First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0890.01 Pierce Lively x2059
SENATE BILL 23-213
Senate Committees House Committees
Local Government & Housing
A BILL FOR AN ACT
C
ONCERNING STATE LAND USE REQUIREMENTS , AND, IN CONNECTION101
THEREWITH, ESTABLISHING A PROCESS TO DIAGNOSE AND102
ADDRESS HOUSING NEEDS ACROSS THE STATE , ADDRESSING103
REQUIREMENTS FOR THE REGULATION OF ACCESSORY104
DWELLING UNITS, MIDDLE HOUSING, TRANSIT-ORIENTED AREAS,105
KEY CORRIDORS, AND MANUFACTURED AND MODULAR HOMES ,106
PROHIBITING CERTAIN PLANNED UNIT DEVELOPMENT107
RESOLUTIONS, PROHIBITING A LOCAL GOVERNMENT FROM108
ENFORCING CERTAIN OCCUPA NCY LIMITS , MODIFYING THE109
CONTENT REQUIREMENTS FOR COUNTY AND MUNICIPAL MASTER110
PLANS, PROHIBITING CERTAIN MUNI CIPALITIES FROM IMPOSING111
MINIMUM SQUARE FOOTAGE REQU IREMENTS FOR RESIDENTIAL112
UNITS, REQUIRING ENTITIES TO SUBMIT A COMPLETED AND113
SENATE SPONSORSHIP
Moreno,
HOUSE SPONSORSHIP
Jodeh and Woodrow,
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. VALIDATED WATER LOSS AUDIT REPORT TO THE COLORADO101
WATER CONSERVATION BOARD , PROHIBITING A UNIT OWNERS '102
ASSOCIATION FROM PROHIBITING CERTAIN KINDS OF HOUSING ,103
REQUIRING THE TRANSPORTATION COMMISSION AND THE104
DEPARTMENT OF TRANSPORTATION TO MODIFY THE STATE105
HIGHWAY ACCESS CODE , CRITERIA FOR CERTAIN GRANT106
PROGRAMS, AND EXPENDITURES FROM THE MULTIMODAL107
TRANSPORTATION OPTIONS F UND TO ALIGN WITH STATE108
STRATEGIC GROWTH OBJECTIVES , AND MAKING AN109
APPROPRIATION.110
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
.)
Housing needs planning. The executive director of the
department of local affairs (director) shall, no later than December 31,
2024, and every 5 years thereafter, issue methodology for developing
statewide, regional, and local housing needs assessments. The statewide
housing needs assessment must determine existing statewide housing
stock and current and future housing needs. The regional housing needs
assessments must allocate the addressing of housing needs identified in
the statewide housing needs assessment to regions of the state. Similarly,
the local housing needs assessments must allocate the addressing of the
housing needs allocated in the regional housing needs assessment to
localities in the relevant region.
The director shall, no later than December 31, 2024, issue
guidance on creating a housing needs plan for both a rural resort job
center municipality and an urban municipality. Following this guidance,
no later than December 31, 2026, and every 5 years thereafter, a rural
resort job center municipality and an urban municipality shall develop a
housing needs plan and submit that plan to the department of local affairs
(department). A housing needs plan must include, among other things,
descriptions of how the plan was created, how the municipality will
address the housing needs it was assigned in the local housing needs
assessment, affordability strategies the municipality has selected to
address its local housing needs assessment, an assessment of
SB23-213-2- displacement risk and any strategies selected to address identified risks,
and how the locality will comply with other housing requirements in this
bill.
The director shall, no later than December 31, 2024, develop and
publish a menu of affordability strategies to address housing production,
preservation, and affordability. Rural resort job center municipalities and
urban municipalities shall identify at least 2 of these strategies that they
intend to implement in their housing plan, and urban municipalities with
a transit-oriented area must identify at least 3.
The director shall, no later than December 31, 2024, develop and
publish a menu of displacement mitigation measures. This menu must,
among other things, provide guidance for how to identify areas at the
highest risk for displacement and identify displacement mitigation
measures that a locality may adopt. An urban municipality must identify
which of these measures it intends to implement in its housing plan to
address any areas it identifies as at an elevated risk for displacement.
The director shall, no later than March 31, 2024, publish a report
that identifies strategic growth objectives that will incentivize growth in
transit-oriented areas and infill areas and guide growth at the edges of
urban areas. The multi-agency advisory committee shall, no later than
March 31, 2024, submit a report to the general assembly concerning the
strategic growth objectives.
The bill establishes a multi-agency advisory committee and
requires that committee to conduct a public comment and hearing process
on and provide recommendations to the director on:
! Methodologies for developing statewide, regional, and
local housing needs assessments;
! Guidance for creating housing needs plans;
! Developing a menu of affordability strategies;
! Developing a menu of displacement mitigation measures;
! Identifying strategic growth objectives; and
! Developing reporting guidance and templates.
A county or municipality within a rural resort region shall
participate in a regional housing needs planning process. This process
must encourage participating counties and municipalities to identify
strategies that, either individually or through intergovernmental
agreements, address the housing needs assigned to them. A report on this
process must be submitted to the department. Further, within 6 months of
completing this process, a rural resort job center municipality shall submit
a local housing needs plan to the department. Once a year, both rural
resort job centers and urban municipalities shall report to the department
on certain housing data.
A multi-agency group created in the bill and the division of local
government within the department shall provide assistance to localities
in complying with the requirements of this bill. This assistance must
SB23-213
-3- include technical assistance and a grant program.
Accessory dwelling units. The director shall promulgate an
accessory dwelling unit model code that, among other things, requires
accessory dwelling units to be allowed as a use by right in any part of a
municipality where the municipality allows single-unit detached
dwellings as a use by right. The committee shall provide
recommendations to the director for promulgating this model code. In
developing these recommendations, the committee shall conduct a public
comment and hearing process.
Even if a municipality does not adopt the accessory dwelling unit
model code, the municipality shall adhere to accessory dwelling unit
minimum standards established in the bill and by the department. These
minimum standards, among other things, must require a municipality to:
! Allow accessory dwelling units as a use by right in any part
of the municipality where the municipality allows
single-unit detached dwellings as a use by right;
! Only adopt or enforce local laws concerning accessory
dwelling units that use objective standards and procedures;
! Not adopt, enact, or enforce local laws concerning
accessory dwelling units that are more restrictive than local
laws concerning single-unit detached dwellings; and
! Not apply standards that make the permitting, siting, or
construction of accessory dwelling units infeasible.
Middle housing. The director shall promulgate a middle housing
model code that, among other things, requires middle housing to be
allowed as a use by right in any part of a rural resort job center
municipality or a tier one urban municipality where the municipality
allows single-unit detached dwellings as a use by right. The committee
shall provide recommendations to the director for promulgating this
model code. In developing these recommendations, the committee shall
conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the middle housing model code, the
municipality shall adhere to middle housing minimum standards
established in the bill and by the department. These minimum standards,
among other things, must require a municipality to:
! Allow middle housing as a use by right in certain areas;
! Only adopt or enforce local laws concerning middle
housing that use objective standards and procedures;
! Allow properties on which middle housing is allowed to be
split by right using objective standards and procedures;
! Not adopt, enact, or enforce local laws concerning middle
housing that are more restrictive than local laws concerning
single-unit detached dwellings; and
! Not apply standards that make the permitting, siting, or
SB23-213
-4- construction of middle housing infeasible.
Transit-oriented areas. The director shall promulgate a
transit-oriented area model code that, among other things, imposes
minimum residential density limits for multifamily residential housing
and mixed-income multifamily residential housing and allows these
developments as a use by right in the transit-oriented areas of tier one
urban municipalities. The committee shall provide recommendations to
the director for promulgating this model code. In developing these
recommendations, the committee shall conduct a public comment and
hearing process.
Even if a tier one urban municipality does not adopt the
transit-oriented model code, the municipality shall adhere to middle
housing minimum standards established in the bill and by the department.
These minimum standards, among other things, must require a
municipality to:
! Create a zoning district within a transit-oriented area in
which multifamily housing meets a minimum residential
density limit and is allowed as a use by right; and
! Not apply standards that make the permitting, siting, or
construction of multifamily housing in transit-oriented
areas infeasible.
Key corridors. The director shall promulgate a key corridor model
code that applies to key corridors in rural resort job center municipalities
and tier one urban municipalities. The model code must, among other
things, include requirements for:
! The percentage of units in mixed-income multifamily
residential housing that must be reserved for low- and
moderate-income households;
! Minimum residential density limits for multifamily
residential housing; and
! Mixed-income multifamily residential housing that must be
allowed as a use by right in key corridors.
The committee shall provide recommendations to the director for
promulgating this model code. In developing these recommendations, the
committee shall conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the key corridor model code, the municipality
shall adhere to key corridor minimum standards promulgated by the
director and developed by the department. These minimum standards,
among other things, must identify a net residential zoning capacity for a
municipality and must require a municipality to:
! Allow multifamily residential housing within key corridors
that meets the net residential zoning capacity as a use by
right;
! Not apply standards that make the permitting, siting, or
SB23-213
-5- construction of multifamily housing in certain areas
infeasible; and
! Not adopt, enact, or enforce local laws that make satisfying
the required minimum residential density limits infeasible.
The committee shall provide recommendations to the director on
promulgating these minimum standards. In developing these
recommendations, the committee shall conduct a public comment and
hearing process.
Adoption of model codes and minimum standards. A relevant
municipality shall adopt either the model code or local laws that satisfy
the minimum standards concerning accessory dwelling units, middle
housing, transit-oriented areas, and key corridors. Furthermore, a
municipality shall submit a report to the department demonstrating that
it has done so. If a municipality fails to adopt either the model code or
local laws that satisfy the minimum standards by a specified deadline, the
relevant model code immediately goes into effect, and municipalities
shall then approve any proposed projects that meet the standards in the
model code using objective procedures. However, a municipality may
apply to the department for a deadline extension for a deficiency in water
or wastewater infrastructure or supply.
Additional provisions. The bill also:
! Requires the advisory committee on factory-built structures
and tiny homes to produce a report on the opportunities and
barriers in state law concerning the building of
manufactured homes, mobile homes, and tiny homes;
! Removes the requirements that manufacturers of
factory-built structures comply with escrow requirements
of down payments and provide a letter of credit, certificate
of deposit issued by a licensed financial institution, or
surety bond issued by an authorized insurer;
! Prohibits a planned unit development resolution or
ordinance for a planned unit with a residential use from
restricting accessory dwelling units, middle housing,
housing in transit-oriented areas, or housing in key
corridors in a way not allowed by this bill;
! Prohibits a local government from enacting or enforcing
residential occupancy limits that differ based on the
relationships of the occupants of a dwelling;
! Modifies the content requirements for a county and
municipal master plan, requires counties and municipalities
to adopt or amend master plans as part of an inclusive
process, and requires counties and municipalities to submit
master plans to the department;
! Allows a municipality to sell and dispose of real property
and public buildings for the purpose of providing property
SB23-213
-6- to be used as affordable housing, without requiring the sale
to be submitted to the voters of the municipality;
! Requires the approval process for manufactured and
modular homes to be based on objective standards and
administrative review equivalent to the approval process
for site-built homes;
! Prohibits a municipality from imposing more restrictive
standards on manufactured and modular homes than the
municipality imposes on site-built homes;
! Prohibits certain municipalities from imposing minimum
square footage requirements for residential units in the
approval of residential dwelling unit construction permits;
! Requires certain entities to submit to the Colorado water
conservation board (board) a completed and validated
water loss audit report pursuant to guidelines that the board
shall adopt;
! Allows the board to make grants from the water efficiency
grant program cash fund to provide water loss audit report
validation assistance to covered entities;
! Allows the board and the Colorado water resources and
power development authority to consider whether an entity
has submitted a required audit report in deciding whether
to release financial assistance to the entity for the
construction of a water diversion, storage, conveyance,
water treatment, or wastewater treatment facility;
! Prohibits a unit owners' association from restricting
accessory dwelling units, middle housing, housing in
transit-oriented areas, or housing in key corridors;
! Requires the department of transportation to ensure that the
prioritization criteria for any grant program administered
by the department are consistent with state strategic growth
objectives, so long as doing so does not violate federal law;
! Requires any regional transportation plan that is created or
updated to address and ensure consistency with state
strategic growth objectives;
! Requires that expenditures for local and state multimodal
projects from the multimodal transportation options fund
are only to be made for multimodal projects that the
department determines are consistent with state strategic
growth objectives; and
! For state fiscal year 2023-24, appropriates $15,000,000
from the general fund to the housing plans assistance fund
and makes the department responsible for the accounting
related to the appropriation.
