1, 2025, before commencing a covered fencing project,

a person shall submit an application for the covered fencing project to the local government with jurisdiction over the covered fencing project. If two or more adjacent local governments have jurisdiction over the covered fencing project, the person shall submit the application for the covered fencing project to the local government with the jurisdiction that will contain the most fence when the covered fencing project is complete. The application must contain, at a minimum, the following information:

(I)  Fence height;


(II)  Fence length;


(III)  Fence type;


(IV)  Fence material;


(V)  Adjustments made to allow for wildlife passage;


(VI)  Whether a disturbance has occurred or will occur as a result of the

fencing project;

(VII)  Migration and hunting patterns in the area of the fencing project;


(VIII)  The purpose of the fencing project; and


(IX)  Any other information relevant to the local government's decision

pursuant to subsection (3)(c) of this section.

(b)  No later than fourteen days after the local government's receipt of an

application described in subsection (3)(a) of this section, the local government shall publish notice of the application on the local government's website.

(c)  No later than sixty days after the local government's receipt of an

application described in subsection (3)(a) of this section, the local government shall either approve or reject the application based on whether:

(I)  There is a rational purpose for the covered fencing project;


(II)  The covered fencing project would have an adverse impact on hunters'

rights;

(III)  The covered fencing project would have an adverse impact on

surrounding floodplains;

(IV)  The applicant intends to complete necessary revegetation as a result of

the covered fencing project; and

(V)  The covered fencing project would significantly degrade the aesthetic

value of the surrounding landscape.

(d)  Except as set forth in subsection (3)(e) of this section, a local government

shall not approve an application submitted pursuant to subsection (3)(a) of this section unless the applicant demonstrates that the covered fencing project will:

(I)  Provide passage for large mammalian wildlife through an opening that is

at least twenty feet wide and have a height of not more than forty-two inches from the ground to the top rail or wire for at least every one-fourth mile of fence;

(II)  Provide passage for small mammalian wildlife through an opening that is

at least five feet wide and have a height of at least sixteen inches from the ground to the bottom rail or wire for at least every one-tenth mile of fence; and

(III)  Not cause a disturbance, unless the applicant has obtained any

necessary permit from the department of public health and environment.

(e)  Notwithstanding this subsection (3), the local government may approve

an application pursuant to subsection (3)(c) of this section if the local government determines that the benefits of the covered fencing project outweigh the harms.

(f)  Notwithstanding this subsection (3), a local government shall not require

a person commencing a covered fencing project to submit an application pursuant to subsection (3)(a) of this section or pay a fee associated with submitting an application if the local government finds that the covered fencing project presents no significant environmental impacts.

(4) (a)  A local government ordinance, resolution, regulation, or other law that

is more strict than one or more of the standards described in subsection (3) of this section supersedes the conflicting standard or standards described in subsection (3) of this section for any applications submitted within the local government's jurisdiction.

(b)  A local government is only subject to the requirements of this section if

the governing body of the local government adopts an ordinance, resolution, regulation, or other law declaring that the local government opts into the requirements of this section.

(5)  This section does not apply to a covered fencing project that is necessary

for:

(a)  A project by a public utility or the department of transportation or that is

an energy sector public works project;

(b)  The safety or security of a public school or a prison; or


(c)  Fences provided by the division of parks and wildlife pursuant to part 1 of

article 3 of title 33.

Source: L. 2025: Entire section added, (HB 25-1023), ch. 258, p. 1322, � 1,

effective May 27.

Editor's note: Section 2 of chapter 258 (HB 25-1023), Session Laws of

Colorado 2025, provides that the act adding this section applies to covered fencing projects commencing on or after July 1, 2025.

PART 2

REGULATORY IMPAIRMENT OF PROPERTY RIGHTS

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. § 30-20-109

30-20-109. Commission to promulgate rules - definitions. (1) The solid and hazardous waste commission shall promulgate rules for the engineering design and operation of solid wastes disposal sites and facilities, which may include:

(a)  The establishment of engineering design criteria applicable, but not

limited, to protection of surface and subsurface waters, suitable soil characteristics, distance from solid wastes generation centers, access routes, distance from water wells, disposal facility on-site traffic control patterns, insect and rodent control, methods of solid wastes compaction in the disposal fill, confinement of windblown debris, recycling operations, fire prevention, and final closure of the compacted fill;

(b)  The establishment of criteria for solid wastes disposal sites and facilities

which will place into operation the engineering design for such disposal sites and facilities;

(c)  (Deleted by amendment, L. 91, p. 958, � 3, effective July 1, 1991.)


(d)  The establishment of a reviewing fee to be charged by the department

for the review of any written recommendation and findings of a private contractor who has acted in lieu of the department to review an application for a solid wastes disposal site and facility under the provisions of section 30-20-103.7 for compliance with the state's requirements. Such fee shall not exceed actual and reasonable costs and shall not exceed five thousand dollars.

(e)  The establishment of a fee for the technical review described in section

30-20-119 (2), which fee shall not exceed ten thousand dollars, or the actual cost of such technical review.

(1.5) (a)  As used in this subsection (1.5):


(I)  EP waste means exploration and production waste, as that term is

defined in section 34-60-103, C.R.S.

(II)  EP waste disposal facility means a commercial solid wastes disposal

site and facility that accepts the deposit of EP waste.

(b)  The solid and hazardous waste commission shall promulgate rules that

are specifically applicable to the deposit of EP waste at an EP waste disposal facility. The rules shall include the following:

(I)  Mandatory set-backs of EP waste disposal facilities of one-half mile from

all residences, educational facilities, day care centers, hospitals, nursing homes, jails, hotels, motels, other occupied structures, or outside activity areas such as parks and playing fields as designated in the rules;

(II)  Mandatory fabricated liners and monitoring requirements as necessary to

prevent the migration of EP waste to groundwater;

(III)  Waste analysis and reporting requirements to ensure that only EP waste

is disposed of at an EP waste disposal facility;

(IV)  Fencing and netting requirements to prevent the public and wildlife from

accessing EP waste disposal facilities;

(V)  Contingency plans to respond to emergencies, including adequate

freeboard, overflow ponds, or both; and

(VI)  Financial assurance requirements that are adequate to cover closure

and reclamation costs.

(c)  Except as provided in paragraph (e) of this subsection (1.5), an EP waste

disposal facility that accepted EP waste on or before June 4, 2008, and that had not begun closure by June 4, 2008, shall:

(I)  File an application pursuant to section 30-20-103 within three months

after the rules promulgated pursuant to this subsection (1.5) become effective with the governing body having jurisdiction to amend the facility's certificate of designation to incorporate the requirements specified in the rules; and

(II)  Comply with the rules promulgated pursuant to this subsection (1.5)

within twenty-four months after they become effective, unless the EP waste disposal facility demonstrates to the department no later than eighteen months after the rules become effective why it cannot timely comply with the rules and the department agrees to a compliance schedule. In such case, the department may extend the compliance deadline to no more than thirty-six months after the rules become effective; except that nothing in this subsection (1.5) shall be deemed to:

(A)  Require an EP waste disposal facility that lawfully accepted EP waste on

or before June 4, 2008, to comply with the set-back requirements of this subsection (1.5); or

(B)  Place an EP waste disposal facility into noncompliance because of an

alleged violation of a set-back requirement of this subsection (1.5) due solely to the fact that a residential or other occupied structure or a designated outside activity area is established within the set-back distance on or after issuance of the certificate of designation pursuant to this subsection (1.5).

(d)  The department shall:


(I)  Coordinate with the energy and carbon management commission created

in section 34-60-104.3 (1), governing bodies having jurisdiction, and the federal bureau of land management to identify potential EP waste disposal sites that are located reasonably close to oil and gas operation areas on either federal or nonfederal land and that meet the set-back requirements of this subsection (1.5); and

(II)  To the extent practicable, encourage governing bodies having jurisdiction

and the federal bureau of land management to approve the siting of EP waste disposal sites at locations identified pursuant to this paragraph (d) when so requested by a commercial operator.

(e) (I)  Upon the recommendation of the department, the solid and hazardous

waste commission may waive, for individual impoundments, the requirement imposed pursuant to paragraph (c) of this subsection (1.5) that an EP waste disposal facility that accepted EP waste on or before June 4, 2008, but had not begun closure by that date, must install fabricated liners. The department may recommend a waiver only if all of the following conditions are met:

(A)  There have been no unpermitted discharges to groundwater or surface

water from the operation of the facility;

(B)  Each impoundment for which a waiver is requested is located more than

one thousand feet from any public or private water well or surface water;

(C)  The owner or operator complies with mandatory monitoring and reporting

requirements as determined by the department, including, but not limited to, individual impoundment leak detection monitoring; and

(D)  The owner or operator is not subject to any outstanding compliance

orders or enforcement actions with regard to the design, operation, or closure of the facility.

(II)  If, at any time, the department determines that one or more of the

conditions specified in subparagraph (I) of this paragraph (e) are no longer met, the department may bring the relevant information to the solid and hazardous waste commission with a recommendation to rescind the waiver of the requirement to install fabricated liners. If the solid and hazardous waste commission determines that one or more of the conditions are no longer being met, the solid and hazardous waste commission may rescind the waiver and instruct the department to establish a compliance schedule for the owner or operator to install fabricated liners.

(2)  The solid and hazardous waste commission may promulgate rules

concerning:

(a)  The establishment of an initial examination of each application for a solid

wastes disposal site and facility to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application, and the department shall mail written notification to an applicant and to the governing body having jurisdiction within such time period stating the decision of the department to begin its review of such application or to reject the application based on incompleteness.

(b)  The establishment of a fee for the review of solid wastes disposal site

and facility submittals and the preoperation inspection for such site and facility, for the attendance of department staff at public meetings and associated activities, and for the assessment of remediation activities concerning closed or old disposal sites or spill and incident clean-ups. The total fee charged for the review of an application or amendments to an application shall not exceed the actual documented costs incurred by the department in the performance of these activities and shall be subject to the maximum levels established in accordance with the provisions of subsection (2.5) of this section. Such review shall be completed within one hundred fifty days from date of issuance of the department's decision to begin its review. Moneys from the collection of such fees shall be credited to the solid waste management fund pursuant to the provisions of section 30-20-118. Such moneys shall be used solely to support the application review process and to support the staff of the department involved with such process.

(c)  (Deleted by amendment, L. 98, p. 882, � 9, effective July 1, 1998.)


(d)  The establishment of criteria for composting sites and facilities for which

a certificate of designation is not required under section 30-20-102 (8).

(2.5)  The solid and hazardous waste commission shall promulgate rules

pertaining to the assessment of annual fees and document review and activity fees to offset program costs from solid waste disposal sites and facilities in accordance with the following requirements:

(a)  Annual fees shall be established for solid waste disposal sites and

facilities that are not required to pay solid waste user fees imposed pursuant to section 25-16-104.5, C.R.S. The fee imposed by this paragraph (a) shall not exceed five thousand dollars per year per facility; except that a monofill facility that contains coal combustion products shall be exempt from the fee imposed by this paragraph (a). The annual fee shall be uniform among owners of the same type of, and similarly sized, facility and shall consider the department's level of effort in regulating the facilities.

(b)  The hourly charge for the document review and activity fees shall be

established at a rate comparable to industry rates for performing similar tasks with maximum levels on document review and activity fees that reflect timely and cost-effective reviews.

(c)  The department shall provide a receipt for the fees paid pursuant to this

subsection (2.5), shall transmit such payments to the state treasurer, and accept the state treasurer's receipt in return for the payments transmitted. The state treasurer shall credit one hundred percent of the fees transmitted pursuant to this paragraph (c) to the solid waste management fund created in section 30-20-118 (1) to be used by the department in carrying out its duties and responsibilities concerning solid waste management.

(2.7)  If the department determines that a site or facility is or has been

subject to payment of the annual fee requirements pursuant to subsection (2.5) of this section and has not paid any portion of the amount of fees due and owing, in addition to any other remedies the department may have in such circumstances as provided by law, the department may assess the site or facility an additional fee to offset program costs caused by the site or facility, which additional fee shall be equivalent to double the amount of the estimated annual fee, without interest, that the site or facility would have paid the department if the fee had been paid as required by law.

(3)  Any applicant aggrieved by a recommendation of the department

concerning an application for a solid wastes disposal site and facility shall be entitled to a hearing and review pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S.

(4) (a)  Any and all rules promulgated by the department of public health and

environment prior to the transfer of its rule-making authority under this section to the state board of health shall remain in full force and effect after the date of such transfer.

(b)  All acts, orders, and rules adopted by the state board of health under the

authority of this part 1 prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said part, be deemed and held to be legal and valid in all respects, as though issued by the solid and hazardous waste commission under the authority of this part 1. No provision of this part 1 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.

Source: L. 67: p. 761, � 9. C.R.S. 1963: � 36-23-9. L. 71: p. 343, � 10. L. 85:

(1)(c) added, p. 1065, � 1, effective July 1. L. 91: Entire section amended, p. 968, � 10, effective June 5; (1)(c) amended and (1)(d) and (2) added, pp. 958, 954, �� 3, 2, 4, effective July 1. L. 93: (1)(d) amended, p. 475, � 1, effective April 21. L. 94: IP(1), IP(2), and (2)(c)(I) amended and (4) added, p. 33, � 4, effective March 9; (2)(c)(I) and (4) amended, pp. 2616, 2620, 2800, �� 26, 33, 559, effective July 1. L. 95: IP(2) and (2)(c) amended, p. 156, � 1, effective July 1. L. 96: (2)(c)(I) amended, p. 33, � 1, effective March 18. L. 98: (1)(d), IP(2), (2)(b), and (2)(c) amended and (2)(d) added, p. 882, � 9, effective July 1. L. 2006: IP(1), IP(2), and (4) amended, p. 1136, � 19, effective July 1. L. 2007: (1)(d) and (2)(b) amended and (2.5) and (2.7) added, p. 1144, � 10, effective July 1. L. 2008: (1.5) added, p. 2168, � 2, effective June 4. L. 2009: IP(1.5)(c) amended and (1.5)(e) added, (HB 09-1056), ch. 301, p. 1607, � 3, effective May 21. L. 2023: (1.5)(d)(I) amended; (SB 23-285), ch. 235, p. 1255, � 32, effective July 1.

Editor's note: Amendments to this section by Senate Bill 91-160, Senate Bill

91-168, and Senate Bill 91-174 were harmonized. Amendments to subsection (2)(c)(I) by House Bill 94-1077 and House Bill 94-1029 were harmonized.

Cross references: (1)  In 2007, subsections (1)(d) and (2)(b) were amended by

the Recycling Resources Economic Opportunity Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007.

(2)  For the legislative declaration contained in the 2008 act enacting

subsection (1.5), see section 1 of chapter 421, Session Laws of Colorado 2008.

C.R.S. § 30-20-110

30-20-110. Minimum standards. (1) The rules promulgated by the solid and hazardous waste commission and implemented by the department shall contain the following minimum standards:

(a)  Such sites and facilities shall be located, operated, and maintained in a

manner so as to control obnoxious odors and prevent rodent and insect breeding and infestation, and they shall be kept adequately covered during their use.

(b)  Such sites and facilities shall comply with the health laws, standards,

rules, and regulations of the department, the water quality control commission, and all applicable zoning laws and ordinances.

(c)  No radioactive materials or materials contaminated by radioactive

substances shall be disposed of in sites or facilities not specifically designated for that purpose.

(d)  A site and facility operated as a sanitary landfill shall provide means of

finally disposing of solid wastes on land in a manner to minimize nuisance conditions such as odors, windblown debris, insects, rodents, and smoke; and shall provide compacted fill material; shall provide adequate cover with suitable material and surface drainage designed to prevent ponding and water and wind erosion and prevent water and air pollution; and, upon being filled, shall be left in a condition of orderliness and good esthetic appearance and capable of blending with the surrounding area. In the operation of such a site and facility, the solid wastes shall be distributed in the smallest area consistent with handling traffic to be unloaded; shall be placed in the most dense volume practicable using moisture and compaction or other method approved by the department; shall be fire, insect, and rodent resistant through the application of an adequate layer of inert material at regular intervals; and shall have a minimum of windblown debris which shall be collected regularly and placed into the fill.

(e)  Sites and facilities shall be adequately fenced so as to prevent waste

material and debris from escaping therefrom, and material and debris shall not be allowed to accumulate along the fence line.

(f)  Solid wastes deposited at any site and facility shall not be burned, other

than by incineration in accordance with a certificate of designation issued pursuant to section 30-20-105; except that, in extreme emergencies resulting in the generation of large quantities of combustible materials, authorization for burning under controlled conditions may be given by the department.

(g)  All facilities shall have a waste characterization plan approved by the

department that is consistent with the certificate of designation for the facility. The plan shall outline screening methodologies and waste handling procedures and shall include a hazardous waste exclusion plan.

(h)  Material that is beneficially used shall be incorporated into the soil in the

shortest time frame that is practicable, allowing for weather conditions. Materials that may be beneficially used under this section may not be stockpiled for long periods or used in such a manner that the material constitutes a public nuisance.

(i)  Minimum standards for facilities that do not need a certificate of

designation under section 30-20-102 (5) shall include an annual report of quantities of materials managed at the site.

(j)  Such minimum standards shall require the reporting, documentation, or

remediation of spills at illegal disposal sites, abandoned disposal sites, or contaminated sites.

(2)  Any provision of section 25-7-108, C.R.S., to the contrary notwithstanding,

the board of county commissioners in any county with less than twenty-five thousand population, according to the latest federal census, and any municipality within a county which county has a population under ten thousand and subject to approval of the board of county commissioners, is authorized to develop regulations, by resolution or ordinance, permitting the noncommercial burning of trash in the unincorporated area and, if appropriate, the incorporated areas of said county; except that no permit shall be issued which shall allow the county, or municipality if appropriate, to exceed primary and secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto, or which would contribute to any other county or municipality exceeding primary or secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto.

(3)  As used in subsection (2) of this section, noncommercial burning of

trash includes the burning of wood waste in wigwam wood waste burners.

Source: L. 67: p. 761, � 10. C.R.S. 1963: � 36-23-10. L. 71: p. 344, � 11. L. 79: (3)

added, p. 1059, � 8, effective June 20; (1)(f) amended and (2) added, p. 1148, � 2, effective June 29. L. 81: IP(1) amended, p. 1359, � 4, effective June 19. L. 89: (2) amended, p. 1284, � 1, effective April 12. L. 98: IP(1) amended and (1)(g) to (1)(j) added, p. 884, � 10, effective July 1. L. 2006: IP(1) amended, p. 1136, � 20, effective July 1.

Cross references: For the Colorado Air Pollution Prevention and Control

Act, see article 7 of title 25; for water quality control, see article 8 of title 25.

C.R.S. § 31-15-501

31-15-501. Powers to regulate businesses. (1) The governing bodies of municipalities have the following powers to regulate businesses:

(a)  To prohibit within the limits of the municipality any offensive or

unwholesome business or establishment and also to prohibit the carrying on of any business or establishment in an offensive and unwholesome manner within the limits of the municipality;

(b)  To compel the owner of any grocery, cellar, soap or tallow candlery,

tannery, stable, pigsty, privy, sewer, or other unwholesome or nauseous house or place to cleanse, abate, or remove the same, and to regulate the location thereof;

(c)  To license, regulate, and tax, subject to any law of this state, any lawful

occupation, business place, amusement, or place of amusements and to fix the amount, terms, and manner of issuing and revoking licenses issued therefor; except that, for purposes of the application of any occupational privilege tax, oil and gas wells and their associated production facilities have not been, are not, and shall not be considered an occupation or business place subject to such tax;

(d)  To direct the location and regulate the management and construction of

slaughterhouses, packing houses, renderies, tallow candleries, bone factories, soap factories, tanneries, and dairies within the limits of the municipality;

(e)  To direct the location and regulate the use and construction of breweries,

distilleries, livery stables, blacksmith shops, and foundries within the limits of the municipality;

(f) (I)  To license, regulate, and control the laying of railroad tracks, to provide

for and change the location, grade, and crossing of any railroad, and to control, regulate, and prohibit the use of steam engines and locomotives propelled by steam power within the corporate limits;

(II)  To require railroad companies to fence their respective railroads or any

portion of the same and to construct cattle guards at crossings of streets and public roads and keep the same in repair within the limits of the municipality;

(III)  To require railroad companies to keep flagmen at railroad crossings of

streets and to provide protection against injury to persons and property in the use of such railroads;

(IV)  To compel such railroads to raise or lower their railroad tracks to

conform to any grade which may at any time be established by such municipality and, when such tracks run lengthwise of any street, alley, or highway, to keep their tracks on a level with the street surface so that such tracks may be crossed at any place on such street, alley, or highway;

(V)  To compel and require railroad companies to make, keep open, and keep

in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that filthy or stagnant pools of water cannot stand on their grounds or rights-of-way and so that the natural drainage of adjacent property shall not be impeded;

(g)  To license, tax, regulate, suppress, and prohibit hucksters, peddlers,

pawnbrokers, and keepers of ordinaries, theatrical and other exhibitions, shows, and amusements and to revoke such license at pleasure;

(h)  To license, tax, and regulate hackmen, omnibus drivers, carters, cabmen,

porters, expressmen, and all others pursuing like occupations and to prescribe the compensation;

(i)  To license, regulate, tax, and restrain runners for stages, cars, public

houses, or other things or persons;

(j)  To license, regulate, tax, or prohibit and suppress billiard, bagatelle,

pigeonhole, or any other tables or implements kept or used for a similar purpose in any place of public resort and pin alleys and ball alleys;

(k)  To regulate the sale of meats, poultry, fish, butter, cheese, lard,

vegetables, and all other provisions and to provide for the place and manner of selling the same. It is unlawful for any municipality to impose by ordinance or otherwise any license, assessment, or other charge upon any person bringing food products to such municipality for sale, either in bulk or by retail, from house to house if said food products were grown or raised by the person so having them for sale and are products of the state of Colorado.

(l)  To regulate the sale of bread in the municipality and to prescribe the

weight and quality of the bread in the loaf;

(m)  To provide for and regulate the inspection of meats, poultry, fish, butter,

cheese, lard, vegetables, flour, meal, and other provisions;

(n)  To provide for the inspection and sealing of weights and measures;


(o)  To enforce the keeping and use of proper weights and measures by

vendors;

(p)  To tax, license, and regulate auctioneers, lumberyards, livery stables,

public scales, money changers, and brokers; except that the exercise of their powers shall not interfere with sales made by sheriffs, tax collectors, coroners, marshals, executors, guardians, any assignees of insolvent debtors, bankrupts, or debtors under the federal bankruptcy code of 1978 (title 11 of the United States Code), or any other persons required by law to sell real or personal property at auction;

(q)  To tax, license, and regulate secondhand and junk stores, to forbid their

purchasing or receiving from minors without the written consent of their parents or guardians any article, and to compel a record of purchases to be kept, subject at all times to the inspection by the police;

(r)  To charge a fee for a local license and establish licensing requirements on

businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp, as defined in section 35-61-101 (7), or hemp products, as defined in section 25-5-427 (2)(d). A municipality shall not impose additional food production regulations on hemp processors or hemp products if the regulations conflict with state law.

(2)  Repealed.


Source: L. 75: Entire title R&RE, p. 1110, � 1, effective July 1. L. 80: (1)(p)

amended, p. 785, � 12, effective June 5. L. 96: (1)(c) amended, p. 346, � 2, effective April 17. L. 99: (1)(a) and (1)(d) amended, p. 63, � 1, effective July 1. L. 2006, 1st Ex. Sess.: (2) added, p. 29, � 3, effective January 1, 2007. L. 2019: (1)(r) added, (SB 19-240), ch. 351, p. 3245, � 3, effective May 29. L. 2021: (2) repealed, (SB 21-077), ch. 186, p. 998, � 6, effective September 7; (2) repealed, (SB 21-199), ch. 351, p. 2283, � 6, effective July 1, 2022. L. 2023: (1)(r) amended, (SB 23-271), ch. 444, p. 2618, � 13, effective June 7.

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.

PART 6

BUILDING AND FIRE REGULATIONS

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. § 32-1-1004.5

32-1-1004.5. Metropolitan districts' covenant enforcement and design review services - requirements - prohibitions as against public policy - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Board means the board of a metropolitan district.


(b)  Covenant enforcement and design review services means the covenant

enforcement and design review services that a metropolitan district may provide in relation to residential property pursuant to section 32-1-1004 (8).

(c)  Energy efficiency measure means a device or structure that reduces

the amount of energy derived from fossil fuels that is consumed by a unit. Energy efficiency measure includes only the following types of devices or structures:

(I)  An awning, shutter, trellis, ramada, or other shade structure that is

marketed for the purpose of reducing energy consumption;

(II)  A garage or attic fan and any associated vents or louvers;


(III)  An evaporative cooler;


(IV) (A)  Except as provided in subsection (1)(c)(IV)(B) of this section, an

energy-efficient outdoor lighting device, including without limitation a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device.

(B)  Subsection (1)(c)(IV)(A) of this section does not apply to covenant

enforcement and design review services provided under an instrument that implements dark sky requirements for residential property that is a designated dark sky place, as defined in section 24-49.7-110 (2)(d).

(V)  A retractable clothesline; and


(VI)  A heat pump system, as defined in section 39-26-732 (2)(c).


(d) (I)  Impartial decision-maker means a person or a group of persons:


(A)  With the authority to make a decision regarding the enforcement of an

instrument that a metropolitan district enforces pursuant to this section or section 32-1-1004 (8), including the enforcement of any architectural requirements; and

(B)  That does not have any direct personal or financial interest in the

outcome of the matter being decided.

(II)  As used in this subsection (1)(d), personal or financial interest means

that the impartial decision-maker, as a result of the outcome of the matter being decided, would receive a greater benefit or detriment than that of other unit owners subject to the same instrument.

(e)  Instrument means the declaration, rules and regulations, or any other

instrument that a metropolitan district enforces pursuant to this section and section 32-1-1004 (8).

(f)  Local government means a statutory or home rule county, municipality,

or city and county.

(g)  Unit means a physical portion of a residential property that is

designated for separate ownership or occupancy and is subject to an instrument.

(h)  Unit owner means a person who owns a unit.


(2) (a)  On or before January 1, 2025, except as provided in subsection (2)(d) of

this section, a metropolitan district shall adopt a written policy governing the imposition of fines. In furnishing covenant enforcement and design review services, a board shall not impose a fine on a unit owner for an alleged violation of an instrument unless the fine is imposed in accordance with the written policy. The written policy:

(I)  Must include a fair and impartial fact-finding process concerning whether

an alleged violation actually occurred and, if so, whether a unit owner is responsible for the violation; and

(II)  Must require providing notice to the unit owner regarding the nature of

the alleged violation, the action or actions required to cure the alleged violation, and the timeline for the fair and impartial fact-finding process required under subsection (2)(a)(I) of this section.

(b)  The fair and impartial fact-finding process may be informal but, at a

minimum, must provide a unit owner notice and an opportunity to be heard before an impartial decision-maker.

(c)  The written policy must specify the schedule of fines that may be

imposed for alleged violations that are continuous or repetitive in nature, including a description of what constitutes a continuous violation and what constitutes a repetitive violation.

(d) (I)  A metropolitan district that does not provide covenant enforcement

and does not form a unit owners' association pursuant to section 38-33.3-301:

(A)  Cannot pursue other remedies against property owners to enforce design

review requirements adopted by the metropolitan district; and

(B)  Is not required to adopt written policies pursuant to subsections (2)(a)

and (5)(a) of this section.

(II)  If a metropolitan district elects to provide covenant enforcement at any

time, the requirements of this section apply to the metropolitan district.

(3) (a)  In furnishing covenant enforcement and design review services for

units, a board may fix, and from time to time increase or decrease, fees, rates, tolls, fines, penalties, or charges for covenant enforcement and design review services furnished pursuant to this section and section 32-1-1004 (8).

(b) (I)  Until paid, any fee, rate, toll, fine, penalty, or charge described in

subsection (3)(a) of this section constitutes a perpetual lien on and against the unit for which covenant enforcement and design review services were provided.

(II)  The board of a metropolitan district furnishing covenant enforcement and

design review services pursuant to this section and section 32-1-1004 (8) shall not foreclose on any lien described in this subsection (3)(b) that arises from amounts that a unit owner owes the metropolitan district as a result of a covenant violation or enforcement of a failure to comply with any instrument.

(III)  In addition to any other means provided by law, a board, by resolution

and at a public meeting held after notice has been provided to an affected unit owner, may elect to have certain delinquent fees, rates, tolls, fines, penalties, charges, or assessments made or levied for covenant enforcement and design review services certified to the treasurer of the county in which the metropolitan district is located, and for the delinquent fees, rates, tolls, fines, penalties, charges, or assessments to be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be collected and paid over pursuant to section 39-10-107.

(4) (a)  For any unit owner's failure to comply with an instrument, a

metropolitan district, without needing to commence a legal proceeding, may seek reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of the failure to comply.

(b)  Except as provided in subsection (4)(c) of this section, in a civil action to

enforce or defend an instrument, the court shall award reasonable attorney fees, costs, and, if relevant, costs of collection to the prevailing party.

(c)  In connection with a civil action claim in which a unit owner is alleged to

have violated an instrument but prevails on the matter because the court finds that the unit owner did not commit the alleged violation:

(I)  The court shall award the unit owner reasonable attorney fees and costs

incurred in defending the claim;

(II)  The court shall not award costs or attorney fees to the metropolitan

district; and

(III)  The metropolitan district shall not allocate to the unit owner's account

with the metropolitan district any of the metropolitan district's costs or attorney fees incurred in asserting or defending the claim from revenue that the metropolitan district collects other than ad valorem property taxes imposed on all taxpayers in the metropolitan district.

(d)  Notwithstanding any law to the contrary, an action shall not be

commenced or maintained to enforce the terms of any building restriction contained in an instrument or to compel the removal of any building or improvement because of a violation of the terms of any such building restriction unless the action is commenced within one year after the date that the metropolitan district commencing the action first knew or, in the exercise of reasonable diligence, should have known of the violation forming the basis of the action.

(5) (a) (I)  On or before January 1, 2025, except as provided in subsection (2)(d)

of this section, a metropolitan district furnishing covenant enforcement and design review services under this section and section 32-1-1004 (8) shall adopt a written policy setting forth the metropolitan district's procedure for addressing disputes arising between the metropolitan district and one or more unit owners related to the enforcement of an instrument.

(II) (A)  Except as provided in subsection (5)(a)(II)(B) of this section, a

metropolitan district shall make a copy of the written policy adopted pursuant to subsection (5)(a)(I) of this section available to unit owners on the metropolitan district's website that the metropolitan district is required to maintain pursuant to section 32-1-104.5 (3).

(B)  If the metropolitan district is not required to maintain a website pursuant

to section 32-1-104.5 (3), the metropolitan district shall make the written policy available to unit owners upon request.

(b) (I)  Any controversy between a metropolitan district and a unit owner that

arises out of the enforcement of an instrument may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding. Either party to the mediation may terminate the mediation process without prejudice.

(II)  If a mediation agreement is reached pursuant to subsection (5)(b)(I) of

this section, the mediation agreement may be presented to a court as a stipulation. The stipulation must not include a requirement that the unit owner pay additional interest or unreasonable attorney fees. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief. If the parties execute a stipulation that the court deems unfair or that does not comply with the requirements of this subsection (5)(b), the stipulation is invalid and the court may award the unit owner reasonable attorney fees and costs.

(6)  Notwithstanding any provision in an instrument to the contrary, a

metropolitan district shall not prohibit any of the following in relation to any unit subject to the instrument:

(a)  The display of a flag on a unit, in a window of the unit, or on a balcony

adjoining the unit. The metropolitan district shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit flags bearing commercial messages. The metropolitan district may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles but shall not prohibit the installation of a flag or flagpole.

(b)  The display of a sign by the owner or occupant of a unit on property

within the boundaries of the unit or in a window of the unit. The metropolitan district shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit signs bearing commercial messages. The metropolitan district may establish reasonable, content-neutral rules to regulate signs based on the number, placement, or size of the signs or on other objective factors.

(c)  The parking of a motor vehicle by the occupant of a unit on the driveway

of the unit if the vehicle is required to be available at designated periods at the occupant's residence as a condition of the occupant's employment and all of the following criteria are met:

(I)  The vehicle has a gross vehicle weight rating of ten thousand pounds or

less;

(II)  The occupant is a bona fide member of a volunteer fire department or is

employed by a primary provider of emergency firefighting, law enforcement, ambulance, or emergency medical services;

(III)  The vehicle bears an official emblem or other visible designation of the

emergency service provider; and

(IV)  Parking of the vehicle can be accomplished without obstructing

emergency access to or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces;

(d)  The removal by a unit owner of trees, shrubs, or other vegetation to

create defensible space on a unit for fire mitigation purposes, so long as the removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by an entity of a local government to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located and is no more extensive than necessary to comply with the plan. The plan shall be registered with the metropolitan district at least thirty days before the commencement of work. The metropolitan district may require changes to the plan if the metropolitan district obtains the consent of the individual, official, or agency that originally created the plan. The work must comply with applicable standards of the metropolitan district regarding slash removal, stump height, revegetation, and contractor regulations.

(e)  Reasonable modifications to a unit as necessary to afford an individual

with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);

(f)  The use of xeriscape, nonvegetative turf grass, or drought-tolerant

vegetative or nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible in accordance with section 38-33.3-106.5 (1)(i) and (1)(i.5);

(g)  The use of a rain barrel, as defined in section 37-96.5-102 (1), to collect

precipitation from a residential rooftop in accordance with section 37-96.5-103. A metropolitan district may impose reasonable aesthetic requirements that govern the placement or external appearance of a rain barrel. This subsection (6)(g) does not confer upon a unit owner a right to place a rain barrel at, or to connect a rain barrel to, any property that is:

(I)  Leased, except with permission of the lessor;


(II)  A common element or a limited common element of a common interest

community, as those terms are defined in section 38-33.3-103;

(III)  Owned or maintained by the metropolitan district; or


(IV)  Attached to one or more other units, except with permission of the

owners of the other units.

(h) (I)  The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.


(II)  This subsection (6)(h) does not supersede any of the provisions of an

instrument concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The metropolitan district shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.

(III)  This subsection (6)(h) does not apply to a community qualified as housing

for older persons under the federal Housing for Older Persons Act of 1995, Pub.L. 104-76.

(IV)  The metropolitan district may require the owner or operator of a family

child care home to carry liability insurance, at reasonable levels determined by the board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on any property owned or maintained by the metropolitan district, in the unit where the family child care home is located, or in any other unit subject to an instrument. The metropolitan district shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the metropolitan district is required to carry under the terms of an instrument.

(7) (a)  Notwithstanding any provision in an instrument to the contrary, a

metropolitan district shall not:

(I)  Effectively prohibit renewable energy generation devices, as defined in

section 38-30-168;

(II)  Require the use of cedar shakes or other flammable roofing materials on

a unit; or

(III)  Effectively prohibit the installation or use of an energy efficiency

measure on a unit.

(b)  Subsection (7)(a)(III) of this section does not apply to:


(I)  Reasonable aesthetic provisions that govern the dimensions, placement,

or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, a metropolitan district shall consider:

(A)  The impact of the purchase price and operating costs of the energy

efficiency measure;

(B)  The impact on the performance of the energy efficiency measure; and


(C)  The criteria contained in any instrument.


(II)  Bona fide safety requirements, consistent with an applicable building

code or recognized safety standard, for the protection of persons or property.

(c)  Subsection (7)(a)(III) of this section does not confer upon any unit owner

the right to place an energy efficiency measure on property that is:

(I)  Owned by another person;


(II)  Leased, except with permission of the lessor;


(III)  Collateral for a commercial loan, except with permission of the secured

party;

(IV)  A common element or limited common element of a common interest

community, as those terms are defined in section 38-33.3-103; or

(V)  Owned or maintained by a metropolitan district.


Source: L. 2024: Entire section added, (HB 24-1267), ch. 117, p. 378, � 3,

effective August 7.

C.R.S. § 33-1-106

33-1-106. Authority to regulate taking, possession, and use of wildlife - rules. (1) In order to provide an adequate, flexible, and coordinated statewide system of wildlife management and to maintain adequate and proper populations of wildlife species, the commission shall have authority in this state, by appropriate rules and regulations, to:

(a)  Determine under what circumstances, when, in which localities, by what

means, what sex of, and in what amounts and numbers the wildlife of this state may be taken and, further, to shorten, extend, or close seasons on any species of wildlife in any specific locality or the entire state when it finds after investigation that such action is necessary to assure maintenance of adequate populations of wildlife or to preserve the proper ecological balance of the environment. In no event, however, shall the commission adopt any regulation concerning the taking of black bears which is in conflict with the provisions of section 33-4-101.3.

(b)  Provide for the disposal of the usable portions of wildlife confiscated,

abandoned, or unclaimed at meat processing and storage facilities or by taxidermists or otherwise obtained under the provisions of articles 1 to 6 of this title;

(c)  Control the exportation, importation, transportation, release, possession,

sale, transfer, and donation of wildlife;

(d)  Establish requirements for persons who are engaged in the business of

buying, selling, processing, or otherwise handling wildlife for the keeping of records of such transactions and to make such records available for inspection;

(e)  Provide for the issuance of and require persons to obtain licenses for the

purpose of hunting, fishing, trapping, taking, or possession of wildlife in accordance with the provisions of articles 1 to 6 of this title and the rules and regulations adopted pursuant thereto;

(f)  Authorize fishing without a license on a statewide basis for up to two days

during the calendar year.

(2)  The commission shall adopt rules which regulate the conduct of fishing

contests in public waters of the state. Such rules may prohibit the holding of such a contest on specific waters and at specific times of the year, but such rules shall not unreasonably restrict persons conducting such a contest from charging an entry fee, awarding prizes to participants, or using marked or tagged fish.

(3) (a)  The state agricultural commission shall review the rules concerning

captive wild ungulates submitted by the division and make recommendations to the parks and wildlife commission concerning the rules. The parks and wildlife commission shall not pass nor implement rules concerning captive wild ungulates without the approval of the state agricultural commission. If the parks and wildlife commission makes the possession of red deer unlawful in this state, the division shall compensate any person who owns or possesses any red deer on the effective date of the prohibition for the cost to replace such red deer with a legal elk of the same sex and comparable age.

(b)  For purposes of this subsection (3), captive wild ungulates means

wildlife which are ungulates lawfully acquired and held in confinement for breeding for agricultural purposes, production of meat, or other animal products; except that captive wild ungulates does not include wildlife held or used for the purpose of hunting or domestic elk or fallow deer held by persons licensed pursuant to section 35-41.5-104, C.R.S.

(c)  Captive wild mammals and alternative livestock which have escaped from

an owner's control may be removed from the wild by the division of parks and wildlife at the owner's expense, but not sooner than seventy-two hours after the division has given the owner or his designee actual notice of such escape, or the owner has notified the division of such escape. The amount the division of parks and wildlife may charge an owner shall be limited to actual costs incurred by the division to accomplish such removal, subject to further limitation by the following maximum caps:

(I)  For native wildlife and for nonnative or exotic wildlife, one thousand

dollars per animal not to exceed in the aggregate five thousand dollars per incident; and

(II)  For prohibited species, no maximum cap per animal and no maximum cap

per incident.

(4) (a)  The commission may propose rules concerning:


(I)  Hunting of alternative livestock as defined in section 35-41.5-102 (1),

C.R.S.;

(II)  Maintaining the purity of the native species of elk in the elk herds of

Colorado by preventing the introduction of red deer or hybrid nonnative species, whether by the importation of untested live animals, gametes, eggs, sperm, or other genetic material, into Colorado. For purposes of this subparagraph (II), native species of elk includes those subspecies native to North America including cervus elaphus roosevelti, cervus elaphus nannodes, cervus elaphus nelsoni, cervus elaphus manitobensis, cervus elaphus canadensis, and cervus elaphus merriavi.

