First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0548.01 Jed Franklin x5484
HOUSE BILL 23-1255
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING PREEMPTION OF LOCAL REGULATIONS LIMITING THE101
NUMBER OF BUILDING PERMITS ISSUED FOR DEVELOPMENT .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Currently, several local governments have laws restricting the
growth of residential housing. The bill declares that the state has an
interest in encouraging housing growth statewide, preempts any existing
local housing growth restriction, and forbids the enactment or
enforcement of any future local housing growth restriction, unless the
local government has experienced a disaster emergency.
HOUSE SPONSORSHIP
Lindstedt and Dickson,
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 29-20-104.2 as2
follows:3
29-20-104.2. Anti-growth law - preemption - legislative4
declaration - definitions. (1) T
HE GENERAL ASSEMBLY FINDS AND5
DECLARES THAT:6
(a) A
RELIABLE PUBLIC POLICY ENVIRONMENT THAT SUPPORTS AN7
ADEQUATE AND AFFORDABLE HOUSING SUPPLY IS A MATTER OF8
STATEWIDE CONCERN, AND A HEALTHY SUPPLY OF HOUSING UNITS TO9
MATCH BOTH CURRENT DEMAND AND FUTURE DEMAND DRIVEN BY10
POPULATION GROWTH IS CRITICAL FOR JOB CREATION, HOUSING STABILITY,11
AFFORDABILITY, AND THE OVERALL ECONOMIC WELL -BEING OF ALL12
C
OLORADANS;13
(b) T
HE LACK OF AFFORDABLE HOUSING IN COLORADO IS DIRECTLY14
ATTRIBUTABLE TO THE SCARCITY OF HOUSING UNITS ;15
(c) A
CCORDING TO A STUDY OF HOUSING DEVELOPMENT IN16
C
OLORADO, THE STATE HAS OVER ONE HUNDRED SEVENTY -FIVE17
THOUSAND FEWER HOUSING UNITS THAN NEEDED TO RESTORE ITS18
HISTORICAL POPULATION-TO-HOUSING RATIO FROM 1986 THROUGH 2008;19
(d) T
O CLOSE THE DEFICIT AND ACCOUNT FOR PROJECTED20
POPULATION GROWTH, THE STATE WILL NEED TO ADD OVER ONE HUNDRED21
SIXTY-TWO THOUSAND HOUSING UNITS BY 2027;22
(e) A
NTI-GROWTH LAWS ENACTED BY LOCAL GOVERNMENTS23
SEVERELY UNDERMINE THE ABILITY TO CONSTRUCT THE ADDITIONAL24
HOUSING UNITS COLORADANS NEED;25
(f) A
NTI-GROWTH LAWS DO IRREPARABLE ECONOMIC HARM TO26
HB23-1255-2- WORKING CLASS COLORADANS BY LIMITING THE HOUSING SUPPLY AND1
DRIVING UP HOUSING PRICES AND RENTS . FURTHERMORE, ANTI-GROWTH2
LAWS THREATEN THE LIVELIHOOD OF COLORADANS EMPLOYED IN3
CONSTRUCTION AND OTHER BUILDING TRADES AS WELL AS BUSINESSES4
ACROSS THE STATE THAT RELY ON THE COMMERCE ASSOCIATED WITH5
HOME BUILDING.6
(g) U
NIFORMITY IN LAND USE LAWS CONCERNING RESIDENTIAL7
GROWTH IS NECESSARY FOR EFFICIENT RESIDENTIAL DEVELOPMENT8
STATEWIDE AND FOR THE ENCOURAGEMENT OF CONSTRUCTION OF NEW9
HOUSING UNITS;10
(h) T
HE ENACTMENT OR ENFORCEMENT OF ANTI -GROWTH LAWS BY11
SOME LOCAL GOVERNMENTS DECREASES HOUSING DEVELOPMENT IN THESE12
LOCATIONS AND PUTS PRESSURE ON OTHER LOCAL GOVERNMENTS '13
RESIDENTIAL HOUSING STOCK, ROADS, UTILITIES, AND OTHER SERVICES;14
AND15
(i) I
T IS THEREFORE NECESSARY FOR THE GENERAL ASSEMBLY TO16
PREEMPT AND PROHIBIT THE ENFORCEMENT OF EXISTING ANTI -GROWTH17
LAWS AND PROHIBIT THE ENACTMENT AND ENFORCEMENT OF NEW18
ANTI-GROWTH LAWS.19
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE20
REQUIRES:21
(a) "A
NTI-GROWTH LAW" MEANS A LAND USE LAW THAT PLACES22
ANY LIMITATION ON THE NUMBER OF LAND USE APPLICATIONS ACCEPTED23
OR BUILDING PERMITS ISSUED BY A GOVERNMENTAL ENTITY FOR24
RESIDENTIAL DEVELOPMENT OR CONSTRUCTION PROJECTS FOR ANY25
PERIOD.26
(b) "G
OVERNMENTAL ENTITY" MEANS:27
HB23-1255
-3- (I) A STATUTORY OR HOME RULE COUNTY , A CITY AND COUNTY, OR1
A MUNICIPALITY; AND2
(II) A
NY SPECIAL DISTRICT OR AGENCY, AUTHORITY, POLITICAL3
SUBDIVISION, OR INSTRUMENTALITY OF A COUNTY , OR OF A CITY AND4
COUNTY, OR OF A MUNICIPALITY.5
(c) "L
AND USE LAW" MEANS ANY STATUTE , RESOLUTION,6
ORDINANCE, CODE, RULE, REGULATION, PLAN, POLICY, PROCEDURE,7
STANDARD, INITIATIVE, GUIDELINE, REQUIREMENT, OR LAW THAT8
REGULATES THE USE OR DIVISION OF PROPERTY OR ANY INTEREST IN9
PROPERTY.10
(d) "P
ROPERTY" MEANS REAL PROPERTY LOCATED WITHIN THE11
STATE THAT IS NOT PUBLICLY OWNED .12
(3) N
OTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 TO13
THE CONTRARY, A GOVERNMENTAL ENTITY SHALL NOT ENACT OR ENFORCE14
AN ANTI-GROWTH LAW AFFECTING PROPERTY ; EXCEPT THAT A15
GOVERNMENTAL ENTITY MAY ENACT AND ENFORCE A TEMPORARY16
ANTI-GROWTH LAW AFFECTING PROPERTY FOLLOWING A DECLARED17
DISASTER EMERGENCY THAT OCCURRED IN THE JURISDICTION OF THE18
GOVERNMENTAL ENTITY . A TEMPORARY ANTI-GROWTH LAW ALLOWED BY19
THIS SUBSECTION (3) MAY BE EFFECTIVE FOR NO MORE THAN ONE YEAR20
AFTER THE DECLARATION OF A DISASTER EMERGENCY .21
SECTION 2. In Colorado Revised Statutes, 29-20-104, amend22
(1) introductory portion as follows:23
29-20-104. Powers of local governments - definition.24
(1) Except as expressly provided in section 29-20-104.5
SECTION25
29-20-104.2
OR 29-20-104.5, the power and authority granted by this26
section does not limit any power or authority presently exercised or27
HB23-1255
-4- previously granted. EXCEPT AS PROVIDED IN SECTION 29-20-104.2, each1
local government within its respective jurisdiction has the authority to2
plan for and regulate the use of land by:3
SECTION 3. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2024 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
HB23-1255
-5-