SB23-213
-7- Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) (a) (I) The general2
assembly finds and declares that:3
(A) Colorado housing is currently among the most expensive in4
the nation. In 2021, Colorado had the sixth highest median home values5
and the fourth highest median gross rent but only the tenth highest median6
income, according to the state demographer;7
(B) Between 2010 and 2021, the percentage of Coloradans8
making less than seventy-five thousand dollars a year who were housing9
cost-burdened, meaning they spend more than thirty percent of their10
income on housing needs, increased from fifty-four percent to sixty-one11
percent, and, for renters making less than seventy-five thousand dollars12
a year, that percentage increased from fifty-nine percent to seventy-three13
percent, according to the American Community Survey;14
(C) Colorado's housing supply has not kept pace with population15
growth. Between 2010 and 2020, the state added one hundred twenty-six16
thousand fewer housing units than in the prior decade, despite the17
population increasing by a similar amount in each decade. The state has18
a current unmet housing need of between sixty-five thousand and ninety19
thousand units, according to the state demographer;20
(D) Many cities restrict the development of more compact21
affordable home types, such as accessory dwelling units, townhomes,22
duplexes, and multifamily homes, on most of their residential land;23
(E) The ten largest municipalities in the Denver metropolitan area24
allow single-unit detached dwellings as a use by right on over eighty-five25
percent of their residential land, compared to allowing as a use by right26
SB23-213-8- an estimated twenty-four percent of their residential land for accessory1
dwelling units, thirty-three percent of their residential land for2
townhomes, thirty-one percent of their residential land for duplexes up to3
quadplexes, and thirty-five percent of their residential land for4
multifamily homes, according to publicly available zoning data;5
(F) The ten largest municipalities in the Denver metropolitan area6
require a minimum lot size of over five thousand square feet on more than7
half of their residential land, according to publicly available zoning data;8
(G) These types of common zoning practices make it difficult to9
build more affordable home types and have historically been used to10
exclude low-income residents and renters; and11
(H) To stabilize housing prices and ensure development of12
housing to meet the state's growing need, the state must increase its13
housing supply to address the unmet housing need from the past decade,14
and plan for future household growth.15
(II) Therefore, the general assembly finds, determines and16
declares that the lack of housing is a critical problem that threatens the17
economic, environmental, and social quality of life in Colorado.18
(b) (I) The general assembly finds and declares that:19
(A) The consequences of land use policies that limit housing20
supply and diversity include a lack of housing that is affordable to21
Coloradans of low and moderate incomes, a lack of housing to support22
employment growth, an imbalance in jobs and housing, segregated and23
unequal communities, reduced mobility and long commutes, loss of open24
space and agricultural land, high water usage, and increased greenhouse25
gas and air pollution;26
(B) When a local government's policies reduce and limit the27
SB23-213
-9- supply of housing, neighboring local governments are also affected by1
more people seeking affordable housing; and2
(C) People are not able to live near where they work, leading to3
longer commutes, putting additional strain on Colorado's roads, and4
increasing pollution.5
(II) Therefore, the general assembly finds, determines, and6
declares that the lack of housing supply and unsustainable development7
patterns are partially caused by local government policies that effectively8
limit the construction of a diverse range of housing types in areas already9
served by infrastructure or in close proximity to jobs and public transit.10
(c) (I) The general assembly further finds and declares that the11
general assembly and the people of Colorado have made historic12
investments in affordable housing, including the following:13
(A) In 2021 and 2022, the general assembly approved close to one14
billion dollars for affordable housing investments funded primarily by the15
federal "American Rescue Plan Act of 2021", Pub.L. 117-2, and the16
general fund; and17
(B) In the November 2022 election, Colorado voters approved18
Proposition 123, which will dedicate an estimated three hundred million19
dollars per year to affordable housing.20
(II) Therefore, the general assembly finds, determines, and21
declares that, coupled with historic investments in affordable housing,22
reforms to local land use regulations can accelerate an increase in housing23
supply that is affordable at all income levels.24
(A) National studies, such as the article "Relationships between25
Density and per Capita Municipal Spending in the United States",26
published in Urban Science, have found that lower density communities27
SB23-213
-10- have higher government capital and maintenance costs for water, sewer,1
and transportation infrastructure, and lower property and sales tax2
revenues. These increased costs are often borne by both state and local3
governments.4
(B) A study for a rural resort municipality in Colorado found that5
doubling the average residential density for future growth would save6
thirty-one percent in capital and maintenance costs over twenty years.7
(2) The general assembly finds and declares that the availability8
of affordable housing is a matter of mixed state and local concern.9
Therefore, it is the intent of the general assembly in enacting this act to:10
(a) Create a more consistent ability statewide to develop a variety11
of housing types, limit the ability of local governments to reduce density12
or render infeasible housing development projects that can address the13
state's housing shortage for all parts of the income spectrum, and support14
more fiscally and environmentally sustainable development patterns;15
(b) Improve regional collaboration and outcomes by reducing the16
ability of individual local governments' land use restrictions to negatively17
influence regional concerns such as housing affordability, open space,18
traffic, and air pollution; and19
(c) Increase housing supply, allow more compact development,20
encourage more affordable housing, encourage more environmentally and21
fiscally sustainable development patterns, encourage housing patterns that22
conserve water resources, and encourage housing units that are located in23
close proximity to public transit, places of employment, and everyday24
needs.25
(3) In finding and declaring that land use policies that affect26
housing supply are matters of mixed statewide and local concern, the27
SB23-213
-11- general assembly finds and declares that there is a need for uniformity in1
policies that affect housing supply because:2
(a) The state has an interest in planning for future growth. The3
state demographer estimates that between 2023 and 2040 the state will4
add an average of thirty-five thousand households per year, and that5
between 2030 and 2040 the state will add an additional twenty-nine6
thousand six hundred households per year.7
(b) Housing supply impacts housing affordability. Housing prices8
are typically higher when housing supply is restricted by local land use9
regulations in the metropolitan region, according to studies such as the10
National Bureau of Economic Research's working papers "Regulation and11
Housing Supply", "The Impact of Zoning on Housing Affordability", and12
"The Impact of Local Residential Land Use Restrictions on Land Values13
Across and Within Single Family Housing Markets".14
(c) Increasing housing supply moderates price increases and15
improves housing affordability across all incomes, according to studies16
such as "The Economic Implications of Housing Supply" in the Journal17
of Economic Perspectives and "Supply Skepticism: Housing Supply and18
Affordability" in Housing Policy Debate;19
(d) Academic research such as "The Impact of Building20
Restrictions on Housing Affordability" in the Federal Reserve Bank of21
New York Economic Policy Review has identified zoning and other land22
use controls as a primary driver of rising housing costs in the most23
expensive housing markets;24
(e) Local land use regulations influence what types of housing are25
built throughout the state and can restrict more affordable housing26
options;27
SB23-213
-12- (f) Between 2000 and 2019, over seventy percent of homes built1
in Colorado were single-unit detached dwellings, while less than three2
percent of homes were duplexes to quadplexes, and less than twenty-five3
percent of homes were homes in multifamily buildings with five or more4
units, according to the American Community Survey;5
(g) Middle housing and multifamily housing types are more6
affordable than detached dwellings, in part because land costs are shared7
between more households;8
(h) In 2019, Colorado duplexes and larger multifamily housing9
units cost between fourteen to forty-three percent less to own, and10
between nine to twenty-six percent less to rent, than single-unit detached11
dwellings depending on the type of housing, according to the American12
Community Survey;13
(i) Proposed market-rate and affordable housing projects are14
routinely delayed or denied due to discretionary and subjective political15
processes and land use regulations that limit denser development either16
directly or indirectly;17
(j) According to a 2022 article titled "Does Discretion Delay18
Development?", in the American Planning Association Journal,19
residential projects using by-right approval processes are approved20
twenty-eight percent faster than those using discretionary approval21
processes, and faster approval times reduce developer costs and therefore22
housing costs;23
(k) Compact housing types such as duplexes, townhomes, and24
multifamily homes also use significantly less energy for heating, cooling,25
and electricity than detached dwellings, which saves residents money and26
results in lower emissions;27
SB23-213
-13- (l) In Colorado, household energy savings range from forty1
percent less for townhomes to seventy percent less for larger multifamily2
homes compared to single-unit detached dwellings, according to3
residential housing stock data from the National Renewable Energy4
Laboratory; and5
(m) The state has an interest in ensuring economic mobility by6
increasing affordable housing opportunities throughout the state:7
(I) Researchers have demonstrated that restrictive local land use8
regulations help explain segregation income within metropolitan areas,9
which leads to disparate incomes and access to opportunities;10
(II) In Colorado, households with the lowest incomes experienced11
the highest rates of housing cost burden, according to the American12
Community Survey;13
(III) Housing costs can dictate the quality of a child's education,14
and the highest performing schools are located in areas with the highest15
housing costs;16
(IV) According to a Brookings Institution report entitled "Housing17
Costs, Zoning, and Access to High Scoring Schools" that analyzed the18
one hundred largest metropolitan areas in the United States, housing costs19
an average of two and four-tenths times as much near a high-scoring20
public school than near a low-scoring one. The same study found that21
metro areas with the least restrictive zoning have housing cost gaps22
between high-scoring and low-scoring schools that are sixty-three percent23
lower than metro areas with the most restrictive zoning.24
(V) Researchers have also found that upward mobility is25
significantly greater in more compact development areas than in low26
density areas, primarily due to better job accessibility by multiple27
SB23-213
-14- transportation modes, according to the study "Does urban sprawl hold1
down upward mobility?", published in the journal of Landscape and2
Urban Planning.3
(VI) Nationwide, cities with the highest housing costs and lowest4
vacancy rates experience the highest rates of homelessness, according to5
a report by the Urban Institute, "Unsheltered Homelessness Trends,6
Characteristics, and Homeless Histories". These indicators explain a7
greater portion of the variation in regional rates of homelessness than8
other commonly assumed factors, such as poverty rate, substance use, or9
mental illness, according to a study in the European Journal of Housing10
Policy, "The Economics of Homelessness: The Evidence from North11
America".12
(VII) Through legislation such as House Bill 21-1266 and Senate13
Bill 21-272, the state has made significant efforts to identify14
