First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0548.01 Jed Franklin x5484
HOUSE BILL 23-1255
House Committees Senate Committees
Transportation, Housing & Local Government Local Government & Housing
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.
SENATE
Amended 2nd Reading
May 3, 2023
HOUSE
3rd Reading Unamended
April 24, 2023
HOUSE
Amended 2nd Reading
April 21, 2023
HOUSE SPONSORSHIP
Lindstedt and Dickson, deGruy Kennedy, Epps, Froelich, Garcia, Jodeh, Lindsay,
Mabrey, Michaelson Jenet, Sharbini, Sirota, Woodrow
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
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) "ANTI-GROWTH LAW" MEANS A LAND USE LAW THAT22
EXPLICITLY LIMITS EITHER THE GROWTH OF THE POPULATION IN THE23
GOVERNMENTAL ENTITY 'S JURISDICTION OR THE NUMBER OF24
DEVELOPMENT PERMITS OR BUILDING PERMIT APPLICATIONS FOR25
RESIDENTIAL DEVELOPMENT OR THE RESIDENTIAL COMPONENT OF ANY26
MIXED USE DEVELOPMENT SUBMITTED TO, REVIEWED BY, APPROVED BY,27
1255
-3- OR ISSUED BY A GOVERNMENTAL ENTITY FOR ANY CALENDAR OR FISCAL1
YEAR. AS USED IN THIS SUBSECTION (2)(a), "LAND USE LAW" MEANS ANY2
STATUTE, RESOLUTION, ORDINANCE, CODE, RULE, REGULATION, PLAN,3
POLICY, PROCEDURE, STANDARD, INITIATIVE, GUIDELINE, REQUIREMENT,4
OR LAW THAT REGULATES THE USE OR DIVISION OF PROPERTY OR ANY5
INTEREST IN PROPERTY.6
(b) "G
OVERNMENTAL ENTITY" MEANS:7
(I) A
STATUTORY OR HOME RULE COUNTY , A CITY AND COUNTY, OR8
A MUNICIPALITY; AND9
(II) A
NY SPECIAL DISTRICT OR AGENCY, AUTHORITY, POLITICAL10
SUBDIVISION, OR INSTRUMENTALITY OF A COUNTY , OR OF A CITY AND11
COUNTY, OR OF A MUNICIPALITY.12
13
(c) "PROPERTY" MEANS REAL PROPERTY LOCATED WITHIN THE14
STATE THAT IS NOT PUBLICLY OWNED .15
(3) N
OTWITHSTANDING ANY PROVISION OF SECTION 29-20-104 TO16
THE CONTRARY, A GOVERNMENTAL ENTITY SHALL NOT ENACT OR ENFORCE17 AN ANTI-GROWTH LAW AFFECTING PROPERTY . 18
(4) (a) NOTWITHSTANDING ANY PROVISION OF SECTION 29-20-10419
OR SUBSECTION (3) OF THIS SECTION TO THE CONTRARY , A20
GOVERNMENTAL ENTITY MAY ENACT AND ENFORCE A TEMPORARY ,21
NONRENEWABLE ANTI-GROWTH LAW:22
(I) FOLLOWING A DISASTER EMERGENCY DECLARED BY THE23
GOVERNOR OR LOCAL GOVERNMENT THAT OCCURRED IN THE JURISDICTION24
OF THE GOVERNMENTAL ENTITY ;25
(II) FOR THE PURPOSE OF DEVELOPING OR AMENDING LAND USE26
PLANS OR LAND USE LAWS COVERING RESIDENTIAL DEVELOPMENT OR THE27
1255
-4- RESIDENTIAL COMPONENT OF A MIXED -USE DEVELOPMENT; OR1
(III) TO PROVIDE FOR THE EXTENSION OR ACQUISITION OF PUBLIC2
INFRASTRUCTURE, PUBLIC SERVICES, OR WATER RESOURCES.3
(b) A TEMPORARY, NONRENEWABLE ANTI-GROWTH LAW4
AFFECTING PROPERTY ALLOWED BY SUBSECTION (4)(a) OF THIS SECTION5
MAY BE EFFECTIVE FOR NO MORE THAN TWENTY -FOUR MONTHS IN ANY6
FIVE-YEAR PERIOD.7
(5) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF8
THIS SECTION, NOTHING IN THIS SECTION REQUIRES A GOVERNMENTAL9
ENTITY TO APPROVE A PERMIT APPLICATION OR PRECLUDES A10
GOVERNMENTAL ENTITY FROM REGULATING THE USE OF LAND ,11
DEVELOPING LAND USE PLANS, ENACTING AFFORDABILITY REQUIREMENTS12
THAT REGULATE OR RESTRICT MARKET RATE DEVELOPMENT OR13
REDEVELOPMENT IN ORDER TO ENFORCE AFFORDABILITY REQUIREMENTS ,14
REGULATING THE RENTAL OF ANY PROPERTY OR PORTION OF A PROPERTY15
THAT IS AVAILABLE FOR LODGING FOR LESS THAN THIRTY DAYS , OR16
DENYING A PERMIT FOR ANY REASON, INCLUDING EXTENDING OR17
ACQUIRING INFRASTRUCTURE , WATER RESOURCES, OR SERVICES.18
(b) SUBSECTION (4)(a) OF THIS SECTION DOES NOT APPLY TO A19
HOTEL UNIT PORTION OF A STRUCTURE THAT IS USED BY A BUSINESS20
ESTABLISHMENT TO PROVIDE COMMERCIAL LODGING TO THE GENERAL21
PUBLIC FOR PREDOMINANTLY OVERNIGHT OR WEEKLY STAYS, THAT IS22
CLASSIFIED AS A HOTEL OR MOTEL FOR PURPOSES OF PROPERTY TAXATION ,23
THAT IS NOT A UNIT, AS DEFINED IN SECTION 38-33.3-103 (30), IN A24
CONDOMINIUM, AND THAT IS ZONED OR PERMITTED BY A GOVERNMENTAL25
ENTITY FOR USE AS A HOTEL.26
SECTION 2. In Colorado Revised Statutes, 29-20-104, amend27
1255
-5- (1) introductory portion as follows:1
29-20-104. Powers of local governments - definition.2
(1) Except as expressly provided in section 29-20-104.5 SECTION3
29-20-104.2
OR 29-20-104.5, the power and authority granted by this4
section does not limit any power or authority presently exercised or5
previously granted. E
XCEPT AS PROVIDED IN SECTION 29-20-104.2, each6
local government within its respective jurisdiction has the authority to7
plan for and regulate the use of land by:8
SECTION 3. Act subject to petition - effective date. This act9
takes effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after final adjournment of the general assembly; except11
that, if a referendum petition is filed pursuant to section 1 (3) of article V12
of the state constitution against this act or an item, section, or part of this13
act within such period, then the act, item, section, or part will not take14
effect unless approved by the people at the general election to be held in15
November 2024 and, in such case, will take effect on the date of the16
official declaration of the vote thereon by the governor.17
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