(III)  Requirements that owners of alternative livestock have samples taken

for the purpose of identifying individual animals;

(IV)  Perimeter fences for alternative livestock farms, licensed pursuant to

article 41.5 of title 35, C.R.S., to prevent ingress of big game wildlife and egress of alternative livestock.

(b)  The state agricultural commission shall review any rules proposed by the

commission and may make recommendations to the commission concerning such rules. The state agricultural commission shall approve all rules promulgated pursuant to this section prior to adoption by the commission.

(c)  For purposes of carrying out the rules promulgated pursuant to this

section, at any reasonable time during regular business hours, the director or the director's designee shall have free and unimpeded access upon consent or upon obtaining an administrative search warrant to:

(I)  All buildings, yards, pens, pastures, and other areas in which any

alternative livestock is kept, handled, or transported; and

(II)  All records required to be kept and to make copies of such records.


(5)  Nothing in this section shall be construed to preclude the commissioner

of agriculture from authorizing, pursuant to section 35-40-101, C.R.S., the taking of depredating animals.

(6)  The commission may adopt rules governing wildlife sanctuaries.


Source: L. 84: Entire article R&RE, p. 856, � 1, effective January 1, 1985. L. 89:

(1)(f) added, p. 1342, � 1, effective July 1. L. 90: (3) added, p. 1528, � 2, effective July 1. Initiated 92: (1)(a) amended, effective January 14, 1993. L. 94: (3)(b) and IP(3)(c) amended and (4) added, p. 1693, � 1, effective July 1. L. 96: (5) added, p. 294, � 1, effective April 12. L. 2004: (6) added, p. 1323, � 2, effective August 4. L. 2012: (3)(a) amended, (HB 12-1317), ch. 248, p. 1207, � 16, effective June 4.

Editor's note: (1)  This section is similar to former �� 33-1-110 and 33-1-111 as

they existed prior to 1984.

(2)  Subsection (1)(a) was amended by an initiated measure, effective January

14, 1993, prohibiting the taking of black bears under certain circumstances. The vote count on the measure at the general election held November 3, 1992, was as follows:

FOR:  1,054,032


AGAINST:  458,260

C.R.S. § 33-1-110

33-1-110. Duties of the director of the division - habitat partnership council, program, committee - created - duties. (1) The director is the head of the division under the direction and supervision of the commission and the executive director and has general supervisory control of and authority over all activities, functions, and employees of the division.

(2)  Repealed.


(3)  The director shall prepare such reports as the executive director shall

require the commission or director to submit.

(4)  With the approval of the commission, the director shall authorize such

scientific and other studies as are necessary and shall collect, classify, and disseminate statistics, data, and other information which in his discretion will tend to accomplish the objectives of articles 1 to 6 of this title and the state policy set forth in section 33-1-101.

(5)  The director shall appoint Colorado wildlife officers and may appoint

special wildlife officers to serve without pay, who shall have the powers and authority designated by the director. A special wildlife officer commission shall not be issued until the applicant has submitted to the division an application setting forth his or her qualifications to act as such an officer. Such qualifications shall include a minimum of forty hours of continuing law enforcement education per calendar year. The director may revoke the special wildlife officer commission of any such person at his or her pleasure.

(6)  The director and the executive director shall consult with the commission

in the establishment of the division's budget and the expenditures of all moneys appropriated to the division by the general assembly.

(6.5)  The director, following notification of the commission, shall authorize

an expenditure necessary to pay a local governing body for expenses incurred pursuant to section 35-5.5-110 (3), C.R.S.

(6.7)  The director shall certify to the state controller that commitment or

payment vouchers submitted by local habitat partnership committees are consistent with distribution management plans and guidelines approved by the commission. Such certification is the only requirement necessary to authorize the state controller to disburse funds from the habitat partnership cash fund.

(7) (a)  The director shall appoint a council of nine persons to act as the

habitat partnership council, referred to in this section as the council. The council has statewide responsibility and authority.

(b) (I)  The council shall consist of the following members: Two sports persons

who purchase big game licenses on a regular basis in Colorado; two persons representing livestock growers in Colorado; one person from the United States department of agriculture forest service; one person from the United States department of the interior bureau of land management; one person from the Colorado state university range extension program; one person representing agricultural crop producers; and one person from the Colorado division of parks and wildlife. All persons on the council shall be residents of the state of Colorado.

(II)  Members of the council who will represent livestock growers and

agricultural crop producers shall be chosen by the director from persons nominated by the local habitat partnership committees, pursuant to subparagraph (VI) of paragraph (d) of subsection (8) of this section.

(III)  For the initial appointments to the council, the terms of the four

members representing sports persons and livestock growers shall be two years for one member of each group and four years for the other member of each group, after which all appointments shall be for four years. The term lengths for the members representing the various agencies shall be at the discretion of the respective agencies. There shall be no limit on the number of terms a member may serve.

(c)  The duties of the council are:


(I)  To advise local habitat partnership committees;


(II)  To assist in the dissemination of information concerning the habitat

partnership program;

(III)  To review draft plans for compliance with program guidelines

established by the commission and to recommend appropriate action by the commission;

(IV)  To monitor program effectiveness and to propose to the commission

changes in guidelines and land acquisition planning and review as appropriate;

(V)  To advise the director whether or not payment vouchers submitted by

local habitat partnership committees are consistent with distribution management plans approved by the commission;

(VI)  To report to the commission and to the senate agriculture, natural

resources, and energy committee and the house of representatives agriculture, livestock, and natural resources committee pursuant to section 33-1-112 (8);

(VII)  To allocate an annual budget to each local habitat partnership

committee and submit each committee's budget for the director's final approval; and

(VIII)  To expend money as necessary in areas that are not covered by a local

habitat partnership committee formed pursuant to subsection (8)(b) of this section to reduce wildlife and land management conflicts as the conflicts relate to big game ungulate species forage and fence issues, assist with private land conservation efforts, enhance wildlife migration corridors, and implement other management objectives.

(d)  (Deleted by amendment, L. 96, p. 1727, � 1, effective June 3, 1996.)


(8) (a)  The habitat partnership program is hereby created to assist the

division in its duties as deemed appropriate by the director:

(I)  By working with private land managers, public land management

agencies, sports persons, and other interested parties to reduce wildlife conflicts, particularly those associated with forage and fence issues related to big game ungulate species;

(II)  By assisting the division in meeting game management objectives;


(III)  By assisting with private land conservation efforts; and


(IV)  In enhancing wildlife migration corridors.


(b)  The director may appoint a habitat partnership committee, referred to

in this subsection (8) as a committee, in any area of the state where conflicts between wildlife and private land owners and managers engaged in the management of public and private land exist, as the conflicts relate to big game ungulate species forage and fence issues.

(c)  A committee shall consist of the following members: One sports person

who purchases big game licenses on a regular basis in Colorado; three persons representing livestock growers in the area of the state in which the committee is being established; one person from each of the federal agencies that has land management responsibilities in such area of the state; and one person from the Colorado division of parks and wildlife. All persons on any such committee shall be residents of the state of Colorado.

(c.5)  Commencing on August 10, 2022, committee members serve for set

terms as determined by the director. In setting committee members' terms, the director must provide for the staggering of committee members' terms and may allow committee members to serve an unlimited number of terms.

(d)  The duties of a committee are the following:


(I)  To develop big game distribution management plans to resolve rangeland

forage, growing hay crop, harvested crop aftermath grazing, and fence conflicts subject to commission approval;

(II)  To monitor program effectiveness and to propose to the council changes

in guidelines and land acquisition planning and review as appropriate;

(III)  To request for the committee, on an annual basis, funds from the council

consistent with the distribution management plan developed by any such committee;

(IV)  To expend funds allocated by the council or acquired from other sources

as necessary to implement distribution management plans;

(V)  To make an annual report of expenditures and accomplishments of the

committee to the council by August 15 of each year;

(VI)  To nominate a person to act as a representative of agricultural livestock

growers or crop producers to the habitat partnership council for the area of the state where such committee is organized;

(VII)  To reduce wildlife and land management conflicts as the conflicts

relate to big game ungulate species forage and fence issues, assist with private land conservation efforts, enhance wildlife migration corridors, and achieve other management objectives.

(e) (I)  A committee may procure from land owners, land managers, or other

providers materials or services as are necessary for carrying out activities identified in the distribution management plans pursuant to subsection (8)(d)(IV) of this section; except that a committee shall certify that a procurement is within the scope of the activities and funding levels authorized in a distribution management plan before procuring the materials or services.

(II)  For purposes of purchasing, accounting, and all procurement-related

issues, the council and each committee is a separate, distinct, and independent organizational unit.

(9)  The director or the director's designee shall provide consultation

regarding the impacts of the following research projects on wildlife:

(a)  Research projects for which the agricultural drought and climate

resilience office awards money to study the use of agrivoltaics pursuant to section 35-1-114; and

(b)  A feasibility study through which the Colorado water conservation board,

created in section 37-60-102, studies the use of floatovoltaics pursuant to section 37-60-115 (12).

Source: L. 84: Entire article R&RE, p. 858, � 1, effective January 1, 1985. L. 92:

(7) and (8) added, p. 1889, � 1, effective June 2. L. 96: (6.5) added, p. 763, � 1, effective May 23; (7) and (8) amended, p. 1727, � 1, effective June 3. L. 2001: (6.7) added and (7)(b)(II), (7)(c)(V), and (8) amended, p. 697, � 1, effective July 1, 2002. L. 2002: (7)(c)(VI) amended, p. 876, � 1, effective August 7. L. 2003: (7)(c)(VI) amended, p. 2013, � 108, effective May 22; (5) amended, p. 1629, � 66, effective August 6; (5) amended, p. 1953, � 47, effective August 6. L. 2012: (2) repealed and (6.7), IP(7)(c), and (7)(c)(V) amended, (HB 12-1317), ch. 248, p. 1207, � 17, effective June 4. L. 2022: (7)(a), (8)(a), (8)(b), (8)(d)(VII), and (8)(e) amended and (7)(c)(VII), (7)(c)(VIII), and (8)(c.5) added, (HB 22-1072), ch. 116, p. 541, � 1, effective August 10. L. 2023: (9) added, (SB 23-092), ch. 218, p. 1125, � 1, effective August 7.

Editor's note: This section is similar to former � 33-1-115 as it existed prior to

1984.

C.R.S. § 33-3-103.5

33-3-103.5. Game damage prevention materials - definitions. (1) This section shall be applicable in determining the liability of the state under paragraph (e) of subsection (3) of this section and section 33-3-103 (1)(d) and (1)(e).

(2) (a) (I)  Every landowner shall be eligible to receive sufficient and

appropriate temporary game damage prevention materials pursuant to this section.

(II)  Permanent game damage prevention materials shall be available only to

a landowner who does not unreasonably restrict hunting of species likely to cause damage on land under the landowner's control or restrict the hunting of species likely to cause damage on any other lands by restricting access across lands under the landowner's control, and:

(A)  Who charges not more than five hundred dollars per person, per season,

for big game hunting access on or across the landowner's property; or

(B)  Who charges a fee in excess of five hundred dollars per person, per

season, for big game hunting access on or across the landowner's property, if the landowner has requested and been denied game damage prevention materials from the habitat partnership program created in section 33-1-110 (8) and the division determines that excessive game damage is occurring, and may continue to occur in the future.

(III)  The division shall not deny a landowner game damage claims or game

damage prevention materials on the grounds that the landowner received a voucher pursuant to the wildlife conservation landowner hunting preference program for wildlife habitat improvement under section 33-4-103.

(IV)  As used in this section:


(A)  Temporary game damage prevention materials means materials of an

adequate substance that are utilized to protect private property for a period of time agreed upon by the landowner and the division. Such materials may include, but are not limited to, transferable panels or pyrotechnics.

(B)  Permanent game damage prevention materials means materials of an

adequate substance that are erected in such a way to protect private property for the expected normal life of the materials. The normal life of the materials shall be as specified in a written agreement between the landowner and the division.

(b)  The division has the responsibility to supply useable, sufficient, and

appropriate game damage prevention materials to a requesting landowner, and the landowner shall keep such materials in good repair throughout their normal life, if such materials have not been destroyed or damaged by wildlife.

(3) (a)  The division shall respond to a landowner making an inquiry related to

game damage within two business days after receiving the inquiry.

(b) (I)  Within five business days after receiving a request for game damage

prevention materials, the division shall consult with the landowner to discuss the sufficient and appropriate materials to prevent or mitigate the game damage. Temporary game damage prevention materials shall be delivered to the landowner within fifteen business days after the consultation, unless otherwise agreed to by the division and the landowner.

(II)  For a landowner eligible to receive permanent game damage prevention

materials pursuant to subparagraph (II) of paragraph (a) of subsection (2) of this section, such materials shall be provided within forty-five days after the date that the landowner makes the initial request for the materials.

(c)  The division shall deliver game damage prevention materials to the

specific site as directed by the landowner, if such delivery may be made by truck.

(d)  When agreed upon by the landowner, the division may construct

permanent stackyards or orchard fencing in those areas of high wildlife damage potential within the limitations of appropriation by the general assembly for that purpose.

(e) (I)  If the division does not provide game damage prevention materials

within the amount of time established by paragraph (b) of this subsection (3), the division shall have the sole responsibility to supply and erect the damage prevention materials, and the state shall be liable for game damages incurred on and after the date by which the division should have provided the game damage prevention materials.

(II)  When erecting game damage prevention materials pursuant to

subparagraph (I) of this paragraph (e), the division may use division employees, individuals under contract to the division, or voluntary workers. If the division uses voluntary workers to assist in erecting game damage prevention materials, the division shall keep in force workers' compensation insurance as necessary to protect the landowner from liability resulting from injuries or death of said voluntary workers while engaged in the erection of such game damage prevention materials. If the division uses contract workers to assist in erecting game damage prevention materials as provided in this section, the division shall require the contractor to provide evidence of workers' compensation insurance as necessary to protect the landowner from liability resulting from injuries or death of said contract workers while engaged in the erection of such game damage prevention materials.

(4)  If the game damage prevention materials that the division provides to a

landowner fail to prevent game damage due to insufficiency or inappropriateness of such materials, or if the division's insufficient or inappropriate erection of such materials fail to prevent game damage, the state shall be liable for damages caused by such materials or erection.

Source: L. 2009: Entire section added, (SB 09-024), ch. 323, p. 1724, � 2,

effective June 1. L. 2013: (2)(a)(III) amended, (SB 13-188), ch. 244, p. 1182, � 2, effective August 7.

C.R.S. § 33-3-104

33-3-104. When state is liable - rules. (1) Subject to the limitations contained in sections 33-3-103 (1) and 33-3-103.5, and in part 2 of this article, the state shall be liable only for:

(a)  Damages to livestock or personal property used in the production of raw

agricultural products, which under this article shall be no more than five thousand dollars per head of livestock injured or killed, caused by big game; except that damages to livestock shall be limited to physical trauma resulting in injury or death;

(b)  Damages to real or personal property, when such damages are caused by

wildlife that is being moved or is otherwise under the direct control of division personnel at the time the damage occurs;

(c)  Damage to real or personal property caused by the use of damage

prevention materials if the use of such materials or equipment is under the control of any personnel who are under the direction of division personnel at the time damage occurs;

(d)  Damages caused by those species of wildlife enumerated in section 33-1-102 (2) to orchards, nurseries, crops under cultivation, and harvested crops,

damages to lawful fences as defined in section 35-46-101 (1), C.R.S., when such damages exceed ten percent of the value of the specific fence involved, and damages to livestock forage in excess of ten percent of historic use levels for privately owned and fenced ranch or farm units which are specifically limited to hay meadows, pasture meadows, artificially seeded rangelands, and grazing land which is deferred to seasonal uses. Damages to aftermath on alfalfa shall be paid to the full extent of such damages without regard to historic numbers of wildlife. Historic levels shall be designated by the claimant at the time of making a claim. Historic levels shall be expressed in average numbers of wildlife present on the property in question based on the twenty-year period ending January 1, 1973. If the division does not agree with the claimant on normal historic levels or any element of a damage settlement, the matter shall be submitted to arbitration within ten days of notice by either party. The arbitration panel shall consist of one arbitrator chosen by the landowner, one arbitrator chosen by the division, and one arbitrator chosen by the other two arbitrators. If the two arbitrators cannot agree within ten days on a third arbitrator, a request by either party shall be made to the district court for the judicial district of the county in which the damage is located for appointment of a third impartial arbitrator. The division and the landowner shall equally share the cost of the use of the third arbitrator. Historic levels or any element settled by arbitration may be included in an appeal to a court of competent jurisdiction, and the court shall not be bound by the finding of the arbitration panel.

(2)  Repealed.


(3)  The burden of proof shall be with the claimant for all claims for damages

enumerated in paragraph (d) of subsection (1) of this section, pursuant to rules established by the commission pertaining to wildlife damage.

(4)  If the commission has not promulgated rules relating to damage by

wildlife, pursuant to sections 33-1-104 and 33-1-108, the division shall not refuse to pay a claim for wildlife damage.

(5)  If for any reason a pertinent rule of the commission relating to wildlife

damage is declared void or suspended, the provisions of subsection (4) of this section shall not be applicable.

(6)  For the year 1979, any damage claims received by the division after June

21, 1979, shall not be denied until and unless considered under the rules promulgated by the commission relating to damage by wildlife. If such rules are not promulgated by January 1, 1980, the provisions of subsection (4) of this section shall apply.

(7)  Repealed.


(8)  All rules concerning damages by wildlife adopted or amended by the

commission on or after July 1, 1979, are subject to section 24-4-103.

(9)  Reimbursement for wildlife damages shall be reduced by the amount of

claim awarded by an insurance company for the same damages.

Source: L. 69: R&RE, p. 409, � 1. C.R.S. 1963: � 62-3-3. L. 71: p. 596, � 1. L. 75:

(1)(a) amended, p. 1306, � 5, effective July 14. L. 77: (1)(a) amended, p. 1541, � 1, effective January 1, 1978. L. 79: (1)(d) R&RE and (2) to (8) added, p. 1216, � 10, effective June 21. L. 80: (8) amended, p. 789, � 26, effective June 5. L. 81: (1)(d) amended, p. 1654, � 1, effective July 1. L. 83: (2)(a) amended, p. 2051, � 20, effective October 14. L. 84: (1)(d) R&RE, (2) and (7) repealed, and (9) added, pp. 926, 927, �� 1, 5, 2, effective May 2. L. 85: (1)(d) and (4) amended, p. 1364, � 31, effective June 28. L. 93: IP(1) and (1)(d) amended, p. 1720, � 2, effective June 6. L. 2001: (1)(a) amended, p. 409, � 1, effective August 8. L. 2009: IP(1) amended, (SB 09-024), ch. 323, p. 1726, � 3, effective June 1. L. 2022: (8) amended, (SB 22-091), ch. 28, p. 169, � 10, effective August 10.

Cross references: For the legislative declaration contained in the 1993 act

amending the introductory portion to subsection (1) and subsection (1)(d), see section 1 of chapter 290, Session Laws of Colorado 1993.

C.R.S. § 33-4-102

33-4-102. Types of licenses and fees - rules - legislative declaration. (1) Except as otherwise provided in subsection (1.6) of this section, the division may issue the following resident and nonresident licenses and shall collect the following fees:

                                 Fees


                    Resident        Nonresident


(a) to (p)  Repealed.


(q)  (Deleted by amendment, L. 2018.)


(r) to (u)  Repealed.


(v)  3-year possession/hunting


    raptor license          $ 150.00        Not available


(w)  Annual possession/hunting


    raptor license          Not available       $  80.00


(x)  Repealed.


(y)  Peregrine falcon


    capture license       300.00        Not available


(1.1) to (1.3)  Repealed.


(1.4)  Except as otherwise provided in subsections (1.5) and (1.6) of this

section, the division may issue the following resident and nonresident licenses and shall collect the following fees:

                                 Fees


                    Resident        Nonresident


(a)  Extra rod stamp            $   9.00        $   9.00


(b)  Fishing - 1 day               12.00           15.00


(c)  Fishing - 5 days           Not available          30.00


(d)  Fishing - annual              33.00           95.00


(d.5)  Youth, ages sixteen


    and seventeen,


    fishing - annual            8.00            Not available


(e)  Senior, ages


    sixty-four and


    older, annual fishing            8.00       Not available


(f)  Small game hunting        28.00           80.00


(g)  Small game - 1 day        12.00           15.00


(h)  Furbearer license             28.00          250.00


(i)  (Deleted by amendment, L. 94, p. 1220, � 3, effective May 22, 1994.)


(j)  Turkey, fall              23.00          150.00


(j.3)  Turkey, spring              28.00          150.00


(j.6)  Turkey (youth)              14.00          100.00


(k)  Combination fishing and


    small game hunting         48.00        Not available


(l)  Pronghorn                 38.00          395.00


(m)  Bear, fall                48.00          660.00


(n)  Repealed.


(o)  Deer                  38.00          395.00


(p)  Elk                   53.00          660.00


(q)  Mountain goat            300.00         2,210.00


(r)  Moose                300.00         2,210.00


(s)  Mountain lion              48.00          660.00


(t)  Rocky mountain bighorn


    sheep                 300.00         2,210.00


(u)  Desert bighorn sheep         300.00         2,210.00


(v) (I)  Resident low-income


    senior annual fishing           8.00            Not

available

(II)  (Deleted by amendment, L. 97, p. 766, � 1, effective May 1, 1997.)


(w)  Youth big game (deer,


    elk, pronghorn)        13.75           99.75


                        each             each


(x)  Youth small game hunting       1.00                1.00


(y)  Repealed.


(z)  Colorado wildlife habitat


    stamp, purchased in conjunction


    with the purchase of a hunting


    or fishing license         10.00           10.00


(aa)  Lifetime Colorado


    wildlife habitat stamp        300.00          300.00


(bb)  Migratory waterfowl


    stamp                  10.00           10.00


(cc)  [Editor's note: Subsection (1.4)(cc) is effective January 1, 2026.]


    Bison                  374.22          2,756.74


(1.5) (a)  With respect to the licenses authorized under subsections (1.4)(d.5)

and (1.4)(e) of this section, the commission may raise the fees by rule as necessary to maintain sufficient funding for Colorado to remain eligible for federal funding made available to the states through the Federal Aid In Sport Fish Restoration Act, 16 U.S.C. secs. 777 to 777k, as amended.

(b)  With respect to licenses authorized under subsection (1.4) of this section,

the commission shall consider offering discounted licenses or license combinations for wildlife management or hunting and fishing recruitment purposes, including consideration of the creation of a resident low-income license.

(c)  Except for the senior annual fishing license, resident low-income fishing

license, youth big game hunting license, annual Colorado wildlife habitat stamp, lifetime Colorado wildlife stamp, and migratory waterfowl stamp issued in accordance with subsections (1.4) and (1.5)(b) of this section, the commission may, by rule, assess a harvest permit surcharge in an amount not to exceed five dollars for each species that may be taken under any license listed in subsections (1), (1.4), and (1.5)(b) of this section that is sold by the division or one of its license agents pursuant to section 33-4-101 when, as determined by the commission by rule, doing so is necessary for the proper management of the division or is otherwise beneficial to the management of state wildlife resources.

(1.6) (a)  By promulgation of appropriate rule, the commission may, from time

to time, reduce a fee specified in this section and may, by promulgation of appropriate rule, later raise the license fee up to an amount not to exceed the statutory limit, when, in the judgment of the commission, one of the following conditions applies:

(I)  If the commission determines that it would be beneficial to issue the

license in conjunction with another type of license and creates a combination license;

(II)  If the commission determines it is proper for management of the division

or otherwise beneficial to the management of state wildlife resources. Licenses so discounted may be limited to certain geographic areas, by sex of the animal, or as otherwise deemed appropriate by the commission.

(III)  If the commission determines that an activity is regulated at both the

state and federal levels and that issuance of a multi-year state license or collection of a reduced state annual license fee, or both, would help to coordinate state and federal regulation and reflect the administrative cost savings realized through coordination.

(IV)  (Deleted by amendment, L. 2018.)


(b) (I)  For a fee or surcharge described in articles 1 to 6 of this title 33, the

commission may, by rule, adjust the fee or surcharge by an amount up to the total amount reflected by the annual 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 applicable predecessor or successor index. The adjustment is not effective until the commission notifies the joint budget committee of the adjustment.

(II) (A)  For a fee for resident and nonresident licenses described in

subsection (1.4) of this section, the commission may, by rule, adjust the fee by an amount up to the total amount reflected by the annual 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.

(B)  If the commission adjusts a fee in accordance with subsection

(1.6)(b)(II)(A) of this section, the commission shall base the adjustment on the prices for fees as those prices were established by Senate Bill 18-143, as enacted in 2018, and described in subsection (1.4) of this section.

(C)  The fee adjustment described in this subsection (1.6)(b)(II) is not effective

until the commission notifies the joint budget committee of the adjustment.

(c)  Repealed.


(1.7)  Nothing in this section shall be construed to invalidate any senior

lifetime license previously issued by the division.

(1.8)  Repealed.


(1.9) (a) (I)  The general assembly hereby finds, determines, and declares that:


(A)  Service members returning from post-September 11, 2001, overseas

contingency operations who have been injured during combat face a challenging period of rehabilitation upon their return to the United States;

(B)  Many of these service members are so severely injured that they require

medical assistance for many years, or even the rest of their lives, as they reenter mainstream life;

(C)  Although the scope of care provided by the United States armed services

wounded warrior programs varies with each service member, based on the needs of the individual, these service members may be assigned, upon return to Colorado, to a medical treatment facility such as Evans army hospital at Fort Carson, Colorado;

(D)  Wounded warrior programs are direct efforts by the United States armed

services to care for service members during their long transition from combat-related injury to civilian life and to provide assistance to those service members in recovery, rehabilitation, and reintegration that is worthy of their service and sacrifice; and

(E)  For those wounded warriors who suffer injuries so severe that they will

require intense, ongoing care or assistance for many years or the rest of their lives, a significant part of the healing process is enabling and encouraging these service members to experience some of the recreational activities they enjoyed prior to their service-related injuries.

(II)  The general assembly therefore recognizes the need to provide

opportunities for Colorado's severely injured wounded warriors to enjoy the natural resources of the state as part of their rehabilitative care. Furthermore, offering reduced-cost or free big game hunting licenses to such recovering service members is a small, but recognizable, acknowledgment of their selfless service and sacrifice.

(b)  The commission may promulgate rules to reduce or eliminate big game

license fees and establish a big game hunting license preference for members of the United States armed services wounded warrior programs who are residents of, or stationed in, Colorado and who have been so severely injured that they will require years of intense, ongoing care or assistance.

(c)  As used in this subsection (1.9), United States armed services wounded

warrior programs means:

(I)  The Army wounded warrior (AW2) program;


(II)  The Air Force wounded warrior (AFW2) program;


(III)  The Navy safe harbor program;


(IV)  The Coast Guard wounded warrior regiment; and


(V)  Any successor program administered by a branch of the United States

armed services to provide individualized support for service members who have been severely injured in overseas contingency operations undertaken since September 11, 2001.

(d)  The commission may adopt rules to implement this subsection (1.9),

including rules defining severely injured and establishing residency requirements for service members eligible under this subsection (1.9).

(2)  Except as otherwise provided in subsection (1.6) of this section, the

division may issue the following special licenses and shall collect the following fees:

Fees

(a)  Scientific collecting license for the collection of wildlife species

outside of established seasons and bag limits$ 28.00

(b)  Importation license, issued for the purpose of importing wildlife

into the state75.00

(c)  Field trial license23.00


(d)  Commercial lake license, issued for the operation of privately

owned lakes for purposes of charging customers to fish; live fish or viable

gametes may not be sold or transported from the premises200.00

(e)  Private lake license, issued for the operation of privately owned

lakes for the purpose of fishing when no fee is charged; fish or gametes

may not be sold, and live fish or viable gametes may not be transported

from the premises14.00

(f)  Commercial wildlife park license, issued for the operation of

privately owned wildlife parks and for related buying, selling, or trading of

lawfully acquired wildlife or for charging customers to hunt at the park150.00

(g)  Noncommercial park license, issued to persons who wish to

keep lawfully acquired native birds except raptors as pets28.00

(h)  (Deleted by amendment, L. 91, p. 199, � 4, effective June 7, 1991.)


(i)  Wildlife sanctuary license150.00


(3)  The fee for any license issued by the division for which a fee is not

provided in subsection (1), (1.4), or (2) of this section must not exceed one hundred dollars.

(4)  Repealed.


(5)  Any person may obtain more than one one-day or five-day fishing license

during a calendar year. The effective date shall appear on every such fishing license. Said date may be the date it is procured or any future date during the fishing season specified by the license.

(6) (a)  Moneys received in payment for any licenses issued under this title

shall not be refunded except for proven error committed by the division in issuing licenses or upon the death of a licensee in possession of a big game license if death occurs before the starting date of the season specified on said license or if authorized by the director under rules of the commission.

(b)  Repealed.


(7)  Any person claiming residency in Colorado as set forth in section 33-1-102, for the purpose of purchasing a resident license of any kind, must produce

evidence of such residency at the time of purchase.

(7.5)  The division or a license agent issuing a license on the division's behalf

need not comply with section 24-72.1-103 concerning secure and verifiable identity documents when issuing a license pursuant to this section.

(8)  In the event of the loss, theft, or destruction of any wildlife license issued

by the division, the person to whom the license was issued may receive a duplicate license from the division upon payment of a fee of up to fifty percent of the cost of the original license, not to exceed twenty-five dollars, as established by the commission by rule, and completion of an affidavit stating where and by whom the license was issued and the circumstances under which the license was lost, stolen, or destroyed. In the event the division determines that the original license has been lost or destroyed in the mail, the person to whom the license was issued may obtain a duplicate license from the division without charge by submitting to the division a signed affidavit stating that the license was never received.

(8.5) (a)  Except for the annual Colorado wildlife habitat stamp, the lifetime

Colorado wildlife stamp, the migratory waterfowl stamp, and the youth small game hunting license, the commission shall, by rule, assess a surcharge in an amount not to exceed one dollar and fifty cents on each license listed in subsections (1) and (1.4) of this section that is sold by the division or one of its license agents pursuant to section 33-4-101. Revenues derived from the assessment of the surcharge, together with any interest earned on the revenues, shall be deposited into the wildlife management public education fund created in section 33-1-112 (3.5)(a).

(b) to (e)  (Deleted by amendment, L. 2005, p. 469, � 1, effective January 1,

2006.)

(9)  All licenses issued pursuant to this section expire on the date written or

printed thereon, unless otherwise provided by the commission or by any other law.

(10)  Repealed.


(11)  With respect to licenses that are issued in limited numbers for the taking

of game wildlife, the division may collect from each resident license applicant a nonrefundable processing fee not to exceed ten dollars and from each nonresident license applicant a nonrefundable processing fee not to exceed twenty dollars, which fees the commission shall establish by rule.

(12) (a)  A person holding a valid aquaculture facility permit pursuant to

section 35-24.5-109, C.R.S., may charge a fee for fishing at the production facility; no state fishing license is required.

(b)  Several satellite stations of a fish production facility may operate under

one aquaculture license provided all such satellite stations are listed on such license.

(13) (a)  The commission shall establish a license classification for zoological

parks. Each licensed zoological park shall be subject to the following requirements:

(I)  The primary purpose of the park shall be the exhibition of captive wild or

exotic animals for the education of the general public; except that this subparagraph (I) shall not be construed to prohibit the carrying on of reasonable incidental activities such as propagation, purchase, sale, and exchange of animals;

(II)  The park shall be operated under the direction of a professional staff that

has generally recognized formal or practical training in the husbandry of the types of animals kept in the park;

(III)  The park shall have a state-licensed veterinarian on staff or under

contract with the park and available to provide professional consultation and care when needed;

(IV)  The park shall maintain regular hours during which it is open to the

public;

(V)  The animals kept at the park shall be confined by at least one fence or

other enclosure surrounding the area in which they are housed or displayed and by at least one additional fence, no less than eight feet in height, surrounding the perimeter of the park.

(b)  A licensed zoological park may move animals within Colorado in

connection with the buying, selling, exchanging, or loaning of such animals with another licensed or accredited zoological park or in connection with the export of such animals from Colorado.

(c)  No licensed zoological park may import noncervid ruminants or camelids

into Colorado unless, in each such instance, the animal has been subjected to the following process:

(I)  Before importation, the animal is tested for tuberculosis and found not to

be infected;

(II)  After such test, the animal is imported and held in isolation in an isolation

facility for a continuous period of least sixty days; and

(III)  After the end of such isolation period, the animal is again tested for

tuberculosis. If the test result is negative, the animal may then be incorporated into the animal population of the park.

(d)  Importation and testing of cervid animals by licensed zoological parks

shall be subject to regulation by the division.

(e)  A license issued to a zoological park shall cover the park and also other

property used in conjunction with the park for the selling, buying, brokering, trading, or breeding of or caring for animals used at the park. Animals may be moved between the park and such other property as may be reasonably necessary for the operation of the park.

(f)  The annual fee for a zoological park license shall not exceed the annual

fee for a commercial park license.

(g) (I)  Except as provided in subparagraph (II) of this paragraph (g), this

subsection (13) does not apply to any zoological park that is accredited by the American zoo and aquarium association. Any intrastate transfer and movement of wildlife by a zoological park accredited by the American zoo and aquarium association to another zoological park accredited by the American zoo and aquarium association is not subject to the rules of the commission regarding movement and disease testing.

(II)  Any intrastate transfer and movement of wildlife by a zoological park

accredited by the American zoo and aquarium association to any person or entity not accredited by the American zoo and aquarium association is subject to the rules of the commission regarding movement and disease testing.

(14) (a)  The commission shall establish a license classification for wildlife

sanctuaries. Each license for a wildlife sanctuary shall be subject to the following requirements:

(I)  The purpose of the wildlife sanctuary shall be to operate as a place of

refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided care for their lifetime;

(II)  The wildlife sanctuary shall be operated under the direction of a

professional staff that has generally-recognized formal or practical training in the husbandry of the types of wildlife kept at the sanctuary; and

(III)  The wildlife sanctuary shall have a state-licensed veterinarian on staff or

under contract with the sanctuary and available to provide professional consultation and care when needed.

(b)  An application for a license for a wildlife sanctuary shall include the

following:

(I)  The name, complete street address, mailing address if different from the

street address, and telephone number of the facility;

(II)  Evidence of the wildlife sanctuary's status under section 501 (c)(3) of the

federal Internal Revenue Code;

(III)  The specific location where wildlife is housed;


(IV)  The current wildlife inventory, including the common and scientific

name, gender, age, and origin of each animal; and

(V)  A signed statement by a licensed veterinarian stating the veterinarian is

the veterinarian of record for the applicant and the veterinarian's complete address, telephone number, and license number. The veterinarian shall certify that the veterinarian has observed each of the applicant's animals at least once during the previous three months and that the wildlife have been appropriately immunized and cared for.

(c)  Repealed.


(15)  Notwithstanding any provision of this article to the contrary, revenue

generated from the fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth general assembly, shall be used to implement key priorities in the commission's strategic plan.

Source: L. 69: R&RE, p. 435, � 1. C.R.S. 1963: � 62-11-2. L. 72: p. 333, � 30. L.

75: Entire section R&RE, p. 1317, � 1, effective July 14. L. 77: (1)(g) and (1)(h) amended, p. 1541, � 2, effective January 1, 1978. L. 79: (1)(s) and (2) amended and (4) added, p. 1236, � 1, effective January 1, 1980. L. 82: (1)(s) and (2) RC&RE, p. 518, � 1, effective March 11. L. 83: Entire section R&RE, p. 1287, � 1, effective January 1, 1984. L. 84: (4) and (7) amended and (10) repealed, pp. 920, 925, �� 4, 19, effective January 1, 1985. L. 87: (11) added, p. 1268, � 1, effective January 1, 1988. L. 89: (1.1) to (1.8) added and (5) and (8) amended, pp. 1343, 1345, �� 4, 5, effective July 1; (1)(x) added, p. 1347, � 1, effective February 1, 1990. L. 90: (2)(d) and (2)(e) amended and (2)(h) and (12) added, p. 1530, �� 1, 2, effective January 1, 1991. L. 91: (6) amended, p. 1412, � 1, effective April 4; (4) repealed, p. 1920, � 47, effective June 1; (2)(h) and (12)(a) amended, p. 199, � 4, effective June 7. Initiated 92: (1)(n) repealed, effective January 14, 1993. L. 93: (1.4)(v) added, p. 431, � 2, effective April 19. L. 94: (1.4)(i) amended and (1.4)(w) and (1.4)(x) added, p. 1220, � 3, effective May 22; (1.4)(n) repealed, p. 1644, � 73, effective May 31; (1.6)(c) and (13) added and (6)(a) amended, pp. 1578, 1579, �� 4, 5, effective May 31. L. 95: (13)(b) amended and (13)(g) added, p. 17, � 1, effective March 9. L. 97: (1.4)(v) amended, p. 766, � 1, effective May 1. L. 98: IP(1), (1.5), (1.6), and IP(2) amended, p. 1338, � 57, effective June 1. L. 99: (8.5) added, p. 1396, � 3, effective June 4. L. 2000: (1.4)(l), (1.4)(m), (1.4)(o) to (1.4)(t), (1.4)(w), and (1.6) amended, p. 1405, � 1, effective May 30. L. 2001: IP(1.6)(a) and (1.6)(a)(II) amended, p. 40, � 1, effective March 11. L. 2003: IP(1.4) and (1.4)(x) amended, p. 1031, � 8, effective July 1. L. 2004: (2)(i) and (14) added, p. 1324, �� 4, 5, effective August 4. L. 2005: (1)(v), (1)(w), (1.4), (1.5), (1.6)(b), (3), and (8.5) amended and (1)(y) and (15) added, pp. 469, 472, �� 1, 2, effective January 1, 2006; (1.4)(v)(I) amended, p. 780, � 68, effective January 1, 2006. L. 2009: (1.4)(y) amended and (1.6)(c) added, (SB 09-235), ch. 388, p. 2097, �� 4, 3, effective July 1, 2010; (1.4)(z) and (1.4)(aa) amended, (SB 09-235), ch. 388, p. 2096, �� 2, 1, effective April 1, 2011. L. 2010: (1.9) added, (SB 10-211), ch. 292, p. 1354, � 1, effective May 26; (6)(b) repealed, (HB 10-1422), ch. 419, p. 2120, � 169, effective August 11. L. 2012: (9) amended, (HB 12-1317), ch. 248, p. 1208, � 19, effective June 4. L. 2013: (1.6)(c) repealed, (SB 13-175), ch. 243, p. 1175, � 3, effective May 18. L. 2018: (1.6)(b) amended, (HB 18-1375), ch. 274, p. 1717, � 69, effective May 29; (1), (1.4), (1.6)(a), (1.6)(b), (2), (3), (8), (8.5)(a), and (11) amended, (1.5) RC&RE, and (1.8) and (14)(c) repealed, (SB 18-143), ch. 207, p. 1328, � 6, effective August 8. L. 2020: (7.5) added, (HB 20-1087), ch. 49, p. 167, � 3, effective March 20. L. 2024: (1.4)(e), (1.4)(v)(I), (1.4)(w), (1.4)(x), and (1.6)(b) amended and (1.5)(c) added, (SB 24-161), ch. 150, p. 606, � 2, effective August 7. L. 2025: (1.4)(cc) added, (SB 25-053), ch. 223, p. 1023, � 3, effective January 1, 2026.

Editor's note: (1)  This section is similar to former � 33-4-106 as it existed

prior to 1984.