disproportionately impacted communities and to prioritize benefits to15
these communities;16
(VIII) Researchers in the article "Housing Constraints and Spatial17
Misallocation", in the American Economic Journal, found that restrictions18
on new housing supply in high productivity places limit the number of19
workers who have access to jobs in those places, which over the past20
several decades they estimate has lowered aggregate economic growth in21
the United States by thirty-six percent;22
(IX) Researchers in the study "Unaffordable Housing and Local23
Employment Growth", published by the Federal Reserve Bank of Boston,24
found that metropolitan areas in the United States and counties with lower25
housing affordability experience significantly less employment growth;26
and27
SB23-213
-15- (X) Within regions, national surveys have found that a lack of1
affordable housing within a reasonable commuting distance impacts2
businesses' ability to attract and retain workers, according to a literature3
review conducted by the Center for Housing Policy.4
(n) The state has an interest in creating a holistic statewide water5
management system, and local government decisions that encourage6
dispersed, low density development negatively affects the state's water7
supply:8
(I) A holistic statewide water management system is essential for9
creating vibrant communities that balance water supply and demand10
needs to create a sustainable urban landscape, according to the vision laid11
out in the Colorado water plan;12
(II) Compact infill development reduces water demand and13
infrastructure costs through shorter pipes that reduce losses, less14
landscaped space per unit, and better use of existing infrastructure; and15
(III) Compared to a single-unit detached dwelling, accessory16
dwelling units use twenty-two percent less water, small multifamily17
homes sixty-three percent less, and larger multifamily homes eighty-six18
percent less, based on data from Denver and Aurora water users analyzed19
for the Colorado water and growth dialogue Final Report in 2018.20
(4) (a) The general assembly finds and declares that there is an21
extraterritorial impact when local governments enact local ordinances that22
have impacts that cross jurisdictional lines because:23
(I) Local restrictions on housing push people further from their24
work and increase driving commute times;25
(II) Communities with the most restrictive local land use26
regulations often enable job growth while limiting the ability of housing27
SB23-213
-16- growth to keep pace, which affects the pace of housing development in1
neighboring jurisdictions. This results in regional imbalances between2
jobs and housing that researchers have found have a significant impact on3
vehicle miles traveled and commute times, according to studies such as4
"Which Reduces Vehicle Travel More: Jobs-Housing Balance or5
Retail-Housing Mixing?", published in the Journal of the American6
Planning Association.7
(III) In the ten rural resort municipalities with the highest jobs to8
housing ratios in the state, over ninety percent of workers commute from9
other jurisdictions, according to housing data from the 2020 federal10
decennial Census and jobs and commuting data from the Longitudinal11
Employer-Household Dynamics Origin-Destination Employment Dataset12
from the Census;13
(IV) The ten rural resort municipalities with the highest jobs to14
housing ratios in the state added eighteen percent fewer housing units per15
capita and their commute times for workers were seventeen percent16
longer on average than jurisdictions in rural resort counties as a whole,17
according to data from the 2020 federal decennial Census, American18
Community Survey, and the Longitudinal Employer-Household Dynamics19
Origin-Destination Employment Dataset from the Census;20
(V) Nationwide, the number of jobs within the typical commute21
distance for residents in major metropolitan areas has declined over time22
according to a report by the Brookings Institution titled "The Growing23
Distance Between People and Jobs in Metropolitan America";24
(VI) Coloradans drive more miles per person than they used to, in25
part due to dispersed, low-density development patterns, putting stress on26
transportation infrastructure and increasing household costs;27
SB23-213
-17- (VII) Since 1981, per capita vehicle miles traveled in Colorado1
have risen by over twenty percent according to data from the Federal2
Highway Administration;3
(VIII) High transportation costs impact low-income households4
in particular, with households making less than forty-thousand dollars per5
year in the western United States spending over twenty-four percent of6
their income on transportation, when spending more than fifteen percent7
of income on transportation is considered cost burdened, according to8
data from the Bureau of Labor Statistics Consumer Expenditure Surveys;9
and10
(IX) In Colorado, households in more dense areas, census tracts11
with more than four thousand units per square mile or about fifteen units12
per acre, drive twenty percent less than the state average, and higher13
density areas, census tracts with more than ten thousand units per square14
mile or about forty units per acre, drive forty percent less than the state15
average, according to data from the 2017 National Household Travel16
Survey; and17
(b) The increase in vehicle traffic due to local land use restrictions18
also has an environmental extraterritorial impact:19
(I) Vehicle traffic, which increases when land use patterns are20
more dispersed, contributes twenty percent of nitrogen oxides emissions,21
a key ozone precursor, according to the Executive Summary of the22
Moderate Area Ozone SIP for the 2015 Ozone NAAQS by the Regional23
Air Quality Council;24
(II) The United States environmental protection agency has25
classified the Denver Metro/North Front Range area as being in severe26
non-attainment for ozone and ground level ozone, which has serious27
SB23-213
-18- impacts on human health, particularly for vulnerable populations;1
(III) According to the greenhouse gas pollution reduction2
roadmap, published by the Colorado energy office and dated January 14,3
2021, the transportation sector is the single largest source of greenhouse4
gas pollution in Colorado;5
(IV) Nearly sixty percent of the greenhouse gas emissions from6
the transportation sector come from light-duty vehicles, the majority of7
cars and trucks that Coloradans drive every day;8
(V) As part of the greenhouse gas pollution reduction roadmap,9
a strategic action plan to achieve legislatively adopted targets of reducing10
greenhouse gas pollution economy-wide by fifty percent below 200511
levels by 2030 and ninety percent by 2050, the state committed to12
reducing emissions from the transportation sector by forty-one percent by13
2030 from a 2005 baseline;14
(VI) The Greenhouse Gas Transportation Planning Standard15
adopted by the Transportation Commission in 2021 set a target to reduce16
transportation greenhouse gas emissions through the transportation17
planning process by one million five hundred thousand tons by 2030;18
(VII) Local government land use decisions that require a19
minimum amount of parking spaces beyond what is necessary to meet20
market demand increase vehicle miles traveled and associated greenhouse21
gas emissions. According to the UCLA Institute of Transportation Studies22
article titled "What Do Residential Lotteries Show Us About23
Transportation Choices", higher amounts of free parking provided in24
residential developments cause higher rates of vehicle ownership, higher25
rates of vehicle miles traveled, and less frequent transit use.26
(VIII) Local government land use decisions that require a27
SB23-213
-19- minimum amount of parking spaces increase the cost of new residential1
projects, which increases housing costs. According to the Regional2
Transportation District study "Residential Parking in Station Areas: A3
Study of Metro Denver", structured parking spaces in the Denver4
metropolitan areas cost twenty-five thousand dollars each to build in5
2020, and use space which would otherwise be used for revenue6
generating residential units, decreasing the profitability of residential7
development. As a result, parking requirements may discourage8
developers from building new residential projects, or, if they do move9
forward with projects, force them to recoup the costs of building10
excessive parking by increasing housing prices.11
(5) (a) Local land use policies that encourage dispersed, low12
density development have an impact on open space and agricultural land,13
and exposure to climate hazards outside of their jurisdictional limits:14
(I) A study of urbanized areas in the United States, "The Effect of15
Land-Use Controls on the Spatial Size of U.S. Urbanized Areas", in the16
Journal of Regional Science, found that the presence of density17
restrictions such as minimum lot sizes and floor area ratio limits result in18
larger urbanized areas;19
(II) Enabling denser housing near transit and in already developed20
areas can limit continued loss of agricultural and natural lands;21
(III) Between 1982 and 2017, Colorado lost over twenty-five22
percent of its agricultural cropland, according to data from the National23
Resources Inventory published by the United States department of24
agriculture, and, over the same time period, the size of urban and built-up25
areas grew faster than the population by over one hundred percent26
compared to eighty-three percent;27
SB23-213
-20- (IV) Encouraging growth in infill locations is an important1
strategy for minimizing wildfire risk by limiting the growth of households2
in fire-prone areas; and3
(V) Between 2012 and 2017, the number of people living in the4
wildland-urban interface grew from two million to two million nine5
hundred thousand, according to the Colorado state forest service.6
(VI) Therefore, the general assembly finds, determines and7
declares that local government land use decisions that limit housing and8
encourage dispersed low-density development impact local and state9
government fiscal health and the business community.10
SECTION 2. In Colorado Revised Statutes, add article 33 to title11
29 as follows:12
ARTICLE 33 13
State Land Use Requirements For Affordable Housing14
PART 115
HOUSING NEEDS PLANNING16
29-33-101. Legislative declaration. (1) (a) T
HE GENERAL17
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:18
(I) C
OLORADO LACKS A COORDINATED PROCESS TO SET GOALS ,19
DEVELOP SOLUTIONS , AND TRACK PROGRESS TOWARDS MEETING20
STATEWIDE, REGIONAL, AND LOCAL HOUSING NEEDS;21
(II) C
ONSISTENT INFORMATION ABOUT STATEWIDE , REGIONAL,22
AND LOCAL HOUSING NEEDS IS ESSENTIAL IN DEVELOPING EQUITABLE AND23
EFFECTIVE HOUSING POLICIES AND STRATEGIES AND IMPROVING EFFORTS24
TO INCREASE HOUSING AFFORDABILITY OVER TIME ;25
(III) H
OUSING MARKETS EXPAND BEYOND THE BORDERS OF26
INDIVIDUAL LOCAL GOVERNMENTS , AND INFORMATION IS REQUIRED ON A27
SB23-213
-21- LOCAL, REGIONAL, AND STATEWIDE SCALE TO MAKE A HOLISTIC PLAN FOR1
ADDRESSING HOUSING NEEDS ;2
(IV) A
LTHOUGH SOME LOCAL GOVERNMENTS WORK TO ASSESS3
AND ADDRESS HOUSING NEEDS , THESE LOCAL GOVERNMENTS USE4
DIFFERENT METHODOLOGIES , DO THIS WORK AT DIFFERENT TIMES , AND5
LACK REGIONAL COORDINATION ;6
(V) L
OCAL GOVERNMENTS THAT DO NOT ALLOW HOUSING SUPPLY7
TO KEEP PACE WITH HOUSEHOLD AND JOB GROWTH IN THEIR JURISDICTIONS8
EXPORT THEIR HOUSING NEEDS TO NEIGHBORING COMMUNITIES , CAUSING9
REGIONAL IMBALANCES THAT IMPACT EQUITY , POLLUTION,10
INFRASTRUCTURE COSTS, AND QUALITY OF LIFE;11
(VI) R
EQUIRING LOCAL GOVERNMENTS TO PLAN FOR AND12
IMPLEMENT STRATEGIES TO MEET AN EQUITABLE AMOUNT OF THEIR13
REGION'S HOUSING DEMAND WILL HELP MITIGATE THESE IMBALANCES AND14
THEIR NEGATIVE IMPACTS; AND15
(VII) T
HE STATE MANAGES MULTIPLE GRANT -BASED PROGRAMS16
DESIGNED TO HELP LOCAL GOVE RNMENTS ASSESS AND MEET HOUSING17
NEEDS, AND THESE PROGRAMS WILL BE ABLE TO MORE EFFECTIVELY18
ADDRESS HOUSING ISSUES WITH MORE COMPREHENSIVE AND CONSISTENT19
INFORMATION INFORMED BY REGIONAL AND STATEWIDE DATA .20
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT21
ASSESSING AND PLANNING FOR HOUSING NEEDS THROUGHOUT THE STATE22
IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN .23
29-33-102. Definitions. A
S USED IN THIS ARTICLE 33, UNLESS THE24
CONTEXT OTHERWISE REQUIRES :25
(1) "A
CCESSIBLE UNIT" MEANS A HOUSING UNIT THAT SATISFIES26
THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC.27
SB23-213
-22- 3601 ET SEQ., AS AMENDED.1
(2) "A
CCESSORY DWELLING UNIT " MEANS AN INTERNAL ,2
ATTACHED, OR DETACHED RESIDENTIAL DWELLING UNIT THAT :3
(a) P
ROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE4
OR MORE PERSONS;5
(b) I
S LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING6
PRIMARY RESIDENCE; AND7
(c) I
NCLUDES PROVISIONS FOR LIVING , SLEEPING, EATING,8
COOKING, AND SANITATION.9
(3) "A
FFORDABLE HOUSING" MEANS HOUSING FOR WHICH LOW -10
AND MODERATE-INCOME HOUSEHOLDS DO NOT SPEND MORE THAN THIRTY11
PERCENT OF THEIR HOUSEHOLD INCOME .12
(4) "B
US RAPID TRANSIT" MEANS A BUS-BASED TRANSIT SERVICE13
THAT:14
(a) D
ELIVERS FAST AND EFFICIENT SERVICE; AND15
(b) I
NCLUDES AT LEAST ONE OF THE FOLLOWING :16
(I) D
EDICATED LANES;17
(II) B
USWAYS;18
(III) T
RAFFIC SIGNAL PRIORITY;19
(IV) O
FF-BOARD FARE COLLECTION;20
(V) E
LEVATED PLATFORMS; OR21
(VI) E
NHANCED STATIONS.22
(5) "C
OMMUTER BUS RAPID TRANSIT SERVICE " MEANS A BUS RAPID23
TRANSIT SERVICE THAT OPERATES ON A LIMITED -ACCESS HIGHWAY FOR24
THE MAJORITY OF ITS ROUTE.25
(6) "C
OTTAGE CLUSTER" MEANS A GROUPING OF NO FEWER THAN26
FOUR DETACHED HOUSING UNITS , EACH HOUSING UNIT HAVING A27
SB23-213
-23- FOOTPRINT OF NO MORE THAN NINE HUNDRED SQUARE FEET , AND THE1
GROUPING HAVING A COMMON COURTYARD .2
(7) "D
ESIGN STANDARD" MEANS A STANDARD THAT RELATES TO3
THE AESTHETICS OF A PROJECT OR THE QUALITY OF CONSTRUCTION4
MATERIALS USED IN A PROJECT.5
(8) "D
ISCRETIONARY APPROVAL PROCESS" MEANS A DEVELOPMENT6
APPROVAL PROCESS CONDUCTED PURSUANT TO LOCAL LAW THAT7
REQUIRES A PUBLIC BODY OR OFFICIAL TO MAKE SUBJECTIVE8
DETERMINATIONS INCLUDING DETERMINATIONS OF CONSISTENCY WITH9
LOCAL PLANS, COMPATIBILITY OR HARMONY WITH SURROUNDING LAND10
USES OR DEVELOPMENT , OR STRATEGIES FOR MITIGATING PROJECT11
IMPACTS.12
(9) "D
ISPLACEMENT" MEANS THE UNWANTED RELOCATION OF13
RESIDENTS DUE TO INCREASED REAL ESTATE PRICES , RENTS, OR OTHER14
ECONOMIC FACTORS.15
(10) "D
WELLING UNIT" MEANS A SINGLE UNIT PROVIDING16
COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS ,17
INCLUDING PERMANENT PROVISIONS FOR COOKING , EATING, LIVING,18
SANITATION, AND SLEEPING.19
(11) "F
IXED-RAIL TRANSIT STATION" MEANS A STATION FOR20
PASSENGER RAIL TRANSIT THAT USES AND OCCUPIES A SEPARATE21
RIGHT-OF-WAY OR RAIL LINE, INCLUDING COMMUTER RAIL AND LIGHT22
RAIL.23
(12) "G
ROSS DENSITY" MEANS THE NUMBER OF RESIDENTIAL UNITS24
PER ACRE OF TOTAL RESIDENTIAL LAND AREA, INCLUDING LAND OCCUPIED25
BY PUBLIC AND PRIVATE RIGHTS-OF-WAY AND ANY RECREATIONAL , CIVIC,26
COMMERCIAL, AND OTHER NONRESIDENTIAL USES .27
SB23-213
-24- (13) "HISTORIC DISTRICT" MEANS A DISTRICT ESTABLISHED BY1
LOCAL LAW THAT MEETS THE DEFINITION OF "DISTRICT" SET FORTH IN 362
CFR 60.3 (d).3
(14) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY4
CITY, TOWN, TERRITORIAL CHARTER CITY, OR CITY AND COUNTY.5
(15) "L
OCAL INCLUSIONARY ZONING ORDINANCE " MEANS A LOCAL6
LAW ENACTED PURSUANT TO SECTION 29-20-104 (1)(e.5) TO EITHER7
REQUIRE OR INCENTIVIZE THE CONSTRUCTION OF AFFORDABLE OR8
REGULATED AFFORDABLE HOUSING UNITS WITHIN MIXED -INCOME9
DEVELOPMENTS. AS USED IN THIS SUBSECTION (15), "MIXED-INCOME10
DEVELOPMENT" HAS THE SAME MEANING AS SET FORTH IN SECTION11
24-32-130 (1)(f).12
(16) "L
OCAL LAW" MEANS ANY CODE, LAW, ORDINANCE, POLICY,13
REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT14
GOVERNS THE DEVELOPMENT AND USE OF LAND , INCLUDING LAND USE15
CODES, ZONING CODES, AND SUBDIVISION CODES.16
(17) "M
ETROPOLITAN PLANNING ORGANIZATION " MEANS A17
METROPOLITAN PLANNING ORGANIZATION UNDER THE "FEDERAL TRANSIT18
A
CT OF 1998", 49 U.S.C. SEC. 5301 ET SEQ., AS AMENDED.19
(18) "M
IDDLE HOUSING" MEANS A TYPE OF HOUSING THAT20
INCLUDES A:21
(a) B
UILDING DESIGNED AS A SINGLE STRUCTURE CONTAINING22
BETWEEN TWO AND SIX SEPARATE DWELLING UNITS ;23
(b) T
OWNHOME; OR24
(c) C
OTTAGE CLUSTER.25
(19) "M
INIMUM RESIDENTIAL DENSITY LIMIT" MEANS THE LOWEST26
DENSITY LIMIT A LOCAL GOVERNMENT MAY IMPOSE FOR NEW RESIDENTIAL27
SB23-213
-25- OR MIXED-USE DEVELOPMENT. LOCAL GOVERNMENTS MAY ALLOW HIGHER1
DENSITY DEVELOPMENT THAN THE MINIMUM RESIDENTIAL DENSITY LIMIT .2
(20) "M
IXED-USE DEVELOPMENT " MEANS A DEVELOPMENT3
PROJECT THAT INTEGRATES MULTIPLE LAND USE TYPES .4
(21) "M
ULTI-AGENCY ADVISORY COMMITTEE " MEANS AN5
ADVISORY GROUP WITHOUT DECISION -MAKING AUTHORITY COMPOSED OF :6
(a) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL7
AFFAIRS, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;8
(b) T
HE EXECUTIVE DIRECTOR OF THE COLORADO ENERGY OFFICE,9
OR THE EXECUTIVE DIRECTOR'S DESIGNEE;10
(c) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF11
TRANSPORTATION, OR THE EXECUTIVE DIRECTOR'S DESIGNEE; AND12
(d) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL13
RESOURCES, OR THE EXECUTIVE DIRECTOR'S DESIGNEE.14
(22) "M
ULTI-AGENCY GROUP" MEANS A GROUP COMPOSED OF15
STAFF FROM:16
(a) T
HE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF17
LOCAL AFFAIRS;18
(b) T
HE COLORADO ENERGY OFFICE;19
(c) T
HE DEPARTMENT OF NATURAL RESOURCES ; AND20
(d) T
HE DEPARTMENT OF TRANSPORTATION .21
(23) "M
ULTIFAMILY RESIDENTIAL HOUSING" MEANS A BUILDING OR22
GROUP OF BUILDINGS ON THE SAME LOT WITH SEPARATE LIVING UNITS FOR23
THREE OR MORE HOUSEHOLDS .24
(24) "N
ET DENSITY" MEANS THE NUMBER OF RESIDENTIAL UNITS25
PER ACRE OF TOTAL RESIDENTIAL LAND AREA, EXCLUDING LAND OCCUPIED26
BY PUBLIC RIGHTS-OF-WAY AND ANY RECREATIONAL , CIVIC, COMMERCIAL,27
SB23-213
-26- AND OTHER NONRESIDENTIAL USES .1
(25) "O
BJECTIVE PROCEDURE" MEANS A DEVELOPMENT REVIEW2
PROCEDURE OR PROCESS THAT DOE S NOT INVOLVE A DISCRETIONARY3
APPROVAL PROCESS.4
(26) "O
BJECTIVE STANDARD" MEANS A STANDARD THAT BOTH :5
(a) D
OES NOT REQUIRE A PUBLIC BODY OR OFFICIAL TO MAKE A6
PERSONAL OR SUBJECTIVE JUDGMENT ; AND7
(b) I
S UNIFORMLY VERIFIABLE OR ASCERTAINABLE BY REFERENCE8
TO AN EXTERNAL OR UNIFORM BENCHMARK OR CRITERION THAT IS9
AVAILABLE AND KNOWABLE BY THE DEVELOPMENT APPLICANT OR10
PROPONENT AND THE PUBLIC BODY OR OFFICIAL PRIOR TO THE11
DEVELOPMENT APPLICANT OR PROPONENT 'S FILING OF A DEVELOPMENT12
PROPOSAL.13
(27) "P
OPULATION" MEANS POPULATION AS OF THE MOST RECENT14
FEDERAL DECENNIAL CENSUS .15
(28) "R
EGULATED AFFORDABLE HOUSING " MEANS AFFORDABLE16
HOUSING CREATED OR SUPPORTED BY PUBLIC SUBSIDIES , LOCAL17
INCLUSIONARY ZONING ORDINANCES , OR OTHER REGULATIONS THAT18
RESTRICT OR LIMIT RESIDENT INCOME LEVELS FOR A SPECIFIED PERIOD .19
(29) "R
URAL RESORT JOB CENTER MUNICIPALITY " MEANS A20
MUNICIPALITY THAT:21
(a) I
S NOT WITHIN A METROPOLITAN PLANNING ORGANIZATION ;22
(b) H
AS A POPULATION OF ONE THOUSAND OR MORE ;23
(c) H
AS AT LEAST ONE THOUSAND TWO HUNDRED JOBS ACCORDING24
TO THE MOST RECENT UNITED STATES CENSUS BUREAU LONGITUDINAL25
EMPLOYER-HOUSEHOLD DYNAMICS ORIGIN -DESTINATION EMPLOYMENT26
STATISTICS;27
SB23-213
-27- (d) HAS A MINIMUM JOBS-TO-POPULATION RATIO OF SIXTY-FOUR1
HUNDREDTHS; AND2
(e) H
AS A TRANSIT STOP SERVICED BY A TRANSIT AGENCY THAT3
SERVES AT LEAST TWO MUNICIPALITIES AND WITH SERVICE THAT INCLUDES4
AN AVERAGE OF AT LEAST TWENTY HEADWAY TRIPS PER DAY , AS OF5
J
ANUARY 1, 2023.6
(30) "S
HORT-TERM RENTAL" MEANS A BUILDING OR A PORTION OF7
A BUILDING DESIGNED FOR USE PREDOMINANTLY AS A PLACE OF8
RESIDENCE BY A PERSON OR A FAMILY THAT IS PROVIDED TO AN9
INDIVIDUAL OR BUSINESS FOR FEWER THAN THIRTY CONSECUTIVE DAYS IN10
EXCHANGE FOR MONETARY PAYMENT .11
(31) "S
INGLE-UNIT DETACHED DWELLING " MEANS A DETACHED12
BUILDING WITH A SINGLE DWELLING UNIT AND ON A SINGLE LOT .13
(32) "S
TANDARD EXEMPT PARCEL " MEANS A PARCEL THAT:14
(a) L
IES ENTIRELY OUTSIDE OF AN AREA THAT IS DESIGNATED AS15
AN URBANIZED AREA BY THE MOST RECENT FEDERAL DECENNIAL CENSUS ;16
(b) I
S NOT SERVED BY A DOMESTIC WATER AND SEWAGE17
TREATMENT SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5);18
(c) I
S IN AN AGRICULTURAL ZONING DISTRICT AS OF JANUARY 1,19
2023;20
(d) I
S IN AN AREA OF THE WILDLAND-URBAN INTERFACE IDENTIFIED21
BY THE STATE FOREST SERVICE IN ITS STATEWIDE RISK ASSESSMENT MAP22
AS HIGH RISK, HIGH-VERY HIGH RISK, AND VERY HIGH RISK FOR WILDFIRES;23
OR24
(e) I
S IN A FLOODWAY OR IN A ONE HUNDRED YEAR FLOODPLAIN ,25
AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY .26
(33) "T
IER ONE URBAN MUNICIPALITY" MEANS EITHER:27
SB23-213
-28- (a) A MUNICIPALITY THAT:1
(I) I
S WITHIN A METROPOLITAN PLANNING ORGANIZATION THAT2
HAS A POPULATION OF ONE MILLION OR MORE ;3
(II) H
AS AT LEAST TEN PERCENT OF ITS LAND WITHIN AN AREA4
THAT IS DESIGNATED AS AN URBANIZED AREA BY THE MOST RECENT5
FEDERAL DECENNIAL CENSUS WITH A POPULATION GREATER THAN6
SEVENTY-FIVE THOUSAND; AND7
(III) H
AS A POPULATION OF AT LEAST ONE THOUSAND ; OR8
(b) A
MUNICIPALITY THAT IS:9
(I) W
ITHIN A METROPOLITAN PLANNING ORGANIZATION THAT HAS10
A POPULATION OF LESS THAN ONE MILLION ; AND11
(II) H
AS A POPULATION OF AT LEAST TWENTY -FIVE THOUSAND.12
(34) "T
IER TWO URBAN MUNICIPALITY" MEANS A MUNICIPALITY13
THAT DOES NOT SATISFY THE DEFINITION OF A TIER ONE URBAN14
MUNICIPALITY AND:15
(a) I
S WITHIN A METROPOLITAN PLANNING ORGANIZATION ;16
(b) H
AS A POPULATION OF BETWEEN FIVE THOUSAND AND17
TWENTY-FIVE THOUSAND; AND18
(c) I
S IN A COUNTY WITH A POPULATION OF TWO HUNDRED FIFTY19
THOUSAND OR MORE.20
(35) "T
OWNHOME" MEANS A DWELLING UNIT CONSTRUCTED IN A21
ROW OF TWO OR MORE ATTACHED DWELLING UNITS WHERE EACH22
DWELLING UNIT IS LOCATED ON AN INDIVIDUAL LOT AND SHARES AT LEAST23
ONE COMMON WALL WITH AN ADJACENT DWELLING UNIT .24
(36) "T
RANSIT-ORIENTED AREA" MEANS AN AREA WHERE ALL25
PARCELS HAVE AT LEAST TWENTY -FIVE PERCENT OF THEIR AREA WITHIN26
ONE-HALF MILE OF AN EXISTING FIXED-RAIL TRANSIT STATION. FOR THE27
SB23-213
-29- PURPOSES OF THIS SUBSECTION (36), A FIXED-RAIL TRANSIT STATION IS A1
FIXED-RAIL TRANSIT SERVICE BOARDING AND EXITING LOCATION OR2
STATION FOR THE GENERAL PUBLIC.3
(37) "U
RBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID4
TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE5
MAJORITY OF ITS ROUTE.6
(38) "U
RBAN MUNICIPALITY" MEANS BOTH A TIER ONE AND A TIER7
TWO URBAN MUNICIPALITY.8
(39) "U
SE BY RIGHT" MEANS DEVELOPMENT THAT PROCEEDS9
UNDER OBJECTIVE STANDARDS SET FORTH IN ZONING OR OTHER LOCAL10
LAWS AND THAT DOES NOT HAVE A DISCRETIONARY APPROVAL PROCESS .11
29-33-103. Housing needs assessments - methodology.12
(1) (a) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS13
SHALL ISSUE A METHODOLOGY FOR DEVELOPING STATEWIDE , REGIONAL,14
AND LOCAL HOUSING NEEDS ASSESSMENTS .15
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE , IN CONSULTATION16
WITH THE STATE DEMOGRAPHY OFFICE , SHALL, AS PART OF THE PUBLIC17
COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION 29-33-108 (2),18
DEVELOP RECOMMENDATIONS TO PROVIDE TO THE EXECUTIVE DIRECTOR19
OF THE DEPARTMENT OF LOCAL AFFAIRS CONCERNING THE METHODOLOGY20
FOR DEVELOPING STATEWIDE , REGIONAL, AND LOCAL HOUSING NEEDS21
ASSESSMENTS.22
(2) A
T A MINIMUM, THE METHODOLOGY FOR DEVELOPING HOUSING23
NEEDS ASSESSMENTS MUST INCLUDE :24
(a) F
OR THE STATEWIDE HOUSING NEEDS ASSESSMENT , METHODS25
TO:26
(I) E
STIMATE EXISTING HOUSING STOCK;27
SB23-213
-30- (II) CONDUCT A HOUSING SHORTAGE ANALYSIS ; AND1
(III) E
STIMATE THE HOUSING NECESSARY BY HOUSEHOLD SIZE ,2
HOUSEHOLD TYPE , AND INCOME LEVEL TO ACCOMMODATE THE3
DEMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE STATE4
DEMOGRAPHER;5
(b) F
OR REGIONAL HOUSING NEEDS ASSESSMENTS , METHODS TO:6
(I) A
LLOCATE REGIONAL SHARES OF THE STATEWIDE HOUSING7
NEEDS IDENTIFIED IN THE STATEWIDE HOUSING NEEDS ASSESSMENT TO8
EACH REGION, BASED ON:9
(A) E
XISTING AND PROJECTED HOUSING SHORTAGES AND10
SURPLUSES FOR DIFFERENT HOUSEHOLD TYPES AND INCOME LEVELS ;11
(B) E
XISTING HOUSING DIVERSITY AND STOCK ; AND12
(C) F
UTURE POPULATION AND JOB GROWTH PROJECTIONS ; AND13
(II) D
ESIGNATE REGIONS BASED ON THE BOUNDARIES OF14
METROPOLITAN PLANNING ORGANIZATIONS , RURAL REGIONS, AND RURAL15
RESORT REGIONS. THE DESIGNATION OF RURAL REGIONS AND RURAL16
RESORT REGIONS MUST BE BASED ON REGIONAL COMMUTING PATTERNS17
AMONG OTHER FACTORS .18
(c) F
OR LOCAL HOUSING NEEDS ASSESSMENTS , METHODS TO19
ALLOCATE LOCAL SHARES OF THE STATEWIDE HOUSING NEEDS IDENTIFIED20
IN THE STATEWIDE HOUSING NEEDS ASSESSMENT TO A LOCAL21
GOVERNMENT, BASED ON:22
(I) T
HE CURRENT PROPORTION OF THE LOCALITY 'S POPULATION IN23
DIFFERENT HOUSEHOLD INCOME LEVELS ;24
(II) T
HE LOCALITY'S CURRENT MEDIAN INCOME;25
(III) T
HE LOCALITY'S JOB-HOUSING BALANCE;26
(IV) T
HE LOCALITY'S POPULATION AND DEMOGRAPHICS ;27
SB23-213
-31- (V) MEASURES OF LOCAL RESOURCES IN THE LOCALITY ;1
(VI) V
ACANCY RATES IN THE LOCALITY; AND2
(VII) R
ATES OF HOMELESSNESS IN THE LOCALITY .3
(3) (a) N
O LATER THAN DECEMBER 31, 2024, AND EVERY FIVE4
YEARS THEREAFTER, IN ACCORDANCE WITH THE METHODOLOGIES FOR5
DEVELOPING HOUSING NEEDS ASSESSMENTS , THE EXECUTIVE DIRECTOR OF6
THE DEPARTMENT OF LOCAL AFFAIRS , WITH INPUT FROM THE7
MULTI-AGENCY ADVISORY COMMITTEE , SHALL PRODUCE STATEWIDE ,8
REGIONAL, AND LOCAL HOUSING NEEDS ASSESSMENTS WITH TWENTY -YEAR9
PLANNING FORECASTS.10
(b) E
ACH OF THE ASSESSMENTS MUST INCLUDE FOR THE RELEVANT11
AREA, BASED ON STATE DEMOGRAPHIC DATA DURING THE TWENTY -YEAR12
PLANNING PERIOD, ESTIMATES OF:13
(I) H
OUSING NEEDS IN THE AREA SORTED BY INCOME LEVELS , UNIT14
SIZES, AND UNIT TYPES INCLUDING ACCESSIBLE UNITS AND SUPPORTIVE15
HOUSING;16
(II) T
HE NUMBER OF HOUSEHOLDS IN THE AREA ;17
(III) T