(2) (a)  In 1992, an initiated measure prohibiting the taking of black bears

from March 1 to September 1 passed. Although the initiated measure repealed subsection (1)(n), the fee for spring bear hunting was contained in subsection (1.2)(n) until January 1, 1991, and in subsection (1.4)(n) beginning January 1, 1991. Subsection (1.4)(n) was subsequently repealed by Senate Bill 94-206 to carry out the intent of the initiated measure.

(b)  The vote count for the measure at the general election held November 3,

1992, was as follows:

FOR:  1,054,032


AGAINST:  458,260


(3) (a)  Subsection (4) provided for the repeal of subsections (1)(s) and (2),

effective January 1, 1982. (See L. 79, p. 1236.)

(b)  Subsection (1.1) provided for the repeal of subsections (1)(a) to (1)(p), (1)(r)

to (1)(u), and (1.1), effective January 1, 1990. (See L. 89, p. 1343.)

(c)  Subsection (1.3) provided for the repeal of subsections (1.2) and (1.3),

effective January 1, 1991. (See L. 89, p. 1343.)

(d)  Subsection (1)(x)(II) provided for the repeal of subsection (1)(x), effective

July 1, 1994. (See L. 89, p. 1347.)

(e)  Subsection (1.4)(y)(II) provided for the repeal of subsection (1.4)(y),

effective July 1, 2010. (See L. 2009, p. 2097.)

(4)  Amendments to subsection (1.4)(v) by House Bill 05-1266 and House Bill

05-1337 were harmonized.

(5)  Amendments to subsection (1.6)(b) by SB 18-143 and HB 18-1375 were

harmonized.

Cross references: (1)  For the legislative declaration contained in the 1994

act amending subsection (1.4)(i) and enacting subsections (1.4)(w) and (1.4)(x), see section 1 of chapter 209, Session Laws of Colorado 1994.

(2)  For the short title (Hunting, Fishing, and Parks for Future Generations

Act) and the legislative declaration in SB 18-143, see sections 1 and 2 of chapter 207, Session Laws of Colorado 2018.

(3)  For the legislative declaration in SB 25-053, see section 1 of chapter 223,

Session Laws of Colorado 2025.

C.R.S. § 33-4-102.7

33-4-102.7. Colorado wildlife habitat stamp - review committee - rules - legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a)  Protecting wildlife habitat and obtaining public access are important

elements to preserving wildlife and wildlife-related recreational opportunities in Colorado;

(b)  The general assembly specifically recognizes that hunting of big game

species is an activity that hundreds of thousands of residents and visitors to Colorado enjoy, which contributes significantly to state and local economies; and

(c)  Priorities for the expenditure of funds generated from the sale of habitat

stamps shall include protecting big game winter range and migration corridors, acquiring public access to wildlife-related recreation, including fishing, hunting, and wildlife viewing, protecting habitat for species of concern, and preserving the diversity of wildlife enjoyed by Coloradans.

(1.5)  A person eighteen years of age or older and under sixty-five years of

age shall purchase a Colorado wildlife habitat stamp, or shall have purchased a lifetime Colorado wildlife habitat stamp, when applying for or purchasing a hunting or fishing license. No habitat stamp purchase is required prior to application for or purchase of such person's first two one-day hunting or fishing licenses, but a habitat stamp shall be purchased prior to applying for or purchasing a third one-day hunting or fishing license. No person is required to purchase more than one Colorado wildlife habitat stamp within a twelve-month period. Any person acquiring a license issued pursuant to section 33-4-104 and any person who is mobility-impaired, as defined by commission rules, is exempt from the requirement to purchase a Colorado wildlife habitat stamp.

(2)  Such stamp, or an authorized facsimile of such stamp, shall be in the

possession of the person while hunting or fishing.

(3)  Fees for each stamp shall be as established in section 33-4-102 (1.4).


(4) (a)  All moneys received pursuant to the issuance of the Colorado wildlife

habitat stamp shall be used for the benefit of wildlife habitat or access to wildlife habitat, including costs associated with the operation and maintenance, such as weed control and fencing, of those lands purchased in fee simple by the division or those access easements acquired by the division under the Colorado wildlife habitat protection program. Revenues collected from the sale of the stamp are subject to annual appropriation. The Colorado wildlife habitat stamp review committee shall annually review proposed projects for expenditure of Colorado wildlife habitat stamp funds and make recommendations to the director and the commission. In consultation with the habitat stamp committee, the commission shall, in its discretion, ensure that, in the allocation of revenues under this section, sufficient priority is given to conserve and protect winter range and vital habitats, including migration corridors, for deer, elk, and other big game wildlife species; to improve public access for hunting, access for anglers to the waters of the state, and access for other wildlife-related recreation; to protect habitat for species of concern; and to preserve the diversity of wildlife enjoyed by Coloradans.

(b)  Repealed.


(c)  Real property interest acquisitions made by the commission pursuant to

this section shall emphasize the acquisition of easements and ensure that all other avenues are pursued prior to fee simple acquisition. Conservation easements, as described in section 38-30.5-104 (2), C.R.S., and fee simple title purchases are allowed. All fee simple title purchases made with revenues collected pursuant to this section, not including purchases of water for maintenance or enhancement of aquatic habitats, such as minimum storage pools or direct flow rights purchased specifically to protect habitat, shall be primarily for the purpose of providing access to the public for wildlife-related recreation, and shall be made available to the public for hunting or fishing, subject to commission rules. The commission shall not use the power of eminent domain to obtain fee simple title or a conservation easement on real property. The commission shall comply with a seller's agreement or sections 33-1-105 and 33-1-105.5 prior to purchasing real property.

(d)  No third-party conservation easement shall be obtained using proceeds

from the sale of habitat stamps unless the requesting organization contributes at least fifteen percent of the purchase price of the easement or fifteen percent of the purchase price is secured using other sources of nondivision funding; however, if, in the commission's discretion, sufficient hunting or fishing access is provided, the fifteen percent contribution requirement may be waived.

(5)  The Colorado wildlife habitat stamp committee is hereby created. The

committee shall be composed of four sports persons; two representatives of national or regionally recognized conservation organizations whose missions are focused on nongame wildlife and whose membership is composed primarily of nongame wildlife users; two landowners actively engaged in agriculture; one citizen at large; and two division of parks and wildlife representatives as ex officio members, at least one of whom shall be a wildlife biologist. The sports persons shall be representative of the four quadrants of the state. Members shall be appointed by the governor and confirmed by the senate. Staggered appointments shall be made so that not more than two members' terms expire in any one year, and thereafter appointments shall be for terms of four years each. Members shall be limited to two consecutive four-year terms.

(6)  Repealed.


(7)  The commission may adopt rules concerning the Colorado wildlife habitat

stamp.

(8) and (9)  Repealed.


Source: L. 2005: Entire section added, p. 472, � 3, effective January 1, 2006.

L. 2009: (2) amended and (9) added, (SB 09-235), ch. 388, pp. 2097, 2100, �� 5, 6, effective August 5; (1), (4), and (8) amended and (1.5) added, (SB 09-235), ch. 388, p. 2097, � 5, effective July 1, 2010. L. 2012: (1.5), (4)(a)(I), and (4)(c) amended, (HB 12-1317), ch. 248, p. 1208, � 20, effective June 4. L. 2013: (1)(c), (4)(a), (4)(d), and (8)(a) amended and (4)(b), (6), and (9) repealed, (SB 13-175), ch. 243, p. 1173, � 2, effective May 18. L. 2025: (8) repealed, (SB 25-049), ch. 198, p. 876, � 1, effective August 6.

C.R.S. § 33-44-103

33-44-103. Definitions. As used in this article 44, unless the context otherwise requires:

(1)  Base area lift means any passenger tramway which skiers ordinarily use

without first using some other passenger tramway.

(2)  Competitor means a skier actually engaged in competition, a special

event, or training or practicing for competition or a special event on any portion of the area made available by the ski area operator.

(3)  Conditions of ordinary visibility means daylight and, where applicable,

nighttime in nonprecipitating weather.

(3.1)  Extreme terrain means any place within the ski area boundary that

contains cliffs with a minimum twenty-foot rise over a fifteen-foot run, and slopes with a minimum fifty-degree average pitch over a one-hundred-foot run.

(3.3)  Freestyle terrain includes, but is not limited to, terrain parks and

terrain park features such as jumps, rails, fun boxes, and all other constructed and natural features, half-pipes, quarter-pipes, and freestyle-bump terrain.

(3.5)  Inherent dangers and risks of skiing means those dangers or

conditions that are part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, extreme terrain, and trees, or other natural objects, and collisions with such natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, or other man-made structures and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including but not limited to roads, freestyle terrain, jumps, and catwalks or other terrain modifications; collisions with other skiers; and the failure of skiers to ski within their own abilities. The term inherent dangers and risks of skiing does not include the negligence of a ski area operator as set forth in section 33-44-104 (2). Nothing in this section shall be construed to limit the liability of the ski area operator for injury caused by the use or operation of ski lifts.

(4)  Passenger means any person who is lawfully using any passenger

tramway.

(5)  Passenger tramway means a device as defined in section 12-150-103

(5).

(6)  Ski area means all ski slopes or trails and all other places within the ski

area boundary, marked in accordance with section 33-44-107 (6), under the control of a ski area operator and administered as a single enterprise within this state.

(7)  Ski area operator means an area operator as defined in section 12-150-103 (1) and any person, partnership, corporation, or other commercial entity

having operational responsibility for any ski areas, including an agency of this state or a political subdivision thereof.

(8)  Skier means any person using a ski area for the purpose of skiing, which

includes, without limitation, sliding downhill or jumping on snow or ice on skis, a toboggan, a sled, a tube, a snowbike, a snowboard, or any other device; or for the purpose of using any of the facilities of the ski area, including but not limited to ski slopes and trails.

(9)  Ski slopes or trails means all ski slopes or trails and adjoining skiable

terrain, including all their edges and features, and those areas designated by the ski area operator to be used by skiers for any of the purposes enumerated in subsection (8) of this section. Such designation shall be set forth on trail maps, if provided, and designated by signs indicating to the skiing public the intent that such areas be used by skiers for the purpose of skiing. Nothing in this subsection (9) or in subsection (8) of this section, however, shall imply that ski slopes or trails may not be restricted for use by persons using skis only or for use by persons using any other device described in subsection (8) of this section.

Source: L. 79: Entire article added, p. 1238, � 1, effective July 1. L. 90: (3.5)

added and (8) amended, p. 1540, � 2, effective July 1. L. 95: (7) amended, p. 1107, � 51, effective May 31. L. 2004: (2), (3.5), (6), (8), and (9) amended and (3.1) and (3.3) added, p. 1382, � 1, effective May 28. L. 2019: IP, (5), and (7) amended, (HB 19-1172), ch. 136, p. 1720, � 223, effective October 1.

Editor's note: Subsection (3.5) was originally numbered as (10) in Senate Bill

90-80 but has been renumbered on revision for ease of location.

Cross references: For the legislative declaration contained in the 1990 act

enacting subsection (3.5) and amending subsection (8), see section 1 of chapter 256, Session Laws of Colorado 1990.

C.R.S. § 33-44-107

33-44-107. Duties of ski area operators - signs and notices required for skiers' information. (1) Each ski area operator shall maintain a sign and marking system as set forth in this section in addition to that required by section 33-44-106. All signs required by this section shall be maintained so as to be readable and recognizable under conditions of ordinary visibility.

(2)  A sign shall be placed in such a position as to be recognizable as a sign to

skiers proceeding to the uphill loading point of each base area lift depicting and explaining signs and symbols which the skier may encounter at the ski area as follows:

(a)  The ski area's least difficult trails and slopes, designated by a green

circle and the word easiest;

(b)  The ski area's most difficult trails and slopes, designated by a black

diamond and the words most difficult;

(c)  The ski area's trails and slopes which have a degree of difficulty that falls

between the green circle and the black diamond designation, designated by a blue square and the words more difficult;

(d)  The ski area's extreme terrain shall be signed at the commonly used

access designated with two black diamonds containing the letters E in one and X in the other in white and the words extreme terrain. The ski area's specified freestyle terrain areas shall be designated with an orange oval.

(e)  Closed trails or slopes, designated by an octagonal-shaped sign with a

red border around a white interior containing a black figure in the shape of a skier with a black band running diagonally across the sign from the upper right-hand side to the lower left-hand side and with the word Closed printed beneath the emblem.

(3)  If applicable, a sign shall be placed at or near the loading point of each

passenger tramway, as follows:

WARNING: This lift services (most difficult) or (most difficult and more

difficult) or (more difficult) slopes only.

(4)  If a particular trail or slope or portion of a trail or slope is closed to the

public by a ski area operator, such operator shall place a sign notifying the public of that fact at each identified entrance of each portion of the trail or slope involved. Alternatively, such a trail or slope or portion thereof may be closed with ropes or fences.

(5)  The ski area operator shall place a sign at or near the beginning of each

trail or slope, which sign shall contain the appropriate symbol of the relative degree of difficulty of that particular trail or slope as set forth by subsection (2) of this section. This requirement shall not apply to a slope or trail designated easiest which to a skier is substantially visible in its entirety under conditions of ordinary visibility prior to his beginning to ski the same.

(6)  The ski area operator shall mark its ski area boundaries in a fashion

readily visible to skiers under conditions of ordinary visibility. Where the owner of land adjoining a ski area closes all or part of his land and so advises the ski area operator, such portions of the boundary shall be signed as required by paragraph (e) of subsection (2) of this section. This requirement shall not apply in heavily wooded areas or other nonskiable terrain.

(7)  The ski area operator shall mark hydrants, water pipes, and all other man-made structures on slopes and trails which are not readily visible to skiers under

conditions of ordinary visibility from a distance of at least one hundred feet and shall adequately and appropriately cover such obstructions with a shock-absorbent material that will lessen injuries. Any type of marker shall be sufficient, including but not limited to wooden poles, flags, or signs, if the marker is visible from a distance of one hundred feet and if the marker itself does not constitute a serious hazard to skiers. Variations in steepness or terrain, whether natural or as a result of slope design or snowmaking or grooming operations, including but not limited to roads and catwalks or other terrain modifications, are not man-made structures, as that term is used in this article.

(8) (a)  Each ski area operator shall post and maintain signs which contain the

warning notice specified in paragraph (c) of this subsection (8). Such signs shall be placed in a clearly visible location at the ski area where the lift tickets and ski school lessons are sold and in such a position to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift. Each sign shall be no smaller than three feet by three feet. Each sign shall be white with black and red letters as specified in this paragraph (a). The words WARNING shall appear on the sign in red letters. The warning notice specified in paragraph (c) of this subsection (8) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height.

(b)  Every ski lift ticket sold or made available for sale to skiers by any ski

area operator shall contain in clearly readable print the warning notice specified in paragraph (c) of this subsection (8).

(c)  The signs described in paragraph (a) of this subsection (8) and the lift

tickets described in paragraph (b) of this subsection (8) shall contain the following warning notice:

WARNING

Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: Changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.

Source: L. 79: Entire article added, pp. 1242, 1245, �� 1, 1, effective July 1. L.

90: (2)(d) and (7) amended and (8) added, p. 1541, � 3, effective July 1. L. 2004: (2)(d) amended, p. 1383, � 2, effective May 28.

Cross references: For the legislative declaration contained in the 1990 act

amending subsections (2)(d) and (7) and enacting subsection (8), see section 1 of chapter 256, Session Laws of Colorado 1990.

C.R.S. § 33-6-132

33-6-132. Computer-assisted remote hunting prohibited. (1) It is unlawful for any person to engage in computer-assisted remote hunting in Colorado. This subsection (1) shall apply if either the wildlife hunted or any device, equipment, or software, including, without limitation, the person's own computer, used to remotely control the weapon is located in Colorado.

(2)  It is unlawful for any person to establish or operate computer-assisted

remote hunting facilities in Colorado.

(3)  Any person who violates this section is guilty of a misdemeanor and, upon

conviction thereof:

(a)  For a first offense, shall be punished by a fine of not less than one

thousand dollars nor more than ten thousand dollars and an assessment of twenty license points;

(b)  For any subsequent offenses, shall be punished by a fine of not less than

ten thousand dollars nor more than one hundred thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. In addition to imposing such punishments, the commission may suspend any wildlife privileges of the person for a minimum of one year to a maximum of a lifetime suspension.

(4)  This section shall not apply to persons who provide only:


(a)  General-purpose equipment, including computers, cameras, and fencing

and building materials;

(b)  General-purpose computer software, including operating systems and

communication programs; or

(c)  General-purpose telecommunications hardware or networking services

for computers, including adapters, modems, servers, routers, and other facilities associated with internet access.

(5)  Nothing in this section shall preclude the division of parks and wildlife

from establishing a special licensing program for mobility-impaired hunters pursuant to section 33-4-119 and rules adopted pursuant to section 33-4-119 or from granting reasonable accommodations for persons with disabilities in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.

Source: L. 2008: Entire section added, p. 282, � 2, effective August 5.

PART 2

TRAPS, POISONS, AND SNARES

C.R.S. § 34-24-110

34-24-110. Abandoned mine to be covered - penalty. (1) Every abandoned or inactive mine endangering the life of man or beast shall be securely covered or fenced. It is the duty of the operator of such mine, upon the abandonment or cessation of operations therein or thereon, to securely cover or fence the same and post a No Trespassing sign bearing the name and address of the owner or operator. Anyone failing to securely cover or fence such mine or any person removing such fence or covering without permission of the operator commits a civil infraction. Such fine when assessed and paid shall be distributed as follows: Seventy-five percent to the office of active and inactive mines to be used to cover or fence mines that are dangerous to man or beast and twenty-five percent to the general fund of the state.

(2)  In the case of any abandoned mine or any inactive mine where the owner

or operator is unknown or cannot be found, the office of active and inactive mines has the right to erect a sign across or near the entrance of any such mine prohibiting the trespassing by any person, except as provided in section 34-24-112, into the mine and warning any trespasser that any such trespasser will be prosecuted and subject to the penalty provided for in subsection (3) of this section.

(3)  It is unlawful for any person to trespass into any mine. Any person so

trespassing commits a petty offense.

(4)  This provision shall not conflict with the requirements placed on those

mines regulated by the mined land reclamation board or office of mined land reclamation pursuant to the provisions of articles 32 and 33 of this title.

Source: L. 88: Entire article R&RE, p. 1197, � 5, effective July 1. L. 92: Entire

section amended, p. 1936, � 29, effective July 1. L. 2021: (1) and (3) amended, (SB 21-271), ch. 462, p. 3274, � 606, effective March 1, 2022.

Editor's note: This section is similar to former � 34-47-121 as it existed prior

to 1988.

C.R.S. § 34-24-111

34-24-111. Penalty for removing covering or fencing. Any person removing or destroying any covering or fencing placed around or over any mine as provided for in section 34-24-110 commits a petty offense.

Source: L. 88: Entire article R&RE, p. 1198, � 5, effective July 1. L. 2021: Entire

section amended, (SB 21-271), ch. 462, p. 3274, � 607, effective March 1, 2022.

Editor's note: This section is similar to former � 34-47-122 as it existed prior

to 1988.

C.R.S. § 35-21-202

35-21-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Business owner or operator means any person who owns or controls the

operations of a business.

(2) (a)  Cage-free housing system means an indoor or outdoor controlled

environment for egg-laying hens to which all of the following apply:

(I)  For an indoor environment, the egg-laying hens are free to roam

unrestricted except by the following:

(A)  Exterior walls; and


(B)  Interior fencing used to contain the entire egg-laying hen flock within the

building or subdivide flocks into smaller groups if farm employees can walk through each contained or subdivided area to provide care to egg-laying hens and if each egg-laying hen has the minimum amount of usable floor space described in section 35-21-203 (1)(b)(II);

(II)  Egg-laying hens are provided enrichments that allow them to exhibit

natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and

(III)  Farm employees can provide care while standing within the egg-laying

hens' usable floor space.

(b)  Cage-free housing system includes multi-tiered aviaries, partially

slatted systems, and single-level all-litter floor systems.

(c)  Cage-free housing system does not include systems commonly

described as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages, or similar cage systems.

(3)  Commissioner means the commissioner of agriculture.


(4)  Egg-laying hen means a female domesticated chicken, turkey, duck,

goose, or guinea fowl kept for the purpose of commercial egg production.

(5) (a)  Egg product means an egg of an egg-laying hen that is separated

from the shell and intended for human food, whether in liquid, solid, dried, or frozen form, whether raw or cooked, and with:

(I)  The egg yolk and egg white in their natural proportions; or


(II)  The egg yolk and egg white separated, mixed, or mixed and strained.


(b)  Egg product does not include combination food products, including

pancake mixes, cake mixes, cookies, pizzas, cookie dough, or ice cream, that include egg as one of multiple ingredients in the product; except that merely adding sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers, or similar food additives does not make an egg product a combination food product.

(6)  Enclosure means a structure used to confine an egg-laying hen.


(7) (a)  Farm means the land, building, support facilities, and other

equipment that are wholly or partially used for the commercial production of animals or animal products used for food.

(b)  Farm does not include live animal markets or official plants where

mandatory inspection is maintained under the federal Egg Products Inspection Act, 21 U.S.C. sec. 1031 et seq., as amended.

(8)  Farm owner or operator means a person that owns a farm or controls

the operations of a farm.

(9)  Multi-tiered aviary means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated platforms that provide the

egg-laying hens with usable floor space both on top of and underneath the platforms.

(10)  Partially slatted system means a cage-free housing system where

egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below the platform.

(11)  Sale means a commercial sale by a business that sells any item

covered by this part 2. Sale does not include any sale undertaken at an official plant where mandatory inspection is maintained under the federal Egg Products Inspection Act, 21 U.S.C. sec. 1031 et seq., as amended.

(12)  Shell egg means a whole egg of an egg-laying hen in its shell form,

intended for use as human food.

(13)  Single-level all-litter floor system means a cage-free housing system

bedded with litter where egg-laying hens have limited or no access to elevated flat platforms.

(14) (a)  Usable floor space:


(I)  Means the total square footage of floor space provided to each egg-laying

hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the number of egg-laying hens in that enclosure; and

(II)  Includes both ground space and elevated level or nearly level flat

platforms upon which egg-laying hens can roost.

(b)  Usable floor space does not include perches or ramps.


Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1071, � 1,

effective September 14.

C.R.S. § 35-27-125

35-27-125. Repeal of article - review of functions. This article 27 is repealed, effective September 1, 2031. Before the repeal, the registration functions of the commissioner are scheduled for review in accordance with section 24-34-104.

Source: L. 93: Entire article R&RE, p. 1021, � 1, effective July 1. L. 99: Entire

section amended, p. 190, � 8, effective March 31. L. 2009: Entire section amended, (SB 09-116), ch. 62, p. 220, � 1, effective July 1. L. 2020: Entire section amended, (HB 20-1184), ch. 145, p. 628, � 2, effective June 29.

Editor's note: This section was originally numbered as 35-27-127 in Senate

Bill 93-017 but has been renumbered on revision for ease of location.

ARTICLE 27.3

Colorado Seed Potato Act

35-27.3-101.  Short title. This article shall be known and may be cited as the

Colorado Seed Potato Act.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, � 5,

effective July 1.

35-27.3-102.  Legislative declaration. The general assembly hereby finds

and declares that the purpose of this article is to control and minimize the spread of contagious community diseases by reducing the overall inoculum pool present in potato crops. This article is further intended to comply with seed potato standards set forth in the state national harmonization program.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, � 5,

effective July 1.

35-27.3-103.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Advisory committee means the seed potato advisory committee created

in section 35-27.3-107.

(2)  Certified means certified by a certifying authority as meeting all

applicable laws and rules for certification of seed potatoes.

(3)  Certifying authority means the potato certification service of Colorado

state university or the authorized seed potato certifying agency of another state, territory, or country.

(4)  Commissioner means the commissioner of agriculture.


(5)  Community disease means a disease or pest that can move from field to

field during the potato growing season and is not confined to any single potato grower's operation. The term includes late blight and potato virus Y.

(6)  Cultivar means unique variety.


(7)  Department means the department of agriculture.


(8)  Distribute means to offer for sale, sell, barter, deliver, supply, furnish,

or otherwise provide seed potatoes.

(9)  Generation means one full seasonal growth cycle, including planting,

growing, harvesting, and storing.

(10)  Hundredweight means a unit of weight equal to one hundred pounds.


(11)  Official control, with respect to a crop of potatoes, means that the seed

potatoes used to produce the crop have been derived from certified seed, qualified seed, or tested, documented sources and found to be within the legal limits for all diseases and pests of concern.

(12)  Parent means one prior generation removed.


(13)  Person means any individual, partnership, association, corporation,

agency, or organized group of persons.

(14)  Progeny means the offspring or daughter tubers of a potato plant.


(15)  Qualified, with respect to seed potatoes, means that the seed potatoes

are derived from certified seed potatoes, have been inspected by a certifying authority and meet all applicable laws and rules for seed potato certification including official disease control standards, and are thus eligible for planting as seed.

(16)  Quarantine means a quarantine imposed by the commissioner pursuant

to section 35-4-110.

(17)  Seed potatoes means vegetatively propagated tubers used or

intended to be used for potato production.

(18)  State national harmonization program means the state national

harmonization program for seed potatoes developed by the plant protection and quarantine program of the animal and plant health inspection service in the United States department of agriculture.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1793, � 5,

effective July 1.

35-27.3-104.  Distribution of seed potatoes - rules. (1)  All seed potatoes

distributed by any person in lots that are sufficient to plant one or more acres in Colorado as determined by the commissioner by rule shall be certified by a certifying authority.

(2)  All lots of seed potatoes subject to subsection (1) of this section shall, at

the time of distribution, be accompanied by the following documents:

(a)  An official tag or bulk certificate indicating their status as certified seed

potatoes;

(b)  A certificate of shipping point inspection;


(c)  A North American plant health certificate issued by the certifying

authority for seed potatoes imported from outside Colorado; and

(d)  Any other documentation necessary to provide the information required

by subsection (3) of this section.

(3)  The documents described in subsection (2) of this section shall provide

the following:

(a)  A description of the grade of the seed potatoes;


(b)  The findings of field inspections and postharvest inspections conducted

on each lot of seed potatoes, including the name and amount of any diseases observed;

(c)  The generation of seed potatoes; and


(d)  Evidence that the seed potatoes were tagged, and, if imported from

outside Colorado, packed and sealed, under the certification standards of the state, territory, or country in which they were grown.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1794, � 5,

effective July 1.

35-27.3-105.  Minimum standards for planting seed potatoes - scope -

qualified seed potatoes - rules. (1) (a) Except as otherwise permitted under this section, no seed potatoes in lots that are sufficient to plant one or more acres as determined by the commissioner by rule shall be planted unless the potatoes have been certified.

(b)  Seed potatoes imported to Colorado shall meet the minimum standards

for certified seed set forth in the state national harmonization program and in any active applicable quarantine.

(2) (a)  A potato grower in Colorado may plant uncertified potatoes if:


(I)  The potatoes were grown and stored as part of that grower's farming

operations and the requirements of subsection (2)(b) of this section have been met; or

(II)  The uncertified potatoes are no more than one generation from certified

parent potatoes or qualified parent potatoes and the potato grower submits the uncertified potato seed stock to the certifying authority of Colorado for testing.

(b) (I)  A potato grower who intends to plant uncertified potatoes pursuant to

this subsection (2) must submit the uncertified potato seed stock to the certifying authority of Colorado for testing prior to planting.

(II)  The certifying authority of Colorado shall approve the uncertified potato

seed stock for planting if it meets the standards for such stock as established by the commissioner by rule.

(3)  In any year that the commissioner, after consulting with the advisory

committee, determines that there is an insufficient volume of any cultivar of certified seed potatoes and seed potatoes meeting the requirements of subsection (2) of this section, potato growers may apply to the advisory committee for permission to plant uncertified seed potatoes. Upon recommendation from the advisory committee, the commissioner may grant applying growers permission to plant uncertified Colorado-grown seed potatoes. Any such permission shall be valid for only that growing season. In no event shall any seed potatoes be planted when bacterial ring rot, late blight, or an unacceptable level of community diseases is present in the seed potatoes.

(4)  Repealed.


Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1795, � 5,

effective July 1. L. 2019: (4) repealed, (SB 19-147), ch. 100, p. 363, � 2, effective August 2. L. 2024: (2) amended, (SB 24-137), ch. 142, p. 524, � 2, effective August 7.

Cross references: For the legislative declaration in SB 24-137, see section 1

of chapter 142, Session Laws of Colorado 2024.

35-27.3-106.  Record-keeping requirements - annual record reviews. (1)

Each person growing potatoes in this state in lots of one acre or greater shall keep and maintain records, by cultivar and by field, of the hundredweight of potato cultivar or cultivars planted per field. The records shall contain the information required for an independent records review conducted pursuant to paragraph (b) of subsection (2) of this section. Growers shall maintain the records for a period of at least two years at the grower's business address.

(2) (a)  The commissioner shall select a qualified department employee to

perform a records review on at least ten percent of potato growers subject to this article 27.3 once every seed potato crop cycle. The commissioner shall determine a method for the annual random selection of growers. The area committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the Colorado Agricultural Marketing Act of 1939, article 28 of this title 35, shall pay the actual costs of such records reviews.

(b)  A records review performed pursuant to this section shall verify records

that trace back the grower's potatoes, including records that evidence the following:

(I)  Acreage planted by cultivar; and


(II)  Hundredweight and source of the seed used to plant the acreage, with

verifiable documents related to:

(A)  For seed potatoes purchased, the documents described in section 35-27.3-104 (2) and (3); or


(B)  For seed potatoes planted pursuant to section 35-27.3-105 (2), the

testing history and seed potatoes used to replant the grower's own operations.

(3)  Repealed.


Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1796, � 5,

effective July 1. L. 2019: (2)(a) amended and (3) repealed, (SB 19-147), ch. 100, p. 364, � 3, effective August 2.

35-27.3-107.  Advisory committee - created - members - terms - duties. (1)

(a) There is hereby created the seed potato advisory committee.

(b) (I)  The advisory committee consists of nine members appointed by the

commissioner as follows:

(A)  Four potato growers who do not grow seed potatoes and whose

operations are located in area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the Colorado Agricultural Marketing Act of 1939, article 28 of this title;

(B)  One potato grower who does not grow seed potatoes and whose

operation is located in area no. 3, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the Colorado Agricultural Marketing Act of 1939, article 28 of this title;

(C)  Two members of the Colorado Certified Potato Growers Association, or

its successor organization;

(D)  One person employed by Colorado state university; and


(E)  One potato grower who does not grow seed potatoes and whose

operation is located in area no. 1, area no. 2, or area no. 3, but with a preference for area no. 1, as each of these areas are established in the marketing order regulating the handling of potatoes grown in Colorado, as amended, issued under the Colorado Agricultural Marketing Act of 1939, article 28 of this title 35.

(II)  Whenever possible, the advisory committee member appointed under

subsection (1)(b)(I)(D) of this section must have knowledge of or experience with seed potatoes.

(2) (a)  Except as provided in subsection (2)(c) of this section, members

appointed to the advisory committee shall serve for terms of three years. Members may be appointed for an unlimited number of terms; except that no member shall serve more than two terms consecutively.

(b)  Repealed.


(c)  In the event of a vacancy on the advisory committee prior to the

completion of a member's full term, the commissioner shall appoint a person to complete the remainder of that term. The person so appointed shall represent the same group as the member the person is replacing, as set forth in subsection (1)(b) of this section.

(3)  The members shall receive no compensation or reimbursement from the

state of Colorado or the department for any expenses incurred in the exercise of their duties.

(4)  The advisory committee shall advise the commissioner in establishing

rules under this article 27.3, assist in the determination of availability of potatoes, recommend whether to grant permission to plant uncertified seed potatoes, and consult with the commissioner regarding the administration and enforcement of this article 27.3.

(5)  Repealed.


Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1797, � 5,

effective July 1. L. 2019: IP(1)(b)(I), (1)(b)(I)(C), (1)(b)(I)(E), (1)(b)(II), and (2)(a) amended and (2)(b) and (5) repealed, (SB 19-148), ch. 101, p. 366, � 2, effective August 2; (4) amended, (SB 19-147), ch. 100, p. 364, � 4, effective August 2. L. 2025: (2)(c) amended, (HB 25-1084), ch. 24, p. 116, � 83, effective August 6.

35-27.3-108.  Powers and duties of the commissioner - rules. (1)  In addition

to any other duties in this article 27.3, the commissioner shall:

(a)  Administer and enforce this article;


(b)  Adopt rules necessary for the administration and enforcement of this

article 27.3, including rules that:

(I)  Establish requirements for compliance verification, testing, sampling, and

inspection;

(II)  Specify quality or disease standards for potatoes;


(III)  Allow for the random selection of ten percent of potato growers subject

to the annual records review required under section 35-27.3-106 (2);

(IV)  Set standards for uncertified seed potato stock that may be planted

pursuant to section 35-27.3-105 (2)(b);

(V)  Establish methods for determining that bacterial ring rot or an

unacceptable level of community diseases is not present in seed potatoes planted under section 35-27.3-105 (3);

(VI)  Designate the type of records that must be kept by growers; and


(VII)  Set a schedule of fees for services performed by the department, which

fees must be billed to the committee for area no. 2, established in the marketing order regulating the handling of potatoes grown in the state of Colorado, as amended, issued pursuant to the Colorado Agricultural Marketing Act of 1939, article 28 of this title 35.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1798, � 5,

effective July 1. L. 2019: IP(1), IP(1)(b), and (1)(b)(VII) amended, (SB 19-147), ch. 100, p. 364, � 5, effective August 2.

35-27.3-109.  Inspections - access - investigations - subpoenas. (1)  The

commissioner, upon the commissioner's own motion or upon the recommendation of an independent auditor pursuant to section 35-27.3-106 (2), may make an investigation necessary to determine compliance with this article.

(2) (a)  For inspection purposes pursuant to subsection (1) of this section, the

commissioner shall have free and unimpeded access during regular business hours, either upon consent of the owner or upon obtaining an administrative search warrant, to inspect any records required to be kept pursuant to this article.

(b)  The commissioner may make copies of any records inspected pursuant to

paragraph (a) of this subsection (2).

(3) (a)  The commissioner has full authority to administer oaths; take

statements; issue subpoenas to compel the appearance of witnesses before the commissioner; issue subpoenas for the production of any books, memoranda, papers, or other documents, articles, or instruments; and compel disclosure by witnesses of all facts known to such witnesses relative to any matter under investigation.

(b)  Upon failure or refusal of any person to obey a subpoena issued pursuant

to paragraph (a) of this subsection (3), the commissioner may petition the district court to enter an order compelling such person to comply with the subpoena.

(c)  Failure to obey an order of the court entered pursuant to paragraph (b) of

this subsection (3) may be punishable as contempt of court.

(4)  Complaints of record made to the commissioner and the results of the

commissioner's investigations shall be closed to public inspection, except to the person in interest as defined in section 24-72-202 (4), C.R.S., or pursuant to court order, during the investigatory period and until dismissed or notice of hearing and charges are served.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, � 5,

effective July 1.

35-27.3-110.  Violations - civil penalties. (1) (a)  Except as otherwise provided

in this section, the commissioner may impose a civil penalty on a person who violates this article 27.3 or a rule adopted under this article 27.3.

(b)  Any person who plants or distributes potatoes in violation of this article

or any rule adopted pursuant to this article is subject to a civil penalty, as determined by the commissioner. The penalty imposed by the commissioner shall be at least twenty dollars per acre but shall not exceed one hundred dollars per acre per violation.

(c)  Any person who fails to maintain complete and accurate records pursuant

to section 35-27.3-106 or rules promulgated pursuant to section 35-27.3-108 (1)(b)(VII) is subject to a civil penalty of at least five hundred dollars but no more than one thousand dollars, as determined by the commissioner.

(2)  No civil penalty shall be imposed unless the person charged is given

notice and an opportunity for a hearing pursuant to article 4 of title 24, C.R.S.

(3)  If the commissioner is unable to collect a civil penalty or if any person

fails to pay all or a set portion of such civil penalty, the commissioner may bring suit in any court of competent jurisdiction to recover the penalty plus costs and attorney fees.

(4)  Moneys collected from any civil penalty imposed under this article shall

be paid to the state treasurer, who shall credit the same to the seed potato cash fund created in section 35-27.3-111.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1799, � 5,

effective July 1. L. 2019: (1)(a) amended, (SB 19-147), ch. 100, p. 364, � 6, effective August 2.

35-27.3-111.  Seed potato cash fund - created. All fees and civil fines

collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the seed potato cash fund, which fund is hereby created. All moneys credited to the fund and all interest earned on the investment of moneys in the fund shall remain in the fund and shall not be transferred or credited to the general fund or to any other fund except as directed by the general assembly acting by bill. In addition to any appropriation from the general fund, the general assembly shall make annual appropriations from the seed potato cash fund to the department to carry out the purposes of this article.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, � 5,

effective July 1.

35-27.3-112.  Repeal of article - review of functions. This article 27.3 is

repealed, effective September 1, 2028. Before the repeal, the certification functions of the commissioner are scheduled for review in accordance with section 24-34-104.

Source: L. 2010: Entire article added, (SB 10-072), ch. 384, p. 1800, � 5,

effective July 1. L. 2019: Entire section amended, (SB 19-147), ch. 100, p. 365, � 7, effective August 2.

ARTICLE 27.5

Forage Crop Certification

35-27.5-101.  Short title. This article shall be known and may be cited as the

Weed Free Forage Crop Certification Act.

Source: L. 93: Entire article added, p. 2035, � 1, effective June 9.


35-27.5-102.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Authorized inspector means a person qualified to identify noxious

weeds according to standards adopted by the commissioner pursuant to section 35-27.5-103.

(2)  Repealed.


(3)  Commissioner means the commissioner of agriculture.


(4)  Crop means any agricultural forage crop product whether cultivated or

not cultivated, irrigated or nonirrigated, planted or naturally occurring.

(5)  Department means the department of agriculture.


(6)  Noxious weeds means those weeds, including any weed seed or

propagative plant parts, designated by the commissioner as noxious and which are prohibited pursuant to section 35-27.5-103.

(7)  Person means any association, corporation, firm, individual or

combination of individuals, partnership, or society.

(8)  Qualified employee means an employee of the department designated

as qualified who is trained to identify noxious weeds in accordance with standards adopted by the commissioner pursuant to section 35-27.5-103.

(9)  Weed free means any crop certified as free of noxious weeds by the

commissioner pursuant to this article.

(10)  Weed free certification means crops inspected and certified as free of

noxious weeds by the commissioner pursuant to this article.

Source: L. 93: Entire article added, p. 2035, � 1, effective June 9. L. 94: (2)

repealed, p. 1645, � 76, effective May 31.

35-27.5-103.  Rules and regulations. (1)  The commissioner shall adopt

reasonable and necessary rules and regulations to carry out the provisions of this article in compliance with section 24-4-103, C.R.S., and subject to the requirements of section 35-27.5-107.

(2)  Rules and regulations adopted pursuant to subsection (1) of this section

shall include but shall not be limited to rules and regulations concerning the following:

(a)  Designation of weeds as noxious and prohibited;


(b)  Procedures for certification of weed free crops;


(c)  Qualification standards for persons seeking designation as authorized

inspectors or as qualified employees;

(d)  Crop inspection procedures;


(e)  Treatment procedures for the eradication of viable noxious weeds from

crops; and

(f)  Procedures for identifying and tracking certified weed free crops.


Source: L. 93: Entire article added, p. 2036, � 1, effective June 9.


35-27.5-104.  Delegation of duties - cooperative agreements. (1) (a)  The

commissioner may delegate any powers vested in the commissioner pursuant to this article to qualified employees of the department who are designated as qualified employees pursuant to standards adopted in accordance with section 35-27.5-103.