HE NUMBER OF JOBS IN THE AREA;18
(IV) T
HE AREA'S POPULATION AND DEMOGRAPHICS ; AND19
(V) T
HE AREA'S EXISTING HOUSING STOCK;20
(c) L
OCAL GOVERNMENTS THAT ARE REQUIRED TO COMPLETE21
HOUSING NEEDS PLANS MUST USE THE LOCAL AND REGIONAL HOUSING22
NEEDS ASSESSMENTS TO INFORM THEIR HOUSING NEEDS PLANS .23
29-33-104. Housing needs plans - guidance - definition.24
(1) (a) N
O LATER THAN DECEMBER 31, 2024, THE EXECUTIVE DIRECTOR25
OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL ISSUE GUIDANCE FOR26
CREATING A HOUSING NEEDS PLAN .27
SB23-213
-32- (b) THE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF1
THE PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION2
29-33-108
(2), DEVELOP RECOMMENDATIONS TO PROVIDE TO THE3
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS4
CONCERNING GUIDANCE FOR CREATING A HOUSING NEEDS PLAN .5
(2) T
HE GUIDANCE FOR CREATING A HOUSING NEEDS PLAN MUST6
INCLUDE GUIDANCE SPECIFICALLY FOR BOTH RURAL RESORT JOB CENTER7
MUNICIPALITIES AND URBAN MUNICIPALITIES .8
(3) (a) N
O LATER THAN DECEMBER 31, 2026, AND EVERY FIVE9
YEARS THEREAFTER, IN ACCORDANCE WITH THE GUIDANCE FOR CREATING10
A HOUSING NEEDS PLAN, EVERY RURAL RESORT JOB CENTER MUNICIPALITY11
AND URBAN MUNICIPALITY SHALL DEVELOP , ADOPT, AND SUBMIT TO THE12
DEPARTMENT OF LOCAL AFFAIRS A HOUSING NEEDS PLAN . THE13
DEPARTMENT OF LOCAL AFFAIRS SHALL POST THE SUBMITTED PLANS14
PUBLICLY ON ITS WEBSITE.15
(b) B
EFORE ADOPTING AND SUBMITTING A HOUSING NEEDS PLAN ,16
A RURAL RESORT JOB CENTER MUNICIPALITY OR URBAN MUNICIPALITY17
SHALL PUBLISH THE MOST RECENT DRAFT OF ITS HOUSING NEEDS PLAN AND18
PROVIDE NOTICE OF A PUBLIC COMMENT PERIOD FOR THE RECEIPT OF19
WRITTEN COMMENTS CONCERNING THE PLAN . THE RURAL RESORT JOB20
CENTER MUNICIPALITY OR URBAN MUNICIPALITY MAY ALSO CHOOSE TO21
HOLD A PUBLIC HEARING ON THE PLAN.22
(4) A
HOUSING NEEDS PLAN MUST INCLUDE :23
(a) A
NARRATIVE DESCRIPTION OF THE STAKEHOLDER24
ENGAGEMENT CONDUCTED DURING THE DEVELOPMENT OF THE HOUSING25
NEEDS PLAN;26
(b) A
N ANALYSIS OF HOW THE RURAL RESORT JOB CENTER27
SB23-213
-33- MUNICIPALITY OR URBAN MUNICIPALITY WILL PROVIDE A REALISTIC1
OPPORTUNITY FOR DEVELOPMENT THAT WILL ADDRESS ITS LOCAL HOUSING2
NEEDS ASSESSMENT, INCLUDING THE DEMONSTRATED HOUSING NEEDS FOR3
PERSONS OF DIFFERENT INCOME LEVELS , OVER THE NEXT TWENTY YEARS4
WITH AN EQUITABLE DISTRIBUTION OF HOUSING WITHIN THE JURISDICTION ;5
(c) A
HOUSING NEEDS IMPLEMENTATION PLAN , WHICH MUST6
DESCRIBE HOW THE RURAL RESORT JOB CENTER MUNICIPALITY OR URBAN7
MUNICIPALITY HAS COMPLIED WITH THE APPLICABLE HOUSING8
REQUIREMENTS OF THIS ARTICLE 33 FOR ACCESSORY DWELLING UNITS ,9
MIDDLE HOUSING, TRANSIT-ORIENTED AREAS, AND KEY CORRIDORS, AND10
THE IMPLEMENTATION STATUS OF ANY RELEVANT ADOPTED LOCAL LAWS11
THAT SATISFY THE MINIMUM STANDARDS ESTABLISHED IN THIS ARTICLE 3312
OR OF ANY MODEL CODES;13
(d) A
GREENFIELD DEVELOPMENT ANALYSIS , AS DEFINED IN14
SUBSECTION (6) OF THIS SECTION, WHICH THE RURAL RESORT JOB CENTER15
MUNICIPALITY OR URBAN MUNICIPALITY SHALL ALSO PROVIDE TO THE16
DIVISION OF LOCAL GOVERNMENT WITHIN THE DEPARTMENT OF LOCAL17
AFFAIRS;18
(e) (I) A
DESCRIPTION OF AT LEAST TWO STRATEGIES THAT THE19
RURAL RESORT JOB CENTER MUNICI PALITY OR URBAN MUNICIPALITY20
ADOPTS FROM THE MENU OF AFFORDABILITY STRATEGIES DESCRIBED IN21
SECTION 29-33-105. THESE STRATEGIES MUST BOTH ADDRESS HOUSING22
NEEDS AND MAKE PROGRESS TOWARD MEETING DEMONSTRATED HOUSING23
NEEDS ACROSS ALL HOUSEHOLD INCOMES AND TYPES IDENTIFIED IN THE24
LOCAL HOUSING NEEDS ASSESSMENT ; AND25
(II) A
N IMPLEMENTATION PLAN AND THE ANTICIPATED OUTCOMES26
FOR EACH OF THE STRATEGIES ADOPTED PURSUANT TO THIS SUBSECTION27
SB23-213
-34- (4)(e);1
(f) I
N THE CASE OF A RURAL RESORT JOB CENTER MUNICIPALITY OR2
URBAN MUNICIPALITY WITH A TRANSIT-ORIENTED AREA, AT LEAST THREE3
STRATEGIES ADOPTED PURSUANT TO SUBSECTION (4)(e) OF THIS SECTION;4
AND5
(g) I
N THE CASE OF AN URBAN MUNICIPALITY , A NARRATIVE6
ANALYSIS OF ANY AREA AT ELEVATED RISK OF RESIDENTIAL7
DISPLACEMENT THAT THE URBAN MUNICIPALITY HAS IDENTIFIED AND A8
DESCRIPTION OF AND IMPLEMENTATION PLAN FOR THE STRATEGIES FROM9
THE MENU OF DISPLACEMENT MITIGATION MEASURES DESCRIBED IN10
SECTION 29-33-106, THAT THE URBAN MUNICIPALITY WILL USE TO11
MITIGATE IDENTIFIED DISPLACEMENT RISKS IN THESE AREAS .12
(5) W
HEN UPDATING ITS MASTER PLAN , A RURAL RESORT JOB13
CENTER MUNICIPALITY OR URBAN MUNICIPALITY SHALL INCLUDE ITS MOST14
RECENT HOUSING NEEDS PLAN IN ITS MASTER PLAN .15
(6) A
S USED IN THIS SECTION, A "GREENFIELD DEVELOPMENT16
ANALYSIS" MEANS AN ANALYSIS IN WHICH A LOCAL GOVERNMENT17
CLASSIFIES ANY AREA THAT IS LOCATED IN A METROPOLITAN PLANNING18
ORGANIZATION BUT OUTSIDE OF A CENSUS URBANIZED AREA IDENTIFIED19
IN A MASTER PLAN OR OUTSIDE OF A PLAN REQUIRED BY SECTION20
31-12-105 (1)(e)
AS A CONSERVATION AREA, EFFICIENT GROWTH AREA, OR21
GENERAL GROWTH AREA . IN MAKING THIS IDENTIFICATION , A LOCAL22
GOVERNMENT SHALL RELY ON THE CRITERIA AND DEFINITIONS IN THE23
STRATEGIC GROWTH OBJECTIVES MOST RECENTLY PUBLISHED BY THE24
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS . THESE25
DESIGNATIONS PROVIDE INFORMATION TO STATE AND REGIONAL ENTITIES26
FOR PLANNING PROCESSES, PROJECT PRIORITIZATION, AND GRANT FUNDING27
SB23-213
-35- CRITERIA.1
29-33-105. Menu of affordability strategies. (1) (a) N
O LATER2
THAN DECEMBER 31, 2024, THE EXECUTIVE DIRECTOR OF THE3
DEPARTMENT OF LOCAL AFFAIRS SHALL DEVELOP AND PUBLISH A MENU OF4
AFFORDABILITY STRATEGIES THAT INCLUDES STRATEGIES TO ADDRESS5
HOUSING PRODUCTION, PRESERVATION, AND AFFORDABILITY.6
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF7
THE PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION8
29-33-108
(2), DEVELOP RECOMMENDATIONS TO PROVIDE TO THE9
EXECUTIVE DIRECTOR OF LOCAL AFFAIRS CONCERNING THE DEVELOPMENT10
OF A MENU OF AFFORDABILITY STRATEGIES .11
(2) T
HE MENU OF AFFORDABILITY STRATEGIES MUST IDENTIFY12
WHICH STRATEGIES MAY BE MOST EFFECTIVE FOR RURAL RESORT JOB13
CENTER MUNICIPALITIES AND WHICH STRATEGIES MAY BE MOST EFFECTIVE14
FOR URBAN MUNICIPALITIES.15
(3) T
HE MENU OF AFFORDABILITY STRATEGIES MAY INCLUDE THE16
FOLLOWING:17
(a) S
TRATEGIES PROPOSED BY LOCAL GOVERNMENTS TO THE18
MULTI-AGENCY ADVISORY COMMITTEE ;19
(b) S
USTAINABLE LAND USE BEST PRACTICES IDENTIFIED IN20
SECTION 24-32-133 (2); AND21
(c) P
OLICY OR REGULATORY TOOLS THAT LOCAL GOVERNMENTS22
MAY ADOPT AS INCENTIVES TO PROMOTE AFFORDABLE HOUSING23
DEVELOPMENT AS IDENTIFIED IN SECTION 24-32-130 (3).24
29-33-106. Menu of displacement mitigation measures for25
urban municipalities. (1) (a) N
O LATER THAN DECEMBER 31, 2024, THE26
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL27
SB23-213
-36- DEVELOP A MENU OF DISPLACEMENT MITIGATION MEASURES FOR URBAN1
MUNICIPALITIES.2
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF3
THE PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION4
29-33-108
(2), DEVELOP RECOMMENDATIONS TO PROVIDE TO THE5
EXECUTIVE DIRECTOR OF LOCAL AFFAIRS CONCERNING THE DEVELOPMENT6
OF A MENU OF DISPLACEMENT MITIGATION MEASURES .7
(2) T
HE MENU OF DISPLACEMENT MITIGATION MEASURES MUST :8
(a) P
ROVIDE GUIDANCE TO IDENTIFY THE HIGHEST RISKS FOR9
DISPLACEMENT USING OBJECTIVE STANDARDS ;10
(b) P
ROVIDE GUIDANCE AND RECOMMENDATIONS FOR HOW A11
LOCAL GOVERNMENT SHALL INCORPORATE ANTI -DISPLACEMENT12
MEASURES INTO A HOUSING NEEDS PLAN ; AND13
(c) I
NCLUDE DISPLACEMENT MITIGATION MEASURES LOCAL14
GOVERNMENTS MAY CHOSE FROM IN DEVELOPING A HOUSING NEEDS PLAN .15
29-33-107. Strategic growth objectives - reporting. (1) (a) N
O16
LATER THAN MARCH 31, 2024, THE EXECUTIVE DIRECTOR OF THE17
DEPARTMENT OF LOCAL AFFAIRS SHALL PUBLISH A REPORT THAT18
IDENTIFIES STRATEGIC GROWTH OBJECTIVES .19
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF20
THE PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION21
29-33-108
(2), DEVELOP RECOMMENDATIONS TO PROVIDE TO THE22
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS23
CONCERNING STRATEGIC GROWTH OBJECTIVES .24
(2) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL25
AFFAIRS SHALL IDENTIFY STRATEGIC GROWTH OBJECTIVES , THE26
IMPLEMENTATION OF WHICH WILL INCENTIVIZE GROWTH THAT MEETS27
SB23-213
-37- STATE GOALS, INCLUDING REDUCING THE STATE 'S GREENHOUSE GAS1
EMISSIONS, IN AREAS NEAR TRANSIT, INFILL AREAS, AND AT THE EDGES OF2
URBAN AREAS.3
(3) T
HE STRATEGIC GROWTH OBJECTIVES MUST :4
(a) G
UIDE STATE, REGIONAL, AND LOCAL PLANNING AGENCIES IN5
UPDATING RELEVANT PLANS ;6
(b) I
NFORM STATE FUNDING DECISIONS , SO THAT THEY BETTER7
ALIGN WITH THE HOUSING POLICIES SET IN THIS ARTICLE 33;8
(c) P
ROVIDE DEFINITIONS OF, AND CRITERIA TO IDENTIFY ,9
CONSERVATION AREAS, EFFICIENT GROWTH AREAS, GENERAL GROWTH10
AREAS, AND ANY OTHER AREA DESIGNATIONS TO BE DETERMINED ; AND11
(d) R
ECOMMEND HOW TO STREAMLINE STATE AGENCY PROCESSES12
THAT IMPACT DEVELOPMENT .13
(4) N
O LATER THAN MARCH 31, 2024, THE MULTI-AGENCY GROUP14
SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY . THE REPORT MUST15
ADDRESS HOW TO IMPLEMENT THE STRATEGIC GROWTH OBJECTIVES . THE16
REPORT MUST ASSESS THE IMPACT OF DEVELOPMENT PATTERNS AND17
INFRASTRUCTURE SYSTEMS ON THE FISCAL HEALTH OF LOCAL , REGIONAL,18
AND STATE AGENCIES IN COLORADO, LOCALITIES, AND THE STATE. THE19
REPORT MAY IDENTIFY LEGISLATION OR RULEMAKING THAT WOULD20
IMPROVE THE FISCAL HEALTH OF INFRASTRUCTURE SYSTEMS .21
29-33-108. Public comment and hearing process. (1) I
N22
DEVELOPING RECOMMENDATIONS CONCERNING GUIDANCE FOR THE23
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS , THE24
MULTI-AGENCY ADVISORY COMMITTEE SHALL CONDUCT A PUBLIC25
COMMENT AND HEARING PROCESS ABOUT :26
(a) D
EVELOPING METHODOLOGY FOR THE DEVELOPMENT OF27
SB23-213
-38- STATEWIDE, REGIONAL, AND LOCAL HOUSING NEEDS ASSESSMENTS1
PURSUANT TO SECTION 29-33-103;2
(b) C
REATING A HOUSING NEEDS PLAN PURSUANT TO SECTION3
29-33-104;4
(c) D
EVELOPING A MENU OF AFFORDABILITY STRATEGIES THAT5
INCLUDES STRATEGIES TO ADDRESS HOUSING PRODUCTION ,6
PRESERVATION, AND AFFORDABILITY PURSUANT TO SECTION 29-33-105;7
(d) D
EVELOPING A MENU OF DISPLACEMENT MITIGATION8
MEASURES FOR URBAN MUNICIPALITIES PURSUANT TO SECTION 29-33-106; 9
(e) P
UBLISHING A REPORT THAT IDENTIFIES STRATEGIC GROWTH10
OBJECTIVES PURSUANT TO SECTION 29-33-107; AND11
(f) D
EVELOPING REPORTING GUIDANCE AND TEMPLATES FOR12
RURAL RESORT JOB CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES13
PURSUANT TO SECTION 29-33-112.14
(2) T
O CONDUCT THE PUBLIC COMMENT AND HEARING PROCESS15
REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE MULTI-AGENCY16
ADVISORY COMMITTEE SHALL :17
(a) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC18
MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO19
COMMENT ON THE SUBJECT OF THE HEARING ;20
(b) A
LLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE21
SUBJECT OF THE HEARING;22
(c) C
ONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL23
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ; AND24
(d) C
ONSULT WITH EXPERTS IN DISABILITY RIGHTS, AFFORDABLE25
HOUSING, FAIR HOUSING, PLANNING AND ZONING, AND RELATED FIELDS.26
29-33-109. Natural and agricultural land priorities report.27
SB23-213
-39- (1) NO LATER THAN DECEMBER 31, 2024, THE OFFICE OF CLIMATE1
PREPAREDNESS CREATED IN SECTION 24-38.8-102 (1) SHALL CONSULT2
WITH THE DEPARTMENT OF AGRICULTURE , THE DIVISION OF PARKS AND3
WILDLIFE WITHIN THE DEPARTMENT OF NATURAL RESOURCES , THE4
OUTDOOR RECREATION INDUSTRY OFFICE IN THE OFFICE OF ECONOMIC5
DEVELOPMENT, THE COLORADO TOURISM OFFICE, AND THE MULTI-AGENCY6
GROUP TO DEVELOP A REPORT THAT IDENTIFIES INTERJURISDICTIONAL7
PRIORITIES THAT METROPOLITAN PLANNING ORGANIZATIONS SHOULD8
APPLY TO ACHIEVE BOTH:9
(a) C
ONNECTIVITY TO OPEN SPACE AND NATURAL LANDS ; AND10
(b) P
RESERVATION OF AGRICULTURAL LAND AND OPEN SPACE .11
(2) T
HE DEPARTMENT OF LOCAL AFFAIRS SHALL PUBLISH THE12
REPORT AND MAKE IT AVAILABLE AS A RESOURCE FOR LOCAL13
GOVERNMENTS FOR USE IN DEVELOPING MASTER PLANS PURSUANT TO14
SECTIONS 30-28-106 (6.5)(d) AND 31-23-206 (6.5)(d) AS APPLICABLE.15
29-33-110. Regional collaboration - rural resort regional16
housing needs plan process. (1) (a) N
O LATER THAN JUNE 30, 2026, A17
COUNTY OR MUNICIPALITY WITHIN A REGION DEFINED AS A RURAL RESORT18
REGION IN THE REGIONAL HOUSING NEEDS ASSESSMENT SHALL19
PARTICIPATE IN A REGIONAL HOUSING NEEDS PLANNING PROCESS .20
(b) A
REGIONAL HOUSING NEEDS PLANNING PROCESS MUST21
ENCOURAGE PARTICIPATING COUNTIES AND MUNICIPALITIES TO IDENTIFY22
STRATEGIES THAT ADDRESS THE HOUSING NEEDS ASSIGNED TO THOSE23
COUNTIES AND MUNICIPALITIES IN LOCAL HOUSING NEEDS ASSESSMENTS24
THROUGH EITHER:25
(I) T
HE ADOPTION OF STRATEGIES BY AN INDIVIDUAL COUNTY OR26
MUNICIPALITY; OR27
SB23-213
-40- (II) THE ADOPTION OF STRATEGIES THR OUGH1
INTERGOVERNMENTAL AGREEMENTS .2
(c) A
REGIONAL HOUSING NEEDS PLANNING PROCESS MUST3
INCLUDE:4
(I) A
MAP IDENTIFYING LOCATIONS WHERE MINIMUM STANDARDS5
FOR MIDDLE HOUSING, TRANSIT-ORIENTED AREAS, AND KEY CORRIDORS6
CAN MEET THE HOUSING NEEDS IDENTIFIED IN THE REGIONAL HOUSING7
NEEDS ASSESSMENT;8
(II) P
RIORITY STRATEGIES FROM THE MENU OF AFFORDABILITY9
STRATEGIES DEVELOPED IN SECTION 29-33-105 THAT SUPPORT MEETING10
THE AFFORDABILITY LEVELS IDENTIFIED IN THE REGIONAL HOUSING NEEDS11
ASSESSMENT; AND12
(III) L
OCATIONS WHERE THE REDUCTION OF PARKING MINIMUMS13
CAN ALLEVIATE HOUSING AFFORDABILITY NEEDS .14
(d) (I) A
T THE CONCLUSION OF A REGIONAL HOUSING NEEDS15
PLANNING PROCESS, A REPORT MUST BE SUBMITTED TO THE DEPARTMENT16
OF LOCAL AFFAIRS THAT DOCUMENTS THE OUTCOMES ACHIEVED BY AND17
COMMITMENTS MADE BY THE COUNTIES AND MUNICIPALITIES THAT18
PARTICIPATED IN THE REGIONAL HOUSING NEEDS PROCESS IN MEETING THE19
REGIONAL HOUSING NEEDS ASSESSMENT BY :20
(A) A
N ENTITY AGREED UPON BY ALL OF THE COUNTIES AND21
MUNICIPALITIES WHO PARTICIPATE IN THE REGIONAL HOUSING NEEDS22
PLANNING PROCESS IF THEY CAN AGREE ON SUCH AN ENTITY ; OR23
(B) I
F THE COUNTIES AND MUNICIPALITIES CANNOT AGREE UPON24
AN ENTITY PURSUANT TO SUBSECTION (1)(d)(I)(A) OF THIS SECTION, THE25
MULTI-AGENCY GROUP.26
(II) T
HE DEPARTMENT OF LOCAL AFFAIRS SHALL REVIEW THE27
SB23-213
-41- REGIONAL HOUSING NEEDS PLANNING PROCESS REPORT AND ASSESS THE1
APPLICABILITY OF THE STRATEGIES IDENTIFIED IN THE REPORT IN MEETING2
THE HOUSING NEEDS IDENTIFIED IN THE REGI ONAL HOUSING NEEDS3
ASSESSMENT. AFTER REVIEWING THE REPORT, THE DEPARTMENT OF LOCAL4
AFFAIRS SHALL APPROVE THE REPORT OR PROVIDE FEEDBACK AS NEEDED .5
(e) O
NLY PARTS OF A RURAL RESORT JOB CENTER MUNICIPALITY6
THAT ARE IDENTIFIED IN A REGIONAL HOUSING NEEDS ASSESSMENT7
IDENTIFIED IN THE MAP INCLUDED IN THE HOUSING NEEDS PLANNING8
PROCESS PURSUANT TO SUBSECTION (1)(c)(I) OF THIS SECTION ARE9
SUBJECT TO THE MODEL CODES AND MINIMUM STANDARDS FOR MIDDLE10
HOUSING AND KEY CORRIDORS .11
(2) W
ITHIN SIX MONTHS OF CONCLUDING A REGIONAL HOUSING12
NEEDS PLANNING PROCESS AS DESCRIBED IN SUBSECTION (1) OF THIS13
SECTION, A RURAL RESORT JOB CENTER MUNICIPALITY SHALL SUBMIT A14
LOCAL HOUSING NEEDS PLAN TO THE DEPARTMENT OF LOCAL AFFAIRS15
THAT BOTH COMPLIES WITH SECTION 29-33-104 (4) AND IDENTIFIES THE16
STRATEGIES THAT THE MUNICIPALITY WILL USE TO MEET ITS LOCAL17
HOUSING NEEDS ASSESSMENT . THE MUNICIPALITY MAY INCLUDE18
STRATEGIES THAT IT WILL ADOPT THROUGH INTERGOVERNMENTAL19
AGREEMENTS IN THE LOCAL HOUSING NEEDS PLAN .20
29-33-111. Technical assistance - housing plans assistance21
fund - definition. (1) T
HE DIVISION OF LOCAL GOVERNMENT WITHIN THE22
DEPARTMENT OF LOCAL AFFAIRS SHALL PROVIDE TECHNICAL ASSISTANCE23
MATERIALS, BRIEFINGS, CONSULTING SERVICES, TEMPLATES, TOOLS,24
TRAININGS, WEBINARS, OR OTHER GUIDANCE TO AID LOCAL GOVERNMENTS25
AND METROPOLITAN PLANNING ORGANIZATIONS IN UPDATING LOCAL LAWS26
AND OTHERWISE COMPLYING WITH THIS ARTICLE 33.27
SB23-213
-42- (2) TO ASSIST LOCAL GOVERNMENTS IN COMPLYING WITH THIS1
ARTICLE 33, THE DIVISION OF LOCAL GOVERNMENT WITHIN THE2
DEPARTMENT OF LOCAL AFFAIRS , WITH THE SUPPORT OF THE3
MULTI-AGENCY GROUP, SHALL PROVIDE TECHNICAL ASSISTANCE FUNDING4
THROUGH EITHER A GRANT PROGRAM OR THE PROVISION OF CONSULTANT5
SERVICES THROUGH SUBJECT JURISDICTIONS OR BOTH A GRANT PROGRAM6
AND PROVISION OF CONSULTANT SERVICES . THE DIVISION OF LOCAL7
GOVERNMENT MAY ALSO PROVIDE TECHNICAL ASSISTANCE FUNDING8
THROUGH A METROPOLITAN PLANNING ORGANIZATION OR OTHER9
REGIONAL ENTITY.10
(3) (a) T
HE HOUSING PLANS ASSISTANCE FUND IS CREATED IN THE11
STATE TREASURY. THE FUND CONSISTS OF ANY MONEY THAT THE GENERAL12
ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR13
IMPLEMENTATION OF THE GRANT PROGRAM , AND GIFTS, GRANTS, OR14
DONATIONS CREDITED TO THE FUND. THE STATE TREASURER SHALL CREDIT15
ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT16
OF MONEY IN THE HOUSING PLANS ASSISTANCE CASH FUND TO THE FUND .17
(b) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL18
ASSEMBLY, THE DEPARTMENT OF LOCAL AFFAIRS MAY EXPEND MONEY19
FROM THE FUND FOR THE PURPOSES OF PROVIDING TECHNICAL ASSISTANCE20
AND IMPLEMENTING A GRANT PROGRAM PURSUANT TO SUBSECTIONS (1)21
AND (2) OF THIS SECTION.22
29-33-112. Reporting requirements. (1) (a) N
O LATER THAN23
D
ECEMBER 31, 2025, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF24
LOCAL AFFAIRS SHALL DEVELOP REPORTING GUIDANCE AND TEMPLATES25
FOR RURAL RESORT JOB CENTER MUNICIPALITIES AND URBAN26
MUNICIPALITIES.27
SB23-213
-43- (b) THE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF1
THE PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION2
29-33-108
(2), PROVIDE RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR3
OF THE DEPARTMENT OF LOCAL AFFAIRS CONCERNING THE DEVELOPMENT4
OF REPORTING GUIDANCE AND TEMPLATES FOR RURAL RESORT JOB CENTER5
MUNICIPALITIES AND URBAN MUNICIPALITIES .6
(2) A
T A MINIMUM, RURAL RESORT JOB CENTER MUNICIPALITIES7
AND URBAN MUNICIPALITIES SHALL REPORT , NO LATER THAN DECEMBER8
31,
2026, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF9
LOCAL AFFAIRS, THE FOLLOWING HOUSING DATA TO THE DEPARTMENT OF10
LOCAL AFFAIRS ONCE EVERY YEAR :11
(a) T
HE NUMBER OF PERMITS THAT THE MUNICIPALITY ISSUED FOR12
NEW HOUSING UNITS CATEGORIZED BY THE NUMBER OF UNITS IN EACH13
STRUCTURE TYPE;14
(b) T
HE NUMBER OF NEW HOUSING UNITS CATEGORIZED BY THE15
NUMBER OF UNITS IN EACH STRUCTURE TYPE , IN THE MUNICIPALITY ON16
WHICH CONSTRUCTION HAS BEGUN ;17
(c) T
IMEFRAMES TO COMPLETE RESIDENTIAL PERMIT REVIEWS BY18
HOUSING TYPE;19
(d) W
ORKFORCE ASSIGNED TO DEVELOPMENT REVIEW BY POSITION20
TYPE;21
(e) T
HE IMPLEMENTATION STATUS OF THE STRATEGIES IDENTIFIED22
IN THE MUNICIPALITY'S HOUSING NEEDS PLAN;23
(f) Z
ONING INFORMATION THAT MAY INCLUDE GEOSPATIAL DATA24
SPECIFYING ZONING DISTRICTS, ALLOWED USES AND DENSITIES , AND25
OTHER DATA IN A STANDARD FORMAT ; AND26
(g) T
HE NUMBER OF INTERGOVERNMENTAL AGREEMENTS THAT27
SB23-213
-44- THE MUNICIPALITY HAS ENTERED INTO TO ADDRESS ITS LOCAL AND1
REGIONAL HOUSING NEEDS ASSESSMENTS AND A DESCRIPTION OF THESE2
AGREEMENTS.3
(3) U
PON RECEIVING THE REPORTS FROM THE RURAL RESORT JOB4
CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES PURSUANT TO5
SUBSECTION (2) OF THIS SECTION, THE DIVISION OF LOCAL AFFAIRS SHALL6
PUBLISH AN ANALYSIS ON A PUBLICLY AVAILABLE DASHBOARD THAT7
INCLUDES ALL OF THE INFORMATION IN THE REPORTS .8
29-33-113. Compliance. N
O LATER THAN JUNE 30, 2027, THE9
DEPARTMENT OF LOCAL AFFAIRS SHALL CONDUCT A COMPLIANCE REVIEW10
AND APPROVE HOUSING NEEDS PLANS OR PROVIDE FEEDBACK TO RURAL11
RESORT JOB CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES AS12
NEEDED.13
PART 214
ACCESSORY DWELLING UNITS15
29-33-201. Legislative declaration. (1) (a) T
HE GENERAL16
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:17
(I) L
OCAL GOVERNMENT LAND USE DECISIONS FREQUENTLY LIMIT18
ACCESSORY DWELLING UNIT DEVELOPMENT ;19
(II) T
HE TEN LARGEST MUNICIPALITIES IN THE DENVER20
METROPOLITAN AREA ALLOW SINGLE -UNIT DETACHED DWELLINGS AS A21
USE BY RIGHT ON OVER EIGHTY -FIVE PERCENT OF THEIR RESIDENTIAL22
LAND, COMPARED TO TWENTY-FOUR PERCENT FOR ACCESSORY DWELLING23
UNITS, ACCORDING TO PUBLICLY AVAILABLE ZONING DATA ;24
(III) H
OUSING SUPPLY IMPACTS HOUSING AFFORDABILITY ;25
(IV) H
OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING26
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A27
SB23-213
-45- METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL1
B
UREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND2
H
OUSING SUPPLY", "THE IMPACT OF ZONING ON HOUSING3
A
FFORDABILITY", AND "THE IMPACT OF LOCAL RESIDENTIAL LAND USE4
R
ESTRICTIONS ON LAND VALUES ACROSS AND WITHIN SINGLE FAMILY5
H
OUSING MARKETS". INCREASING HOUSING SUPPLY MODERATES PRICE6
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL7
INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC8
I
MPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC9
P
ERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND10
A
FFORDABILITY", IN THE JOURNAL OF HOUSING POLICY DEBATE.11
(V) M
ORE PERMISSIVE LOCAL GOVERNMENT ACCESSORY12
DWELLING UNIT REGULATIONS CAN HELP INCREASE HOUSING SUPPLY AND13
STABILIZE HOUSING COSTS;14
(VI) A
CCESSORY DWELLING UNITS OFFER A WAY TO PROVIDE15
COMPACT, RELATIVELY AFFORDABLE HOUSING IN ESTABLISHED16
NEIGHBORHOODS WITH MINIMAL IMPACTS TO INFRASTRUCTURE AND ALSO17
SUPPLY NEW HOUSING WITHOUT ADDING NEW DISPERSED LOW -DENSITY18
HOUSING;19
(VII) R
ELATIVE TO DISPERSED LOW -DENSITY DEVELOPMENT ,20
COMPACT INFILL DEVELOPMENT , INCLUDING ACCESSORY DWELLING UNIT21
DEVELOPMENT, REDUCES WATER USE , GREENHOUSE GAS EMISSIONS ,22
INFRASTRUCTURE COSTS, AND HOUSEHOLD ENERGY AND TRANSPORTATION23
COSTS;24
(VIII) A
CCESSORY DWELLING UNITS PROVIDE FINANCIAL BENEFITS25
TO HOMEOWNERS;26
(IX) A
CCESSORY DWELLING UNITS GENERATE RENTAL INCOME TO27
SB23-213
-46- HELP HOMEOWNERS COVER MORTGAGE PAYMENTS OR OTHER COSTS ,1
WHICH CAN BE IMPORTANT FOR OLDER HOMEOWNERS ON FIXED INCOMES ;2
(X) A
CCESSORY DWELLING UNITS CAN PROVIDE FAMILIES WITH3
OPTIONS FOR INTERGENERATIONAL LIVING ARRANGEMENTS THAT ENABLE4
CHILD OR ELDER CARE AND AGING IN PLACE ; AND5
(XI) A
CCESSORY DWELLING UNITS USE SIGNIFICANTLY LESS6
ENERGY FOR HEATING AND COOLING THAN SINGLE -UNIT DETACHED7
DWELLINGS BECAUSE OF THEIR SMALLER SIZE , WHICH REDUCES8
HOUSEHOLD ENERGY COSTS AND GREENHOUSE GAS EMISSIONS .9
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE10
INCREASED SUPPLY OF HOUSING THROUGH ACCESSORY DWELLING UNITS11
IS A MATTER OF MIXED STATE AND LOCAL CONCERN .12
29-33-202. Definitions. A
S USED IN THIS PART 2, UNLESS THE13
CONTEXT OTHERWISE REQUIRES :14
(1) "M
INIMUM STANDARDS" MEANS THE MINIMUM STANDARDS15
ESTABLISHED IN SECTION 29-33-205.16
(2) "M
ODEL CODE" MEANS THE MODEL CODE PROMULGATED BY17
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS18
PURSUANT TO SECTION 29-33-204.19
(3) "N
ON-URBAN MUNICIPALITY" MEANS A MUNICIPALITY THAT IS20
NEITHER A RURAL RESORT JOB CENTER MUNICIPALITY NOR AN URBAN21
MUNICIPALITY AND THAT HAS A POPULATION OF FIVE T HOUSAND OR MORE .22
(4) "S
UBJECT JURISDICTION" MEANS A NON-URBAN MUNICIPALITY,23
RURAL RESORT JOB CENTER MUNICIPALITY , OR URBAN MUNICIPALITY.24
29-33-203. Applicability - exemptions. (1) T
HE REQUIREMENTS25
OF THIS PART 2 APPLY ONLY IN A SUBJECT JURISDICTION.26
(2) U
NLESS A SUBJECT JURISDICTION DECIDES OTHERWISE , LOCAL27
SB23-213
-47- LAWS ADOPTED PURSUANT TO THIS PART 2 ONLY APPLY TO PARCELS THAT1
ARE NOT STANDARD EXEMPT PARCELS .2
29-33-204. Model code. (1) (a) N
O LATER THAN JUNE 30, 2024,3
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL4
PROMULGATE AN ACCESSORY DWELLING UNIT MODEL CODE .5
(b) T
HE MULTI-AGENCY ADVISORY CO MMITTEE SHALL PROVIDE6
RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT7
OF LOCAL AFFAIRS CONCERNING THE MODEL CODE .8
(2) I
N DEVELOPING RECOMMENDATIONS CONCERNING THE MODEL9
CODE, THE MULTI-AGENCY ADVISORY COMMITTEE SHALL :10
(a) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC11
MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO12
COMMENT ON THE MODEL CODE ;13
(b) A
LLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE14
MODEL CODE;15
(c) C
ONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL16
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ; AND17
(d) C
ONSULT WITH EXPERTS IN DISABILITY RIGHTS, AFFORDABLE18
HOUSING, FAIR HOUSING, PLANNING, ZONING, AND RELATED FIELDS.19
(3) T
HE MODEL CODE MUST, AT A MINIMUM:20
(a) A
LLOW ACCESSORY DWELLING UNITS AS A USE BY RIGHT IN21
ANY PART OF THE SUBJECT JURISDICTION WHERE THE SUBJECT22
JURISDICTION ALLOWS SINGLE-UNIT DETACHED DWELLINGS AS A USE BY23
RIGHT AS OF JANUARY 1, 2023; AND24
(b) E
STABLISH OBJECTIVE STANDARDS FOR ALL OF THE ELEMENTS25
ADDRESSED IN THE MINIMUM STANDARDS .26
(4) T
HE MODEL CODE MUST NOT INCLUDE A REQUIREMENT FOR27
SB23-213
-48- NEW OFF-STREET PARKING IN CONNECTION WITH THE CONSTRUCTION OR1
PERMITTING OF AN ACCESSORY DWELLING UNIT .2
29-33-205. Minimum standards. (1) N
OTWITHSTANDING ANY3
LOCAL LAW TO THE CONTRARY , A SUBJECT JURISDICTION THAT DOES NOT4
ADOPT THE MODEL CODE SHALL :5
(a) A
LLOW ACCESSORY DWELLING UNITS AS A USE BY RIGHT IN6
ANY PART OF THE SUBJECT JURISDICTION WHERE THE SUBJECT7
JURISDICTION ALLOWS SINGLE-UNIT DETACHED DWELLINGS AS A USE BY8
RIGHT AS OF JANUARY 1, 2023;9
(b) O
NLY ADOPT OR ENFORCE LOCAL LAWS CONCERNING10
ACCESSORY DWELLING UNIT LAND USE THAT USE OBJECTIVE STANDARDS11
AND OBJECTIVE PROCEDURES;12
(c) A
LLOW ADDITIONS TO, OR THE CONVERSION OF, AN EXISTING13
SINGLE-UNIT DETACHED DWELLING TO CREATE AN ACCESSORY DWELLING14
UNIT SO LONG AS THE ADDITION OR CONVERSION DOES NOT INCREASE15
NONCONFORMANCE WITH APPLICABLE OBJECTIVE STANDARDS , UNLESS16
LOCAL LAWS ALLOW FOR SUCH AN INCREASE IN NONCONFORMANCE ;17
(d) I
F THE SUBJECT JURISDICTION APPLIES DESIGN STANDARDS TO18
ACCESSORY DWELLING UNITS, ONLY APPLY THE SAME DESIGN STANDARDS19
TO AN ACCESSORY DWELLING UNIT THAT THE SUBJECT JURISDICTION20
APPLIES TO A SINGLE-UNIT DETACHED DWELLING ; AND21
(e) A
LLOW ACCESSORY DWELLING UNIT SIZES OF AT LEAST THE22
GREATER OF EITHER EIGHT HUNDRED SQUARE FEET OR FIFTY PERCENT OF23