(b)  The commissioner may delegate any powers vested in the commissioner

pursuant to this article that are related to the duties of authorized inspectors to persons who are designated as authorized inspectors pursuant to standards adopted in accordance with section 35-27.5-103.

(2)  The commissioner may enter into cooperative agreements with Colorado

state university for the purpose of training authorized employees and qualified inspectors in the identification of those plants designated as noxious weeds by the commissioner pursuant to section 35-27.5-103.

(3)  For purposes of carrying out the provisions of this article and subject to

any other law of this state, the commissioner may accept grants-in-aid from any agency of the federal government and may cooperate and enter into agreements with any federal agency, any agency of any other state, and any agency of this state or its political subdivisions.

Source: L. 93: Entire article added, p. 2036, � 1, effective June 9.


35-27.5-105.  Administration and enforcement. (1)  The commissioner shall

administer and enforce the provisions of this article.

(2)  Upon the motion of the commissioner or upon the motion of any other

person, the commissioner may make any investigations necessary to ensure compliance with or determine whether there has been a violation of this article.

(3)  The commissioner shall have reasonable access during regular business

hours to all pertinent documents concerning any person who has requested that a crop be inspected for purposes of certification of such crop or who has had a crop certified as weed free.

(4) (a)  The commissioner may, after notice and a hearing in compliance with

the provisions of article 4 of title 24, C.R.S., resulting in a finding of a violation of this article or any rule or regulation promulgated pursuant to this article, rescind any weed free certification of a crop.

(b)  For purposes of paragraph (a) of this subsection (4), any action taken by

the commissioner following a hearing shall be deemed final.

(c)  A person aggrieved by a final decision made by the commissioner

pursuant to this subsection (4) may appeal such decision to the Colorado court of appeals pursuant to section 24-4-106 (11), C.R.S.

(d)  The commissioner may employ administrative law judges appointed

pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings.

Source: L. 93: Entire article added, p. 2037, � 1, effective June 9.


35-27.5-106.  Inspections. (1)  Any crop for which weed free certification is

sought shall be inspected in the field of origin and such inspection shall include an inspection of any ditches, fence rows, roads, easements, rights-of-way, and buffer zones, as applicable, surrounding such field of origin.

(2)  Crops which contain any weeds which have been designated as noxious

pursuant to section 35-27.5-103, may be certified if certain conditions established pursuant to section 35-27.5-103 are met.

Source: L. 93: Entire article added, p. 2038, � 1, effective June 9.


35-27.5-107.  Penalties. Any person who intentionally violates any provision

of this article 27.5 or the rules or regulations promulgated pursuant to section 35-27.5-103 commits a petty offense and shall be punished as provided in section 18-1.3-503.

Source: L. 93: Entire article added, p. 2038, � 1, effective June 9. L. 2002:

Entire section amended, p. 1548, � 312, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3278, � 626, effective March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act

amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.

35-27.5-108.  Colorado weed free crop certification fund - transfer of

moneys to plant health, pest control, and environmental protection cash fund - fees. (1) The commissioner shall set fees for the certification of weed free crops pursuant to this article in amounts adequate to cover all costs, direct and indirect, of the department in the administration and enforcement of this article.

(2)  All fees collected pursuant to this article shall be transmitted to the state

treasurer, who shall credit such fees to the plant health, pest control, and environmental protection cash fund created in section 35-1-106.3. Within sixty days after July 1, 2009, the unexpended and unencumbered balance of the Colorado weed free crop certification fund, as that fund existed prior to July 1, 2009, shall be transferred to the plant health, pest control, and environmental protection cash fund.

Source: L. 93: Entire article added, p. 2038, � 1, effective June 9. L. 2009: (2)

amended, (HB 09-1249), ch. 87, p. 319, � 14, effective July 1.

MARKETING AND SALES

ARTICLE 28

Marketing Act of 1939

C.R.S. § 35-43-213

35-43-213. Brand inspection - certificate - evidence. (1) Any livestock purchased for slaughter in Colorado from any source shall be inspected for brands and other identifying marks and a certificate issued by a brand inspector at the point of origin. Until the time of such inspection and certification, the person purchasing livestock shall hold the uninspected livestock separately and shall be responsible for the value of the livestock and the brand inspection fee until inspected and a certificate issued by a Colorado brand inspector.

(2)  The only evidence of inspection at point of origin acceptable under this

section shall be either the brand certificate issued and signed by the brand inspector who made the inspection or a current account of sale, showing the brands or other identifying characteristics carried by the livestock and issued by a custom meat processor licensed by the department or a packing plant licensed by the United States department of agriculture. Livestock purchased by private contract in states where brand inspection is not maintained shall be accompanied by a bill of sale showing brands and other identifying characteristics signed by the seller or the seller's agent and witnessed by the buyer or the buyer's agent.

(3)  Cattle fed by packers, either in their individual feed lots or in commercial

feed lots, are subject to this article.

Source: L. 2009: Entire part added with relocations, (SB 09-151), ch. 89, p.

346, � 2, effective July 1.

Editor's note: This section is similar to former � 12-11-111 as it existed prior to

2009.

ARTICLE 44

Estrays

Law reviews: For article, Colorado's Fence Law: An Overview of Open Range

and Fence Out Concepts, see 43 Colo. Law. 29 (March 2014).

C.R.S. § 35-45-110

35-45-110. Purposes of fund. The money deposited in the range improvement fund of any county shall be expended within such county for such purposes as may be directed by the board of district advisers of such grazing district or by the board of county commissioners in counties where there is no grazing district, including range improvements and maintenance, predatory animal control, rodent control, poisonous or noxious weed extermination, the purchase or rental of land and water rights, or for the purpose of the general welfare of livestock grazing within the district, or for any similar purpose.

Source: L. 37: p. 617, � 3. CSA: C. 160, � 166(3). L. 45: p. 602, � 3. CRS 53: � 8-8-10. C.R.S. 1963: � 8-8-10.

ARTICLE 46

Fence Law

Law reviews: For article, Colorado's Fence Law: An Overview of Open Range

and Fence Out Concepts, see 43 Colo. Law. 29 (March 2014).

C.R.S. § 35-46-101

35-46-101. Definitions. As used in this article, unless the context otherwise requires:

(1)  Lawful fence is a well-constructed three barbed wire fence with

substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency. Railroad right-of-way fences constructed in compliance with the statute in force on the date of construction and maintained in good condition shall be considered legal fences.

(2)  Livestock includes horses, cattle, mules, asses, goats, sheep, swine,

buffalo, and cattalo, but does not include alternative livestock as defined in section 35-41.5-102 (1).

Source: G.L. � 1202. L. 1879: p. 68, � 1. G.S. � 1461. L. 1885: p. 220, � 1. L.

1889: p. 164, � 1. R.S. 08: � 2587. L. 17: p. 342, � 1. C.L. � 3153. CSA: C. 160, � 56. L. 53: pp. 587, 592, �� 1, 10. CRS 53: �� 8-13-1, 8-13-10. C.R.S. 1963: �� 8-13-1, 8-13-10. L. 94: (2) amended, p. 1710, � 10, effective July 1.

C.R.S. § 35-46-102

35-46-102. Owner may recover for trespass. (1) Any person maintaining in good repair a lawful fence, as described in section 35-46-101, may recover damages for trespass and injury to grass, garden or vegetable products, or other crops of such person from the owner of any livestock which break through such fence. No person shall recover damages for such a trespass or injury unless at the time thereof such grass, garden or vegetable products, or crops were protected by such a lawful fence. Even though such land, grass, garden or vegetable products, or other crops were not at such time protected on all sides by a lawful fence, if it is proved by clear and convincing evidence that livestock have broken through a lawful fence on one side of such land to reach such land, grass, products, or crops, recovery and the remedies under this section may be had the same as if such land, grass, products, or crops had been at such time protected on all sides by a lawful fence.

(2)  Whenever a person stocks land, not enclosed by a lawful fence, on which

the person has a lawful right to pasture or forage livestock, with a greater number of livestock than the land can properly support or water and any of the livestock pasture, forage, or water on the lands of another person, in order to obtain the proper amount of pasture, forage, or water or whenever a person stocks with livestock land on which the person has no lawful right to pasture or forage livestock and the livestock pasture, forage, or water on such land or on other land on which the person has no right to pasture or forage livestock, the person shall be deemed a trespasser and shall be liable in damages and subject to injunction.

(3)  All damages sustained on account of the foregoing trespasses may be

recovered, together with costs of court and arbitration, and the livestock so trespassing may be taken up by the person damaged and held as security for the payment of such damages and costs. A court of competent jurisdiction in any proper case may issue an injunction to prevent further trespasses. In any action for trespass where the injury complained of has been aggravated and attended by a willful or reckless disregard of the injured person's rights, the board of arbitration, court, or jury may in addition to awarding actual damages include reasonable exemplary damages. Recovery may be had under this section either in a court of law or by arbitration as provided in section 35-46-103.

Source: L. 1885: p. 221, � 3. R.S. 08: � 2589. L. 17: p. 343, � 3. C.L. � 3155.

CSA: C. 160, � 58. L. 53: p. 587, � 3. CRS 53: � 8-13-2. C.R.S. 1963: � 8-13-2. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 131, � 128, effective August 6.

C.R.S. § 35-46-105

35-46-105. Grazing on roads and in municipalities - penalty. (1) It is unlawful for the owner or any person in charge of any livestock knowingly to cause or permit such livestock to graze or run at large in any incorporated or unincorporated municipality, lane, road, or public highway if the same is separated from the land or range of such owner or person in charge by a fence or other barrier sufficient to keep livestock from reaching such municipality, lane, road, or public highway. In case any such livestock so running at large is killed or injured by any vehicle, the owner, driver, or person in charge of such vehicle shall not be liable therefor if the killing or injury is not malicious, willful, or wanton. Nothing in this section shall be applicable to livestock having a person in charge when such livestock are being driven on or through such municipalities, lanes, roads, or public highways or when range livestock being ranged on their usual range or allotments have broken through maintained drift fences or cattle guards and are on the premises unknown to the owners.

(2)  Any person violating this section commits a civil infraction. It is the duty

of every Colorado state trooper, sheriff, or other peace officer to prefer charges against any person violating this section and take custody of such livestock and place them on feed and water. Such livestock may be placed by such officer in the custody of a responsible person who shall care for the same pending disposition of any court action under this section. The livestock may be held in case of conviction of the owner or other person in charge for the payment of any reasonable costs of handling, care, and feed and of court and for the payment of all fines which may be levied against said owner or other person in charge. In the event such costs and fine are not paid within ten days after the entry of judgment, such court, after reasonable notice to such owner and any known persons in interest as determined by the court, may order sufficient numbers of such livestock sold to pay such costs and fine.

(3)  In cases where such livestock are horses, mules, or burros of inferior

quality and of the apparent value of less than thirty-five dollars per head and the owner or any other person in interest cannot be found after reasonable search and inquiry, the state board of stock inspection commissioners, or its duly authorized representative, after posting of notice at a conspicuous place at the courthouse of the county where such livestock are found for a period of ten days, may sell such livestock at private or public sale as stated in said notice, and the proceeds of such sale remaining after the payment of all reasonable costs shall be held for the owner or other person in interest when found as is provided by law for estray funds.

Source: L. 17: p. 347, � 8. L. 21: p. 567, � 1. C.L. � 3160. CSA: C. 160, � 63. L.

39: p. 554, � 1. L. 47: p. 850, � 1. L. 53: p. 591, � 8. CRS 53: � 8-13-5. C.R.S. 1963: � 8-13-5. L. 2013: (2) amended, (HB 13-1300), ch. 316, p. 1698, � 111, effective August 7. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3283, � 644, effective March 1, 2022.

Cross references: For disposition of proceeds from sale of estrays, see � 35-44-106; for laws pertaining to hogs running at large, see � 35-43-125; for laws

pertaining to horses and mules running at large, see article 47 of this title 35; for powers of municipalities to restrain and impound estrays, see � 31-15-401 (1)(m).

C.R.S. § 35-46-107

35-46-107. Unlawful to break fence or open gate. It is unlawful for any person to willfully break down or cause to be broken down any fence or gate or to leave open any gate in such fence. This section shall not apply to the owner or occupant unless such owner or occupant causes such fence or gate to be broken down or left open with malicious intent.

Source: L. 17: p. 348, � 10. C.L. � 3162. CSA: C. 160, � 65. CRS 53: � 8-13-7.

C.R.S. 1963: � 8-13-7.

Cross references: For criminal mischief, see � 18-4-501.

C.R.S. § 35-46-111

35-46-111. Right-of-way fences. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1) and subsection (4) of this section, it is the duty of the department of transportation to maintain right-of-way fences constructed as of June 1, 1994, by the department at or near the boundary of the department's highway property in agriculturally zoned areas along and adjacent to all federal aid highways where such highways are maintained by the department. The department shall make repairs to such right-of-way fences when necessary only upon actual notice to the department. Neither the department nor the landowner is liable for any damages caused by the failure to adequately construct, maintain, or repair the right-of-way fence unless actual notice is given to the department.

(b)  If the department removes a right-of-way fence in an agriculturally zoned

area during a construction project, the department shall replace and maintain said fence unless the landowner and the department agree that said fence shall not be replaced.

(2)  In nonagriculturally zoned areas, the department may erect a right-of-way fence where the highway has been declared a freeway pursuant to section 43-3-101, C.R.S., or in areas that the landowner and the department agree that said

fence be erected. If the department erects a right-of-way fence or has previously erected a right-of-way fence where the highway has been declared a freeway, the department shall maintain and repair said fence when necessary upon actual notice to the department. Neither the department nor the landowner is liable for any damages caused by the failure to adequately construct, maintain, or repair the right-of-way fence unless actual notice is given to the department.

(3)  Upon actual notice, the department shall maintain right-of-way fences

constructed by the department, where highways are maintained by the department, at or near the boundary of the department's highway property adjacent to properties owned by municipalities unless otherwise agreed to in writing by the department and the municipality.

(4)  If, in both agriculturally and nonagriculturally zoned areas, the landowner

adjacent to an existing right-of-way fence and the department agree that said fence shall be removed, the right-of-way fence shall be removed by the department at its expense. If the landowner removes or causes the removal of the right-of-way fence without agreement by the department, the department shall not be required to reimburse the landowner for such removal, and the landowner shall be liable for any and all damages caused by the unauthorized removal of the fence.

(5)  If a right-of-way fence is either removed or not replaced pursuant to

subsection (1) or (4) of this section and the landowner who agreed that the fence be removed or not replaced or any subsequent landowner of property adjacent to the right-of-way later desires to erect a right-of-way fence, said fence may be erected by the landowner at the landowner's expense, but only upon prior agreement by the department. Such right-of-way fence shall be constructed in accordance with the standards applicable to the department at the time such fence is erected, and the department is required to make repairs to such right-of-way fence upon actual notice to the department. Liability for any damages caused by failure to adequately construct the right-of-way fence shall be borne by the landowner at the time the damages are incurred.

(6)  All agreements required pursuant to subsections (1) to (5) of this section

shall be in writing, be recorded by the department in the office of the county clerk and recorder of each county where the real property adjacent to the right-of-way is located, and be binding upon and notice to all persons or classes of persons claiming any interest in said property.

(7)  If a landowner and the department agree to either remove or not replace

a right-of-way fence pursuant to subsections (1) to (5) of this section and the landowner at the time of the agreement or any subsequent landowner does not maintain livestock, as defined in section 35-46-101 (2), on the land adjacent to a highway right-of-way, any livestock that enters the highway right-of-way through that land shall not be a dangerous condition pursuant to section 24-10-106 (1)(d), C.R.S. Neither the landowner nor the department shall be liable for any damages caused by such livestock because of the absence of such right-of-way fence.

(8)  If a person herds livestock along a highway adjacent to property from

which a fence has been removed pursuant to this section and any of the livestock strays onto that property, the landowner may not recover damages for trespass and injury to grass, garden or vegetable products, or other crops from the owner of the livestock unless the landowner can prove the person herding the livestock allowed the livestock to enter the property without making an effort to remove the livestock. Nothing in this section is intended to change the status of open range law and statutes relating to fences in Colorado.

(9)  Notwithstanding any other provision of this section, the department may

erect and maintain a right-of-way fence in any area at the department's expense, in its sole discretion, but the department has no duty to erect and maintain any fence at its expense.

Source: L. 35: p. 488, � 1. CSA: C. 160, � 71. CRS 53: � 8-13-12. C.R.S. 1963: �

8-13-12. L. 89: Entire section amended, p. 1408, � 1, effective July 1, 1990. L. 91: Entire section amended, p. 1074, � 58, effective July 1. L. 94: Entire section amended, p. 1113, � 1, effective May 19.

C.R.S. § 35-46-112

35-46-112. Partition fences. Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each tract to build one-half of the line fence, such fence to be a lawful fence as described in section 35-46-101. When the owner or tenant of any agricultural or grazing lands owns a previously erected lawful fence upon any line between such land and the agricultural or grazing lands of any other person, and such other person or anyone holding under such person, occupies the adjoining land, it is the duty of such owner to pay the person owning such fence one-half of its cash value.

Source: L. 1885: p. 221, � 4. R.S. 08: � 2590. L. 17: p. 344, � 4. C.L. � 3156.

CSA: C. 160, � 59. L. 53: p. 588, � 4. CRS 53: � 8-13-13. C.R.S. 1963: � 8-13-13.

C.R.S. § 35-46-113

35-46-113. Cost and repair - how recovered. Partition fences between agricultural and grazing land shall be erected and also kept in repair at the joint cost of the owners of the respective adjoining tracts, except as otherwise agreed by such owners. If, after thirty days' written notice, served personally or by registered mail by either the owner or tenant of one tract upon the owner or tenant of the other tract, such other owner neglects or refuses to erect or repair one-half of the partition fence, the person giving notice may proceed to erect or repair the entire partition fence and collect by a civil action at law one-half the entire cost of erecting or repairing the partition fence from the other owner. A judgment obtained against the owner of land for the value of the owner's share of any such partition fence or the repair of the partition fence is a lien upon the owner's land to which the fence is appurtenant, and a special execution may issue and be levied upon the land to which the fence is appurtenant, as in the manner now prescribed for the levying of an execution under the foreclosure of a mortgage upon real property. The land may be sold under sheriff's sale for the purpose of satisfying the special execution in the same manner as is now provided for the foreclosure of mortgages on real property.

Source: L. 1885: p. 221, � 5. R.S. 08: � 2591. L. 17: p. 344, � 5. C.L. � 3157.

CSA: C. 160, � 60. L. 53: p. 589, � 5. CRS 53: � 8-13-14. C.R.S. 1963: � 8-13-14. L. 2025: Entire section amended, (HB 25-1084), ch. 24, p. 133, � 132, effective August 6.

Cross references: For foreclosure of mortgages on real property, see articles

37 to 41 of title 38 and C.R.C.P. 120.

C.R.S. § 35-46-114

35-46-114. Fence may be removed - when. When any person unwittingly, or by mistake, erects a fence upon the land of another and when, by a line legally determined, that fact is ascertained, such person may enter upon such premises and remove such fence at any time within one year after giving or receiving notice that the line has been run; but when the fence to be removed forms any part of a fence enclosing a field of the other party, having a crop thereon, such first person shall not remove such fence until such crop can, with reasonable diligence, be gathered and secured.

Source: L. 1885: p. 222, � 7. R.S. 08: � 2593. C.L. � 3169. CSA: C. 160, � 73.

CRS 53: � 8-13-15. C.R.S. 1963: � 8-13-15.

C.R.S. § 35-46-115

35-46-115. Electric fences - approval by department of agriculture. (Repealed)

Source: L. 71: p. 170, � 1. C.R.S. 1963: � 8-13-16. L. 77: Entire section repealed,

p. 293, � 13, effective May 26.

ARTICLE 47

Livestock - Running at Large

Cross references: For estrays, see article 44 of this title 35.

C.R.S. § 35-48-103

35-48-103. Inferior bulls or rams - penalty. (1) It is unlawful for any person, firm, or corporation to permit any inferior bull over the age of one year or any inferior ram over the age of two months to run at large in this state. Any bull shall be considered an inferior bull that is not registered or eligible for registration as a purebred animal.

(2)  A person permitting cows of which the person is the owner or agent of

the owner to run at large upon the public ranges of this state shall furnish during breeding season at least one registered purebred bull of one of the recognized beef breeds, not less than eighteen months of age, for every twenty-five head of cows or fraction thereof over ten head so permitted to run at large in this state. An owner or agent of the owner shall not permit a jersey, holstein, guernsey, ayrshire, or other bull that is not registered or eligible for registration as one of the recognized beef breeds to run at large in this state under any pretense whatever, and, should any such bull break through any enclosure surrounded by a lawful fence, the owner of the animal is liable for all damages occasioned by such trespass.

(3)  Any person violating any of the provisions of this section commits a civil

infraction.

Source: L. 21: p. 756, � 1. C.L. � 3258. L. 31: p. 760, � 1. CSA: C. 160, � 188.

CRS 53: � 8-9-10. C.R.S. 1963, � 8-9-10. L. 67: p. 314, � 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3283, � 647, effective March 1, 2022. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 133, � 134, effective August 6.

C.R.S. § 35-72-102

35-72-102. Duty of landowner - liability for damage. (1) To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or biennial crops and by treatment consisting of listing, chiseling, and similar practices at such times and in such manner as will prevent or minimize erosion of the soil and soil blowing. If soil blowing is evident, such practices shall include, to the extent practicable, leaving stubble residue on top of the soil.

(2)  An owner or occupier who sustains damages to property, including but

not limited to crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock, proximately caused by the failure of an owner or occupier of other land to discharge the other owner's duty to prevent soil blowing from land the other owner owns or occupies may recover actual damages from the other owner or occupier by bringing an action in any court of competent jurisdiction.

(3)  A unit of state government or an agency of the state or federal

government that sustains damages to its property, including roads, barrow ditches, or fences, proximately caused by the failure of an owner or occupier of land to discharge the owner's or occupier's duty to prevent soil blowing from the land may recover actual damages from the owner or occupier by bringing an action in any court of competent jurisdiction.

(4)  Such recourse to the court may be taken only upon demonstration that

such owner, occupier, unit, or agency of government allegedly sustaining damages has submitted a written report of soil blowing to the board pursuant to section 35-72-103.

(5)  In any action brought under this section, any preventive practice followed

by an owner or occupier pursuant to a citation issued by a board pursuant to the provisions of section 35-72-103 is not an admission of tort liability, in any such action, and no determination of the board shall give rise to a presumption of negligence or lack of negligence of an owner or occupier.

(6)  The provisions of this section shall not apply to any land less than one

acre in area.

Source: L. 54, 2nd Ex. Sess.: p. 22, � 2. CRS 53: � 128-3-2. C.R.S. 1963: �

128-3-2. L. 81: Entire section amended, p. 1695, � 2, effective July 1. L. 83: Entire section amended, p. 1376, � 3, effective May 12. L. 2025: (2) and (3) amended, (HB 25-1084), ch. 24, p. 145, � 177, effective August 6.

C.R.S. § 35-72-103

35-72-103. Action by county commissioners - emergency conditions. (1) (a) When the board of a county of the state is advised in writing or otherwise informed that soil is blowing from land in the county; the board is supplied with a description of the land; and it appears that private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or roads, barrow ditches, fences or other public property is being damaged by the blowing soil, the board shall as soon as practicable:

(I)  Give notice of the complaint to the owner or occupier of the land from

which soil is blowing; and

(II)  Inspect or order the inspection of the land.


(b)  If the board finds, after consultation with the local district board of

directors, the state conservation board, or an extension agent with expertise in soil conservation or soil science, and after consultation with local owners or occupiers, including the owner or occupier of the land from which soil is blowing, that soil is blowing from the land in sufficient quantity to be injurious to private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other land, or to roads, barrow ditches, fences, or other public property because of soil being blown thereon, the board shall determine what, if anything, can be done to prevent or materially lessen the blowing of soil from the land. If the board determines, after the consultation, that the complaint lodged with it falls under article 3.5 of this title, the board shall not take further action. If the board finds, after the consultation, that an emergency exists, that the blowing is occurring, that property damage appears to be resulting from the blowing soil, and that it can be prevented or materially lessened by treatment of the soil, the board shall issue a citation to the owner as listed upon the records of the county assessor and to the occupier, if known to the board, specifying the nature of the treatment required and the extent thereof, the date by which the treatment is to be commenced, and the date it is to be completed.

(2)  Notice of the citation shall be given by personal communication, if

possible, and by mailing a copy of the citation by registered mail addressed to each of the persons to whom the citation is directed at the address as shown on the records of the county assessor; otherwise, service of such citation shall be made as provided by the Colorado rules of civil procedure for the service of summons. Such citation shall also be posted in a public place in the county courthouse in the county in which said land is located. If such treatment is not commenced on or before three days or within such greater time as may be specified in such citation after the date of such personal communication, mailing, and posting or the service of notice as provided in this subsection (2), or if the treatment is not performed in the manner and to the extent specified in the citation and with due diligence, or if, prior to the expiration of the date fixed in said citation, the persons to whom said citation is directed advise the board that they do not intend to or cannot accomplish the work so directed, the board may cause such treatment to be performed in accordance with such citation.

(3)  The provisions of this section shall not apply to any land less than one

acre in area.

Source: L. 54, 2nd Ex. Sess.: p. 22, � 3. CRS 53: � 128-3-3. C.R.S. 1963: �

128-3-3. L. 65: p. 1060, � 1. L. 81: (1) and (2) amended, p. 1695, � 3, effective July 1. L. 83: Entire section amended, p. 1377, � 4, effective May 12. L. 2002: (1) amended, p. 516, � 9, effective July 1. L. 2014: (1) amended, (SB 14-052), ch. 43, p. 214, � 1, effective August 6. L. 2025: (2) amended, (HB 25-1084), ch. 24, p. 145, � 178, effective August 6.

C.R.S. § 36-1-153

36-1-153. Investment and development fund. (1) There is hereby created the state board of land commissioners investment and development fund, referred to in this section as the fund. The fund shall consist of moneys credited to the fund pursuant to section 36-1-116 (1)(b)(II). Any balance in the fund at the close of a fiscal year and any interest earned on moneys in the fund shall remain in the fund and shall not revert to the permanent school fund. The fund is to be under the control of and to be administered by the state board of land commissioners. Moneys in the fund shall be continuously appropriated to the state board for the purposes set forth in this section.

(2) (a)  Money in the fund shall be used at the discretion of the state board of

land commissioners to hire staff, contract for services, make purchases, make annual payments on any financed purchase of an asset or certificate of participation agreements the state board instructed the state treasurer to enter into as allowed in section 36-1-118.5, and take such other actions as the state board deems appropriate to provide for the development of additional value-added benefit for the state's trust lands, including both portfolio enhancement and additional income. Such actions may include, but are not limited to, the rezoning, platting, master planning, or other development activities that increase the value of or rate of return from the state's trust lands. The state board of land commissioners may also use up to one million dollars per fiscal year of the money in the fund for asset maintenance, including, but not limited to, upkeep and replacement of buildings, agricultural sprinklers, fences, windmills, and water wells.

(b)  The state board of land commissioners shall notify the state treasurer in

writing of the amount that needs to be transferred from the investment and development fund to the state board of land commissioners financed fund created in section 36-1-118.5 (7), and no later than thirty days after receipt of such notification, the state treasurer shall transfer such sum to the state board of land commissioners financed fund created in section 36-1-118.5 (7).

(3)  The controller shall authorize disbursements from the fund as directed by

the state board of land commissioners on receipt of a voucher from the state board stating that the disbursement is to accomplish a purpose set forth in this section.

(4)  On or before November 1, 2011, and on or before each November 1

thereafter, the state board of land commissioners shall deliver information on the portfolio enhancement and additional income generated as a result of this section, including information detailing the use of the fund for asset maintenance, as specified in section 36-1-102 (8). Each report shall include estimates of the increase in portfolio enhancement and income for the then-current fiscal year and the five succeeding state fiscal years.

(5) and (6)  Repealed.


Source: L. 2005: Entire section added, p. 537, � 2, effective May 24. L. 2009:

(5) and (6) repealed, (SB 09-022), ch. 246, p. 1111, � 4, effective May 14. L. 2011: (4) amended, (SB 11-029), ch. 51, p. 133, � 2, effective August 10. L. 2013: (2) amended, (HB 13-1274), ch. 376, p. 2215, � 5, effective June 5. L. 2015: (2)(a) and (4) amended, (HB 15-1245), ch. 97, p. 277, � 2, effective April 13. L. 2021: (2) amended, (HB 21-1316), ch. 325, p. 2061, �75, effective July 1.

Cross references: For the legislative declaration in HB 15-1245, see section 1

of chapter 97, Session Laws of Colorado 2015.

C.R.S. § 36-2-111

36-2-111. Neglect to occupy - fence - plow. A neglect to occupy the claim, or to inclose at least five acres with a reasonable fence, or to plow at least five acres of the same for the period of six months shall be considered such an abandonment as to preclude the claimant from maintaining any of the actions stated in section 36-2-108.

Source: R.S. p. 533, � 11. G.L. � 2134. G.S. � 2684. R.S. 08: � 5130. C.L. � 1113.

CSA: C. 134, � 11. CRS 53: � 112-1-11. C.R.S. 1963: � 112-1-11.

Cross references: For applicability of section, see � 36-2-114.

C.R.S. § 37-3-103

37-3-103. General powers. (1) To protect life and property within the district; and to protect or relieve land subject to overflowing or washing, or that is menaced or threatened by the normal flow, flood, surplus, or overflow of waters of any natural watercourse, stream, canyon, or wash, whether perennial, intermittent, or flood; and to effect the protection of the land and other property in the district; and to accomplish all other purposes of the district, the board of directors is authorized:

(a)  To clean out, straighten, widen, alter, deepen, or change the course or

terminus of any ditch, drain, sewer, river, watercourse, pond, lake, creek, or natural stream in or out of said district;

(b)  To fill up any abandoned or altered ditch, drain, sewer, river, watercourse,

pond, lake, creek, or natural stream and to concentrate, divert, or divide the flow of water in or out of said district;

(c)  To construct and maintain main and lateral ditches, sewers, canals,

levees, dikes, dams, sluices, revetments, reservoirs or retarding basins, floodways, pumping stations and syphons, and any other works and improvements deemed necessary to construct, preserve, operate, or maintain the works in or out of said district;

(d)  To construct, reconstruct, or enlarge or cause to be constructed,

reconstructed, or enlarged any bridges that may be needed in or out of said district;

(e)  To construct, reconstruct, or elevate roadways and streets;


(f)  To construct or reconstruct any works and improvements along, across,

through, or over any public highway, canal, railroad right-of-way, track, grade, fill, or cut, in or out of said district;

(g)  To remove or change the location of any fence, building, railroad, canal,

or other improvements in or out of said district;

(h)  To acquire by donation, purchase, or condemnation, to construct, own,

lease, use, and sell, and to hold, encumber, control, and maintain any easement, water right, railroad right-of-way, canal, sluice, reservoir or retarding basin, mill dam, water power, work, franchise, park, cemetery, or other public way or place, or any real or personal property, public or private, in or out of said district, for rights-of-way or retarding basins, or for materials of construction, or for any other use not inconsistent with the purposes of articles 1 to 8 of this title;

(i)  To replot or subdivide land, open new roads, parks, streets, and alleys, or

change the location of existing ones;

(j)  To cause the dissolution of the district pursuant to article 3.5 of this title;


(k)  To participate in the development of parks and recreational facilities

within the boundaries of the district, including the development of trails, greenways, and riverfronts, and to consider such participation a current expense of the district; and

(l)  To participate in artistic and beautification projects that improve the

aesthetic appearance of waterways within the boundaries of the district and to consider such participation a current expense of the district.

(2)  Nothing in articles 1 to 8 of this title shall be construed to grant to any

conservancy district organized under said articles the power to regulate or administer water rights or to take or damage such water rights, except upon payment of compensation.

Source: L. 22: p. 25, � 15. C.L. � 9529. CSA: C. 138, � 140. CRS 53: � 30-3-8. L.

57: p. 298, � 1. C.R.S. 1963: � 29-3-8. L. 81: (1)(j) added, p. 1746, � 1, effective May 28. L. 94: (1)(k) added, p. 577, � 2, effective April 7. L. 2020: IP(1) and (1)(k) amended and (1)(l) added, (SB 20-025), ch. 11, p. 46, � 1, effective September 14.

C.R.S. § 37-3-106

37-3-106. Regulations to protect works. (1) Where necessary, in order to secure the best results from the execution and operation of the plans of the district or to prevent damage to the district by the deterioration or misuse or by the pollution of the waters of any watercourse therein, the board of directors may make regulations for and may prescribe the manner of building bridges, roads, fences, or other works in, into, along, or across any channel, reservoir, or other construction; and may prescribe the manner in which ditches or other works shall be adjusted to or connected with the works of the district or any watercourse therein; and, when not in conflict with the rules of the water quality control commission, may prescribe the manner in which the watercourses of the district may be used for sewer outlets or for disposal of waste.

(2)  The construction of any works in a manner harmful to the district or to

any watercourse therein, and in a manner contrary to that specified by the board of directors, is a misdemeanor, punishable by a fine of not more than one thousand dollars. The directors have authority to enforce by mandamus or other legal proceedings all necessary regulations made by them and authorized by articles 1 to 8 of this title and may remove any harmful construction or may close any opening improperly made. Any person, corporation, or municipality willfully failing to comply with such regulations is liable for all damage caused by such failure and for the cost of renewing any construction damaged or destroyed.

Source: L. 22: p. 28, � 19. C.L. � 9533. CSA: C. 138, � 144. CRS 53: � 30-3-12.

C.R.S. 1963: � 29-3-12. L. 2019: (1) amended, (HB 19-1071), ch. 17, p. 63, � 3, effective August 2.

Cross references: For the legislative declaration in HB 19-1071, see section 1

of chapter 17, Session Laws of Colorado 2019.

C.R.S. § 38-12-223

38-12-223. Tenancy and park sale records. (1) A landlord shall retain records for each home owner and resident throughout the home owner's or resident's tenancy and for twelve months after the tenancy ends, including documentation of:

(a)  Each rental agreement signed by the home owner or resident and the

current or previous landlord;

(b)  The date and amount of any change in rent during the home owner's or

resident's tenancy;

(c)  Written rules and regulations adopted by the current or previous landlord

during the home owner's or resident's tenancy;

(d)  Each request from the home owner or resident relating to the following,

including whether the landlord at the time approved or disapproved each request:

(I)  Guests, roommates, occupants, co-lessees, or sub-lessees;


(II)  Pets or service animals;


(III)  Accessory buildings or structures, including sheds and carports;


(IV)  Decks, fences, wheelchair ramps, or other structural changes to the

home or lot;

(V)  Use of property related to parking of vehicles and use of vehicles; and


(VI)  A request from the resident or home owner that notices, disclosures, or

other communications be provided in a language other than English;

(e)  A payment ledger that documents any rent or other type of payment from

a resident or home owner, the amount paid, and the date the payment was made; and

(f)  Written notices, disclosures, or other communications provided to

residents and home owners who have requested that the landlord provide notices, disclosures, or other communications in a language other than English.

(2)  A landlord who is selling or transferring a mobile home park shall

maintain all records related to compliance with section 38-12-217 for a minimum of forty-eight months after any sale or transfer of a mobile home park is complete, including but not limited to:

(a)  Notices mailed or given to home owners pursuant to sections 38-12-217

(1) and (2);

(b)  Postings pursuant to section 38-12-217 (1)(c), including any forms for

home owners to provide notice that they do not wish to participate in efforts to purchase the community;

(c)  Signed writings provided by home owners to the park owner declining to

participate in purchasing the park pursuant to section 38-12-217 (1)(c);

(d)  Offers to purchase and proposed purchase and sale agreements

submitted to the landlord by a group or association of home owners or their assignees pursuant to section 38-12-217 (4);

(e)  Requests for information from a group or association of home owners or

their assignees participating in the opportunity to purchase and the landlord's responses to the requests for information pursuant to section 38-12-217 (5)(a); and

(f)  Offers to purchase and any conditional and unconditional purchase and

sale agreements submitted by the successful purchaser of the mobile home park.

(3)  Upon the sale or transfer of a mobile home park, the seller must transfer

all records maintained under subsection (1) of this section to the new owner.

(4)  If an issue arises as to a resident's right to any of the matters described in

subsection (1)(c) or (2) of this section and the landlord has not retained adequate records for that resident, the landlord shall be presumed to have violated this part 2 unless the landlord demonstrates compliance by a preponderance of the evidence.

(5)  The division may promulgate rules concerning the implementation of this

section, including requirements concerning:

(a)  How a person may access or obtain copies of records retained pursuant

to this section and any restrictions on who may access records retained pursuant to this section;

(b)  What fees or costs, if any, may be imposed for obtaining copies of records

retained pursuant to this section;

(c)  Confidentiality protections for personally identifying information included

in records retained pursuant to this section;

(d)  Secure destruction of records once the period of retention has passed;

and

(e)  Penalties for violations of this section.


(5.5)  Notwithstanding the provisions of subsection (5) of this section, at any

point during a tenancy or twelve months after a tenancy has ended, a resident may request a copy of their payment ledger and the landlord shall provide a copy within ten calendar days.

(6)  If a current or former management or landlord violates this section, a

home owner may file a complaint pursuant to section 38-12-1105. On and after July 1, 2024, or earlier if allowed by the division, a resident who does not own a mobile home in the park, a local government, or a nonprofit may file such a complaint.

Source: L. 2022: Entire section added, (HB 22-1287), ch. 255, p. 1877, � 20,

effective October 1. L. 2024: (1)(c), (1)(d)(IV), and (1)(d)(V) amended and (1)(d)(VI), (1)(e), (1)(f), and (5.5) added, (HB 24-1294), ch. 399, p. 2743, � 16, effective June 30.

C.R.S. § 38-22-101

38-22-101. Liens in favor of whom - when filed. (1) Every person who furnishes or supplies laborers, machinery, tools, or equipment in the prosecution of the work, and mechanics, materialmen, contractors, subcontractors, builders, and all persons of every class performing labor upon or furnishing directly to the owner or persons furnishing labor, laborers, or materials to be used in construction, alteration, improvement, addition to, or repair, either in whole or in part, of any building, mill, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, or any other structure or improvement upon land, including adjacent curb, gutter, and sidewalk, and also architects, engineers, draftsmen, and artisans who have furnished designs, plans, plats, maps, specifications, drawings, estimates of cost, surveys, or superintendence, or who have rendered other professional or skilled service, or bestowed labor in whole or in part, describing or illustrating, or superintending such structure, or work done or to be done, or any part connected therewith, shall have a lien upon the property upon which they have furnished laborers or supplied machinery, tools, or equipment or rendered service or bestowed labor or for which they have furnished materials or mining or milling machinery or other fixtures, for the value of such laborers, machinery, tools, or equipment supplied, or services rendered or labor done or laborers or materials furnished, whether at the instance of the owner, or of any other person acting by the owner's authority or under the owner, as agent, contractor, or otherwise for the laborers, machinery, tools, or equipment supplied, or work or labor done or services rendered or laborers or materials furnished by each, respectively, whether supplied or done or furnished or rendered at the instance of the owner of the building or other improvement, or the owner's agent; and every contractor, architect, engineer, subcontractor, builder, agent, or other person having charge of the construction, alteration, addition to, or repair, either in whole or in part, of said building or other improvement shall be held to be the agent of the owner for the purposes of this article.

(2)  In case of a contract for the work, between the reputed owner and a

contractor, the lien shall extend to the entire contract price, and such contract shall operate as a lien in favor of all persons performing labor or services or furnishing laborers or materials under contract, express or implied, with said contractor, to the extent of the whole contract price; and after all such liens are satisfied, then as a lien for any balance of such contract price in favor of the contractor.