THE SIZE OF THE PRIMARY RESIDENCE ON THE SAME LOT .24
(2) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A25
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL26
NOT:27
SB23-213
-49- (a) ADOPT, ENACT, OR ENFORCE LOCAL LAWS CONCERNING1
ACCESSORY DWELLING UNIT LAND USE THAT ARE MORE RESTRICTIVE THAN2
LOCAL LAWS CONCERNING SINGLE -UNIT DETACHED DWELLING LAND USE3
IN THE SAME ZONING DISTRICT OR OTHER TYPE OF DISTRICT THAT4
REGULATES LAND USE, UNLESS REQUIRED BY THE MINIMUM STANDARDS5
OR MODEL CODE;6
(b) A
DOPT, ENACT, OR ENFORCE LOCAL LAWS THAT INDIVIDUALLY7
OR CUMULATIVELY CREATE UNREASONABLE COSTS OR DELAYS OR THAT8
MAKE THE PERMITTING, SITING, OR CONSTRUCTION OF AN ACCESSORY9
DWELLING UNIT ON AN ELIGIBLE PROPERTY INFEASIBLE ;10
(c) I
MPOSE A REQUIREMENT ON AN ACCESSORY DWELLING UNIT11
THAT IS CONTINGENT UPON THE PRIMARY RESIDENCE ON THE SAME LOT12
BEING OWNER-OCCUPIED;13
(d) A
MEND, DEVELOP, OR INTERPRET A LOCAL LAW APPLICABLE TO14
AN ACCESSORY DWELLING UNIT IN A MANNER THAT INTERFERES WITH THE15
INTENT OF THIS PART 2;16
(e) F
OR URBAN MUNICIPALITIES ONLY, REQUIRE NEW OFF-STREET17
PARKING IN CONNECTION WITH THE CONSTRUCTION OR PERMITTING OF AN18
ACCESSORY DWELLING UNIT; OR19
(f) R
EQUIRE SIDE OR REAR SETBACKS GREATER THAN FIVE FEET20
FOR AN ACCESSORY DWELLING UNIT , UNLESS SUCH A SETBACK IS21
NECESSARY TO COMPLY WITH PUBLIC HEALTH OR SAFETY STANDARDS .22
(3) T
HE DEPARTMENT OF LOCAL AFFAIRS MAY PROMULGATE RULES23
AS IT DEEMS NECESSARY TO UPDATE THE MINIMUM STANDARDS OR MODEL24
CODE, UTILIZING A PUBLIC HEARING AND COMMENT PROCESS .25
29-33-206. Adoption of model codes - satisfaction of minimum26
standards - reporting. (1) N
O LATER THAN DECEMBER 31, 2024, A27
SB23-213
-50- SUBJECT JURISDICTION SHALL EITHER:1
(a) A
DOPT LOCAL LAWS CONCERNING ACCESSORY DWELLING UNITS2
THAT SATISFY THE MINIMUM STANDARDS ESTABLISHED IN SECTION3
29-33-205;
OR4
(b) A
DOPT THE MODEL CODE.5
(2) I
F A SUBJECT JURISDICTION DOES NOT SATISFY THE6
REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION BEFORE JUNE 30,7
2025,
THE MODEL CODE GOES INTO EFFECT IMMEDIATELY FOR APPLICABLE8
PARCELS, AS SPECIFIED IN SECTION 29-33-303, IN THE SUBJECT9
JURISDICTION UNTIL THE DEPARTMENT OF LOCAL AFFAIRS DETERMINES10
THAT THE SUBJECT JURISDICTION HAS ADOPTED LAWS THAT COMPLY WITH11
THE MINIMUM STANDARDS .12
(3) I
F A SUBJECT JURISDICTION ADOPTS THE MODEL CODE OR THE13
MODEL CODE IS OTHERWISE IN EFFECT FOR A SUBJECT JURISDICTION14
PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE SUBJECT15
JURISDICTION SHALL:16
(a) U
SE OBJECTIVE PROCEDURES TO DETERMINE WHETHER AN17
ACCESSORY DWELLING PROJECT SATISFIES THE MODEL CODE AND APPROVE18
SUCH A PROJECT IF IT SATISFIES THE MODEL CODE; AND19
(b) N
OT ADOPT, ENACT, OR ENFORCE ANY LOCAL LAWS THAT20
CONTRAVENE THE MODEL CODE .21
(4) (a) N
O LATER THAN JUNE 30, 2024, A SUBJECT JURISDICTION22
MAY SUBMIT AN APPLICATION TO THE DEPARTMENT OF LOCAL AFFAIRS , IN23
A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL24
AFFAIRS, FOR AN EXTENSION OF THE APPLICABLE REQUIREMENTS ADOPTED25
PURSUANT TO SUBSECTION (1) OF THIS SECTION.26
(b) T
HE APPLICATION MUST INCLUDE A DEMONSTRATION BY THE27
SB23-213
-51- SUBJECT JURISDICTION THAT:1
(I) T
HE SUBJECT JURISDICTION'S WATER, SEWER, OR STORMWATER2
SERVICES ARE CURRENTLY DEFICIENT IN SPECIFIC AREAS , OR ARE3
EXPECTED TO BECOME DEFICIENT IN THE NEXT FIVE YEARS ;4
(II) T
HE SUBJECT JURISDICTION HAS ESTABLISHED A PLAN OF5
ACTION TO REMEDY THE DEFICIENT WATER , SEWER, OR STORMWATER6
SERVICES IN THE SPECIFIC AREAS IDENTIFIED IN SUBSECTION (4)(b)(I) OF7
THIS SECTION ON A SPECIFIC TIMELINE; AND8
(III) T
HE SUBJECT JURISDICTION IS UNABLE TO SERVE LESS WATER9
EFFICIENT HOUSING TYPES THAN THOSE REQUIRED BY THIS PART 2.10
(c) T
HE DEPARTMENT OF LOCAL AFFAIRS MAY ADOPT RULES OR11
PROMULGATE GUIDANCE AS NECESSARY TO IMPLEMENT THIS SUBSECTION12
(4).13
(5) (a) N
O LATER THAN DECEMBER 31, 2024, A SUBJECT14
JURISDICTION SHALL SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS , IN15
A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL16
AFFAIRS, A REPORT DEMONSTRATING EVIDENCE OF COMPLIANCE WITH17
EITHER THE MODEL CODE OR MINIMUM STANDARDS .18
(b) W
ITHIN NINETY DAYS OF RECEIVING A REPORT DESCRIBED IN19
SUBSECTION (5)(a) OF THIS SECTION , THE DEPARTMENT OF LOCAL AFFAIRS20
SHALL REVIEW AND APPROVE THE SUBMITTED REPORT OR REJECT THE21
REPORT AND PROVIDE FEEDBACK TO A SUBJECT JURISDICTION . THE22
DEPARTMENT OF LOCAL AFFAIRS MAY GRANT A JURISDICTION AN23
ADDITIONAL ONE HUNDRED TWENTY DAYS TO CORRECT THE RELEVANT24
LOCAL LAWS AND RE-SUBMIT THEIR REPORT.25
(c) I
F THE DEPARTMENT OF LOCAL AFFAIRS REJECTS A SUBJECT26
JURISDICTION'S REPORT, THE MODEL CODE GOES INTO EFFECT27
SB23-213
-52- IMMEDIATELY FOR THE SUBJECT JURISDICTION UNTIL THE DEPARTMENT OF1
LOCAL AFFAIRS DETERMINES THAT THE SUBJECT JURISDICTION HAS2
ADOPTED LAWS THAT COMPLY WITH THE MINIMUM STANDARDS OR HAS3
ADOPTED THE MODEL CODE .4
29-33-207. Subject jurisdiction restrictions. (1) N
OTHING IN5
THIS PART 2 PREVENTS A LOCAL GOVERNMENT FROM :6
(a) R
EQUIRING PARKING SPACES IN ACCORDANCE WITH THE7
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.8
12101
ET SEQ., AS AMENDED;9
(b) I
MPOSING REQUIREMENTS ON THE SHORT -TERM RENTAL OF AN10
ACCESSORY DWELLING UNIT;11
(c) A
LLOWING THE CONSTRUCTION OF , OR ISSUING PERMITS FOR12
THE CONSTRUCTION OF, A SINGLE-UNIT DETACHED DWELLING IN AN AREA13
ZONED FOR SINGLE-UNIT DETACHED DWELLINGS ; OR14
(d) A
PPLYING THE STANDARDS IN A HISTORIC DISTRICT TO15
ACCESSORY DWELLING UNITS IN THAT HISTORIC DISTRICT .16
(2) N
OTHING IN THIS PART 2 REQUIRES A SUBJECT JURISDICTION TO17
PERMIT AN ACCESSORY DWELLING UNIT PROJECT AND A MIDDLE HOUSING18
PROJECT ON THE SAME PARCEL OR LOT .19
PART 320
MIDDLE HOUSING21
29-33-301. Legislative declaration. (1) (a) T
HE GENERAL22
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:23
(I) L
OCAL GOVERNMENT LAND USE DECISIONS OFTEN LIMIT MIDDLE24
HOUSING DEVELOPMENT ;25
(II) T
HE TEN LARGEST MUNICIPALITIES IN THE DENVER26
METROPOLITAN AREA ALLOW SINGLE -UNIT DETACHED DWELLINGS AS A27
SB23-213
-53- USE BY RIGHT ON OVER EIGHTY -FIVE PERCENT OF THEIR RESIDENTIAL1
LAND, COMPARED TO ALLOWING TOWNHOMES , DUPLEXES, TRIPLEXES, AND2
QUADPLEXES AS A USE BY RIGHT ON LESS THAN THIRTY -FIVE PERCENT OF3
THEIR RESIDENTIAL LAND, ACCORDING TO PUBLICLY AVAILABLE ZONING4
DATA;5
(III) L
OCAL LAND USE REGULATIONS INFLUENCE WHAT TYPES OF6
HOUSING ARE BUILT;7
(IV) B
ETWEEN 2000 AND 2019, OVER SEVENTY PERCENT OF HOMES8
BUILT IN COLORADO WERE SINGLE-UNIT DETACHED DWELLINGS , WHILE9
LESS THAN THREE PERCENT OF HOMES BUILT IN COLORADO DURING THAT10
TIME WERE DUPLEXES TO QUADPLEXES , ACCORDING TO THE AMERICAN11
C
OMMUNITY SURVEY;12
(V) H
OUSING SUPPLY IMPACTS HOUSING AFFORDABILITY ;13
(VI) H
OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING14
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A15
METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL16
B
UREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND17
H
OUSING SUPPLY", "THE IMPACT OF ZONING ON HOUSING18
A
FFORDABILITY", AND "THE IMPACT OF LOCAL RESIDENTIAL LAND USE19
R
ESTRICTIONS ON LAND VALUES ACROSS AND WITHIN SINGLE FAMILY20
H
OUSING MARKETS". INCREASING HOUSING SUPPLY MODERATES PRICE21
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL22
INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC23
I
MPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC24
P
ERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND25
A
FFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.26
(VII) M
IDDLE HOUSING IS TYPICALLY MORE AFFORDABLE THAN27
SB23-213
-54- SINGLE-UNIT DETACHED DWELLINGS , IN PART BECAUSE LAND COSTS ARE1
SHARED BETWEEN MORE HOUSEHOLDS ;2
(VIII) I
N 2019, COLORADO DUPLEXES COST ON AVERAGE3
FOURTEEN PERCENT LESS TO OWN AND TWENTY -SIX PERCENT LESS TO4
RENT THAN SINGLE-UNIT DETACHED DWELLINGS , AND TRIPLEXES AND5
QUADPLEXES COST THIRTY-ONE PERCENT LESS TO OWN AND TWENTY -NINE6
LESS TO RENT, ACCORDING TO THE AMERICAN COMMUNITY SURVEY ;7
(IX) M
IDDLE HOUSING OFFERS A WAY TO PROVIDE COMPACT8
RELATIVELY AFFORDABLE HOUSING IN ESTABLISHED NEIGHBORHOODS9
WITH MINIMAL INFRASTRUCTURE IMPACT AND SUPPLY NEW HOUSING10
WITHOUT ADDING NEW DISPERSED LOW DENSITY HOUSING ;11
(X) R
ELATIVE TO DISPERSED LOW DENSITY DEVELOPMENT ,12
COMPACT INFILL HOUSING DEVELOPMENT , INCLUDING MIDDLE HOUSING13
DEVELOPMENT, REDUCES WATER USE , GREENHOUSE GAS EMISSIONS ,14
INFRASTRUCTURE COSTS, AND HOUSEHOLD ENERGY AND TRANSPORTATION15
COSTS;16
(XI) M
IDDLE HOUSING USES SIGNIFICANTLY LESS ENERGY FOR17
HEATING AND COOLING PER UNIT THAN SINGLE -UNIT DETACHED18
DWELLINGS DUE TO MIDDLE HOUSING HAVING ATTACHED WALLS AND19
SMALLER UNIT SIZES, WHICH REDUCES HOUSEHOLD ENERGY COSTS AND20
GREENHOUSE GAS EMISSIONS; AND21
(XII) I
N COLORADO, COMPARED TO SINGLE -UNIT DETACHED22
DWELLINGS, HOUSEHOLD ENERGY DEMAND IS ON AVERAGE FORTY23
PERCENT LESS FOR TOWNHOMES , FORTY-FIVE PERCENT LESS FOR24
DUPLEXES, AND FIFTY-THREE PERCENT LESS FOR TRIPLEXES AND25
QUADPLEXES, ACCORDING TO THE NATIONAL RENEWABLE ENERGY26
L
ABORATORY RESSTOCK ANALYSIS TOOL.27
SB23-213
-55- (b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE1
INCREASED SUPPLY OF HOUSING THROUGH MIDDLE HOUSING IS A MATTER2
OF MIXED STATE AND LOCAL CONCERN .3
29-33-302. Definitions. A
S USED IN THIS PART 3, UNLESS THE4
CONTEXT OTHERWISE REQUIRES :5
(1) "M
INIMUM STANDARDS " MEANS THE MIDDLE HOUSING6
MINIMUM STANDARDS ESTABLISHED IN SECTION 29-33-305.7
(2) "M
ODEL CODE" MEANS THE MIDDLE HOUSING MODEL CODE8
PROMULGATED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF9
LOCAL AFFAIRS PURSUANT TO SECTION 29-33-304.10
(3) "S
UBJECT JURISDICTION" MEANS A RURAL RESORT JOB CENTER11
MUNICIPALITY OR A TIER ONE URBAN MUNICIPALITY .12
29-33-303. Applicability - exemptions. (1) T
HE REQUIREMENTS13
OF THIS PART 3 ONLY APPLY IN A RURAL RESORT JOB CENTER14
MUNICIPALITY OR A TIER ONE URBAN MUNICIPALITY .15
(2) U
NLESS A SUBJECT JURISDICTION DECIDES OTHERWISE , LOCAL16
LAWS ADOPTED PURSUANT TO THIS PART 3 ONLY APPLY TO PARCELS THAT17
ARE NOT STANDARD EXEMPT PARCELS .18
29-33-304. Model code. (1) (a) N
O LATER THAN JUNE 30, 2024,19
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL20
PROMULGATE A MIDDLE HOUSING MODEL CODE .21
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL PROVIDE22
RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT23
OF LOCAL AFFAIRS ON THE MIDDLE HOUSING MODEL CODE .24
(2) I
N DEVELOPING RECOMMENDATIONS TO PROVIDE TO THE25
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ON THE26
MIDDLE HOUSING MODEL CODE , THE MULTI-AGENCY ADVISORY27
SB23-213
-56- COMMITTEE SHALL:1
(a) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC2
MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO3
COMMENT ON THE MODEL CODE ;4
(b) A
LLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE5
MODEL CODE;6
(c) C
ONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL7
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ; AND8
(d) C
ONSULT WITH EXPERTS IN DISABILITY RIGHTS, AFFORDABLE9
HOUSING, FAIR HOUSING, PLANNING, ZONING, AND RELATED FIELDS.10
(3) T
HE MODEL CODE MUST, AT A MINIMUM, ESTABLISH OBJECTIVE11
STANDARDS FOR ALL THE ELEMENTS IN THE MINIMUM STANDARDS FOR12
MIDDLE HOUSING TO BE ALLOWED AS A USE BY RIGHT IN ANY PART OF THE13
SUBJECT JURISDICTION WHERE THE SUBJECT JURISDICTION ALLOWS14
SINGLE-UNIT DETACHED DWELLINGS AS A USE BY RIGHT AS OF JANUARY15
1,
2023.16
(4) T
HE MODEL CODE MUST NOT INCLUDE A REQUIREMENT FOR17
NEW OFF-STREET PARKING IN CONNECTION WITH THE CONSTRUCTION OR18
PERMITTING OF MIDDLE HOUSING.19
29-33-305. Minimum standards. (1) (a) N
OTWITHSTANDING20
ANY LOCAL LAW TO THE CONTRARY , A TIER ONE URBAN MUNICIPALITY21
THAT DOES NOT ADOPT THE MODEL CODE SHALL ALLOW MIDDLE HOUSING22
AS A USE BY RIGHT IN ANY PART OF THE MUNICIPALITY 'S JURISDICTION23
WHERE THE MUNICIPALITY ALLOWS SINGLE -UNIT DETACHED DWELLINGS24
AS A USE BY RIGHT AS OF JANUARY 1, 2023.25
(b) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A26
RURAL RESORT JOB CENTER THAT DOES NOT ADOPT THE MODEL CODE27
SB23-213
-57- SHALL ALLOW MIDDLE HOUSING AS A USE BY RIGHT IN ANY PART OF THE1
RURAL RESORT JOB CENTER 'S JURISDICTION THAT THE RURAL RESORT2
REGION'S HOUSING NEEDS PLANNING PROCESS DESIGNATED FOR MIDDLE3
HOUSING.4
(c) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A5
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL :6
(I) O
NLY ADOPT OR ENFORCE LOCAL LAWS CONCERNING MIDDLE7
HOUSING THAT USE OBJECTIVE STANDARDS AND PROCEDURES ;8
(II) A
LLOW ADDITIONS TO, OR THE CONVERSION OF, AN EXISTING9
SINGLE-UNIT DETACHED DWELLING TO CREATE MIDDLE HOUSING SO LONG10
AS THE ADDITION OR CONVERSION DOES NOT INCREASE NONCONFORMANCE11
WITH APPLICABLE OBJECTIVE STANDARDS , UNLESS LOCAL LAWS ALLOW12
FOR SUCH AN INCREASE IN NONCONFORMANCE ;13
(III) A
LLOW PROPERTIES ON WHICH MIDDLE HOUSING IS ALLOWED14
TO BE SUBDIVIDED USING OBJECTIVE STANDARDS AND PROCEDURES ; AND15