(3)  All such contracts shall be in writing when the amount to be paid

thereunder exceeds five hundred dollars, and shall be subscribed by the parties thereto. The contract, or a memorandum thereof, setting forth the names of all the parties to the contract, a description of the property to be affected thereby, together with a statement of the general character of the work to be done, the estimated total amount to be paid thereunder, together with the times or stages of the work for making payments, shall be filed by the owner or reputed owner, in the office of the county clerk and recorder of the county where the property, or the principal portion thereof, is situated before the work is commenced under and in accordance with the terms of the contract. In case such contract, or a memorandum thereof, is not so filed, the labor done and materials furnished by all persons shall be deemed to have been done and furnished at the personal instance of the owner, and such persons shall have a lien for the value thereof.

(4)  For the purposes of this article, the value of labor done shall include, but

not be limited to, the payments required under any labor contract to any trust established for the provision of any pension, profit-sharing, vacation, health and welfare, prepaid legal services, or apprentice training benefits for the use of the employees of any contractors, and the trustee of any such trust shall have a lien therefor.

(5)  All claimants who establish the right to a lien or claim under any of the

provisions of this article shall be entitled to receive interest on any such lien or claim at the rate provided for under the terms of any contract or agreement under which the laborers were furnished or the labor or material was supplied or, in the absence of an agreed rate, at the rate of twelve percent per annum.

(6)  Repealed.


Source: L. 1899: p. 261, � 1. R.S. 08: � 4025. C.L. � 6442. CSA: C. 101, � 15.

CRS 53: � 86-3-1. C.R.S. 1963: � 86-3-1. L. 65: p. 849, � 1. L. 69: p. 692, � 1. L. 75: (4) and (5) added, p. 1422, � 1, effective October 1. L. 2000: (1), (2), and (5) amended and (6) added, p. 204, � 1, effective August 2. L. 2025: (6) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

Editor's note: Subsection (6) was relocated to � 38-22-100.3 in 2025.


Cross references: For liens for surveyors and civil and mining engineers, see

� 38-22-121.

C.R.S. § 38-22-105

38-22-105. Property subject to lien - notice. (1) Any building, mill, manufactory, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, and every structure or other improvement mentioned in this article, constructed, altered, added to, removed to, or repaired, either in whole or in part, upon or in any land with the knowledge of the owner or reputed owner of such land, or of any person having or claiming an interest therein, otherwise than under a bona fide prior recorded mortgage, deed of trust, or other encumbrance, or prior lien shall be held to have been erected, constructed, altered, removed, repaired, or done at the instance and request of such owner or person, including landlord or vendor, who by lease or contract has authorized such improvements, but so far only as to subject his interest to a lien therefor as provided in this section.

(2)  Such interest so owned or claimed shall be subject to any lien given by

the provisions of this article, unless such owner or person within five days after obtaining notice of the erection, construction, alteration, removal, addition, repair, or other improvement, gives notice that his or her interests shall not be subject to any lien for the same by serving a written or printed notice to that effect, personally, upon all persons performing labor or furnishing laborers, materials, machinery, or other fixtures therefor, or within five days after such owner or person has obtained notice of the erection, construction, alteration, removal, addition, repair, or other improvement, or notice of the intended erection, construction, alteration, removal, addition, repair, or other improvement gives such notice by posting and keeping posted a written or printed notice in some conspicuous place upon said land or upon the building or other improvements situate thereon.

(3)  This section shall not apply to coowners of unincorporated canals,

ditches, flumes, aqueducts, and reservoirs nor to the enforcement of article 23 of this title. The provisions of this section shall not be construed to apply to any owner or person claiming any interest in such property, the interest of whom is subject to a lien pursuant to the provisions of section 38-22-101.

Source: L. 1899: p. 267, � 5. R.S. 08: � 4029. C.L. � 6446. CSA: C. 101, � 19.

CRS 53: � 86-3-5. C.R.S. 1963: � 86-3-5. L. 65: p. 851, � 3. L. 2000: (2) amended, p. 207, � 5, 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,

or religious expression - public rights-of-way - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - fire-hardened building materials - operation of businesses - definitions. (1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following:

(a)  The display of a flag on a unit owner's property, in a window of the unit, or

on a balcony adjoining the unit. The association shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the association may prohibit flags bearing commercial messages. The association may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole.

(b)  Repealed.


(c)  The display of a sign by the owner or occupant of a unit on property

within the boundaries of the unit or in a window of the unit. The association shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the association may prohibit signs bearing commercial messages. The association may establish reasonable, content-neutral sign regulations based on the number, placement, or size of the signs or on other objective factors.

(c.5) (I)  The display of a religious item or symbol on the entry door or entry

door frame of a unit; except that an association may prohibit the display or affixing of an item or symbol to the extent that it:

(A)  Threatens public health or safety;


(B)  Hinders the opening or closing of an entry door;


(C)  Violates federal or state law or a municipal ordinance;


(D)  Contains graphics, language, or any display that is obscene or otherwise

illegal; or

(E)  Individually or in combination with other religious items or symbols,

covers an area greater than thirty-six square inches.

(II)  If an association is performing maintenance, repair, or replacement of an

entry door or door frame that serves a unit owner's separate interest, the unit owner may be required to remove a religious item or symbol during the time the work is being performed. After completion of the association's work, the unit owner may again display or affix the religious item or symbol. The association shall provide individual notice to the unit owner regarding the temporary removal of the religious item or symbol.

(III)  As used in this subsection (1)(c.5), religious item or symbol means an

item or symbol displayed because of a sincerely held religious belief.

(d)  The parking of a motor vehicle by the occupant of a unit on a street,

driveway, or guest parking area in the common interest community if the vehicle is required to be available at designated periods at such occupant's residence as a condition of the occupant's employment and all of the following criteria are met:

(I)  The vehicle has a gross vehicle weight rating of ten thousand pounds or

less;

(II)  The occupant is a bona fide member of a volunteer fire department or is

employed by a primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services;

(III)  The vehicle bears an official emblem or other visible designation of the

emergency service provider; and

(IV)  Parking of the vehicle can be accomplished without obstructing

emergency access or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces within the common interest community.

(d.5) (I)  The use of a public right-of-way in accordance with a local

government's ordinance, resolution, rule, franchise, license, or charter provision regarding use of the public right-of-way. Additionally, the association shall not require that a public right-of-way be used in a certain manner.

(II)  As used in this subsection (1)(d.5), local government means a statutory

or home rule county, municipality, or city and county.

(e)  The removal by a unit owner of trees, shrubs, or other vegetation to

create defensible space around a dwelling for fire mitigation purposes, so long as such removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by a local governmental entity to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located, and is no more extensive than necessary to comply with such plan. The plan shall be registered with the association before the commencement of work. The association may require changes to the plan if the association obtains the consent of the person, official, or agency that originally created the plan. The work shall comply with applicable association standards regarding slash removal, stump height, revegetation, and contractor regulations.

(f)  (Deleted by amendment, L. 2006, p. 1215, � 2, effective May 26, 2006.)


(g)  Reasonable modifications to a unit or to common elements as necessary

to afford a person with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);

(h) (I)  The right of a unit owner, public or private, to restrict or specify by

deed, covenant, or other document:

(A)  The permissible sale price, rental rate, or lease rate of the unit; or


(B)  Occupancy or other requirements designed to promote affordable or

workforce housing as such terms may be defined by the local housing authority.

(II) (A)  Notwithstanding any other provision of law, the provisions of this

subsection (1)(h) shall only apply to a county the population of which is less than one hundred thousand persons and that contains a ski lift licensed by the passenger tramway safety board created in section 12-150-104 (1).

(B)  The provisions of this paragraph (h) shall not apply to a declarant-controlled community.


(III)  Nothing in subparagraph (I) of this paragraph (h) shall be construed to

prohibit the future owner of a unit against which a restriction or specification described in such subparagraph has been placed from lifting such restriction or specification on such unit as long as any unit so released is replaced by another unit in the same common interest community on which the restriction or specification applies and the unit subject to the restriction or specification is reasonably equivalent to the unit being released in the determination of the beneficiary of the restriction or specification.

(IV)  Except as otherwise provided in the declaration of the common interest

community, any unit subject to the provisions of this paragraph (h) shall only be occupied by the owner of the unit.

(i) (I) (A)  The use of xeriscape, nonvegetative turf grass, or drought-tolerant

vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property or on a limited common element or other property for which the unit owner is responsible. An association may restrict the installation of nonvegetative turf grass to rear yard locations only. This subsection (1)(i)(I)(A), as amended by Senate Bill 23-178, enacted in 2023, applies only to a unit that is a single-family home that shares one or more walls with another unit and does not apply to a unit that is a detached single-family home.

(B)  This subsection (1)(i), 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).

(II)  This paragraph (i) does not supersede any subdivision regulation of a

county, city and county, or other municipality.

(i.5) (I)  The use of xeriscape, nonvegetative turf grass, or drought-tolerant or

nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner and any right-of-way or tree lawn that is the unit owner's responsibility to maintain. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to drought-tolerant vegetative or nonvegetative landscapes or to vegetable gardens or that regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on property that is subject to the guidelines or rules; except that the guidelines or rules must:

(A)  Not prohibit the use of nonvegetative turf grass in the backyard of a unit

owner's property;

(B)  Not unreasonably require the use of hardscape on more than twenty

percent of the landscaping area of a unit owner's property;

(C)  Allow a unit owner an option that consists of at least eighty percent

drought-tolerant plantings; and

(D)  Not prohibit vegetable gardens in the front, back, or side yard of a unit

owner's property. As used in this subsection (1)(i.5), vegetable garden means a plot of ground or an elevated soil bed in which pollinator plants, flowers, or vegetables or herbs, fruits, leafy greens, or other edible plants are cultivated.

(II)  For the purposes of this subsection (1)(i.5), each association shall select

at least three preplanned water-wise garden designs that are preapproved for installation in front yards within the common interest community. To be preapproved, a garden design must adhere to the principles of water-wise landscaping, as defined in section 37-60-135 (2)(l), which emphasize drought-tolerant and native plants, or be part of a water conservation program operated by a local water provider. Each garden design may be selected from the Colorado state university extension Plant Select organization's downloadable designs list or from a municipality, utility, or other entity that creates such garden designs. An association shall consider a unit owner's use of one of the garden designs selected by the association to be preapproved as complying with the association's aesthetic guidelines and shall allow a unit owner to use reasonable substitute plants when a plant in a design isn't available. Each association shall post on its public website, if any, information concerning preapprovals of garden designs.

(III)  Except as described in subsection (1)(i.5)(IV) of this section, if an

association knowingly violates this subsection (1)(i.5), a unit owner who is affected by the violation may bring a civil action to restrain further violation and to recover up to a maximum of five hundred dollars or the unit owner's actual damages, whichever is greater.

(IV)  Before a unit owner commences a civil action as described in subsection

(1)(i.5)(III) of this section, the unit owner shall notify the association in writing of the violation and allow the association forty-five days after receipt of the notice to cure the violation.

(V)  Nothing in this subsection (1)(i.5) shall be construed to prohibit or restrict

the authority of associations to:

(A)  Adopt bona fide safety requirements consistent with applicable

landscape codes or recognized safety standards for the protection of persons and property;

(B)  Prohibit or restrict changes that interfere with the establishment and

maintenance of fire buffers or defensible spaces; or

(C)  Prohibit or restrict changes to existing grading, drainage, or other

structural landscape elements necessary for the protection of persons and property.

(VI)  Notwithstanding any provision of this section to the contrary, this

subsection (1)(i.5) applies only to a unit that is a single-family detached home and does not apply to:

(A)  A unit that is a single-family attached home that shares one or more

walls with another unit; or

(B)  A condominium.


(j) (I)  The use of a rain barrel, as defined in section 37-96.5-102 (1), C.R.S., to

collect precipitation from a residential rooftop in accordance with section 37-96.5-103, C.R.S.

(II)  This paragraph (j) does not confer upon a resident of a common interest

community the right to place a rain barrel on property or to connect a rain barrel to any property that is:

(A)  Leased, except with permission of the lessor;


(B)  A common element or a limited common element of a common interest

community;

(C)  Maintained by the unit owners' association for a common interest

community; or

(D)  Attached to one or more other units, except with permission of the

owners of the other units.

(III)  A common interest community may impose reasonable aesthetic

requirements that govern the placement or external appearance of a rain barrel.

(k) (I)  The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.


(II)  This subsection (1)(k) does not supersede any of the association's

regulations concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The association shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.

(III)  This subsection (1)(k) does not apply to a community qualified as housing

for older persons under the federal Housing for Older Persons Act of 1995, as amended, Pub.L. 104-76.

(IV)  The association may require the owner or operator of a family child care

home located in the common interest community to carry liability insurance, at reasonable levels determined by the association's executive board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on the common elements, in the unit where the family child care home is located, or in any other unit located in the common interest community. The association shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the association is required to carry under the terms of the declaration.

(l) (I)  The operation of a home-based business at a unit by the unit owner or a

resident of the unit with the unit owner's permission.

(II)  The operation of a home-based business in a common interest community

must comply with, and an association may adopt and enforce, any reasonable and applicable rules and regulations governing architectural control, parking, landscaping, noise, nuisance, or other matters concerning the operation of a home-based business.

(III)  The operation of a home-based business in a common interest

community must comply with any reasonable and applicable noise or nuisance ordinances or resolutions of the municipality or county where the common interest community is located.

(IV)  As used in this subsection (1)(l), unless the context otherwise requires,

home-based business means a business for which the main office is located at, or the business operations primarily occur at, a unit.

(1.5)  Notwithstanding any provision in the declaration, bylaws, or rules and

regulations of the association to the contrary, an association shall not effectively prohibit renewable energy generation devices, as defined in section 38-30-168.

(2)  Notwithstanding any provision in the declaration, bylaws, or rules and

regulations of the association to the contrary, an association shall not require the use of cedar shakes or other flammable roofing materials.

(3) (a)  Except as provided in subsection (3)(c) of this section, any provision in

the declaration, bylaws, or rules and regulations of an association on March 12, 2024, that prohibits the installation, use, or maintenance of fire-hardened building materials on a unit owner's property is void and unenforceable.

(b)  On and after March 12, 2024, except as provided in subsection (3)(c) of

this section, an association shall not:

(I)  Prohibit the installation, use, or maintenance of fire-hardened building

materials on a unit owner's property; or

(II)  Adopt any provision in the declaration, bylaws, or rules and regulations of

the association that prohibits the installation, use, or maintenance of fire-hardened building materials on a unit owner's property.

(c)  An association may develop standards that impose reasonable

restrictions on the design, dimensions, placement, or external appearance of fire-hardened building materials used for fencing so long as the standards do not:

(I)  Increase the cost of the fencing by more than ten percent compared to

other fire-hardened building materials used for fencing; or

(II)  Require a period of review and approval that exceeds sixty days after the

date on which the application for review is filed. If an application for installation of fire-hardened building materials for fencing is not denied or returned for modifications within sixty days after the application is filed, the application is deemed approved. The review process must be transparent and the basis for denial of an application must be described in reasonable detail and in writing. Denial of an application must not be arbitrary or capricious.

(d)  Nothing in this subsection (3):


(I)  Prohibits or restricts a unit owners' association from adopting bona fide

safety requirements that are consistent with applicable building codes or nationally recognized safety standards; or

(II)  Confers upon a property owner 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.

(e)  As used in this subsection (3):


(I)  Fire-hardened building materials means materials that meet:


(A)  The criteria of ignition-resistant construction set forth in sections 504 to

506 of the most recent version of the International Wildland-Urban Interface Code;

(B)  The criteria for construction in wildland areas set forth in the most recent

version of the NFPA standard 1140, Standard for Wildland Fire Protection, and the criteria for reducing structure ignition hazards from wildland fire set forth in the most recent version of the NFPA standard 1144, Reducing Structure Ignitions from Wildland Fire; or

(C)  The requirements for a wildfire-prepared home established by the IBHS.


(II)  IBHS means the Insurance Institute for Business and Home Safety or its

successor organization.

(III)  NFPA means the National Fire Protection Association or its successor

organization.

(4) (a)  In a subject jurisdiction or an accessory dwelling unit supportive

jurisdiction, no provision of a declaration, bylaw, or rule of an association that is adopted on or after May 13, 2024, may restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling in any way that is prohibited by section 29-35-403, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.

(b)  In a subject jurisdiction or an accessory dwelling unit supportive

jurisdiction, no provision of a declaration, bylaw, or rule of an association that is adopted before May 13, 2024, may restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling in any way that is prohibited by section 29-35-403, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.

(c)  Subsections (4)(a) and (4)(b) of this section do not apply to reasonable

restrictions on accessory dwelling units. As used in this subsection (4)(c), reasonable restriction means a substantive condition or requirement that does not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit consistent with part 4 of article 35 of title 29.

(d)  As used in this subsection (4), unless the context otherwise requires:


(I)  Accessory dwelling unit has the same meaning as set forth in section

29-35-402 (2).

(II)  Accessory dwelling unit supportive jurisdiction has the same meaning

as set forth in section 29-35-402 (3).

(III)  Subject jurisdiction has the same meaning as set forth in section 29-35-402 (21).


(5) (a)  In a transit center or neighborhood center, an association shall not

adopt a provision of a declaration, bylaw, or rule on or after May 13, 2024, that restricts the development of housing more than the local law that applies within the transit center or neighborhood center, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.

(b)  In a transit center or neighborhood center, no provision of a declaration,

bylaw, or rule of an association that is adopted before May 13, 2024, may restrict the development of housing more than the local law that applies within the transit center or neighborhood center, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.

(c)  As used in this subsection (5), unless the context otherwise requires:


(I)  Local law has the same meaning as set forth in section 29-35-103 (12).


(II)  Neighborhood center has the same meaning as set forth in section 29-35-202 (5).


(III)  Transit center has the same meaning as set forth in section 29-35-202

(9).

(6) (a)  An association shall not prohibit or restrict the construction of

accessory dwelling units or middle housing if the zoning laws of the local jurisdiction would otherwise allow such uses on a property. This subsection (6)(a) applies only to any declaration recorded on or after July 1, 2024, or in any bylaws or rules and regulations of the association adopted or amended on or after July 1, 2024, unless the declaration, bylaws, or rules and regulations contained such a restriction as of May 30, 2024.

(b)  As used in this subsection (6), unless the context otherwise requires:


(I)  Accessory dwelling unit means an internal, attached, or detached

dwelling unit that is located on the same lot as a proposed or existing primary residence.

(II)  Middle housing means a residential structure or structures that include

between two and four separate dwelling units in a structure, a townhome building, or a cottage cluster of up to four units.

Source: L. 2005: Entire section added, p. 1373, � 2, effective June 6. L. 2006:

(1)(a), (1)(b), (1)(c), IP(1)(d), (1)(d)(II), (1)(d)(IV), and (1)(f) amended and (2) added, p. 1215, � 2, effective May 26. L. 2008: (1)(g) added, p. 556, � 1, effective July 1; (1.5) added, p. 620, � 3, effective August 5. L. 2009: (1)(h) added, (HB 09-1220), ch. 166, p. 732, � 1, effective August 5. L. 2013: (1)(i) added, (SB 13-183), ch. 187, p. 757, � 3, effective May 10. L. 2016: (1)(j) added, (HB 16-1005), ch. 161, p. 511, � 3, effective August 10. L. 2019: (1)(i)(I) amended, (HB 19-1050), ch. 25, p. 84, � 1, effective March 7; (1)(h)(II)(A) amended, (HB 19-1172), ch. 136, p. 1723, � 233, effective October 1. L. 2020: (1)(c.5) added, (HB 20-1200), ch. 188, p. 861, � 3, effective June 30; (1)(k) added, (SB 20-126), ch. 250, p. 1222, � 1, effective September 14. L. 2021: (1)(a) and (1)(c) amended and (1)(b) repealed, (SB 21-1310), ch. 415, p. 2766, � 1, effective September 7; (1)(i)(I) amended, (HB 21-1229), ch. 409, p. 2708, � 3, effective September 7. L. 2022: (1)(k)(I) amended, (HB 22-1295), ch. 123, p. 865, � 123, effective July 1; (1)(d.5) added, (HB 22-1139), ch. 156, p. 985, � 1, effective August 10. L. 2023: (1)(i)(I)(A) amended and (1)(i.5) added, (SB 23-178), ch. 207, p. 1072, � 1, effective August 7. L. 2024: (3) added, (HB 24-1091), ch. 24, p. 68, � 2, effective March 12; (4) added, (HB 24-1152), ch. 167, p. 832, � 6, effective May 13; (5) added, (HB 24-1313), ch. 168, p. 868, � 4, effective May 13; (6) added, (SB 24-174), ch. 290, p. 1974, � 4, effective May 30; (1)(l) added, (SB 24-134), ch. 107, p. 334, � 1, effective August 7.

38-33.3-106.7.  Unreasonable restrictions on energy efficiency measures -

definitions. (1) (a) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure.

(b)  As used in this section, energy efficiency measure means a device or

structure that reduces the amount of energy derived from fossil fuels that is consumed by a residence or business located on the real property. Energy efficiency measure is further limited to include only the following types of devices or structures:

(I)  An awning, shutter, trellis, ramada, or other shade structure that is

marketed for the purpose of reducing energy consumption;

(II)  A garage or attic fan and any associated vents or louvers;


(III)  An evaporative cooler;


(IV)  An energy-efficient outdoor lighting device, including without limitation

a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device;

(V)  A retractable clothesline; and


(VI)  A heat pump system, as defined in section 39-26-732 (2)(c).


(2)  Subsection (1) of this section shall not apply to:


(a)  Reasonable aesthetic provisions that govern the dimensions, placement,

or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, common interest communities shall consider:

(I)  The impact on the purchase price and operating costs of the energy

efficiency measure;

(II)  The impact on the performance of the energy efficiency measure; and


(III)  The criteria contained in the governing documents of the common

interest community.

(b)  Bona fide safety requirements, consistent with an applicable building

code or recognized safety standard, for the protection of persons and property.

(3)  This section shall not be construed to confer upon any property owner

the right to place an energy efficiency measure 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.

Source: L. 2008: Entire section added, p. 618, � 2, effective August 5. L.

2021: (1)(b)(IV) and (1)(b)(V) amended and (1)(b)(VI) added, (SB 21-246), ch. 283, p. 1675, � 2, effective September 7. L. 2023: (1)(b)(VI) amended, (SB 23-016), ch. 165, p. 740, � 11, effective August 7.

Cross references: For the legislative declaration in SB 21-246, see section 1

of chapter 283, Session Laws of Colorado 2021.

38-33.3-106.8.  Unreasonable restrictions on electric vehicle charging

systems and electric vehicle parking - legislative declaration - definitions. (1) The general assembly finds, determines, and declares that:

(a)  The widespread use of plug-in electric vehicles can dramatically improve

energy efficiency and air quality for all Coloradans and should be encouraged wherever possible;

(b)  Most homes in Colorado, including the vast majority of ne

C.R.S. § 38-51-102

38-51-102. Definitions. As used in this article 51, unless the context otherwise requires:

(1)  Accessory means any physical evidence in the vicinity of a survey

monument, the relative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories shall be construed to include the accessories recorded in the original survey notes and additional reference points and dimensions furnished by subsequent land surveyors or attested to in writing by persons having personal knowledge of the original location of the monument.

(2)  Aliquot corner means any section corner or quarter section corner and

any other corner in the public land survey system created by subdividing land according to the rules of procedure set forth in section 38-51-103.

(3)  Bench mark means any relatively immovable point on the earth whose

elevation above or below an adopted datum is known.

(4)  Block means a parcel of land within a platted subdivision bounded on

all sides by streets or avenues, other physical boundaries such as a body of water, or the exterior boundary of a platted subdivision.

(5)  Board means the state board of licensure for architects, professional

engineers, and professional land surveyors, created in section 12-120-103.

(6)  Control corner means any land survey corner the position of which

controls the location of the boundaries of a tract or parcel of land.

(6.3)  Corner means a point of reference determined by the surveying

process.

(7)  Exemption plat or subdivision exemption plat means a subdivision plat

which includes all of the information required by section 38-51-106 and which depicts a division of land or the creation of an interest in property for which the board of county commissioners has granted an exemption from subdivision regulations pursuant to section 30-28-101 (10)(d), C.R.S.

(7.5)  Geographic information system land position or GIS land position

means a location in a geographic information system intended to control the mapping location of the boundaries of a tract or parcel of land that may be field surveyed, scaled, calculated, plotted by photogrammetric or remote sensing methods, or located by physical or cultural features.

(8)  Improvement location certificate means a representation of the

boundaries of a parcel of land and the improvements thereon, prepared pursuant to section 38-51-108.

(9)  Improvement survey plat means a land survey plat as defined in

subsection (12) of this section resulting from a monumented land survey showing the location of all structures, visible utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, any conflicting boundary evidence or visible encroachments, and all easements, underground utilities, and tunnels for which properly recorded evidence is available from the county clerk and recorder, a title insurance company, or other sources as specified on the improvement survey plat.

(10)  Irregular parcel means a parcel of land which is not uniquely defined

on a subdivision plat but which is described by any of the following methods:

(a)  A metes and bounds description;


(b)  A book and page or reception number reference;


(c)  Any so-called assessor's tract; or


(d)  A description which calls only for the owner's or adjoiner's name.


(11)  Land survey means a series of observations and measurements made

pursuant to sections 38-51-103, 38-51-104, and 38-51-105 for the purpose of locating or restoring any real property boundary.

(12)  Land survey plat means a plat that shows the information developed

by a monumented land survey or shows one or more set monuments pursuant to sections 38-51-104 and 38-51-105 and includes all information required by section 38-51-106.

(12.3)  Monument means the object or physical structure that marks the

corner point.

(13)  Monumented land survey means a land survey in which monuments are

either found or set pursuant to sections 38-51-103, 38-51-104, and 38-51-105 to mark the boundaries of a specified parcel of land.

(14)  Monument record means a written and illustrated document

describing the physical appearance of a bench mark or survey monument and its accessories.

(15)  Platted subdivision means a group of lots, tracts, or parcels of land

created by recording a map which meets the requirements of section 38-51-106 and which shows the boundaries of such lots, tracts, or parcels and the original parcel from which they were created.

(16)  Professional land surveyor means a person licensed pursuant to part 3

of article 120 of title 12.

(16.1)  Professional land surveyor of record means the professional land

surveyor whose signature and seal appear on an original subdivision plat, land survey plat, or parcel description currently recorded in the office of the clerk and recorder in which the subdivision plat, land survey plat, or parcel description is situated.

(17)  Property description means a written, narrative description, of a parcel

of real property or an easement for the purpose of perpetuating location of title.

(18)  Public land survey monument means any land boundary monument

established on the ground by a cadastral survey of the United States government and any mineral survey monument established by a United States mineral surveyor and made a part of the United States public land records.

(19)  Responsible charge means control and direction of surveying work.


(20)  Subdivision plat means a map of a platted subdivision recorded for the

purpose of creating land parcels which can be identified uniquely by reference to such map.

(21)  Surveyor's affidavit of correction means an affidavit prepared and

executed by a professional land surveyor of record in accordance with section 38-51-111.

Source: L. 94: Entire article R&RE, p. 1514, � 47, effective July 1. L. 97: (6) and

(11) amended and (6.3) and (12.3) added, p. 1630, � 7, effective July 1; (7.5) added, p. 145, � 1, effective August 6. L. 2004: (5) and (16) amended, p. 1316, � 72, effective May 28. L. 2007: (12) amended, p. 294, � 6, effective August 3. L. 2010: (16.1) and (21) added, (HB 10-1085), ch. 95, p. 324, � 4, effective August 11. L. 2019: IP, (5), and (16) amended, (HB 19-1172), ch. 136, p. 1727, � 246, effective October 1.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1994. For a detailed comparison, see the comparative tables located in the back of the index.

C.R.S. § 38-51-108

38-51-108. Improvement location certificate. (1) A professional land surveyor may prepare an improvement location certificate for the use of a specific client based upon the professional land surveyor's general knowledge of land boundaries and monuments in a given area whether or not the client is the owner or buyer; except that, if the client is not the owner or buyer, the professional land surveyor shall provide a copy of the certificate to the owner or buyer.

(2) (a) (I)  A certificate prepared pursuant to subsection (1) of this section

shall not be designated as or construed as being a land survey plat or improvement survey plat.

(II)  Such certificate shall be prominently labeled improvement location

certificate and contain a statement in the following form:

IMPROVEMENT LOCATION CERTIFICATE

I hereby certify that this improvement location certificate was prepared for ....

(individual or firm) ...., that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. This certificate is valid only for use by .... (individual or firm) .... and describes the parcel's appearance on .... (date) ....

I further certify that the improvements on the above described parcel on this

date, .... (insert date) ...., except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted.

StampBy ............ (Signed) .............

or

SealDate ...................................

(b)  A professional land surveyor shall assume full liability for each

improvement location certificate done by such professional land surveyor or under such professional land surveyor's responsible charge pursuant to paragraph (a) of this subsection (2).

Source: L. 94: Entire article R&RE, p. 1521, � 47, effective July 1. L. 2013: (1)

and (2)(a)(II) amended, (SB 13-161), ch. 356, p. 2094, � 38, effective July 1.

Editor's note: This section is similar to former � 38-51-105, as it existed prior

to 1994.

C.R.S. § 38-53-103

38-53-103. Definitions. As used in this article 53, unless the context otherwise requires:

(1)  Accessory means any physical evidence in the vicinity of a survey

monument, the relative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories shall be construed to include the accessories recorded in the original survey notes and additional reference points and dimensions furnished by subsequent land surveyors or attested to in writing by persons having personal knowledge of the original location of the monument.

(2)  Aliquot corner means any section corner or quarter section corner and

any other corner in the public land survey system created by subdividing land according to the rules of procedure set forth in section 38-51-103.

(3)  Bench mark means any relatively immovable point on the earth whose

elevation above or below an adopted datum is known.

(4)  Block means a parcel of land within a platted subdivision bounded on

all sides by streets or avenues, other physical boundaries such as a body of water, or the exterior boundary of a platted subdivision.

(5)  Board means the state board of licensure for architects, professional

engineers, and professional land surveyors, created in section 12-120-103.

(6)  Control corner means any land survey corner the position of which

controls the location of the boundaries of a tract or parcel of land.

(6.3)  Corner means a point of reference determined by the surveying

process.

(7)  Exemption plat or subdivision exemption plat means a subdivision plat

which includes all of the information required by section 38-51-106 and which depicts a division of land or the creation of an interest in property for which the board of county commissioners has granted an exemption from subdivision regulations pursuant to section 30-28-101 (10)(d), C.R.S.

(8)  Improvement location certificate means a representation of the

boundaries of a parcel of land and the improvements thereon, prepared pursuant to section 38-51-108.

(9)  Improvement survey plat means a land survey plat as defined in

subsection (12) of this section, resulting from a monumented land survey showing the location of all structures, visible utilities, fences, hedges, or walls situated on the described parcel and within five feet of all boundaries of such parcel, any conflicting boundary evidence or visible encroachments, and all easements, underground utilities, or tunnels, for which property recorded evidence is available from the county clerk and recorder, a title insurance company, or other source as specified on the improvement survey plat.

(10)  Irregular parcel means a parcel of land which is not uniquely defined

on a subdivision plat but which is described by any of the following methods:

(a)  A metes and bounds description;


(b)  A book and page or reception number reference;


(c)  Any so-called assessor's tract; or


(d)  A description which calls only for the owner's or adjoiner's name.


(11)  Land survey means a series of observations and measurements made

pursuant to sections 38-51-103, 38-51-104, and 38-51-105 for the purpose of locating or restoring any real property boundary.

(12)  Land survey plat means a plat that shows the information developed

by a monumented land survey or shows one or more set monuments pursuant to sections 38-51-104 and 38-51-105 and includes all information required by section 38-51-106.

(12.3)  Monument means the object or physical structure that marks the

corner point.

(13)  Monumented land survey means a land survey in which monuments are

either found or set pursuant to sections 38-51-103, 38-51-104, and 38-51-105 to mark the boundaries of a specified parcel of land.

(14)  Monument record means a written and illustrated document

describing the physical appearance of a bench mark or survey monument and its accessories.

(15)  Platted subdivision means a group of lots, tracts, or parcels of land

created by recording a map which meets the requirements of section 38-51-106 and which shows the boundaries of such lots, tracts, or parcels and the original parcel from which they were created.

(16)  Professional land surveyor means a person licensed pursuant to part 3

of article 120 of title 12.

(17)  Property description means a written, narrative description of a parcel

of real property or an easement for the purpose of perpetuating location of title.

(18)  Public land survey monument means any land boundary monument

established on the ground by a cadastral survey of the United States government and any mineral survey monument established by a United States mineral surveyor and made a part of the United States public land records.

(19)  Responsible charge means control and direction of surveying work.


(20)  Subdivision plat means a map of a platted subdivision recorded for the

purpose of creating land parcels which can be identified uniquely by reference to such map.

Source: L. 94: Entire article R&RE, p. 1522, � 48, effective July 1. L. 97: (6) and

(11) amended and (6.3) and (12.3) added, p. 1630, � 9, effective July 1. L. 2004: (5) and (16) amended, p. 1318, � 77, effective May 28. L. 2006: (5) amended, p. 744, � 14, effective July 1. L. 2007: (12) amended, p. 294, � 8, effective August 3. L. 2019: IP, (5), and (16) amended, (HB 19-1172), ch. 136, p. 1727, � 247, effective October 1.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1994. For a detailed comparison, see the comparative tables located in the back of the index.

C.R.S. § 39-1-102

39-1-102. Definitions. As used in articles 1 to 13 of this title 39, unless the context otherwise requires:

(1)  Administrator means the property tax administrator.


(1.1) (a)  Agricultural and livestock products means plant or animal products

in a raw or unprocessed state that are derived from the science and art of agriculture, regardless of the use of the product after its sale and regardless of the entity that purchases the product. Agriculture, for the purposes of this subsection (1.1), means farming, ranching, animal husbandry, and horticulture.

(b)  On and after January 1, 2023, for the purposes of this subsection (1.1),

agricultural and livestock products includes crops grown within a controlled environment agricultural facility in a raw or unprocessed state for human or livestock consumption. For the purposes of this subsection (1.1)(b), agricultural and livestock products does not include marijuana, as defined in section 18-18-102 (18)(a), or any other nonfood crop agricultural products.

(1.3)  Agricultural equipment that is used on the farm or ranch or in a CEA

facility in the production of agricultural products:

(a)  Means any personal property used on a farm or ranch, as defined in

subsections (3.5) and (13.5) of this section, for planting, growing, and harvesting agricultural products or for raising or breeding livestock for the primary purpose of obtaining a monetary profit; and

(b)  Includes:


(I)  Any mechanical system used on the farm or ranch for the conveyance and

storage of animal products in a raw or unprocessed state, regardless of whether or not such mechanical system is affixed to real property;

(II)  Silviculture personal property that is designed, adapted, and used for the

planting, growing, maintenance, or harvesting of trees in a raw or unprocessed state;

(III)  Any personal property within a facility, whether attached to a building or

not, that is capable of being removed from the facility, and is used in direct connection with the operation of a controlled environment agricultural facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and

(IV)  Any personal property within a greenhouse, whether attached to the

greenhouse or not, that is capable of being removed from the greenhouse and is used in direct connection with the operation of a greenhouse, which greenhouse is used solely for planting or growing crops in a raw or unprocessed state, and the sole purpose of growing crops in the greenhouse is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

(1.6) (a)  Agricultural land, whether used by the owner of the land or a

lessee, means one of the following:

(I) (A)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, that was used the previous two years and presently is used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, or that is in the process of being restored through conservation practices. Such land must have been classified or eligible for classification as agricultural land, consistent with this subsection (1.6), during the ten years preceding the year of assessment. Such land must continue to have actual agricultural use. Agricultural land under this subparagraph (I) shall not include two acres or less of land on which a residential improvement is located unless the improvement is integral to an agricultural operation conducted on such land. Agricultural land also includes the land underlying other improvements if such improvements are an integral part of the farm or ranch and if such other improvements and the land area dedicated to such other improvements are typically used as an ancillary part of the operation. The use of a portion of such land for hunting, fishing, or other wildlife purposes, for monetary profit or otherwise, shall not affect the classification of agricultural land. For purposes of this subparagraph (I), a parcel of land shall be in the process of being restored through conservation practices if: The land has been placed in a conservation reserve program established by the natural resources conservation service pursuant to 7 U.S.C. secs. 1 to 5506; or a conservation plan approved by the appropriate conservation district has been implemented for the land for up to a period of ten crop years as if the land has been placed in such a conservation reserve program.

(B)  A residential improvement shall be deemed to be integral to an

agricultural operation for purposes of sub-subparagraph (A) of this subparagraph (I) if an individual occupying the residential improvement either regularly conducts, supervises, or administers material aspects of the agricultural operation or is the spouse or a parent, grandparent, sibling, or child of the individual.

(II)  A parcel of land that consists of at least forty acres, that is forest land,

that is used to produce tangible wood products that originate from the productivity of such land for the primary purpose of obtaining a monetary profit, that is subject to a forest management plan, and that is not a farm or ranch, as defined in subsections (3.5) and (13.5) of this section. Agricultural land under this subparagraph (II) includes land underlying any residential improvement located on such agricultural land.

(III)  A parcel of land that consists of at least eighty acres, or of less than

eighty acres if such parcel does not contain any residential improvements, and that is subject to a perpetual conservation easement, if such land was classified by the assessor as agricultural land under subparagraph (I) or (II) of this paragraph (a) at the time such easement was granted, if the grant of the easement was to a qualified organization, if the easement was granted exclusively for conservation purposes, and if all current and contemplated future uses of the land are described in the conservation easement. Agricultural land under this subparagraph (III) does not include any portion of such land that is actually used for nonagricultural commercial or nonagricultural residential purposes.

(IV)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, if the owner of the land has a decreed right to appropriated water granted in accordance with article 92 of title 37, C.R.S., or a final permit to appropriated groundwater granted in accordance with article 90 of title 37, C.R.S., for purposes other than residential purposes, and water appropriated under such right or permit shall be and is used for the production of agricultural or livestock products on such land;

(V)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, that has been reclassified from agricultural land to a classification other than agricultural land and that met the definition of agricultural land as set forth in subparagraphs (I) to (IV) of this paragraph (a) during the three years before the year of assessment. For purposes of this subparagraph (V), the parcel of land need not have been classified or eligible for classification as agricultural land during the ten years preceding the year of assessment as required by subparagraph (I) of this paragraph (a).

(b) (I)  Except as provided in subparagraph (II) of this paragraph (b), all other

agricultural property that does not meet the definition set forth in paragraph (a) of this subsection (1.6) shall be classified as all other property and shall be valued using appropriate consideration of the three approaches to appraisal based on its actual use on the assessment date.

(II)  On and after January 1, 2015, all other agricultural property includes

greenhouse and nursery production areas used to grow food products, agricultural products, or horticultural stock for wholesale purposes only that originate above the ground.

(c)  An assessor must determine, based on sufficient evidence, that a parcel

of land does not qualify as agricultural land, as defined in subparagraph (IV) of paragraph (a) of this subsection (1.6), before land may be changed from agricultural land to any other classification.

(d)  Notwithstanding any other provision of law to the contrary, property that

is used solely for the cultivation of medical marijuana shall not be classified as agricultural land.

(2)  Assessor means the elected assessor of a county, or his or her

appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, and, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code.

(2.5)  Bed and breakfast means an overnight lodging establishment,

whether owned by a natural person or any legal entity, that is a residential dwelling unit or an appurtenance thereto, in which the innkeeper resides, or that is a building designed but not necessarily occupied as a single family residence that is next to, or directly across the street from, the innkeeper's residence, and in either circumstance, in which:

(a)  Lodging accommodations are provided for a fee;


(b)  At least one meal per day is provided at no charge other than the fee for

the lodging accommodations; and

(c)  There are not more than thirteen sleeping rooms available for transient

guests.

(3)  Board means the board of assessment appeals.


(3.1)  Commercial lodging area means a guest room or a private or shared

bathroom within a bed and breakfast that is offered for the exclusive use of paying guests on a nightly or weekly basis. Classification of a guest room or a bathroom as a commercial lodging area shall be based on whether at any time during a year such rooms are offered by an innkeeper as nightly or weekly lodging to guests for a fee. Classification shall not be based on the number of days that such rooms are actually occupied by paying guests.

(3.2)  Conservation purpose means any of the following purposes as set

forth in section 170 (h) of the federal Internal Revenue Code of 1986, as amended:

(a)  The preservation of land areas for outdoor recreation, the education of

the public, or the protection of a relatively natural habitat for fish, wildlife, plants, or similar ecosystems; or

(b)  The preservation of open space, including farmland and forest land,

where such preservation is for the scenic enjoyment of the public or is pursuant to a clearly delineated federal, state, or local government conservation policy and where such preservation will yield a significant public benefit.

(3.3)  Controlled environment agricultural facility or CEA facility means a

nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computerized management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

(3.5)  Farm means a parcel of land which is used to produce agricultural

products that originate from the land's productivity for the primary purpose of obtaining a monetary profit.

(3.7)  Fee simple estate means the largest possible estate allowed by law,

an estate that has potentially infinite duration.

(4)  Fixtures means those articles which, although once movable chattels,

have become an accessory to and a part of real property by having been physically incorporated therein or annexed or affixed thereto. Fixtures includes systems for the heating, air conditioning, ventilation, sanitation, lighting, and plumbing of such building. Fixtures does not include machinery, equipment, or other articles related to a commercial or industrial operation which are affixed to the real property for proper utilization of such articles. In addition, for property tax purposes only, fixtures does not include security devices and systems affixed to any residential improvements, including but not limited to security doors, security bars, and alarm systems.

(4.3)  Forest land means land of which at least ten percent is stocked by

forest trees of any size and includes land that formerly had such tree cover and that will be naturally or artificially regenerated. Forest land includes roadside, streamside, and shelterbelt strips of timber which have a crown width of at least one hundred twenty feet. Forest land includes unimproved roads and trails, streams, and clearings which are less than one hundred twenty feet wide.

(4.4)  Forest management plan means an agreement which includes a plan

to aid the owner of forest land in increasing the health, vigor, and beauty of such forest land through use of forest management practices and which has been either executed between the owner of forest land and the Colorado state forest service or executed between the owner of forest land and a professional forester and has been reviewed and has received a favorable recommendation from the Colorado state forest service. The Colorado forest service shall annually inspect each parcel of land subject to a forest management plan to determine if the terms and conditions of such plan are being complied with and shall report by March 1 of each year to the assessor in each affected county the legal descriptions of the properties and the names of their owners that are eligible for the agricultural classification. The report shall also contain the legal descriptions of those properties and the names of their owners that no longer qualify for the agricultural classification because of noncompliance with their forest management plans. No property shall be entitled to the agricultural classification unless the legal description and the name of the owner appear on the report submitted by the Colorado state forest service. The Colorado state forest service shall charge a fee for the inspection of each parcel of land in such amount for the reasonable costs incurred by the Colorado state forest service in conducting such inspections. Such fee shall be paid by the owner of such land prior to such inspection. Any fees collected pursuant to this subsection (4.4) shall be subject to annual appropriation by the general assembly.

(4.5)  Forest management practices means practices accepted by

professional foresters which control forest establishment, composition, density, and growth for the purpose of producing forest products and associated amenities following sound business methods and technical forestry principles.

(4.6)  Forest trees means woody plants which have a well-developed stem

or stems, which are usually more than twelve feet in height at maturity, and which have a generally well-defined crown.

(5)  Repealed.


(5.5) (a)  Hotels and motels means improvements and the land associated

with such improvements that are used by a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public and that are predominantly used on an overnight or weekly basis; except that hotels and motels does not include:

(I)  A residential unit, except for a residential unit that is a hotel unit;


(II)  A residential unit that would otherwise be classified as a hotel unit if the

residential unit is held as inventory by a developer primarily for sale to customers in the ordinary course of the developer's trade or business, is marketed for sale by the developer, and either has been held by the developer for less than two years since the certificate of occupancy for the residential unit has been issued or is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the developer; or

(III)  A residential unit that would otherwise be classified as a hotel unit if the

residential unit has been acquired by a lender or an owners' association through foreclosure, a deed in lieu of foreclosure, or a similar transaction, is marketed for sale by the lender or owners' association and is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the lender or owners' association.

(IV)  Repealed.


(b)  If any time share estate, time share use period, undivided interest, or

other partial ownership interest in any hotel unit is owned by any non-hotel unit owner, then, unless a declaration or other express agreement binding on the non-hotel unit owners and the hotel unit owners provides otherwise:

(I)  The hotel unit owners shall pay the taxes on the hotel unit not required to

be paid by the non-hotel unit owners pursuant to subparagraph (II) of this paragraph (b).

(II)  Each non-hotel unit owner shall pay that portion of the taxes on the hotel

unit equal to the non-hotel unit owner's ownership or usage percentage of the hotel unit multiplied by the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit was residential real property.

(III)  For purposes of determining the amount due from any hotel unit owner

or non-hotel unit owner pursuant to subparagraph (II) of this paragraph (b), the assessor shall, upon the request of any hotel unit owner or non-hotel unit owner, calculate the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit were residential real property. A hotel unit owner or non-hotel unit owner may petition the county board of equalization for review of the assessor's calculation pursuant to the procedures set forth in section 39-10-114. Any appeal from the decision of the county board shall be governed by section 39-10-114.5.

(c)  As used in this subsection (5.5):


(I)  Condominium unit means a unit, as defined in section 38-33.3-103 (30),

C.R.S., and also includes a time share unit.

(II)  Hotel unit owners means any person or member of a group of related

persons whose ownership and use of a residential unit cause the residential unit to be classified as a hotel unit.

(III)  Hotel units means more than four residential unit ownership

equivalents in a project that are owned, in whole or in part, directly, or indirectly through one or more intermediate entities, by one person or by a group of related persons if the person or group of related persons uses the residential units or parts thereof in connection with a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public predominantly on an overnight or weekly basis. Hotel unit means any residential unit included in hotel units. For purposes of this subparagraph (III):

(A)  Control means the power to direct the business or affairs of an entity

through direct or indirect ownership of stock, partnership interests, membership interests, or other forms of beneficial interests.

(B)  Related persons means individuals who are members of the same

family, including only spouses and minor children, or persons who control, are controlled by, or are under common control with each other. Persons are not related persons solely because they engage a common agent to manage or rent their residential units, they are members of an owners' association or similar group, they enter into a tenancy in common or a similar agreement with respect to undivided interests in a residential unit, or any combination of the foregoing.

(IV)  Project means one or more improvements that contain residential units

if the boundaries of the residential units are described in or determined by the same declaration, as defined in section 38-33.3-103 (13), C.R.S.

(V)  Residential unit means a condominium unit, a single family residence,

or a townhome.

(VI)  Non-hotel unit owner means any owner of a time share estate, time

share use period, undivided interest, or other partial ownership interest in any hotel unit who is not a hotel unit owner with respect to the hotel unit.

(VII)  Residential unit ownership equivalent means:


(A)  In the case of time share units, time share interests or time share use

periods in one or more time share units that in the aggregate entitle the owner of such time share interests or time share use periods to three hundred sixty-five days of use in any calendar year or three hundred sixty-six days of use in any calendar year that is a leap year; and

(B)  In the case of residential units other than time share units, undivided

interests or other ownership interests in one or more such residential units that total one hundred percent. For purposes of this sub-subparagraph (B), any undivided interest or other ownership interest not stated in terms of a percentage of total ownership shall be converted to a percentage of total ownership based on the rights accorded to the holder of the undivided interest or other ownership interest.

(VIII)  Time share unit means a condominium unit that is divided into time

share estates as defined in section 38-33-110 (5) or that is subject to a time share use as defined in section 12-10-501 (4).

(5.6)  Hotels and motels as defined in subsection (5.5) of this section shall

not include bed and breakfasts.

(6)  Household furnishings means that personal property, other than

fixtures, in residential structures and buildings which is not used for the production of income at any time.

(6.2)  Hydroponics means a system in which water soluble primary or

secondary plant nutrients or micronutrients, or a combination of such nutrients, are placed in intimate contact with a plant's root system that is being grown in water or an inert supportive medium that supplies physical support for the roots.

(6.3)  Improvements means all structures, buildings, fixtures, fences, and

water rights erected upon or affixed to land, whether or not title to such land has been acquired.

(6.8)  Independently owned residential solar electric generation facility

means personal property that:

(a)  Is located on residential real property;


(b)  Is owned by a person other than the owner of the residential real

property;

(c)  Is installed on the customer's side of the meter;


(d)  Is used to produce electricity from solar energy primarily for use in the

residential improvements located on the residential real property; and

(e)  Has a production capacity of no more than one hundred kilowatts.


(7)  (Deleted by amendment, L. 2010, (HB 10-1267), ch. 425, p. 2198, � 1,

effective August 11, 2010.)

(7.1)  Innkeeper means the owner, operator, or manager of a bed and

breakfast.

(7.2)  Inventories of merchandise and materials and supplies which are held

for consumption by a business or are held primarily for sale means those classes of personal property which are held primarily for sale by a business, farm, or ranch, including components of personal property to be held for sale, or which are held for consumption by a business, farm, or ranch, or which are rented for thirty days or less. For the purposes of this subsection (7.2), personal property rented for thirty days or less means personal property rented for thirty days or less which can be returned at the option of the person renting the property, in a transaction on which the sales or use tax is actually collected before being finally sold, whether or not such personal property is subject to depreciation. It is the purpose of the general assembly to exempt personal property rented for thirty days or less from property tax because of the similarity of such property to inventories of merchandise held by retail stores. Further, the general assembly intends this exemption to encompass a transaction under a rental agreement in which the customer pays rent in order to use an item for a brief period of time; it is not intended to encompass an equipment lease contract covering a specific period of time and which includes financial penalties for early cancellation. Except for personal property rented for thirty days or less, the term inventories of merchandise and materials and supplies which are held for consumption by a business or are held primarily for sale does not include personal property which is held for rent or lease or is subject to an allowance for depreciation. For property tax years commencing on or after January 1, 1984, the term does include inventory which is owned by and which is in the possession of the manufacturer of such inventory unless:

(a)  Such inventory is in the possession of the manufacturer after having

previously been leased by the manufacturer to a customer; and

(b)  Such manufacturer has not designated such inventory for scrapping,

substantial reconditioning, renovating, or remanufacturing in accordance with its customary practices. For the purposes of this paragraph (b), normal maintenance shall not constitute substantial reconditioning, renovating, or remanufacturing.

(7.5)  Repealed.


(7.7)  Livestock includes all animals.


(7.8)  Manufactured home means any preconstructed building unit or

combination of preconstructed building units that:

(a)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the residential site of the completed home;

(b)  Is designed and used for residential occupancy in either temporary or

permanent locations;

(c)  Is constructed in compliance with the National Manufactured Housing

Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended;

(d)  Does not have motive power;


(e)  Is not licensed as a vehicle; and


(f)  Is eligible for a certificate of title pursuant to part 1 of article 29 of title

38, C.R.S.

(7.9)  Minerals in place means, without exception, metallic and nonmetallic

mineral substances of every kind while in the ground.

(8)  Mobile home means a manufactured home built prior to the adoption of

the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended.

(8.3)  Modular home means any preconstructed factory-built building that:


(a)  Is ineligible for a certificate of title pursuant to part 1 of article 29 of title

38, C.R.S.;

(b)  Is not constructed in compliance with the National Manufactured

Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended; and

(c)  Is constructed in compliance with building codes adopted by the division

of housing in the department of local affairs.

(8.4)  Natural cause means fire, explosion, flood, tornado, action of the

elements, act of war or terror, or similar cause beyond the control of and not caused by the party holding title to the property destroyed.

(8.5)  Not for private gain or corporate profit means the ownership and use

of property whereby no person with any connection to the owner thereof shall receive any pecuniary benefit except for reasonable compensation for services rendered and any excess income over expenses derived from the operation or use of the property and all proceeds from the sale of the property of the owner shall be devoted to the furthering of any exempt purpose.

(8.6) (a)  Nursing home means a nursing care facility, regardless of a

resident's length of stay, that is licensed by the department of public health and environment under section 25-1.5-103 (1) and that meets the definition of a nursing care facility as set forth in the department of public health and environment regulations, including a nursing care facility that provides convalescent care or rehabilitation services such as physical and occupational therapy.

(b)  As used in this subsection (8.6), nursing care facility means a licensed

health care entity that is planned, organized, operated, and maintained to provide supportive, restorative, and preventative services to persons who, due to physical or mental disability, require continuous or regular inpatient nursing care.

(8.7)  Perpetual conservation easement means a conservation easement in

gross, as described in article 30.5 of title 38, C.R.S., that qualifies as a perpetual conservation restriction pursuant to section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any regulations issued thereunder.

(9)  Person means natural persons, corporations, partnerships, limited

liability companies, associations, and other legal entities which are or may become taxpayers by reason of the ownership of taxable real or personal property.

(10)  Personal effects means such personal property as is or may be worn or

carried on or about the person, and such personal property as is usually associated with the person or customarily used in personal hobby, sporting, or recreational activities and which is not used for the production of income at any time.

(11)  Personal property means everything that is the subject of ownership

and that is not included within the term real property. Personal property includes machinery, equipment, and other articles related to a commercial or industrial operation that are either affixed or not affixed to the real property for proper utilization of such articles. Except as otherwise specified in articles 1 to 13 of this title, any pipeline, telecommunications line, utility line, cable television line, or other similar business asset or article installed through an easement, right-of-way, or leasehold for the purpose of commercial or industrial operation and not for the enhancement of real property shall be deemed to be personal property, including, without limitation, oil and gas distribution and transmission pipelines, gathering system pipelines, flow lines, process lines, and related water pipeline collection, transportation, and distribution systems. Structures and other buildings installed on an easement, right-of-way, or leasehold that are not specifically referenced in this subsection (11) shall be deemed to be improvements pursuant to subsection (6.3) of this section.

(12)  Political subdivision means any entity of government authorized by law

to impose ad valorem taxes on taxable property located within its territorial limits.

(12.1)  Repealed.


(12.3) and (12.4)  Repealed.


(12.5)  Professional forester means any person who has received a

bachelor's or higher degree from an accredited school of forestry.

(13)  Property means both real and personal property.


(13.2)  Qualified organization means a qualified organization as defined in

section 170 (h)(3) of the federal Internal Revenue Code of 1986, as amended.

(13.5)  Ranch means a parcel of land which is used for grazing livestock for

the primary purpose of obtaining a monetary profit. For the purposes of this subsection (13.5), livestock means domestic animals which are used for food for human or animal consumption, breeding, draft, or profit.

(14)  Real property means:


(a)  All lands or interests in lands to which title or the right of title has been

acquired from the government of the United States or from sovereign authority ratified by treaties entered into by the United States, or from the state;

(b)  All mines, quarries, and minerals in and under the land, and all rights and

privileges thereunto appertaining; and

(c)  Improvements.


(14.3)  Residential improvements means a building, or that portion of a

building, designed for use predominantly as a place of residency by a person, a family, or families. The term includes buildings, structures, fixtures, fences, amenities, and water rights that are an integral part of the residential use. The term also includes a manufactured home, a mobile home, a modular home, a tiny home, and a nursing home as defined in subsection (8.6) of this section, regardless of a resident's length of stay.

(14.4) (a) (I)  Residential land means a parcel of land upon which residential

improvements are located. The term also includes:

(A)  Land upon which residential improvements were destroyed by natural

cause after the date of the last assessment as established in section 39-1-104 (10.2);

(B)  Two acres or less of land on which a residential improvement is located

where the improvement is not integral to an agricultural operation conducted on such land; and

(C)  A parcel of land without a residential improvement located thereon, if the

parcel is contiguous to a parcel of residential land that has identical ownership based on the record title and contains a related improvement that is essential to the use of the residential improvement located on the identically owned contiguous residential land.

(II)  Residential land does not include any portion of the land that is used for

any purpose that would cause the land to be otherwise classified, except as provided for in section 39-1-103 (10.5).

(III)  As used in this subsection (14.4):


(A)  Contiguous means that the parcels physically touch; except that

contiguity is not interrupted by an intervening local street, alley, or common element in a common-interest community.

(B)  Related improvement means a driveway, parking space, or

improvement other than a building, or that portion of a building designed for use predominantly as a place of residency by a person, a family, or families.

(b) (I)  Notwithstanding section 39-1-103 (5)(c) and except as provided in

subparagraph (II) of this paragraph (b), when residential improvements are destroyed, demolished, or relocated as a result of a natural cause on or after January 1, 2010, that, were it not for their destruction, demolition, or relocation due to such natural cause, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and the two subsequent property tax years. The residential land classification may remain in place for additional subsequent property tax years, not to exceed a total of five subsequent property tax years, if the assessor determines there is evidence the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but shall not be limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, efforts by the owner to obtain financing for a residential improvement, or ongoing efforts to settle an insurance claim related to the destruction, demolition, or relocation of the residential improvement due to a natural cause.

(II)  The residential land classification of the land described in subparagraph

(I) of this paragraph (b) shall change according to current use if:

(A)  A new residential improvement or part of a new residential improvement

is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subparagraph (I) of this paragraph (b), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to construct or place a new or part of a new residential improvement on the land but that additional time is necessary;

(B)  The assessor determines that the classification at the time of

destruction, demolition, or relocation as a result of a natural cause was erroneous; or

(C)  A change of use has occurred. For purposes of this sub-subparagraph (C),

a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation as a result of a natural cause of the residential improvement.

(c) (I)  Notwithstanding section 39-1-103 (5)(c) and except as provided in

subsection (14.4)(c)(II) of this section, when residential improvements are destroyed, demolished, or relocated on or after January 1, 2018, that, were it not for their destruction, demolition, or relocation, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and one subsequent property tax year if the assessor determines there is evidence that the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but is not limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, or efforts by the owner to obtain financing for a residential improvement.

(II)  The residential land classification of the land described in subsection

(14.4)(c)(I) of this section shall change according to current use if:

(A)  A new residential improvement or part of a new residential improvement

is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subsection (14.4)(c)(I) of this section;

(B)  The assessor determines that the classification of the land at the time of

the destruction, demolition, or relocation was erroneous; or

(C)  A change of use has occurred. For purposes of this subsection

(14.4)(c)(II)(C), a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation of the residential improvement.

(14.5)  Residential real property means residential land and residential

improvements but does not include hotels and motels as defined in subsection (5.5) of this section.

(15)  Repealed.


(15.5) (a)  School means:


(I)  An educational institution having a curriculum comparable to that of a

publicly supported elementary or secondary school or college, or any combination thereof, and requiring daily attendance; or

(II)  An institution that is licensed as a child care center pursuant to part 3 of

article 5 of title 26.5 that is:

(A)  Operated by and as an integral part of a not-for-profit educational

institution that meets the requirements of subparagraph (I) of this paragraph (a); or

(B)  A not-for-profit institution that offers an educational program for not

more than six hours per day and that employs educators trained in preschool through eighth grade educational instruction and is licensed by the appropriate state agency and that is not otherwise qualified as a school under this paragraph (a) or as a religious institution.

(b)  School includes any educational institution that meets the

requirements set forth in subparagraph (I) or (II) of paragraph (a) of this subsection (15.5), even if such educational institution maintains hours of operation in excess of the minimum hour requirements of section 22-32-109 (1)(n)(I), C.R.S.

(16)  Taxable property means all property, real and personal, not expressly

exempted from taxation by law.

(16.3)  Tiny home means a tiny home, as defined in section 24-32-3302 (35),

that is certified by the division of housing in the department of local affairs to be designed for long-term residency and that is not registered in accordance with article 3 of title 42.

(17)  Treasurer means the elected treasurer of a county or his or her

appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code, and in the case of any home rule county, the treasurer or such equivalent officer as provided by its charter.

(18)  Works of art means those items of personal property that are original

creations of visual art, including, but not limited to:

(a)  Sculpture, in any material or combination of materials, whether in the

round, bas-relief, high relief, mobile, fountain, kinetic, or electronic;

(b)  Paintings or drawings;


(c)  Mosaics;


(d)  Photographs;


(e)  Crafts made from clay, fiber and textiles, wood, metal, plastics, or any

other material, or any combination thereof;

(f)  Calligraphy;


(g)  Mixed media composed of any combination of forms or media; or


(h)  Unique architectural embellishments.


Source: L. 64: R&RE, p. 674, � 1. C.R.S. 1963: � 137-1-1. L. 65: p. 1095, � 1. L.

67: p. 945, � 1. L. 70: p. 379, � 8. L. 73: p. 237, � 17. L. 75: (8) repealed, p. 1473, � 30, effective July 18. L. 77: (7.5), (12.3), and (12.4) added, p. 1728, �1, effective June 20; (8) RC&RE, p. 1740, � 1, effective January 1, 1978. L. 78: (12.1) added, p. 467, � 1, effective July 1. L. 79: (12.1) amended, p. 1400, � 1, effective March 13; (12.1)(a) amended, p. 1059, � 9, effective June 20; (12.1) repealed, p. 1456, � 4, effective July 1, 1981. L. 80: (18) added, p. 711, � 1, effective April 16. L. 81: (12.1)(d) R&RE, p. 1872, � 4, effective June 29; (12.1)(a)(II) amended, � 5, effective July 1. L. 83: (15) repealed, p. 1485, � 11, effective April 22; (1.1), (1.3), (1.6), (3.5), (5.5), (7.2), (7.8), (13.5), and (14.3) to (14.5) added, (5) repealed, and (12.3)(b) amended, pp. 1486, 1488, �� 1, 6, 4, effective June 1. L. 84: (7.2) amended, p. 983, � 1, effective May 8. L. 85: IP(7.2) amended and (7.9) added, pp. 1215, 1210, �� 1, 2, effective May 9. L. 87: (1.3) amended, p. 1382, � 1, effective May 8; (7.5), (12.3), and (12.4) repealed, p. 1304, � 1, effective May 20. L. 88: (4) and (11) amended and (12.1) repealed, pp. 1269, 1275, �� 4, 14, effective May 29. L. 89: (15.5) added, p. 1482, � 3, effective April 23. L. 90: (1.6)(a) amended, (4.3) to (4.6) and (12.5) added, p. 1706, � 1, effective April 16; (9) amended, p. 450, � 26, effective April 18; (1.6)(a) and (13.5) amended and (8.5) added, pp. 1695, 1703, 1701, �� 16, 37, 33, effective June 9. L. 91: IP(7.2) amended, p. 1980, � 1, effective April 20; (8) amended, p. 1394, � 2, effective April 27. L. 92: (4) amended, p. 2216, � 3, effective June 2. L. 94: (8) and (14.3) amended, p. 2568, � 86, effective January 1, 1995. L. 95: IP(1.6)(a) amended and (1.6)(a)(III), (3.2), (8.7), and (13.2) added, pp. 173, 174, �� 1, 2, effective April 7. L. 97: (1.1) and (1.6) amended, p. 509, � 1, effective April 24. L. 98: (11) amended, p. 1276, � 1, effective June 1. L. 99: (15.5) amended, p. 1299, � 1, effective June 3. L. 2000: (15.5)(a)(II) amended, p. 1499, � 1, effective August 2. L. 2001: (2) and (17) amended, p. 268, � 14, effective November 15. L. 2002: (5.5) amended, p. 1939, � 1, effective August 7; (2.5), (3.1), (5.6), and (7.1) added, (5.5)(a)(IV) repealed, and (14.4) amended, pp. 1671, 1673, �� 1, 3, effective January 1, 2003. L. 2004: (1.6)(a)(I) amended, p. 1208, � 86, effective August 4. L. 2008: (14.3) amended, p. 1914, � 129, effective August 5. L. 2009: (7.7) and (8.3) added and (7.8), (8), and (14.3) amended, (SB-040), ch. 9, p. 70, � 12, effective July 1; (8.5) amended, (SB 09-042), ch. 176, p. 779, � 1, effective August 5. L. 2010: (1.1) amended, (SB 10-177), ch. 392, p. 1861, � 1, effective August 11; (1.6)(a)(III) amended, (HB 10-1197), ch. 175, p. 634, � 1, effective August 11; (6.3) and (6.8) added and (7) and (11) amended, (HB10-1267), ch. 425, p. 2198, � 1, effective August 11. L. 2011: (8.4) added and (14.4) amended, (HB 11-1042), ch. 138, p. 479, � 1, effective May 4; (1.6)(d) added, (HB 11-1043), ch. 266, p. 1213, � 23, effective July 1; (1.6)(a)(I) and (14.4) amended, (HB 11-1146), ch. 166, p. 571, � 1, effective January 1, 2012. L. 2013: (14.4)(a) amended, (HB 13-1300), ch. 316, p. 1699, � 116, effective August 7. L. 2014: (8.5) amended, (HB 14-1349), ch. 230, p. 854, � 4, effective May 17; (1.6)(b) amended, (SB 14-043), ch. 53, p. 248, � 1, effective August 6. L. 2016: (14.4)(b)(II)(A) amended, (SB 16-012), ch. 66, p. 169, � 1, effective April 5. L. 2017: IP, (1.1), and (1.3) amended, (SB 17-302), ch. 311, p. 1675, � 1, effective June 2. L. 2018: (14.4)(c) added, (HB 18-1283), ch. 270, p. 1665, � 1, effective August 8. L. 2019: (5.5)(c)(VIII) amended, (HB 19-1172), ch. 136, p. 1727, � 249, effective October 1. L. 2020: (17) amended, (HB 20-1077), ch. 80, p. 324, � 5, effective September 14. L. 2021: (3.7) added, (HB 21-1312), ch. 299, p. 1791, � 3, effective July 1; (14.4)(a) amended, (HB 21-1061), ch. 63, p. 252, � 1, effective September 7. L. 2022: IP(15.5)(a)(II) amended, (HB 22-1295), ch. 123, p. 865, � 124, effective July 1; (1.1), IP(1.3), and (1.3)(b) amended and (3.3) and (6.2) added, (HB 22-1301), ch. 198, p. 1321, � 1, effective August 10; (8.6) added and (14.3) amended, (HB 22-1296), ch. 310, p. 2226, � 1, effective August 10; (14.3) amended and (16.3) added, (HB 22-1242), ch. 172, p. 1139, � 34, effective August 10. L. 2024, 2nd Ex. Sess.: (1.3)(b)(II) and (1.3)(b)(III) amended and (1.3)(b)(IV) added, (HB 24B-1003), ch. 2, p. 24, � 1, effective November 28.

Editor's note: (1)  Amendments to subsection (1.6)(a) by House Bill 90-1229

harmonized with House Bill 90-1018.

(2)  Amendments to subsection (14.4) by House Bill 11-1042 and House Bill 11-1146 were harmonized, effective January 1, 2012.


(3)  Amendments to this section by HB 22-1242 and HB 22-1296 were

harmonized.

Cross references: (1)  For the creation of the property tax administrator, see �

39-2-101.

(2)  For the legislative declaration in HB 21-1312, see section 1 of chapter 299,

Session Laws of Colorado 2021.

C.R.S. § 39-1-103

39-1-103. Actual value determined - when - legislative declaration. (1) The valuation for assessment of producing mines and nonproducing mining claims shall be determined as provided in article 6 of this title.

(2)  The valuation for assessment of leaseholds and lands producing oil or

gas shall be determined as provided in article 7 of this title.

(3)  The actual value for property tax purposes of the operating property and

plant of all public utilities doing business in this state shall be determined by the administrator, as provided in article 4 of this title.

(4) (a)  Repealed.


(b)  The valuation for assessment of mobile homes shall be determined as

provided in section 39-5-203.

(5) (a)  All real and personal property shall be appraised and the actual value

thereof for property tax purposes determined by the assessor of the county wherein such property is located. The actual value of such property, other than agricultural lands exclusive of building improvements thereon and other than residential real property and other than producing mines and lands or leaseholds producing oil or gas, shall be that value determined by appropriate consideration of the cost approach, the market approach, and the income approach to appraisal. The assessor shall consider and document all elements of such approaches that are applicable prior to a determination of actual value. The actual value reflects the value of the fee simple estate. Despite any orders of the state board of equalization, no assessor shall arbitrarily increase the valuations for assessment of all parcels represented within the abstract of a county or within a class or subclass of parcels on that abstract by a common multiple in response to the order of said board. If an assessor is required, pursuant to the order of said board, to increase or decrease valuations for assessment, such changes shall be made only upon individual valuations for assessment of each and every parcel, using each of the approaches to appraisal specified in this subsection (5)(a), if applicable. The actual value of agricultural lands, exclusive of building improvements thereon, shall be determined by consideration of the earning or productive capacity of such lands during a reasonable period of time, capitalized at a rate of thirteen percent. Land that is valued as agricultural and that becomes subject to a perpetual conservation easement shall continue to be valued as agricultural notwithstanding its dedication for conservation purposes; except that, if any portion of such land is actually used for nonagricultural commercial or nonagricultural residential purposes, that portion shall be valued according to such use. Nothing in this subsection (5) shall be construed to require or permit the reclassification of agricultural land or improvements, including residential property, due solely to subjecting the land to a perpetual conservation easement. The actual value of residential real property shall be determined solely by consideration of the market approach to appraisal. A gross rent multiplier may be considered as a unit of comparison within the market approach to appraisal. The valuation for assessment of producing mines and of lands or leaseholds producing oil or gas shall be determined pursuant to articles 6 and 7 of this title 39. In establishing actual value, an assessor shall also consider:

(I)  Current use;


(II)  Existing zoning and other governmental land use or environmental

regulations and restrictions;

(III)  Multi-year leases or other contractual agreements affecting the use of

or income from the property;

(IV)  Easements and reservations of record; and


(V)  Covenants, conditions, and restrictions of record.


(b)  If, having considered the three approaches prescribed in paragraph (a) of

this subsection (5), at the sole discretion of the assessor the use of the three approaches to value cannot accurately determine the actual value of any parcel of taxable property, or in the opinion of the assessor the application of the three approaches to value does not result in uniform, just, and equalized valuation, then the actual value thereof shall be determined by comparison of the surface use of such property with a similar surface use.

(c)  Except as provided in section 39-1-102 (14.4)(b) or 39-1-102 (14.4)(c) and in

subsections (5)(e) and (5)(f) of this section, once any property is classified for property tax purposes, it shall remain so classified until such time as its actual use changes or the assessor discovers that the classification is erroneous. The property owner shall endeavor to comply with the reasonable requests of the assessor to supply information which cannot be ascertained independently but which is necessary to determine actual use and properly classify the property when the assessor has evidence that there has been a change in the use of the property. Failure to supply such information shall not be the sole reason for reclassifying the property. Any such request for such information shall be accompanied by a notice that states that failure on the part of the property owner to supply such information will not be used as the sole reason for reclassifying the property in question. Subject to the availability of funds under the assessor's budget for such purpose, no later than May 1 of each year, the assessor shall inform each person whose property has been reclassified from agricultural land to any other classification of property of the reasons for such reclassification including, but not limited to, the basis for the determination that the actual use of the property has changed or that the classification of such property is erroneous.

(d)  If a parcel of land is classified as agricultural land as defined in section

39-1-102 (1.6)(a)(III) and the perpetual conservation easement is terminated, violated, or substantially modified so that the easement is no longer granted exclusively for conservation purposes, the assessor may reassess the land retroactively for a period of seven years and the additional taxes, if any, that would have been levied on the land during the seven year period prior to the termination, violation, or modification shall become due.

(e) (I)  Except as provided in subparagraph (II) of this paragraph (e) and in

paragraph (f) of this subsection (5), if a parcel of land is classified as agricultural land as defined in section 39-1-102 (1.6) and the productivity of such parcel of land is destroyed by a natural cause on or after January 1, 2012, so that, were it not for the destruction of the productivity of the land by a natural cause, the land would have qualified as agricultural land for the following property tax year, the agricultural land classification shall remain in place for the year of destruction and the four subsequent property tax years so long as the assessor receives evidence from the owner that the owner is in the process of rehabilitating the productivity of the land for agricultural use. Such evidence includes, but is not limited to, removing debris, removing contaminants, restoring fences and agricultural structures, reseeding, providing water for livestock, or contouring the land suitable for agricultural use.

(II)  The agricultural land classification of the land described in subparagraph

(I) of this paragraph (e) must change according to current use if:

(A)  The productivity of the land is not rehabilitated for agricultural use prior

to the January 1 after the period described in subparagraph (I) of this paragraph (e), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to rehabilitate the productivity of the land for agricultural use but that additional time is necessary;

(B)  The assessor determines that the classification at the time of destruction

of the productivity of the land as a result of a natural cause was erroneous; or

(C)  A change of use has occurred. For purposes of this sub-subparagraph (C),

a change of use does not include the temporary loss of agricultural classification of the land as a result of the destruction of the productivity of the land by a natural cause.

(f) (I)  Except as provided in subparagraph (II) of this paragraph (f), if a parcel

of land is classified as agricultural land as defined in section 39-1-102 (1.6)(a)(II) and the productivity of the parcel of land is destroyed by a natural cause on or after January 1, 2012, so that, were it not for the destruction of the productivity of the land by a natural cause, the land would have qualified as agricultural land for the following property tax year, the agricultural land classification shall remain in place notwithstanding the length of the rehabilitation period specified in subparagraph (I) of paragraph (e) of this subsection (5) so long as the owner is in compliance with an approved forest management plan and is on the list provided by the Colorado state forest service as having such a plan.

(II)  The agricultural land classification of the land described in subparagraph

(I) of this paragraph (f) must change according to current use if:

(A)  The assessor determines that the classification at the time of destruction

of the productivity of the land as a result of a natural cause was erroneous; or

(B)  A change of use has occurred. For purposes of this sub-subparagraph (B),

a change of use does not include the temporary loss of agricultural classification of the land as a result of the destruction of the productivity of the land by a natural cause.

(6) and (7)  Repealed.


(8)  In any case in which sales prices of comparable properties within any

class or subclass are utilized when considering the market approach to appraisal in the determination of actual value of any taxable property, the following limitations and conditions shall apply:

(a) (I)  Use of the market approach shall require a representative body of

sales, including sales by a lender or government, sufficient to set a pattern, and appraisals shall reflect due consideration of the degree of comparability of sales, including the extent of similarities and dissimilarities among properties that are compared for assessment purposes. In order to obtain a reasonable sample and to reduce sudden price changes or fluctuations, all sales shall be included in the sample that reasonably reflect a true or typical sales price during the period specified in section 39-1-104 (10.2). Sales of personal property exempt pursuant to the provisions of sections 39-3-102, 39-3-103, and 39-3-119 to 39-3-122 shall not be included in any such sample.

(II)  Because of the unique characteristics and limited number of oil shale

mineral interests, a minimum of five arm's-length sales of reasonably comparable oil shale mineral interests shall be required to constitute a market for purposes of utilization of the market approach to appraisal in determining the actual value of nonproducing oil shale mineral interests.

(b)  Each such sale included in the sample shall be coded to indicate a typical,

negotiated sale, as screened and verified by the assessor.

(c)  All such coded, typical sales samples shall be supplied to the

administrator for the performance of his duties.

(d)  In no event shall a sales ratio be established or utilized for any class or

subclass of property unless and until there have been at least thirty such coded, typical sales or at least five percent of all properties in such class or subclass within the county have been sold and verified by the assessor as coded, typical sales, whichever amount is greater. When such minimum requirement has not been met but typical sales within any such class or subclass indicate that valuations in the class or subclass are too high or too low, such fact shall be reported to the state board of equalization, which board may order an independent appraisal study in such county.

(e)  Repealed.


(f)  Such true and typical sales shall include only those sales which have been

determined on an individual basis to reflect the selling price of the real property only or which have been adjusted on an individual basis to reflect the selling price of the real property only.

(9) (a)  In the case of an improvement which is used as a residential dwelling

unit and is also used for any other purpose, the actual value and valuation for assessment of such improvement shall be determined as provided in this paragraph (a). The actual value of each portion of the improvement shall be determined by application of the appropriate approaches to appraisal specified in subsection (5) of this section. The actual value of the land containing such an improvement shall be determined by application of the appropriate approaches to appraisal specified in subsection (5) of this section. The land containing such an improvement shall be allocated to the appropriate classes based upon the proportion that the actual value of each of the classes to which the improvement is allocated bears to the total actual value of the improvement. The appropriate valuation for assessment ratio shall then be applied to the actual value of each portion of the land and of the improvement.

(b)  In the case of land containing more than one improvement, one of which

is a residential dwelling unit, the determination of which class the land shall be allocated to shall be based upon the predominant or primary use to which the land is put in compliance with land use regulations. If multiuse is permitted by land use regulations, the land shall be allocated to the appropriate classes based upon the proportion that the actual value of each of the classes to which the improvements are allocated bears to the combined actual value of the improvements; the appropriate valuation for assessment ratio shall then be applied to the actual value of each portion of the land.

(10)  Common property or common elements within a common interest

community as defined in the Colorado Common Interest Ownership Act, article 33.3 of title 38, C.R.S., shall be appraised and valued pursuant to the provisions of section 38-33.3-105, C.R.S.

(10.5) (a)  The general assembly hereby finds and declares that bed and

breakfasts are unique mixed-use properties; that all areas of a bed and breakfast, except for the commercial lodging area, are shared and common areas that allow innkeepers and guests to interact in a residential setting; that the land on which a bed and breakfast is located and that is used in conjunction with the bed and breakfast is primarily residential in nature; and that there appears to exist a wide disparity in how assessors classify the different portions of bed and breakfasts.

(b)  Therefore, notwithstanding any other provision of this article 1, a bed and

breakfast shall be assessed as provided in this subsection (10.5). The commercial lodging area of a bed and breakfast shall be assessed at the rate for lodging property. Any part of the bed and breakfast that is not a commercial lodging area shall be considered a residential improvement and assessed accordingly. The actual value of each portion of the bed and breakfast shall be determined by the application of the appropriate approaches to appraisal specified in subsection (5) of this section. The actual value of the land containing a bed and breakfast shall be determined by the application of the appropriate approaches to appraisal specified in subsection (5) of this section. The land containing a bed and breakfast shall be assessed as follows:

(I)  The portion of land directly underneath a bed and breakfast shall be

assessed pursuant to the procedures pertaining to land set forth in subsection (9) of this section.

(II)  There shall be a rebuttable presumption that all remaining land shall be

assessed as residential land. Such presumption shall only be overcome if there is a nonresidential use not reasonably associated with the operation of the bed and breakfast on some portion of the remaining land, in which case, such portion of the remaining land shall be assessed as nonresidential land.

(III)  Subparagraphs (I) and (II) of this paragraph (b) shall not apply to

agricultural land.

(10.7) (a)  The general assembly hereby finds and declares that:


(I)  A nursing home is a unique residential property that is the residence of

the individuals living there at the time, regardless of their length of stay;

(II)  There is a discrepancy in how assessing officers classify nursing homes

that provide short-term services and nursing homes that provide longer-term services for purposes of calculating property tax; and

(III)  Therefore, it is important for the general assembly to clarify that all

nursing homes, regardless of a resident's length of stay, must be classified as residential real property.

(b)  For property tax years commencing on and after January 1, 2023, land

used for a nursing home and any improvements affixed to that land for the use of the nursing home are classified and assessed as residential real property, regardless of a resident's length of stay.

(11)  The general assembly hereby declares that consideration by assessing

officers of the cost approach, market approach, and income approach to the appraisal of real property has resulted in valuations of minerals in place which are neither uniform, nor just and equal, because of wide variations within the same locality in quality and quantity of mineral deposits, if any, because of uncertainty in the existence or extent of such deposits, because of difficulty in measuring acquisition or replacement costs, or because of speculative value judgments when minerals in place are not income producing. Therefore, in the absence of preponderant evidence shown by the assessing officer that the use of the cost approach, market approach, and income approach result in uniform and just and equal valuation, minerals in place are not to be considered in determining the actual value of real property.

(12)  In any case in which the income approach is utilized in the determination

of the actual value of any nonproducing oil shale mineral interests, the following limitations and conditions shall apply:

(a)  The assessor shall capitalize the annual rental income for such

nonproducing mineral interests at a capitalization rate of thirteen percent. If nonproducing mineral interests are unleased, the assessor shall use the annual rental as defined in paragraph (b) of this subsection (12).

(b)  For the purposes of this subsection (12), annual rental means annual

rental payments, or other compensatory payments payable for the right to hold a mineral interest, which payments are fixed and certain in amount and payable periodically over a fixed period calculated on a twelve-month basis. Annual rental shall be the representative annual rental for such mineral interests leased within the county or the area, and annual rental does not include royalty payments, advanced royalty payments, bonus payments, or minimum royalty payments covering periods when the mineral interests are not in production, even though said payments may be fixed and certain in amount and payable periodically. For the purposes of this paragraph (b), royalty payments, advanced royalty payments, and minimum royalty payments mean payments attributable to a portion of the current or future mineral production of a mineral interest, paid for the privilege of producing minerals, and bonus payments means compensation paid as consideration for the granting of a mineral lease or other compensatory payments which are payable regardless of the extent of use of the mineral interest and which are fixed and certain in amount and may be payable in one or more periodical increments over a fixed period.

(13) (a)  The general assembly hereby finds and declares that, in the

consideration of the cost approach, market approach, and income approach to the appraisal of personal property by assessing officers, the cost approach shall establish the maximum value of property if all costs incurred in the acquisition and installation of such property are fully and completely disclosed by the property owner to the assessing officer.

(b)  Therefore, in the assessment of taxable personal property, the assessing

officer shall consider the value derived from the cost approach to be the maximum value of the property if the property owner has timely filed his declaration and the declaration contains all relevant information pertaining to the valuation of the property and, also includes, a full disclosure of all costs incurred in the acquisition and installation of all personal property owned by or in the possession of the taxpayer.

(c)  Assessing officers shall consider the cost approach to the appraisal of

property, pursuant to the provisions of this subsection (13), in good faith and shall deny the use of the cost approach only upon just cause that the requirements set forth in this subsection (13) and in section 39-5-116 have not been complied with by a taxpayer. If it is determined at any time that an assessing officer wrongly denied the use of the cost approach, such assessing officer shall be held liable for all costs incurred by the taxpayer in protesting such assessment based on such denial. However, nothing in this subsection (13) shall preclude the assessing officers from considering the market approach or income approach to the appraisal of personal property when such consideration would result in a lower value of the property and when such valuation is based on independent information obtained by the assessing officers.

(14) (a)  The general assembly hereby finds and declares that, in determining

the actual value of vacant land, there appears to exist a wide disparity in the treatment of vacant land by the assessing officers of the various counties; that the methods of appraisal currently being utilized by assessing officers for such valuation remain unclear; and that such assessing officers are provided detailed information concerning the appraisal of vacant land in the manuals, appraisal procedures, and instructions prepared and published by the administrator.

(b)  The assessing officers shall give appropriate consideration to the cost

approach, market approach, and income approach to appraisal as required by the provisions of section 3 of article X of the state constitution in determining the actual value of vacant land. When using the market approach to appraisal in determining the actual value of vacant land as of the assessment date, assessing officers shall take into account, but need not limit their consideration to, the following factors: The anticipated market absorption rate, the size and location of such land, the direct costs of development, any amenities, any site improvements, access, and use. When using anticipated market absorption rates, the assessing officers shall use appropriate discount factors in determining the present worth of vacant land until eighty percent of the lots within an approved plat have been sold and shall include all vacant land in the approved plat. For purposes of such discounting, direct costs of development shall be taken into account. The use of present worth shall reflect the anticipated market absorption rate for the lots within such plat, but such time period shall not generally exceed thirty years. For purposes of this paragraph (b), no indirect costs of development, including, but not limited to, costs relating to marketing, overhead, or profit, shall be considered or taken into account.

(c) (I)  For purposes of this subsection (14), vacant land means any lot,

parcel, site, or tract of land upon which no buildings or fixtures, other than minor structures, are located. Vacant land may include land with site improvements. Vacant land includes land that is part of a development tract or subdivision when using present worth discounting in the market approach to appraisal; however, vacant land shall not include any lots within such subdivision or any portion of such development tract that improvements, other than site improvements or minor structures, have been erected upon or affixed thereto. Vacant land does not include agricultural land, producing oil and gas properties, severed mineral interests, and all mines, whether producing or nonproducing.

(II)  For purposes of this subsection (14):


(A)  Minor structures means improvements that do not add value to the land

on which they are located and that are not suitable to be used for and are not actually used for any commercial, residential, or agricultural purpose.

(B)  Site improvements means streets with curbs and gutters, culverts and

other sewage and drainage facilities, and utility easements and hookups for individual lots or parcels.

(d)  As soon after the assessment date as may be practicable, the assessor

shall mail or deliver two copies of a subdivision land valuation questionnaire for each approved plat within the county to the last-known address of the subdivision developer known or believed to own vacant land within such approved plat. Such questionnaire shall be designed to elicit information vital to determining the present worth of vacant land within such approved plat. Such subdivision developer or his agent shall answer all questions to the best of his ability, attaching such exhibits or statements thereto as may be necessary, and shall sign and return the original copy thereof to the assessor no later than the March 20 subsequent to the assessment date. All information provided by the subdivision developer in such questionnaire shall be kept confidential by the assessor; except that the assessor shall make such information available to the person conducting any valuation for assessment study pursuant to section 39-1-104 (16) and his employees and the property tax administrator and his employees.

(e)  If any subdivision developer fails to complete and file one or more

questionnaires by March 20, then the assessor may determine the actual value of the taxable vacant land within an approved plat which is owned by such subdivision developer on the basis of the best information available to and obtainable by the assessor.

(15)  The general assembly hereby finds and declares that assessing officers

shall give appropriate consideration to the cost approach, market approach, and income approach to appraisal as required by section 3 of article X of the state constitution in determining the actual value of taxable property. In the absence of evidence shown by the assessing officer that the use of the cost approach, market approach, and income approach to appraisal requires the modification of the actual value of taxable property for the first year of a reassessment cycle in order to result in uniform and just and equal valuation for the second year of a reassessment cycle, the assessing officer shall consider the actual value of any taxable property for the first year of a reassessment cycle, as may have been adjusted as a result of protests and appeals, if any, prior to the assessment date of the second year of a reassessment cycle, to be the actual value of such taxable property for the second year of a reassessment cycle.

(16) (a)  The general assembly hereby finds and declares that in the

consideration of the cost approach, market approach, and income approach to appraisal for the valuation of superfund water treatment facilities, the cost approach to appraisal does not adequately reflect characteristics specific to superfund water treatment facilities that negatively impact the value of such facilities, including, but not limited to, the lack of income producing ability and the absence of any market for sale of superfund water treatment facilities. Therefore, in the assessment of superfund water treatment facilities, the income approach to appraisal shall be considered the primary indicator of value and the cost approach or market approach to appraisal shall be used only if the value determined under the cost approach or market approach is less than the value determined under the income approach to appraisal. For the purposes of determining the actual value of superfund water treatment facilities as of the assessment date using the income approach to appraisal, the assessing officer shall capitalize the actual income generated by the facility during the calendar year preceding the assessment date at the rate of ten percent per annum.

(b)  For purposes of this subsection (16), superfund water treatment

facilities means real and personal property that is:

(I)  Installed and constructed pursuant to an agreement with or an order of

the federal government or the state or any of its political subdivisions and to satisfy the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended; and

(II)  Operated for the purpose of eliminating, reducing, controlling, or

disposing of pollutants, as defined in section 25-8-103 (15), C.R.S., that could alter the physical, chemical, biological, or radiological integrity of state waters if released into state waters.

(17) (a)  The general assembly declares that the valuation of possessory

interests in exempt properties is uncertain and highly speculative and that the following specific standards for the appropriate consideration of the cost approach, the market approach, and the income approach to appraisal in the valuation of possessory interests must be provided by statute and applied in the valuation of possessory interests to eliminate the unjust and unequalized valuations that would result in the absence of specific standards:

(I)  The actual value of any possessory interest of the lessee or permittee of

lands owned by the United States and leased or permitted for use for ski area recreational purposes in connection with a business conducted for profit shall be determined by capitalizing at an appropriate rate the annual fee paid to the United States by the lessee or permittee of such land for the use thereof in the immediately preceding calendar year, adjusted to the level of value using a factor or factors to be published by the administrator pursuant to the same procedures and principles as are provided for property in section 39-1-104 (12.3)(a)(I). The rate used to capitalize any fee pursuant to this subparagraph (I) shall include an appropriate rate of return, an appropriate adjustment for the applicable property tax rate, and an appropriate adjustment to reflect the portion of the fee, if any, required to be paid over by the United States to the state of Colorado and its political subdivisions.

(II) (A)  Except for possessory interests in land leased or permitted for use for

ski area recreational purposes valued in accordance with subparagraph (I) of this paragraph (a) and except as otherwise provided in subparagraph (III) of this paragraph (a), the actual value of a possessory interest in land, improvements, or personal property shall be determined by appropriate consideration of the cost approach, the market approach, and the income approach to appraisal. When the cost or income approach to appraisal is applicable, the actual value of the possessory interest shall be determined by the present value of the reasonably estimated future annual rents or fees required to be paid by the holder of the possessory interest to the owner of the underlying real or personal property through the stated initial term of the lease or other instrument granting the possessory interest; except that the actual value of a possessory interest in agricultural land, including land leased by the state board of land commissioners other than land leased pursuant to section 36-1-120.5, C.R.S., shall be the actual amount of the annual rent paid for the property tax year. The rents or fees used to determine the actual value of a possessory interest under the cost or income approach to appraisal shall be the actual contract rents or fees reasonably expected to be paid to the owner of the underlying real or personal property unless it is shown that the actual contract rents or fees to be paid for the possessory interest being valued are not representative of the market rents or fees paid for that type of real or personal property, in which case the market rents or fees shall be substituted for the actual contract rents or fees.

(B)  The rents or fees taken into account under the cost or income approach

to appraisal under sub-subparagraph (A) of this subparagraph (II) shall exclude that portion of the rents and fees required to be paid for all rights other than the exclusive right to use and possess the land, improvements, or personal property. Such rents or fees to be excluded shall include, but shall not be limited to, any portion of such rents or fees attributable to any of the following: Nonexclusive rights to use and possess public property, such as roads, rights-of-way, easements, and common areas; rights to conduct a business, as determined in accordance with guidelines to be published by the administrator; income of the holder of the possessory interest that is not directly derived from and directly related to the use or occupancy of the possessory interest; any amount paid under a timber sales contract or similar agreement for the purchase of timber or for the right to acquire and remove timber; and reimbursement to the owner of the underlying real or personal property of the reasonable costs of operating, maintaining, and repairing the land, improvements, or personal property to which the possessory interest pertains, regardless of whether such costs are separately stated, provided that the types of such costs can be identified with reasonable certainty from the documents granting the possessory interest. The actual value of the possessory interest so determined shall be adjusted to the taxable level of value using a factor or factors to be published by the administrator pursuant to the same procedures and principles as are provided for personal property in section 39-1-104 (12.3)(a)(I).

(III)  Subparagraphs (I) and (II) of this paragraph (a) shall not apply to any

management contract. In the case of a management contract, the possessory interest shall be presumed to have no actual value. For purposes of this subparagraph (III), management contract means a contract that meets all of the following criteria:

(A)  The government owner of the real or personal property subject to the

contract directly or indirectly provides the management contractor all funds to operate the real or personal property;

(B)  The government owns all of the real or personal property used in the

operation of the real or personal property subject to the contract;

(C)  The government maintains control over the amount of profit the

management contractor can realize or sets the prices charged by the management contractor, or the management contractor's exclusive obligation is to operate and manage the real or personal property for which the management contractor receives a fee;

(D)  The government reserves the right to use the real or personal property

when it is not being managed or operated by the management contractor;

(E)  The management contractor has no leasehold or similar interest in the

real or personal property;

(F)  To the extent the management contractor manages a manufacturing

process for the government on the real property subject to the contract, the government owns all or substantially all of the personal property used in the process; and

(G)  The real or personal property is maintained and repaired at the expense

of the government.

(b)  This subsection (17) shall not apply to and shall not be construed to affect

or change the valuation of public utilities pursuant to article 4 of this title, the valuation of equities in state lands pursuant to section 39-5-106, the valuation of mines pursuant to article 6 or any other article of this title, or the valuation of oil and gas leaseholds and lands pursuant to article 7 of this title.

(18) (a)  The general assembly hereby finds and declares that real property

that is located in a district in which limited gaming is authorized but that is not used for limited gaming may be unfairly valued by comparison of said real property with real property that is used for limited gaming. The general assembly further finds that real property that is located in a gaming district may be reasonably used for purposes other than limited gaming, that such alternative uses may be beneficial in strengthening the economies of gaming districts, and that such alternative uses should be encouraged. In addition, the general assembly finds that applying the cost and market approaches to appraisal in valuing real property that is located in a limited gaming district but that is not used for limited gaming may result in an unfairly high valuation of real property that is reasonably used for a purpose other than limited gaming. Therefore, the provisions of this subsection (18) shall govern the classification and valuation of real property that is located within a gaming district but that is not used for limited gaming.

(b)  For property tax years beginning on or after January 1, 1999, if the actual

use as of the assessment date of any real property that is located in a limited gaming district but that is not used for limited gaming is used as residential real property, the real property shall be classified as residential real property, and the assessing officer shall determine the actual value of said real property as of the assessment date by applying the market approach to appraisal. If, due to the limited number of real properties located within a limited gaming district that are not used for limited gaming and that are used as residential real property, comparable valuation data is not available from within a limited gaming district to determine adequately the actual value of real property located within said limited gaming district that is not used for limited gaming and that is used as residential real property, notwithstanding any law to the contrary, the assessing officer shall consider sales of reasonably comparable residential real property located inside and outside of any limited gaming district for purposes of utilization of the market approach to appraisal in determining the actual value of said real property located within a limited gaming district that is not used for limited gaming and that is used as residential real property.

(c)  For property tax years beginning on or after January 1, 1999, if the actual

use as of the assessment date of any real property that is located in a limited gaming district is not for limited gaming or as residential real property, including but not limited to vacant land, the real property shall be classified as nongaming real property, and the assessing officer shall determine the actual value of said real property as of the assessment date by giving appropriate consideration to the cost, market, and income approaches to appraisal. If, due to the limited number of real properties located within a limited gaming district that are not used for limited gaming or as residential real property, comparable valuation data is not available from within a limited gaming district to determine adequately the actual value of real property located within said limited gaming district that is not used for limited gaming or as residential real property, notwithstanding any law to the contrary, the assessing officer shall:

(I)  Consider sales of reasonably comparable real property that is not used as

residential property located inside and outside of any limited gaming district for purposes of utilization of the market approach to appraisal in determining the actual value of real property located within a limited gaming district that is not used for limited gaming or as residential real property; and

(II)  Consider reasonably comparable real property that is not used as

residential property located inside and outside of any limited gaming district for purposes of utilization of the income approach to appraisal in determining the actual value of real property located within a limited gaming district that is not used for limited gaming or as residential real property.

(d)  For purposes of this subsection (18), real property is considered to be

used for limited gaming if the owner or lessee of the real property holds a retail gaming license issued pursuant to part 5 of article 30 of title 44, and if the owner or lessee actually uses the real property in offering limited gaming for play or for administrative support services related to providing limited gaming or makes the real property available for other uses by persons who are engaged in limited gaming for play, including but not limited to using the property for parking, for a restaurant, or for a hotel or motel.

Source: L. 64: R&RE, p. 676, � 1. C.R.S. 1963: � 137-1-3. L. 67: p. 945, �� 2-4.

L. 70: p. 380, � 9. L. 71: p. 1242, � 1. L. 73: pp. 237, 1429, �� 18, 1. L. 75: (6)(a)(I) amended, p. 1453, � 1, effective May 22; (4)(b) repealed, p. 1473, � 30, effective July 18. L. 76: (5) amended, p. 754, � 3, effective January 1, 1977. L. 77: (5) amended and (7) and (8) added p. 1729, � 2, effective June 20; (4)(b) RC&RE, p. 1740, � 2, effective January 1, 1978. L. 81: (5)(a) amended, p. 1829, � 1, effective June 12. L. 83: (8)(d) amended, p. 1489, � 1, effective April 21; (9) added, p. 1492, � 1, effective April 21; (4)(a) and (5)(b) repealed and (5)(a), IP(8), and (8)(a) amended, pp. 1485, 1480, �� 11, 2, effective April 22; (6) repealed, p. 1488, � 6, effective June 1. L. 84: (8)(e) and (8)(f) added, p. 986, � 1, effective March 16; (10) added, p. 987, � 1, effective April 5. L. 85: (5)(b) RC&RE, (8)(a) amended, and (11) and (12) added, pp. 1210, 1211, �� 3, 4, effective May 9; (5)(a) amended, p. 1217, � 1, effective May 24. L. 87: (7) repealed, p. 1304, � 1, effective May 20; (13) added, p. 1415, � 2, effective June 16; (8)(e) amended, p. 1388, � 9, effective June 20. L. 88: (14) added, p. 1281, � 4, effective January 1, 1989. L. 89: (8)(a)(I) amended, p. 1482, � 4, effective May 9; (14)(b) and (14)(c)(I) amended, p. 1449, � 1, effective June 7. L. 90: (5)(c), (14)(d), and (14)(e) added, (8)(a)(I) and (14)(b) amended, and (8)(e) repealed, pp. 1701, 1688, 1705, �� 34, 3, 2, 41, effective June 9; (15) added, p. 1697, � 22, effective January 1, 1991. L. 91: (8)(a)(I) amended, p. 2005, � 3, effective June 6. L. 92: (14)(b) amended, p. 2215, � 1, effective June 2. L. 93: (10) amended, p. 654, � 22, effective April 30; (5)(c) amended, p. 1743, � 2, effective July 1. L. 95: (8)(a)(I) amended, p. 8, � 2, effective March 9; (5)(a) amended and (5)(d) added, p. 174, � 3, effective April 7. L. 96: (16) added, p. 130, � 1, effective March 25; (5)(a) and (8)(a)(I) amended, p. 718, � 1, effective May 22; (14)(c) amended, p. 1198, � 1, effective June 1; (17) added, p. 1852, � 4, effective June 5. L. 97: (17)(a)(II)(B) amended, p. 1030, � 63, effective August 6. L. 98: (18) added, p. 110, � 1, effective March 23. L. 2000: (5)(a) amended, p. 1499, � 2, effective August 2. L. 2002: IP(17)(a) amended, p. 1008, � 1, effective August 7; (10.5) added, p. 1672, � 2, effective January 1, 2003. L. 2003: (17)(a)(II)(A) amended, p. 1696, � 1, effective January 1, 2004; (17)(a)(II)(B) amended, p. 2492, � 1, effective January 1, 2004. L. 2004: (17)(a)(II)(A) amended, p. 1088, � 1, effective January 1, 2005. L. 2010: (5)(a) amended, (HB 10-1197), ch. 175, p. 634, � 2, effective August 11. L. 2011: (5)(c) amended, (HB 11-1042), ch. 138, p. 480, � 2, effective May 4. L. 2015: (5)(c) amended and (5)(e) and (5)(f) added, (HB 15-1008), ch. 90, p. 258, � 1, effective April 10. L. 2018: (5)(c) amended, (HB 18-1283), ch. 270, p. 1666, � 2, effective August 8; (18)(d) amended, (SB 18-034), ch. 14, p. 249, � 45, effective October 1. L. 2021: IP(10.5)(b) amended, (SB 21-293), ch. 301, p. 1812, � 11, effective June 23; (5)(a) amended, (HB 21-1312), ch. 299, p. 1791, � 4, effective July 1. L. 2022: (10.7) added, (HB 22-1296), ch. 310, p. 2227, � 2, effective August 10. L. 2023: (5)(a) amended, (SB 23-304), ch. 259, p. 1496, � 1, effective August 7.

Cross references: For the legislative declaration in HB 21-1312, see section 1

of chapter 299, Session Laws of Colorado 2021.

C.R.S. § 39-3-122

39-3-122. Agricultural equipment used in production of agricultural products - CEA facilities - exemption - definition. (1) Agricultural equipment that is used on any farm or ranch in the production of agricultural products is exempt from the levy and collection of property tax.

(2)  On and after January 1, 2023, agricultural equipment that is used in any

CEA facility or greenhouse is exempt from the levy and collection of property tax.

(3)  On and after January 1, 2024, but before January 2, 2029, personal

property is exempted from the levy and collection of property tax if the property is machinery or equipment that is part of a solar energy generating system that is used for agrivoltaics, and if the property:

(a)  Incorporates novel designs, technologies, or configurations that

significantly expand the potential for agricultural activities, including by:

(I)  Elevating the bottom edge height of the panels at least six feet above the

ground;

(II)  Utilizing translucent panels or panels with tubular or other innovative

panel geometry that supports agrivoltaics;

(III)  Incorporating alternative solar tracking algorithms that are tailored to

optimize vegetative growth;

(IV)  Incorporating extended row or panel spacing in a manner that enables

agricultural activities;

(V)  Incorporating modified wire management systems that support livestock,

including raising, lowering, or burying wiring;

(VI)  Incorporating innovative photovoltaic racking structures, including

tensioned wire racking systems, suspension-based systems, or other dynamic photovoltaic racking systems or arrangements;

(VII)  Incorporating agricultural infrastructure that is typically found on a

farm or ranch operation, such as agricultural fences, water sources and distribution, water troughs and tanks, corrals, livestock pens, or produce handling equipment; or

(VIII)  Incorporating agricultural structures that are typically found on an

agricultural operation, such as a tractor shed, a barn, or structures for equipment storage, produce washing, storage, processing, or chilling and packaging;

(b)  Is constructed in a manner that minimizes soil compaction underneath

and in between panels; and

(c)  Is constructed to incorporate design strategies that are planned with the

intent to minimize the negative environmental impact of photovoltaic energy production facilities on ecosystems, native vegetation, state and federally listed species, wildlife migration corridors, and the species, habitats, and ecosystems of greatest conservation need.

(4)  As used in this section, agrivoltaics has the meaning set forth in section

35-1-114 (4)(a).

Source: L. 89: Entire article R&RE, p. 1477, � 1, effective April 23. L. 2022:

Entire section amended, (HB 22-1301), ch. 198, p. 1322, � 2, effective August 10. L. 2023: (2) amended, (SB 23-204), ch. 182, p. 890, � 1, effective August 7; (3) and (4) added, (SB 23-092), ch. 218, p. 1131, � 5, effective August 7. L. 2024, 2nd Ex. Sess.: (2) amended, (HB 24B-1003), ch. 2, p. 25, � 2, effective November 28.

Editor's note: This section is similar to former � 39-3-101 (1)(n) as it existed

prior to 1989.

C.R.S. § 40-24-111

40-24-111. Each day an offense - penalty. (Repealed)

Source: L. 01: p. 380, � 3. R.S. 08: � 5441. C.L. � 2845. CSA: C. 139, � 31. CRS

53: � 116-5-11. C.R.S. 1963: � 116-5-11. L. 2000: Entire section repealed, p. 219, � 8, effective March 29.

ARTICLE 25

Express Business

40-25-101 to 40-25-103. (Repealed)


Source: L. 2000: Entire article repealed, p. 219, � 8, effective March 29.


Editor's note: This article was numbered as article 6 of chapter 116, C.R.S.

1963, and was not amended prior to its repeal in 2000. For the text of this article prior to 2000, consult the 1999 Colorado Revised Statutes.

ARTICLE 26

Railroad Tickets

40-26-101 to 40-26-109. (Repealed)


Source: L. 2000: Entire article repealed, p. 219, � 8, effective March 29.


Editor's note: This article was numbered as article 7 of chapter 116, C.R.S.

1. For amendments to this article prior to its repeal in 2000, 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 27

Killing Stock - Fencing

C.R.S. § 40-27-102

40-27-102. Fence right-of-way - cattle guards. (1) Every railway company or corporation whose lines or roads, or any part thereof, are open for use, within six months after the lines of such railways or any part thereof are open, except at the crossings of public roads and highways and within the limits of incorporated towns and cities or the yard limits of established stations, shall erect and thereafter maintain fences on the sides of their roads, or the part thereof open to use, where the same pass through, along, or adjoining enclosed or cultivated fields or unenclosed lands, with openings and gates therein to be hung and have latches and hinges, so that they may be opened and shut at all necessary farm crossings of the road, for the use of the proprietors or owners of the land adjoining such railroad, and shall construct and maintain at all public road crossings good and sufficient cattle guards.

(2)  Such fences, gates, and cattle guards for the protection of livestock shall

be constructed as defined in section 35-46-101 (1), C.R.S., and shall be amply sufficient to prevent horses, mules, asses, and cattle from getting on said railroads; and, so long as such fences and guards, or any part thereof, are not sufficient or not in sufficiently good repair to accomplish the objective for which they are intended, such railroad corporation shall be liable for any and all damages which are done by the agent, employees, engines, trains, or cars of any other corporation permitted and running over and upon their said railroad to any such cattle, horses, asses, or mules thereon. When such fences, gates, and guards have been built and duly made and are kept in good and sufficient repair, such railroad corporation shall not be liable for any such damages unless the same were occasioned by the negligence or carelessness of such railway company or corporation or the assignee or lessee thereof.

(3)  Where gates are constructed and maintained at farm crossings, opening

into enclosed pastures or cultivated fields, it is the duty of the owner or occupant of such fields or pastures so provided with gates to see that such gates are kept closed at all times when not actually in use, and where it is shown that any such gate has been left open, the owner or occupant of such lands shall be held responsible for any stock killed or damaged because of such open gate.

Source: L. 11: p. 400, � 1. C.L. � 2863. CSA: C. 139, � 49. CRS 53: � 116-8-2.

C.R.S. 1963: � 116-8-2.

C.R.S. § 40-27-103

40-27-103. Liability for injury to stock. Any railroad company running or operating its roads in this state and failing to fence on both sides thereof against livestock running at large at all points shall be absolutely liable to the owners of any such livestock killed, injured, or damaged by their agents, employees, engines, or cars or by the agents, employees, engines, or cars belonging to any other railroad company or corporation running over and upon such road.

Source: L. 11: p. 401, � 2. C.L. � 2864. CSA: C. 139, � 50. CRS 53: � 116-8-3.

C.R.S. 1963: � 116-8-3.

C.R.S. § 40-27-104

40-27-104. Compliance prima facie defense. Any railway company or corporation or the assignee or lessee thereof whose road is enclosed with good and sufficient fences, gates, and cattle guards, as provided in section 40-27-102, capable of keeping such animals from being upon such road may plead and prove the same as a defense to any action under sections 40-27-102 to 40-27-113 for any killing, damaging, or injury to such animals occurring within such enclosure; but such plea or fact shall not be held to preclude the owner or his agent from showing that such killing, damage, or injury was caused by the negligence or carelessness of such railway company or corporation or the assignee or lessee thereof, for the purpose of showing liability notwithstanding such fencing.

Source: L. 11: p. 402, � 3. C.L. � 2865. CSA: C. 139, � 51. CRS 53: � 116-8-4.

C.R.S. 1963: � 116-8-4.

C.R.S. § 40-27-105

40-27-105. Burden of proof. The killing or injury of any animal by a railway company or corporation shall be prima facie evidence of the negligence of said railway company or corporation, and every railway company or corporation in this state and every assignee or lessee thereof shall be liable to pay to the owner the full value of each animal killed and all damages to each animal injured by the engines or cars of such railway company or corporation in this state or the assignee or lessee thereof unless the railway company or corporation, by competent evidence, shall affirmatively show that such killing or wounding was not caused by the negligence of such railway company or corporation or the assignee or lessee thereof. On the trial of all actions for damages arising under this article, in order to admit evidence of absence of negligence, the defendants shall first be held to show a compliance with sections 40-27-102 to 40-27-113 in relation to the erection and maintenance of fences, gates, and cattle guards.

Source: L. 11: p. 402, � 4. C.L. � 2866. CSA: C. 139, � 52. CRS 53: � 116-8-5.

C.R.S. 1963: � 116-8-5.

C.R.S. § 42-12-402

42-12-402. Storage. A collector may store one or more motor vehicles or motor vehicle parts on the collector's property if the vehicle, motor vehicle part, and storage area are maintained so as to not constitute a health hazard, a safety hazard, or a fire hazard; are screened from ordinary public view by means of a solid fence, trees, shrubbery, or other appropriate means; and are kept free of weeds, trash, and objectionable items.

Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86,

p. 241, � 1, effective August 10.

Editor's note: This section is similar to former � 42-12-103 as it existed prior

to 2011.

C.R.S. § 43-1-1306

43-1-1306. Disposition of state rail bank property. (1) The executive director shall maintain property within the state rail bank, including weed control, in a manner that minimizes maintenance costs and provides a benefit to the state. The executive director shall assume the responsibilities of the abandoning railroad company for the construction and maintenance of fencing of abandoned rail lines or railroad rights-of-way within the state rail bank; except that, where no agreement exists, then no requirement for fencing shall be imposed.

(2)  The executive director may make property in the state rail bank available

for interim recreational purposes, but such interim recreational use shall not limit the ability to restore or reconstruct the property for railroad service or other transportation services.

(3)  The executive director may provide a first right of refusal to purchase or

lease any rail line or railroad right-of-way held in the state rail bank to metropolitan or regional transportation authorities, cities, towns, counties, or transit agencies if those entities have first undertaken and approved a plan or program to use the property for transportation purposes.

(4)  The executive director may sell or lease any rail line or railroad right-of-way held in the state rail bank to a financially responsible railroad operator who will

use the property to provide rail service. In any sale of a rail line or railroad right-of-way held in the state rail bank pursuant to this subsection (4) or section 43-1-803 (2), the executive director shall retain a possibility of reverter to the state in the event that the railroad operator abandons the rail line or railroad right-of-way or if the rail line or railroad right-of-way is used or conveyed for any purpose other than the operation of railroad services, and, additionally, for any purpose that is inconsistent or in conflict with the continued provision of rail service on the line. The department shall retain a right of first refusal to purchase the rail line, railroad right-of-way, or any right to use such rail line or right-of-way in the event the railroad operator sells all or any part of the rail line, railroad right-of-way, or any right to use such rail line or right-of-way. Any such property that reverts back to the state shall be held in the state rail bank.

(5)  The executive director may convert property in the state rail bank to

other transportation uses following appropriate studies and upon approval by the commission and the TLRC.

(6)  The executive director shall ensure that, in any sale, lease, or other

conveyance of a rail line or railroad right-of-way held in the state rail bank, any agreement of the railroad company that abandoned such rail line or right-of-way to construct or maintain fencing relative to such rail line or right-of-way shall be transferred to the person to whom the right-of-way is conveyed.

(7) (a)  Any transfer of title of the railroad rights-of-way from a railroad

company as provided in this part 13 or in section 43-1-803 shall not impair or diminish the right of any ditch owner to construct, operate, maintain, or enlarge any irrigation ditch as provided by law. Any damage to an irrigation ditch that is located in or adjacent to such railroad right-of-way and any increases in ditch maintenance caused by the use of the railroad right-of-way for a public purpose shall be the responsibility of the person to whom the title of the railroad right-of-way was transferred. Any such transfer of title shall not impair or diminish existing contracts between the railroad company and any ditch owner for the use, operation, and maintenance of any ditch. The executive director shall ensure that the necessary contract provisions and deed restrictions or annotations, pursuant to this subsection (7), are made to the documents required to transfer the title of such railroad right-of-way.

(b)  An owner of an irrigation ditch located in or adjacent to the railroad right-of-way to which title is transferred as provided in this part 13 or in section 43-1-803

is immune from suit and from any and all liability arising out of or related to the use of the railroad right-of-way for a public purpose.

Source: L. 97: Entire part added, p. 1621, � 2, effective June 4. L. 99: (4)

amended, p. 544, � 4, effective May 5. L. 2009: (3) amended, (SB 09-094), ch. 280, p. 1252, � 6, effective May 20.

C.R.S. § 43-1-203

43-1-203. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Highway includes bridges on the roadway and culverts, sluices, drains,

ditches, waterways, embankments, retaining walls, trees, shrubs, and fences along or upon the same and within the right-of-way, and any subsurface support acquired in accordance with section 43-1-209.

Source: L. 21: p. 362, � 3. C.L. � 1387. CSA: C. 143, � 94. CRS 53: � 120-3-3.

C.R.S. 1963: � 120-3-3. L. 2008: (1) amended, p. 627, � 2, effective August 5.

C.R.S. § 43-1-411

43-1-411. Issuance of permits prohibited - when. (1) No permit shall be issued for the erection, use, or maintenance of any advertising device which is or would be:

(a)  At a point where it would encroach upon the right-of-way of a public

highway without written approval of the department;

(b)  Along the highway within five hundred feet of the center point of an

intersection of such highway at grade with another highway or with a railroad in such manner as materially to obstruct or reduce the existing view of traffic on the other highway or railroad trains approaching the intersection and within five hundred feet of such center point;

(c)  Along a highway at any point where it would reduce the existing view of

traffic in either direction or of traffic control or official highway signs to less than five hundred feet;

(d)  Designed, used, or intended to be designed or used to include more than

two advertising panels on an advertising device facing in the same direction.

(2)  On or after July 1, 1981, no permit shall be issued for any advertising

device which required a permit under state law prior to July 1, 1981, and for which no permit was obtained.

(3)  No permit shall be issued for any advertising device which simulates any

official, directional, or warning sign erected or maintained by the United States, this state, or any county or municipality or which involves light simulating or resembling traffic signals or traffic control signs.

(4)  No permit shall be issued for any advertising device nailed, tacked,

posted, or attached in any manner on trees, perennial plants, rocks, or other natural objects or on fences or fence posts or poles maintained by public utilities.

(5)  No permit shall be issued nor any renewal issued for any advertising

device which becomes decayed, insecure, or in danger of falling or otherwise is unsafe or unsightly by reason of lack of maintenance or repair, or from any other cause.

(6)  No permit shall be issued for any advertising device which does not

conform to size, lighting, and spacing standards as prescribed by rules and regulations adopted by the department, where such rules and regulations were adopted prior to the erection of said device.

Source: L. 81: Entire part R&RE, p. 2013, � 1, effective July 1. L. 2001: (1)(d)

amended, p. 411, � 2, effective April 19.

Editor's note: This section is similar to former � 43-1-418 as it existed prior to

1981.

C.R.S. § 43-1-504

43-1-504. Permits issued - when. The department has the sole authority to issue permits for the establishment, maintenance, and operation of junkyards within the limits prescribed by this part 5. No permit shall be issued unless such junkyard can be effectively screened, as required by regulation, by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of such highways. Such screening shall be at the expense of the person applying for said permit.

Source: L. 66: p. 10, � 4. C.R.S. 1963: � 120-16-4.

C.R.S. § 43-1-509

43-1-509. Screening - removal of existing junkyards. Any junkyard in existence on February 11, 1966, which is not in compliance with this part 5 shall, at the expense of the department, be screened, as provided by regulations, by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the highway or, at the expense of the department, shall be removed from sight. The department is authorized to acquire, move, or relocate property, real or personal, or interests therein, by purchase, donation, condemnation, or by exchange of other property owned by the state to accomplish such objectives and to dispose of any property, real or personal, acquired thereby.

Source: L. 66: p. 11, � 9. C.R.S. 1963: � 120-16-9.


Cross references: For condemnation proceedings, see articles 1 to 7 of title

38.

PART 6

TRANSPORTATION SERVICES FOR THE ELDERLY

AND FOR PERSONS WITH DISABILITIES

C.R.S. § 43-4-1402

43-4-1402. Colorado wildlife safe passages fund - creation - use of fund - report. (1) The Colorado wildlife safe passages fund is hereby created in the state treasury. The fund consists of money transferred from the general fund to the fund pursuant to subsection (4) of this section, all private and public money received through gifts, grants, or donations that are transmitted to the state treasurer and credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund.

(2)  The state treasurer shall credit all interest and income derived from the

deposit and investment of money in the fund to the fund.

(3) (a)  Money in the fund is continuously appropriated to the department to

fund projects that provide safe road crossings for connectivity of wildlife and reduce wildlife-vehicle collisions and also for the following purposes:

(I)  For the full range of wildlife crossing project needs including:


(A)  Projects identified on the department's ten-year priority pipeline projects

list with wildlife passage components or other wildlife passage opportunities identified by the department, the division, the alliance, any board of county commissioners, or any tribal government; and

(B)  Costs related to project feasibility studies, planning, construction,

retrofitting, and maintenance of wildlife road crossing infrastructure; roadkill tracking and studies; animal detection systems; signage; exclusionary fencing; and wildlife jump outs and to assist with private land conservation efforts;

(II)  To provide matching money as required of the state by federal grant

programs relating to wildlife crossing projects; and

(III)  For administrative and personnel expenses related to the purposes for

the fund set forth in this section.

(b)  The department shall:


(I)  Consult with the division and the alliance concerning the distribution of

money from the fund for the purposes specified in this section and, if the money is distributed to a project on or adjacent to tribal land, also consult with the tribal government;

(II)  Prioritize the department's ten-year priority pipeline projects with wildlife

components, the 2019 western slope wildlife prioritization study, and any subsequent studies concerning the prioritization of wildlife within the state when reviewing projects to receive money from the fund; and

(III)  Consider distributing money from the fund to projects to fill funding

gaps for wildlife road crossings and connectivity that are not otherwise budgeted or required for projects under other federal or state obligation.

(4)  On September 1, 2022, the state treasurer shall transfer five million

dollars from the general fund to the fund for use by the department as set forth in subsection (3) of this section.

(5)  The department shall report annually to the governor's office, the

department of natural resources, the division, the alliance, and great outdoors Colorado regarding its expenditures from the fund, including, at a minimum:

(a)  An aggregate accounting of all money expended from the fund during

the prior fiscal year; and

(b)  A listing of all projects receiving funding from the fund and the amount of

funding for each project during the prior fiscal year.

Source: L. 2022: Entire part added, (SB 22-151), ch. 293, p. 2108, � 2,

effective August 10.

PART 15

FUELS IMPACT ENTERPRISE

C.R.S. § 43-5-301

43-5-301. Obstructing highway - penalty. No person or corporation shall erect any fence, house, or other structure or dig pits or holes in or upon any highway, or place thereon or cause or allow to be placed thereon any stones, timber, or trees or any obstruction whatsoever. No person or corporation shall tear down, burn, or otherwise damage any bridge of any highway, or cause wastewater or the water from any ditch, road, drain, flume, agricultural crop sprinkler system, or other source to flow or fall upon any road or highway so as to damage the same or to cause a hazard to vehicular traffic. Any person or corporation so offending commits a civil infraction and shall also be liable to any person, unit of government, or corporation in a civil action for any damages resulting therefrom.

Source: L. 1883: p. 261, � 36. G.S. � 2988. L. 1885: p. 325, � 1. R.S. 08: �

1. C.L. � 1280. CSA: C. 143, � 34. CRS 53: � 120-4-1. C.R.S. 1963: � 120-4-1. L. 81: Entire section amended, p. 1775, � 2, effective July 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3326, � 780, effective March 1, 2022.

   Cross references: For damaging road, ditch, or flume, see � 7-42-109; for the penalty for cutting or breaking ditch or flume, see � 37-89-101; for obstructing highway or other passageway, see � 18-9-107; for the penalty for a civil infraction, see � 18-1.3-503.

C.R.S. § 8-14-103

8-14-103. Flooring - hoisting of materials - regulations. (1) All contractors and owners, when constructing buildings in cities where the plans and specifications require the floors to be arched between the beams thereof or where the floors or filling in between the floors are of fireproof material or brick work, shall complete the flooring or filling in as the building progresses to not less than within three tiers of beams below that on which the iron work is being erected. If the plans and the specifications of the buildings do not require filling in between the beams of floors with brick or fireproof material, all contractors for carpenter work in the course of construction shall lay the underflooring thereof on each story as the building progresses to not less than within two stories below the one to which the building has been erected.

(2)  Where double floors are not to be used, the contractor shall keep the

floor planked over not less than two stories below the story where the work is being performed. If the floor beams are of iron or steel, the contractor for the iron or steel work of building in course of construction, or the owners of such building, shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected except such spaces as may be reasonably required for the proper construction of such iron or steel work and for the raising or lowering of materials to be used in the construction of the building or such spaces as may be designated by the plans and specifications for stairways and elevator shafts. If elevators, elevating machines, or hod-hoisting apparatus are used within a building in the course of construction for the purpose of lifting materials to be used in the construction, the contractors or owners shall cause the shafts or openings in each floor to be enclosed or fenced in on all sides by a barrier at least eight feet in height; except on two sides, which may be used for taking off and putting on materials, and those sides shall be guarded by an adjustable barrier not less than three nor more than four feet from the floor and not less than two feet from the edge of the shaft or opening. If a building in course of construction is five stories or more in height, no lumber or timber needed for such construction shall be hoisted or lifted on the outside of the building.

Source: L. 13: p. 449, � 3. C.L. � 4188. CSA: C. 97, � 119. CRS 53: � 80-16-3.

C.R.S. 1963: � 80-13-3.

C.R.S. § 8-20-411

8-20-411. Location and charging of containers. (1) Permanently installed American petroleum institute-American society of mechanical engineers or United States department of transportation containers or surface transportation board containers provided with excess flow or back-flow check valves shall be located and filled in accordance with the applicable requirements of basic rules of the national fire code described in section 8-20-405. Private streets, roads, or rights-of-way shall not be classed as public streets or highways for the purpose of sections 8-20-405 to 8-20-411.

(2)  DOT containers not provided with excess flow or back-flow check valves

shall not be filled within the limits or boundaries of an area in which two or more mobile vehicles are situated. Such containers shall be filled in accordance with the applicable provisions of basic rules and of the national fire code, at a properly equipped container filling plant. Such plant shall be located at least fifty feet from the nearest trailer, important building, or line of property that may be built upon, and at least twenty-five feet from any public road, street, or highway. Such filling plant shall be enclosed by man-proof fencing or otherwise protected from tampering or physical damage. The area shall be kept locked when unattended.

(3)  Container charging operations shall be performed only by qualified

personnel.

Source: L. 63: p. 735, � 7. C.R.S. 1963: � 100-5-11. L. 2001: (1) and (2)

amended, p. 1266, � 4, effective June 5. L. 2003: (1) amended, p. 1827, � 18, effective May 21. L. 2005: (2) amended, p. 1348, � 20, effective August 8.

Cross references: For the legislative declaration contained in the 2003 act

amending subsection (1), see section 1 of chapter 279, Session Laws of Colorado 2003.

C.R.S. § 9-1-106

9-1-106. Loss of life - penalty. If any lives are lost by reason of the willful negligence and failure to observe the provisions of this article, the person through whose default such loss of life was occasioned commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

Source: G.L. � 117. G.S. � 138. R.S. 08: � 433. C.L. � 5472. CSA: C. 26, � 7.

CRS 53: � 17-1-6. C.R.S. 1963: � 17-1-6. L. 72: p. 556, � 8. L. 77: Entire section amended, p. 869, � 20, effective July 1, 1979. L. 89: Entire section amended, p. 821, � 7, effective July 1. L. 2002: Entire section amended, p. 1467, � 22, effective October 1.

Editor's note: The effective date for amendments made to this section by

chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, � 21, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).

Cross references: (1)  For the crimes of manslaughter and criminally

negligent homicide, see �� 18-3-104 and 18-3-105.

(2)  For the legislative declaration contained in the 2002 act amending this

section, see section 1 of chapter 318, Session Laws of Colorado 2002.

ARTICLE 1.3

Low-flow Plumbing Fixtures

9-1.3-101 to 9-1.3-106. (Repealed)


Editor's note: (1)   This article was added in 1989. For amendments to this

article prior to its repeal in 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory explanatory note beginning on page vii in the front of this volume.

(2)  Section 9-1.3-106 provided for the repeal of this article, effective

September 1, 2016. (See L. 2014, pp. 1878, 1880.)

Cross references: For current provisions regarding low-efficiency plumbing

fixtures and water and energy efficiency standards, see article 7.5 of title 6.

ARTICLE 1.5

Excavation Requirements

9-1.5-101.  Legislative declaration. The purpose of this article is to prevent

injury to persons and damage to property from accidents resulting from damage to underground facilities by excavation. This purpose shall be facilitated through the creation of a single statewide notification system to be administered by an association of the owners and operators of underground facilities. Through the association, excavators shall be able to obtain crucial information regarding the location of underground facilities prior to excavating and shall thereby be able to greatly reduce the likelihood of damage to any such underground facility or injury to any person working at an excavation site.

Source: L. 81: Entire article added, p. 520, � 1, effective October 1. L. 93:

Entire article amended, p. 498, � 1, effective September 1.

9-1.5-102.  Definitions. As used in this article 1.5, unless the context

otherwise requires:

(1)  ASCE 38 means the standard for defining the quality of an underground

facility location as defined in the current edition of the American Society of Civil Engineers' Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data (CI/ASCE 38-02) or an analogous successor standard as determined by the safety commission.

(1.5)  Damage includes the penetration or destruction of any protective

coating, housing, or other protective device of an underground facility, the denting or partial or complete severance of an underground facility, or the rendering of any underground facility inaccessible.

(2)  Emergency situations includes ruptures and leakage of pipelines,

explosions, fires, and similar instances where immediate action is necessary to prevent loss of life or significant damage to property, including, without limitation, underground facilities, and advance notice of proposed excavation is impracticable under the circumstances.

(3)  Excavation means any operation in which earth is moved or removed by

means of any tools, equipment, or explosives and includes augering, backfilling, boring, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching, hydro excavating, postholing, and tunneling. Excavation does not include:

(a)  Routine maintenance on existing planted landscapes; or


(b)  An excavation by a rancher or a farmer, as defined in section 42-20-108.5,

occurring on a ranch or farm when the excavation involves:

(I)  Any form of existing agricultural activity that is routine for that ranch or

farm;

(II)  Land clearing if the activity does not involve deep ripping or deep root

removal of trees or shrubs; or

(III)  Routine maintenance of:


(A)  An existing irrigation facility if the facility has been subjected to

maintenance in the previous twenty-four months; or

(B)  Existing fence lines.


(3.4)  Gravity-fed system means any underground facility that is not

pressurized and that utilizes gravity as the only means to transport its contents. These systems include sanitary sewer lines, storm sewer lines, and open-air irrigation ditches.

(3.7)  Licensed professional engineer means a professional engineer as

defined in section 12-120-202 (7).

(4)  Notification association or association means the statewide

notification association of owners and operators of underground facilities created in section 9-1.5-105.

(5) (a)  Operator or owner means any person, including public utilities,

municipal corporations, political subdivisions, or other persons having the right to bury underground facilities in or near a public road, street, alley, right-of-way, or utility easement.

(b)  Operator or owner does not include any railroad.


(6)  Person means any individual acting on his or her own behalf, sole

proprietor, partnership, association, corporation, or joint venture; the state, any political subdivision of the state, or any instrumentality or agency of either; or the legal representative of any of them.

(6.5)  Routine maintenance means a regular activity that happens at least

once per year on an existing planted landscape if earth is not disturbed at a depth of more than twelve inches by nonmechanical means or four inches by mechanical means and if the activities are not intended to permanently lessen the ground cover or lower the existing ground contours. Mechanical equipment used for routine maintenance tasks shall be defined as aerators, hand-held rototillers, soil injection needles, lawn edgers, overseeders, and hand tools.

(6.7)  Subsurface utility engineering notification means a notice to the

notification association that a project is being designed by a licensed professional engineer and that the project will include the investigation and depiction of existing underground facilities that meet or exceed the ASCE 38 standard.

(6.8)  Subsurface utility engineering-required project means a project that

meets all of the following conditions:

(a)  The project involves a construction contract with a public entity, as that

term is defined in section 24-91-102;

(b)  The project involves primarily horizontal construction and does not

involve primarily the construction of buildings;

(c) (I)  The project:


(A)  Has an anticipated excavation footprint that exceeds two feet in depth

and that is a contiguous one thousand square feet; or

(B)  Involves utility boring.


(II)  For purposes of this subsection (6.8)(c), the term two feet in depth does

not include rotomilling, and the contiguous one thousand square feet does not include fencing and signing projects.

(d)  The project requires the design services of a licensed professional

engineer.

(6.9)  Underground damage prevention safety commission or safety

commission means the enforcement authority established in section 9-1.5-104.2.

(7)  Underground facility means any item of personal property which is

buried or placed below ground for use in connection with the storage or conveyance of water or sewage, electronic, telephonic, or telegraphic communications or cable television, electric energy, or oil, gas, or other substances. Item of personal property, as used in this subsection (7), includes, but is not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, and attachments thereto.

Source: L. 81: Entire article added, p. 520, � 1, effective October 1. L. 93:

Entire article amended, p. 498, � 1, effective September 1. L. 2000: (3) and (6) amended, p. 685, � 1, effective May 23. L. 2009: (2) and (3) amended and (6.5) added, (HB 09-1092), ch. 38, p. 151, � 1, effective August 5. L. 2018: IP, (1), and (3) amended and (1.5), (3.4), (3.7), and (6.7) to (6.9) added, (SB 18-167), ch. 256, p. 1561, � 1, effective August 8. L. 2019: (3.7) amended, (HB 19-1172), ch. 136, p. 1650, � 27, effective October 1.

9-1.5-103.  Plans and specifications - notice of excavation - duties of

excavators - duties of owners and operators - fee - definition.

(1)  (Deleted by amendment, L. 93, p. 499, � 1, effective September 1, 1993.)


(2)  Architects, engineers, or other persons designing excavation shall obtain

general information as to the description, nature, and location of underground facilities in the area of such proposed excavation and include such general information in the plans or specifications to inform an excavation contractor of the existence of such facilities and of the need to obtain information thereon pursuant to subsection (3) of this section.

(2.4)  At the project owner's expense, a licensed professional engineer

designing for a subsurface utility engineering-required project shall:

(a)  Notify the notification association with a subsurface utility engineering

notification;

(b)  Either:


(I)  Meet or exceed the ASCE 38 standard for defining the underground

facility location in the stamped plans for all underground facilities within the proposed excavation area; or

(II)  Document the reasons why any underground facilities depicted in the

stamped plans do not meet or exceed ASCE 38 utility quality level B or its successor utility quality level;

(c)  Attempt to achieve ASCE 38 utility quality level B or its successor utility

quality level on all utilities within the proposed excavation area unless a reasonable rationale by a licensed professional engineer is given for not doing so; and

(d)  Document the reasons why any underground facilities depicted in the

stamped plans do not meet or exceed ASCE 38 utility quality level A or its successor utility quality level for underground facilities at the point of a potential conflict with the installation of a gravity-fed system.

(2.7)  An underground facility owner that receives a subsurface utility

engineering notification or other request for information from a designer shall respond to the request within ten business days after the request, not including the day of actual notice, in one or more of the following ways:

(a)  Provide underground facility location records that give the available

information on the location, not to include depth, of underground facilities within the project limits;

(b)  Provide a mark on the ground that gives the approximate location, not to

include depth, of its underground facilities within the project limits; or

(c)  Provide the available information as to the approximate location, not to

include depth, of its underground facilities within the project limits.

(3) (a) (I)  Repealed.


(II)  Effective January 1, 2021, except in emergency situations, except as to an

employee or an employer's contractor with respect to the employer's underground facilities, and except as otherwise provided in subsection (3)(e) of this section, a person shall not make or begin excavation without first notifying the notification association. Notice may be given by electronic methods approved by the notification association or by telephone.

(b)  Notice of the commencement, extent, and duration of the excavation

work shall be given at least two business days prior thereto not including the day of actual notice.

(c) (I)  Any notice given pursuant to subsection (3)(b) of this section must

include the following:

(A)  The name and telephone number of the person who is giving the notice;


(B)  The name and telephone number of the excavator; and


(C)  The specific location, starting date, and description of the intended

excavation activity.

(II)  If an area of excavation cannot be accurately described on the locate

request, the excavator shall notify the owner or operator of the area of excavation using one or more of the following methods:

(A)  Physical delineation with white marks on a hard surface area;


(B)  Electronic delineation on a map, plan sheet, or aerial photograph that can

be transmitted electronically from the excavator to the facility owner or operator through the notification association; or

(C)  Scheduling an on-site meeting between the excavator and the owner or

operator.

(d)  An excavator requiring existing marked underground facilities to be

exposed may list a single secondary excavator on its notice to the notification association and employ the services of the listed secondary excavator to expose marked underground facilities using reasonable care to not damage the facilities. The secondary excavator may expose marked underground facilities under the excavator's notice to the notification association only if the excavator has complied with this subsection (3).

(e) (I)  Notwithstanding any other provision of this article 1.5, excavation that

is routine or emergency maintenance of the right-of-way of a county-maintained gravel or dirt road and is performed by county employees does not require notification of the notification association unless the excavation will:

(A)  Lower the existing grade or elevation of the road or any adjacent

shoulder or the designed and constructed elevation of any adjacent ditch flowline; or

(B)  Disturb more than six inches in depth as it is conducted.


(II)  As used in this subsection (3)(e), ditch flowline means the line running

the length of the bottom of a ditch so that water entering the ditch runs first to the line and thereafter down the line.

(4) (a) (I)  Any owner or operator receiving notice pursuant to subsection (3) of

this section shall, at no cost to the excavator and within two business days, not including the day of actual notice, use reasonable care to advise the excavator of the location, number, and size of any underground facilities in the proposed excavation area, including laterals in the public right-of-way, by marking the location of the facilities with clearly identifiable markings within eighteen inches horizontally from the exterior sides of the facilities. The markings must include the depth, if known, and shall be made pursuant to the uniform color code as approved by the American Public Works Association. The markings must meet the marking standards as established by the safety commission pursuant to section 9-1.5-104.2 (1)(a)(I). The documentation required by this subsection (4)(a)(I) shall be provided to the excavator through the notification association and must meet or exceed any quality standards established by the safety commission pursuant to section 9-1.5-104.2 (1)(a)(I). In addition to the markings, the owner or operator shall provide for each of its underground facilities:

(A)  Documentation listing the owner's or operator's name and the size and

type of each marked underground facility; and

(B)  Documentation of the location of the underground facilities in the form of

a digital sketch, a hand-drawn sketch, or a photograph that includes a readily identifiable landmark, where practicable.

(II)  A sewer system owner or operator shall provide its best available

information when marking the location of sewer laterals in the public right-of-way with clearly identifiable markings. Best available information includes tap measurements and historic records. If the sewer lateral can be electronically located, the sewer system owner or operator shall mark and document the location of the sewer laterals in accordance with this subsection (4)(a). If a sewer system owner or operator of a sewer lateral cannot electronically locate the sewer lateral, the excavator shall find the sewer lateral.

(III)  The marking of customer-owned laterals in the public right-of-way is for

informational purposes only, and an owner or operator is not liable to any party for damages or injuries resulting from damage done to customer-owned laterals.

(IV)  If a person is involved in excavating across a preexisting underground

facility, the owner of such facility shall, upon a predetermined agreement at the request of the excavator or the owner, provide on-site assistance. Any owner or operator receiving notice concerning an excavator's intent to excavate shall use reasonable care to advise the excavator of the absence of any underground facilities in the proposed excavation area by providing positive response documentation to the excavator through the notification association that no underground facilities exist in the proposed excavation area. An owner or operator shall, within the time limits specified in subsection (6) of this section, provide to the excavator evidence, if any, of underground facilities abandoned after January 1, 2001, known to the owner or operator to be in the proposed excavation area.

(b)  The marking of underground facilities shall be considered valid so long as

the markings are clearly visible, but not for more than thirty calendar days following the due date of the locate request initiated pursuant to subsection (3) of this section. If an excavation has not been completed within the thirty-day period, the excavator shall notify the notification association at least two business days, not including the day of actual notice, before the end of the thirty-day period.

(b.5)  Any person who willfully or maliciously removes a marking used by an

owner or operator to mark the location of any underground facility, except in the ordinary course of excavation, commits a petty offense.

(c) (I) (A)  When a person excavates within eighteen inches horizontally from

the exterior sides of any marked underground facility, the person shall use nondestructive means of excavation to identify underground facilities and shall otherwise exercise reasonable care to protect any underground facility in or near the excavation area. When utilizing trenchless excavation methods, the excavator shall expose underground facilities and visually observe the safe crossing of marked underground facilities when requested to do so by the underground facility owner or operator or the government agency that issued a permit for the excavation.

(B)  The excavator shall maintain adequate and accurate documentation,

including photographs, video, or sketches and documentation obtained through the notification association, at the excavation site on the location and identification of any underground facility and shall maintain adequate markings of any underground facility throughout the excavation period. A person shall not use a subsurface utility engineering notification for excavation purposes.

(II) (A)  If the documentation or markings maintained pursuant to subsection

(4)(c)(I) of this section become lost or invalid, the excavator shall notify the notification association or the affected owner or operator through the notification association and request an immediate reverification of the location of any underground facility. Upon receipt of the notification, the affected owner or operator shall respond as quickly as is practicable. The excavator shall cease excavation activities at the affected location until the location of any underground facilities has been reverified.

(B)  If the documentation or markings maintained pursuant to subsection

(4)(c)(I) of this section are determined to be inaccurate, the excavator shall immediately notify the affected owner or operator through the notification association and shall request an immediate reverification of the location of any underground facility. Upon receipt of the notification, the affected owner or operator shall respond as quickly as practicable. The excavator may continue excavation activity if the excavator exercises due caution and care to prevent damaging any underground facility.

(III)  If a person performing routine maintenance discovers an underground

facility in the area where the routine maintenance is being performed, the person shall notify the notification association and the affected owner or operator as quickly as practicable and request an immediate verification of the location of any underground facility. Upon receiving notification, the affected owner or operator shall respond as quickly as practicable. The person shall cease routine maintenance activities in the immediate area, as determined by exercising due caution and care, until the location of any underground facilities has been verified.

(5)  In emergency situations, excavators shall take such precautions as are

reasonable under the circumstances to avoid damage to underground facilities and notify affected owners or operators and the notification association as soon as possible of such emergency excavations. In the event of damage to any underground facility, the excavator shall immediately notify the affected owner or operator and the notification association of the location and extent of such damage.

(6)  If documentation or markings requested and needed by an excavator

pursuant to subsection (4) of this section are not provided by the owner or operator within two business days, not including the day of actual notice, or such later time as agreed upon by the excavator and the owner or operator, or, if the documentation or markings provided fail to identify the location of the underground facilities, the excavator shall immediately give notice through the notification association to the owner or operator, may proceed with the excavation, and is not liable for such damage except upon proof of the excavator's lack of reasonable care.

(6.5)  If positive response required pursuant to subsection (4) of this section

is not provided by the owner or operator within two business days, not including the day of actual notice, or by a later time as otherwise agreed upon in writing, the notification association shall send an additional renotification to that owner or operator. The notification association shall continue to send out renotifications daily until the notification association receives the positive response.

(7) (a)  In the event of damage to an underground facility, the excavator,

owner, and operator shall cooperate to mitigate damages to the extent reasonably possible, including the provision of in-kind work by the excavator where technical or specialty skills are not required by the nature of the underground facility. Such in-kind work may be under the supervision and pursuant to the specifications of the owner or operator.

(b)  If damage to an underground facility meets or exceeds the reporting

threshold as established by the notification association pursuant to paragraph (c) of this subsection (7), the owner or operator of the damaged underground facility shall provide the information listed in subparagraphs (I) to (VII) of paragraph (c) of this subsection (7) to the notification association within ninety days after service has been restored.

(c)  The notification association shall create and publicize to its members a

reporting process, including the availability of electronic reporting and a threshold at which reporting is required, to compile the following information:

(I)  The type of underground facility that was damaged;


(II)  Whether notice of the intention to excavate was provided to the

notification association;

(III)  Whether the underground facility had been validly marked prior to being

damaged;

(IV)  The type of service that was interrupted;


(V)  Repealed.


(VI)  The duration of the interruption; and


(VII)  The location of the area where the underground facility was damaged.


(d)  The notification association shall include a statistical summary of the

information provided to it under this subsection (7) in the annual report required under section 9-1.5-105 (2.6).

(e) (I)  On or before July 1 of each year, the notification association shall

prepare and submit to the safety commission an annual report for each owner or operator summarizing the following data from the prior calendar year:

(A)  The number of locate requests submitted to the owner or operator

pursuant to subsection (4) of this section;

(B)  The number of notices submitted to the owner or operator pursuant to

subsection (6) of this section;

(C)  The percentage of locate requests resulting in notices submitted to the

owner or operator pursuant to subsection (6) of this section;

(D)  The number of renotifications submitted to the owner or operator

pursuant to subsection (6.5) of this section; and

(E)  The percentage of locate requests resulting in renotifications submitted

to the owner or operator pursuant to subsection (6.5) of this section.

(II)  The notification association shall make the data in the annual report

electronically accessible to the safety commission for customized reports or research.

(8)  A person who performs maintenance shall take reasonable care when

disturbing the soil.

(9)  If damage results in the escape of any interstate or intrastate natural gas

or other gas or hazardous liquid, the excavator or person that caused the damage shall promptly report to the owner and operator and the appropriate authorities by calling the 911 emergency telephone number or another emergency telephone number. The reporting is in addition to any reporting required to be made to any state or local agency.

(10)  All new underground facilities, including laterals up to the structure or

building being served, installed on or after August 8, 2018, must be electronically locatable when installed.

(11)  Nothing in this article 1.5 affects or impairs any local ordinances or other

provisions of law requiring permits to be obtained before an excavation. A permit issued by a government agency does not relieve an excavator from complying with this article 1.5.

Source: L. 81: Entire article added, p. 521, � 1, effective October 1. L. 93:

Entire article amended, p. 499, � 1, effective September 1. L. 2000: (4)(a), (4)(c), (6), and (7) amended and (4)(b.5) added, p. 685, � 2, effective May 23. L. 2009: (4)(c)(III) and (8) added, (HB 09-1092), ch. 38, p. 152, �� 2, 3, effective August 5. L. 2018: (2.4), (2.7), (6.5), (7)(e), and (9) to (11) added, (3)(a), (3)(c), (3)(d), (4)(a), (4)(b), (4)(c)(I), (4)(c)(II), and (6) amended, and (7)(c)(V) repealed, (SB 18-167), ch. 256, p. 1563, � 2, effective August 8. L. 2021: (4)(b.5) amended, (SB 21-271), ch. 462, p. 3144, � 100, effective March 1, 2022; (3)(a)(II) and (4)(b) amended and (3)(e) added, (HB 21-1095), ch. 173, p. 948, � 1, effective June 1, 2022.

Editor's note: Subsection (3)(a)(I)(B) provided for the repeal of subsection

(3)(a)(I), effective January 1, 2021. (See L. 2018, p. 1563.)

9-1.5-104.  Injunctive relief. (Deleted by amendment)


Source: L. 81: Entire article added, p. 522, � 1, effective October 1. L. 93:

Entire article amended, p. 502, � 1, effective September 1.

9-1.5-104.2.  Underground damage prevention safety commission - creation

• review of violations - enforcement - rules. (1) (a) There is created the underground damage prevention safety commission in the department of labor and employment. The safety commission is a type 2 entity, as defined in section 24-1-105. The safety commission shall:

  (I) Advise the notification association and other state agencies, the general assembly, and local governments on:

  (A) Best practices and training to prevent damage to underground utilities;

  (B) Policies to enhance public safety, including the establishment and periodic updating of industry best standards, including marking and documentation best practices and technology advancements; and

  (C) Policies and best practices to improve efficiency and cost savings to the 811 program, including the review, establishment, and periodic updating of industry best standards, to ensure the highest level of productivity and service for the benefit of both excavators and owners and operators; and

  (II) Review complaints alleging violations of this article 1.5 involving practices related to underground facilities and order appropriate remedial action or penalties.

  (b) The safety commission and the notification association shall enter into a memorandum of understanding to facilitate implementation and administration of this section and sections 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8. The memorandum of understanding must include provisions outlining the roles and responsibilities of the safety commission regarding statewide enforcement and the roles and responsibilities of the notification association in administering the notification association as outlined in section 9-1.5-105.

  (c) Notwithstanding the powers and duties assigned to the safety commission, this section and section 9-1.5-104.4 do not apply to a home rule county, city and county, municipality, or power authority established pursuant to section 29-1-204 (1), and nothing in this article 1.5 authorizes the safety commission to impose a penalty on or enforce a recommendation or remedial action regarding an alleged violation of this article 1.5 against a home rule county, city and county, municipality, or power authority; except that:

  (I) The safety commission shall:

  (A) Inform a home rule county, city and county, municipality, or power authority of an alleged violation of this article 1.5; and

  (B) At the request of the applicable home rule county, city and county, municipality, or power authority, suggest corrective action; and

  (II) Nothing in this subsection (1)(c) prohibits a home rule county, city and county, municipality, or power authority from participating in proceedings of the safety commission.

  (d) The governing body of a home rule county, city and county, municipality, or power authority established pursuant to section 29-1-204 (1) shall adopt by resolution, ordinance, or other official action either:

  (I) Its own damage prevention safety program similar to that established pursuant to this article 1.5; or

  (II) A waiver that delegates its damage prevention safety program to the safety commission.

  (2) (a) The governor shall appoint the following fifteen members of the safety commission, taking into consideration nominations made pursuant to this subsection (2)(a), subject to consent by the senate:

  (I) One individual nominated by Colorado Counties, Inc., to represent counties;

  (II) One individual nominated by the Colorado Municipal League to represent municipalities;

  (III) One individual nominated by the Special District Association of Colorado to represent special districts;

  (IV) One individual nominated by Colorado's energy industry to represent energy producers;

  (V) One individual nominated by the Colorado Contractors Association to represent contractors;

  (VI) Two individuals nominated by the excavator members of the notification association to represent excavators;

  (VII) One individual nominated by the American Council of Engineering Companies of Colorado to represent engineers;

  (VIII) One individual nominated by investor-owner utilities to represent investor-owner utilities;

  (IX) One individual nominated by the Colorado Rural Electric Association to represent rural electric cooperatives;

  (X) One individual nominated by the Colorado Pipeline Association to represent pipeline companies;

  (XI) One individual nominated by the Colorado telecommunications and broadband industry to represent telecommunications and broadband companies;

  (XII) One individual nominated by the Colorado Water Utility Council to represent water utilities;

  (XIII) One individual nominated by the department of transportation to represent transportation; and

  (XIV) One individual nominated by the commissioner of agriculture who is actively engaged in farming or ranching.

  (b) The governor shall make initial appointments by January 1, 2019. The members' terms of office are three years; except that the initial term of one of the members appointed pursuant to:

  (I) Subsections (2)(a)(I) to (2)(a)(V) of this section is one year; and

  (II) Subsections (2)(a)(VI) to (2)(a)(X) of this section is two years.

  (c) Within six months after its creation, the safety commission shall adopt bylaws and provide for those organizational processes that are necessary to complete the safety commission's tasks.

  (d) The safety commission may promulgate rules to implement this section and sections 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8 and may revise the rules as needed.

  (3) The safety commission shall meet at least once every three months. The safety commission shall operate independently of the notification association; however, the notification association and the department of labor and employment shall provide administrative support to the safety commission in performing its duties as outlined in this section.

  (4) The safety commission may review complaints of alleged violations of this article 1.5. Any person may bring a complaint to the safety commission regarding an alleged violation. A person who brings a frivolous complaint, as determined by the safety commission, commits a minor violation and is subject to a fine as authorized by section 9-1.5-104.4.

  (5) To review a complaint of an alleged violation, the safety commission shall appoint at least three and not more than five of its members as a review committee. The review committee must include the same number of members representing excavators and owners or operators and at least one member who does not represent excavators or owners or operators. A safety commission member who has a conflict of interest with regard to a particular matter shall recuse himself or herself from serving on a review committee with regard to that matter.

  (6) (a) Before reviewing a complaint, the review committee shall notify the person making the complaint and the alleged violator of its intent to review the complaint and of the opportunity for both parties to participate. The notification must include the hearing date for the complaint, which must be scheduled for a date within ninety days after the date on which the safety commission received the complaint, and a statement that the parties may submit written or oral comments at the hearing. The hearing date can be postponed by mutual agreement of the parties to a date that is acceptable to the review committee. The complaining party may voluntarily withdraw the complaint prior to a hearing by the review committee. The safety commission shall promulgate rules governing the conduct of hearings under this section.

  (b) The review committee shall determine whether a violation of the law has occurred and, if appropriate, recommend remedial action consistent with the guidance developed pursuant to section 9-1.5-104.4 (2). A recommendation of remedial action that includes a fine requires a unanimous vote of the review committee. The review committee shall not recommend remedial action or a fine against a homeowner, rancher, or farmer, as defined in section 42-20-108.5, unless the review committee finds by clear and convincing evidence that a violation of the law has occurred. Within seven business days after the completion of the hearing, the review committee shall provide to the safety commission in writing a report of its findings of facts, its determination of whether a violation of the law has occurred, and any recommendation of remedial action or penalty.

  (7) The safety commission is bound by the review committee's findings of fact and decision, but the safety commission may adjust the review committee's recommendation of remedial action or penalty if an adjustment is supported by at least twelve members of the safety commission. Within ten business days after the safety commission meeting to review the findings and recommendations of the review committee, the safety commission shall provide in writing to the person making the complaint and the alleged violator a summary of the review committee's findings and the safety commission's final determination with respect to any required remedial action or penalty. The decision of the safety commission is final agency action subject to review by the district court pursuant to section 24-4-106.

  (8) If a decision by the safety commission involves a fine authorized by section 9-1.5-104.4, the safety commission shall invoice for and collect the fine indicating that a violation of this article 1.5 has been committed by a person or involving the underground facilities of a person. The safety commission may enforce the fine assessed under this article 1.5 as provided in section 24-30-202.4.

  (9) (a) If a person does not comply with the safety commission's decision, the safety commission, represented by the attorney general, may enforce this article 1.5 by bringing an action in the Denver district court. In an action brought by the safety commission pursuant to this section, the court may award the safety commission all costs of investigation and trial, including reasonable attorney fees fixed by the court.

  (b) Any costs incurred by the safety commission as a result of administering this article 1.5, including legal services, shall be paid from the safety commission fund created in section 9-1.5-104.8. Any costs and fees awarded by the court pursuant to this subsection (9) shall be deposited in the safety commission fund created in section 9-1.5-104.8.

  Source: L. 2018: Entire section added, (SB 18-167), ch. 256, p. 1568, � 3, effective August 8. L. 2022: IP(1)(a) amended, (SB 22-162), ch. 469, p. 3386, � 96, effective August 10.

  Editor's note: This section is repealed, effective September 1, 2028, pursuant to � 9-1.5-108.

  Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

  9-1.5-104.3. Alternative dispute resolution. The notification association shall create a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all owners or operators, excavators, and other interested parties regarding disputes arising from damage to underground facilities, including any cost or damage incurred by the owner or operator or the excavator as a result of any delay in the excavation project while the underground facility is restored, repaired, or replaced, exclusive of civil penalties set forth in and fines assessed pursuant to section 9-1.5-104.4 or 9-1.5-104.5, that cannot be resolved through consultation and negotiation. The alternative dispute resolution program must include mediation, arbitration, or other appropriate processes of dispute resolution. The issue of liability and amount of damages under Colorado law may be decided by an appointed arbitrator or by the parties in mediation. Nothing in this section changes the basis for civil liability for damages.

  Source: L. 2000: Entire section added, p. 687, � 3, effective May 23. L. 2018: Entire section amended, (SB 18-167), ch. 256, p. 1574, � 4, effective August 8.

  9-1.5-104.4. Penalties - guidance. (1) A person who violates this article 1.5 is subject to a fine of not more than five thousand dollars for an initial violation and not more than seventy-five thousand dollars for each subsequent violation within a twelve-month period.

  (2) In the performance of its duties regarding any complaint, the safety commission is encouraged to consider training, support services, or other remediation measures that will improve the behavior of the party and further the goals of this article 1.5 to ensure the safety of all participants and Coloradans. The safety commission shall develop guidance for the recommendation of remedial actions that are consistent with the following principles:

  (a) Guidance shall be developed to help the review committee in determining whether an alleged violation should be classified as a minor, moderate, or major violation;

  (b) Alternatives to fines may be considered, especially for a party that the safety commission has not found to be responsible for a violation in the previous twelve months; and

  (c) In considering the appropriate remedial action, the safety commission may consider the number of violations relative to the number of notifications received.

  (3) The maximum fines for the three different classifications of violations are as follows:

Number of violations within the previous twelve months

    One     Two     Three       Four

Minor $250 $500 $1,000 $5,000

Moderate $1,000 $2,500 $5,000 $25,000

Major $5,000 $25,000 $50,000 $75,000

(4)  The following are not subject to a fine otherwise authorized pursuant to

this section:

(a)  With regard to an excavation occurring on a ranch or farm, a rancher or a

farmer, as defined in section 42-20-108.5, unless the excavation is for a nonagricultural purpose; and

(b)  With regard to a failure to notify the notification association or the

affected owner or operator and to damage to an underground facility during excavation, a homeowner, rancher, or farmer, as defined in section 42-20-108.5, working on the homeowner's, rancher's, or farmer's property.

Source: L. 2018: Entire section added, (SB 18-167), ch. 256, p. 1568, � 3,

effective August 8.

Editor's note: This section is repealed, effective September 1, 2028, pursuant

to � 9-1.5-108.

9-1.5-104.5.  Civil penalties - applicability. (1) (a)  Every owner or operator of

an underground facility in this state shall join the notification association pursuant to section 9-1.5-105.

(b)  Any owner or operator of an underground facility who does not join the

notification association in accordance with paragraph (a) of this subsection (1) shall be liable for a civil penalty of two hundred dollars.

(c) (I)  If any underground facility located in the service area of an owner or

operator is damaged as a result of such owner or operator's failure to comply with paragraph (a) of this subsection (1), the court shall impose upon such owner or operator a civil penalty in the amount of five thousand dollars for the first offense and up to twenty-five thousand dollars for each subsequent offense within a twelve-month period after the first offense. Upon a first offense, the owner or operator shall be required by the court to complete an excavation safety training program with the notification association.

(II)  If any owner or operator fails to comply with paragraph (a) of this

subsection (1) on more than three separate occasions within a twelve-month period from the date of the first failure to comply with paragraph (a) of this subsection (1), then the civil penalty shall be up to seventy-five thousand dollars.

(d)  If any underground facility is damaged as a result of the owner or

operator's failure to comply with paragraph (a) of this subsection (1) or failure to use reasonable care in the marking of the damaged underground facility, such owner or operator shall be presumably liable for:

(I)  Any cost or damage incurred by the excavator as a result of any delay in

the excavation project while the underground facility is restored, repaired, or replaced, together with reasonable costs and expenses of suit, including reasonable attorney fees; and

(II)  Any injury or damage to persons or property resulting from the damage

to the underground facility. Any such owner or operator shall also indemnify and defend the affected excavator against any and all claims or actions, if any, for personal injury, death, property damage, or service interruption resulting from the damage to the underground facility.

(2) (a)  Any person who intends to excavate shall notify the notification

association pursuant to section 9-1.5-103 prior to commencing any excavation activity. For purposes of this paragraph (a), excavation shall not include an excavation by a rancher or a farmer, as defined in section 42-20-108.5, C.R.S., occurring on a ranch or farm unless such excavation is for a nonagricultural purpose.

(b)  Any person, other than a homeowner, rancher, or farmer, as defined in

section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, who fails to notify the notification association or the affected owner or operator pursuant to paragraph (a) of this subsection (2) shall be liable for a civil penalty in the amount of two hundred dollars.

(c) (I)  If any person, other than a homeowner, rancher, or farmer, as defined in

section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, fails to comply with paragraph (a) of this subsection (2) and damages an underground facility during excavation, such person shall be liable for a civil penalty in the amount of five thousand dollars for the first offense and up to twenty-five thousand dollars for each subsequent offense within a twelve-month period after the first offense. Upon a first offense, such person shall be required to complete an excavation safety training program with the notification association.

(II)  If any person fails to comply with paragraph (a) of this subsection (2) on

more than three separate occasions within a twelve-month period from the date of the first failure to comply with paragraph (a) of this subsection (2), then the civil penalty shall be up to seventy-five thousand dollars.

(d)  If any person, other than a homeowner, rancher, or farmer, as defined in

section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, fails to comply with paragraph (a) of this subsection (2) or fails to exercise reasonable care in excavating or performing routine maintenance and damages an underground facility during such excavation or routine maintenance, such person shall be presumably liable for:

(I)  Any cost or damage incurred by the owner or operator in restoring,

repairing, or replacing its damaged underground facility, together with reasonable costs and expenses of suit, including reasonable attorney fees; and

(II)  Any injury or damage to persons or property resulting from the damage

to the underground facility. Any such person shall also indemnify and defend the affected owner or operator against any and all claims or actions, if any, for personal injury, death, property damage, or service interruption resulting from the damage to the underground facility.

(e)  Paragraph (d) of this subsection (2) shall not apply to a person who

commences excavation affecting an underground facility if the owner or operator of the underground facility has failed to comply with paragraph (a) of subsection (1) of this section or has failed to use reasonable care in the marking of the affected underground facility.

(3) (a)  An action to recover a civil penalty under this section may be brought

by an owner or operator, excavator, aggrieved party, district attorney, or the attorney general. Venue for such an action shall be proper in the district court for the county in which the owner or operator, excavator, or aggrieved party resides or maintains a principal place of business in this state or in the county in which the conduct giving rise to a civil penalty occurred.

(b)  Any civil penalty imposed pursuant to this section, including reasonable

attorney fees, shall be paid to the prevailing party.

(c)  The penalties and remedies provided in this article 1.5 are in addition to

any other remedy at law or equity available to an excavator or to the owner or operator of a damaged underground facility, and sections 9-1.5-104.2 and 9-1.5-104.4, regarding the safety commission's enforcement authority, do not limit or restrict any other remedy at law or equity available to an excavator or to the owner or operator of a damaged underground facility.

(d)  No civil penalty shall be imposed under this section against an excavator

or owner or operator who violates any of the provisions of this section if the violation occurred while the excavator or owner or operator was responding to a service outage or other emergency; except that such penalty shall be imposed if such violation was willful or malicious.

(4)  Nothing in this article shall be construed to impose an indemnification

obligation on any public entity or to alter the liability of public entities as provided in article 1

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)