(IV) I
F THE SUBJECT JURISDICTION APPLIES DESIGN STANDARDS TO16
MIDDLE HOUSING, APPLY THE SAME DESIGN STANDARDS TO MIDDLE17
HOUSING THAT THE SUBJECT JURISDICTION APPLIES TO A SINGLE -UNIT18
DETACHED DWELLING IN THE SAME ZONING DISTRICT .19
(2) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A20
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL21
NOT:22
(a) A
DOPT, ENACT, OR ENFORCE LOCAL LAWS CONCERNING MIDDLE23
HOUSING LAND USE THAT ARE MORE RESTRICTIVE THAN LOCAL LAWS24
CONCERNING SINGLE-UNIT DETACHED DWELLING LAND USE IN THE SAME25
ZONING DISTRICT OR ANY OTHER TYPE OF DISTRICT THAT REGULATES LAND26
USE, UNLESS REQUIRED BY THE MINIMUM STANDARDS OR MODEL CODE ;27
SB23-213
-58- (b) ADOPT, ENACT, OR ENFORCE LOCAL LAWS THAT INDIVIDUALLY1
OR CUMULATIVELY CREATE UNREASONABLE COSTS OR DELAYS , OR THAT2
MAKE THE PERMITTING, SITING, OR CONSTRUCTION OF MIDDLE HOUSING ON3
AN ELIGIBLE PROPERTY INFEASIBLE;4
(c) A
PPLY MINIMUM SETBACK, LOT WIDTHS, LOT DEPTH, OR LOT5
SIZE STANDARDS TO MIDDLE HOUSING THAT ARE MORE RESTRICTIVE THAN6
THE STANDARDS THAT THE SUBJECT JURISDICTION WOULD APPLY TO7
SINGLE-UNIT DETACHED DWELLINGS ON THE SAME PROPERTY ;8
(d) A
PPLY LOWER MAXIMUM HEIGHT STANDARDS TO MIDDLE9
HOUSING THAN THE SUBJECT JURISDICTION WOULD APPLY TO SINGLE -UNIT10
DETACHED DWELLINGS ON THE SAME PROPERTY ;11
(e) A
PPLY LIMITS ON THE SCALE OF MIDDLE HOUSING BUILDINGS12
THROUGH FLOOR AREA RATIOS , LOT OR BUILDING COVERAGE, OR OTHER13
SIMILAR STANDARDS THAT INDIVIDUALLY OR COLLECTIVELY WOULD14
RESTRICT A MIDDLE HOUSING PROJECT TO LESS THAN ONE HUNDRED15
TWENTY-FIVE PERCENT OF THE BUILDING AREA OF A SINGLE -UNIT16
DETACHED DWELLING ON THE SAME LOT ;17
(f) I
MPOSE A RESTRICTION ON THE FOOTPRINT OR SIZE OF A MIDDLE18
HOUSING PROJECT IN A HISTORIC DISTRICT OR ON A HISTORIC PROPERTY19
THAT IS MORE RESTRICTIVE THAN A FOOTPRINT OR SIZE RESTRICTION THAT20
THE SUBJECT JURISDICTION WOULD IMPOSE ON A SINGLE -UNIT DETACHED21
DWELLING IN THE SAME HISTORIC DISTRICT OR ON THE SAME HISTORIC22
PROPERTY;23
(g) A
MEND, DEVELOP, OR INTERPRET A LOCAL LAW APPLICABLE TO24
MIDDLE HOUSING IN A MANNER THAT INTERFERES WITH THE INTENT OF25
THIS PART 3; OR26
(h) R
EQUIRE NEW OFF-STREET PARKING IN CONNECTION WITH THE27
SB23-213
-59- CONSTRUCTION OR PERMITTING OF MIDDLE HOUSING .1
(3) T
HE DEPARTMENT OF LOCAL AFFAIRS MAY PROMULGATE RULES2
AS IT DEEMS NECESSARY TO UPDATE THE MINIMUM STANDARDS OR MODEL3
CODE, UTILIZING A PUBLIC HEARING AND COMMENT PROCESS .4
29-33-306. Adoption of model codes - satisfaction of minimum5
standards. (1) (a) N
O LATER THAN DECEMBER 31, 2024, A TIER ONE6
URBAN MUNICIPALITY SHALL EITHER :7
(I) A
DOPT LOCAL LAWS CONCERNING MIDDLE HOUSING THAT8
SATISFY THE MINIMUM STANDARDS ; OR9
(II) A
DOPT THE MODEL CODE.10
(b) I
F A TIER ONE URBAN MUNICIPALITY DOES NOT SATISFY THE11
REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION BEFORE JUNE 30,12
2025,
THE MODEL CODE GOES INTO EFFECT IMMEDIATELY FOR APPLICABLE13
PARCELS, AS SPECIFIED IN SECTION 29-33-303, IN THE URBAN14
MUNICIPALITY AND REMAINS IN EFFECT UNTIL THE DEPARTMENT OF LOCAL15
AFFAIRS DETERMINES THAT THE URBAN MUNICIPALITY HAS ADOPTED LAWS16
THAT COMPLY WITH THE MINIMUM STANDARDS .17
(2) (a) N
O LATER THAN DECEMBER 31, 2026, A RURAL RESORT JOB18
CENTER MUNICIPALITY SHALL EITHER :19
(I) A
DOPT LOCAL LAWS CONCERNING MIDDLE HOUSING THAT20
SATISFY THE MINIMUM STANDARDS ; OR21
(II) A
DOPT THE MODEL CODE.22
(b) I
F A RURAL RESORT JOB CENTER MUNICIPALITY DOES NOT23
SATISFY THE REQUIREMENTS OF SUBSECTION (2)(a) OF THIS SECTION24
BEFORE JUNE 30, 2027, THE MODEL CODE GOES INTO EFFECT IMMEDIATELY25
FOR APPLICABLE PARCELS, AS SPECIFIED IN SECTION 29-33-303, IN THE26
RURAL RESORT JOB CENTER MUNICIPALITY AND REMAINS IN EFFECT UNTIL27
SB23-213
-60- THE RURAL RESORT JOB CENTER MUNICIPALITY JURISDICTION HAS1
ADOPTED LAWS THAT COMPLY WITH THE MINIMUM STANDARDS .2
(3) I
F A SUBJECT JURISDICTION ADOPTS THE MODEL CODE , OR THE3
MODEL CODE IS OTHERWISE IN EFFECT , FOR A SUBJECT JURISDICTION4
PURSUANT TO EITHER SUBSECTION (1)(b) OR (2)(b) OF THIS SECTION, THE5
SUBJECT JURISDICTION SHALL:6
(a) U
SE OBJECTIVE PROCEDURES TO DETERMINE WHETHER A7
PROJECT SATISFIES THE MODEL CODE AND , IF THE SUBJECT JURISDICTION8
DETERMINES THAT THE PROJECT SATISFIES THE MODEL CODE , THE SUBJECT9
JURISDICTION SHALL APPROVE THE MIDDLE HOUSING PROJECT ; AND10
(b) N
OT ADOPT, ENACT, OR ENFORCE ANY LOCAL LAWS THAT11
CONTRAVENE THE MODEL CODE .12
(4) (a) N
O LATER THAN JUNE 30, 2024, A SUBJECT JURISDICTION13
MAY SUBMIT AN APPLICATION TO THE DEPARTMENT OF LOCAL AFFAIRS , IN14
A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL15
AFFAIRS, FOR AN EXTENSION OF THE RELEVANT REQUIREMENTS IN16
SUBSECTION (1) OR (2) OF THIS SECTION.17
(b) T
HE APPLICATION MUST INCLUDE A DEMONSTRATION BY THE18
SUBJECT JURISDICTION THAT:19
(I) T
HE SUBJECT JURISDICTION'S WATER, SEWER, OR STORMWATER20
SERVICES ARE CURRENTLY DEFICIENT IN SPECIFIC AREAS , OR ARE21
EXPECTED TO BECOME DEFICIENT IN THE NEXT FIVE YEARS ;22
(II) T
HE SUBJECT JURISDICTION HAS ESTABLISHED A PLAN OF23
ACTION TO REMEDY THE DEFICIENT WATER , SEWER, OR STORMWATER24
SERVICES IN THE SPECIFIC AREAS IDENTIFIED IN SUBSECTION (4)(b)(I) OF25
THIS SECTION ON A SPECIFIC TIMELINE; AND26
(III) T
HE SUBJECT JURISDICTION IS UNABLE TO SERVE LESS WATER27
SB23-213
-61- EFFICIENT HOUSING TYPES THAN THOSE REQUIRED BY THIS PART 3.1
(c) T
HE DEPARTMENT OF LOCAL AFFAIRS MAY ADOPT RULES OR2
PROMULGATE GUIDANCE AS NECESSARY TO IMPLEMENT THIS SUBSECTION3
(4).4
(5) (a) (I) N
O LATER THAN DECEMBER 31, 2024, A TIER ONE URBAN5
MUNICIPALITY SHALL SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS , IN6
A FORM AND M ANNER DETERMINED BY THE DEPARTMENT OF LOCAL7
AFFAIRS, A REPORT DEMONSTRATING EVIDENCE OF COMPLIANCE WITH8
EITHER THE MODEL CODE OR MINIMUM STANDARDS .9
(II) N
O LATER THAN DECEMBER 31, 2026, A RURAL RESORT JOB10
CENTER MUNICIPALITY SHALL SUBMIT TO THE DEPARTMENT OF LOCAL11
AFFAIRS, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF12
LOCAL AFFAIRS, A REPORT DEMONSTRATING EVIDENCE OF COMPLIANCE13
WITH EITHER THE MODEL CODE OR MINIMUM STANDARDS .14
(b) W
ITHIN NINETY DAYS OF RECEIVING A REPORT DESCRIBED IN15
SUBSECTION (5)(a) OF THIS SECTION , THE DEPARTMENT OF LOCAL AFFAIRS16
SHALL REVIEW AND APPROVE THE SUBMITTED REPORT OR REJECT THE17
REPORT AND PROVIDE FEEDBACK TO THE SUBJECT JURISDICTION . THE18
DEPARTMENT OF LOCAL AFFAIRS MAY GRANT A JURISDICTION AN19
ADDITIONAL ONE HUNDRED TWENTY DAYS TO CORRECT THE RELEVANT20
LOCAL LAWS AND RESUBMIT THEIR REPORT .21
(c) I
F THE DEPARTMENT OF LOCAL AFFAIRS REJECTS A SUBJECT22
JURISDICTION'S REPORT, THE MODEL CODE GOES INTO EFFECT23
IMMEDIATELY FOR THE SUBJECT JURISDICTION UNTIL THE DEPARTMENT OF24
LOCAL AFFAIRS DETERMINES THAT THE SUBJECT JURISDICTION HAS25
ADOPTED LAWS THAT COMPLY WITH THE MINIMUM STANDARDS OR HAS26
ADOPTED THE MODEL CODE .27
SB23-213
-62- 29-33-307. Subject jurisdiction restrictions. (1) N OTHING IN1
THIS PART 3 PREVENTS A SUBJECT JURISDICTION FROM:2
(a) R
EQUIRING PARKING SPACES IN ACCORDANCE WITH THE3
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.4
12101
ET SEQ., AS AMENDED;5
(b) A
PPLYING A LOCAL INCLUSIONARY ZONING ORDINANCE TO6
MIDDLE HOUSING SO LONG AS THE STANDARDS OF THE ORDINANCE DO NOT7
RENDER THE DEVELOPMENT OF MIDDLE HOUSING FINANCIALLY8
INFEASIBLE;9
(c) I
MPOSING REQUIREMENTS ON THE SHORT -TERM RENTAL OF10
MIDDLE HOUSING;11
(d) A
LLOWING SINGLE-UNIT DETACHED DWELLINGS IN AN AREA12
ZONED FOR SINGLE-UNIT DETACHED DWELLINGS ; OR13
(e) A
PPLYING THE STANDARDS IN A HISTORIC DISTRICT TO MIDDLE14
HOUSING IN THAT HISTORIC DISTRICT.15
(2) N
OTHING IN THIS PART 3 REQUIRES A SUBJECT JURISDICTION TO16
PERMIT AN ACCESSORY DWELLING UNIT PROJECT AND A MIDDLE HOUSING17
PROJECT ON THE SAME PARCEL OR LOT .18
PART 419
TRANSIT-ORIENTED AREAS20
29-33-401. Legislative declaration. (1) (a) T
HE GENERAL21
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:22
(I) L
OCAL GOVERNMENT LAND USE DECISIONS CAN LIMIT DENSER23
MULTIFAMILY HOUSING DEVELOPMENT NEAR HIGH CAPACITY TRANSIT ;24
(II) H
OUSING SUPPLY IMPACTS HOUSING AFFORDABILITY ;25
(III) H
OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING26
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A27
SB23-213
-63- METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL1
B
UREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND2
H
OUSING SUPPLY", "THE IMPACT OF ZONING ON HOUSING3
A
FFORDABILITY", AND "THE IMPACT OF LOCAL RESIDENTIAL LAND USE4
R
ESTRICTIONS ON LAND VALUES ACROSS AND WITHIN SINGLE FAMILY5
H
OUSING MARKETS". INCREASING HOUSING SUPPLY MODERATES PRICE6
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL7
INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC8
I
MPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC9
P
ERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND10
A
FFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.11
(IV) M
ULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE12
THAN SINGLE-UNIT DETACHED DWELLINGS , AND LIVING NEAR HIGH13
CAPACITY TRANSIT ENABLES HOUSEHOLDS TO SAVE ON TRANSPORTATION14
COSTS BY OWNING FEWER VEHICLES ;15
(V) I
N 2019, COLORADO MULTIFAMILY UNITS COST BETWEEN16
FOURTEEN AND FORTY-THREE PERCENT LESS TO OWN, AND BETWEEN NINE17
PERCENT AND EIGHTEEN PERCENT LESS TO RENT DEPENDING ON THE SIZE18
OF THE BUILDING COMPARED TO SINGLE -UNIT DETACHED DWELLINGS ,19
ACCORDING TO THE AMERICAN COMMUNITY SURVEY ;20
(VI) M
EETING HOUSING DEMAND THROUGH COMPACT INFILL21
DEVELOPMENT DECREASES THE NEED FOR NEW DISPERSED LOW -DENSITY22
HOUSING;23
(VII) R
ELATIVE TO DISPERSED LOW -DENSITY DEVELOPMENT ,24
COMPACT INFILL HOUSING DEVELOPMENT , INCLUDING MULTIFAMILY25
HOUSING IN TRANSIT-ORIENTED AREAS DEVELOPMENT , REDUCES WATER26
USE, GREENHOUSE GAS EMISSIONS , AND HOUSEHOLD ENERGY AND27
SB23-213
-64- TRANSPORTATION COSTS;1
(VIII) H
OUSING WITH ACCESS TO HIGH CAPACITY TRANSIT ALLOWS2
RESIDENTS TO TRAVEL TO WORK AND SERVICES WITHOUT DRIVING OR3
WHILE DRIVING LESS, WHICH REDUCES HOUSEHOLD TRANSPORTATION4
COSTS, GREENHOUSE GAS EMISSIONS, AND AIR POLLUTION;5
(IX) A
NALYSES OF TRANSIT-ORIENTED DEVELOPMENTS HAVE6
FOUND THAT RESIDENTS TAKE AN AVERAGE OF FORTY -FOUR PERCENT7
FEWER VEHICLE TRIPS, ACCORDING TO THE ARTICLE "VEHICLE TRIP8
R
EDUCTION IMPACTS OF TRANSIT-ORIENTED HOUSING", IN THE JOURNAL9
OF PUBLIC TRANSPORTATION;10
(X) M
ULTIFAMILY HOUSING USES SIGNIFICANTLY LESS ENERGY11
FOR HEATING AND COOLING PER UNIT THAN SINGLE -UNIT DETACHED12
DWELLINGS DUE TO THE ATTACHED WALLS AND SMALLER SIZE OF13
MULTIFAMILY HOUSING, WHICH REDUCES HOUSEHOLD ENERGY COSTS AND14
GREENHOUSE GAS EMISSIONS; AND15
(XI) I
N COLORADO, HOUSEHOLD ENERGY DEMAND ON AVERAGE16
IS SEVENTY PERCENT LESS FOR MULTIFAMILY HOUSING COMPARED TO17
SINGLE-UNIT DETACHED DWELLINGS , ACCORDING TO THE NATIONAL18
RENEWABLE ENERGY LABORATORY .19
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE20
INCREASED SUPPLY OF HOUSING IN TRANSIT-ORIENTED AREAS IS A MATTER21
OF MIXED STATEWIDE AND LOCAL CONCERN .22
29-33-402. Definitions. A
S USED IN THIS PART 4, UNLESS THE23
CONTEXT OTHERWISE REQUIRES :24
(1) "M
INIMUM STANDARDS" MEANS THE MINIMUM STANDARDS FOR25
TRANSIT-ORIENTED AREAS ESTABLISHED IN SECTION 29-33-405.26
(2) "M
IXED-INCOME MULTIFAMILY HOUSING" MEANS MULTIFAMILY27
SB23-213
-65- HOUSING IN WHICH AT LEAST TEN PERCENT OF THE HOUSING UNITS ARE SET1
ASIDE FOR HOUSEHOLDS THAT EARN NO MORE THAN EIGHTY PERCENT OF2
THE AREA MEDIAN INCOME. FOR PURPOSES OF DEFINING "MIXED-INCOME3
MULTIFAMILY HOUSING ", A SUBJECT JURISDICTION WITH A LOCAL4
INCLUSIONARY ZONING ORDINANCE THAT APPLIES IN A TRANSIT -ORIENTED5
AREA MAY APPLY A DIFFERENT AREA MEDIAN INCOME THRESHOLD AND A6
DIFFERENT REQUIREMENT FOR THE PERCENTAGE OF UNITS THAT MUST BE7
SET ASIDE FOR HOUSEHOLDS BELOW THAT AREA MEDIAN INCOME .8
(3) "M
ODEL CODE" MEANS THE MODEL CODE FOR9
TRANSIT-ORIENTED AREAS PROMULGATED BY THE DEPARTMENT OF LOCAL10
AFFAIRS PURSUANT TO SECTION 29-33-404.11
(4) "S
UBJECT JURISDICTION" MEANS A TIER ONE URBAN12
MUNICIPALITY THAT CONTAINS A TRANSIT -ORIENTED AREA.13
29-33-403. Applicability in transit-oriented areas -14
exemptions. (1) T
HE REQUIREMENTS OF THIS PART 4 ONLY APPLY IN A15
TRANSIT-ORIENTED AREA WITHIN A TIER ONE URBAN MUNICIPALITY .16
(2) U
NLESS A SUBJECT JURISDICTION DECIDES OTHERWISE , LOCAL17
LAWS ADOPTED PURSUANT TO THIS PART 4 ONLY APPLY TO PARCELS THAT18
ARE NOT:19
(a) A
STANDARD EXEMPT PARCEL ;20
(b) P
ART OF A PARCEL THAT INCLUDES LAND THAT IS A PARK AND21
OPEN SPACE, AS DEFINED IN SECTION 29-7.5-103 (2); OR22
(c) A
PARCEL THAT IS SUBJECT TO A CONSERVATION EASEMENT .23
29-33-404. Model code. (1) (a) N
O LATER THAN JUNE 30, 2024,24
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL25
PROMULGATE A TRANSIT-ORIENTED AREA MODEL CODE .26
(b) T
HE MULTI-AGENCY ADVISORY CO MMITTEE SHALL PROVIDE27
SB23-213
-66- RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT1
OF LOCAL AFFAIRS ON THE TRANSIT-ORIENTED AREA MODEL CODE .2
(2) I
N DEVELOPING RECOMMENDATIONS TO PROVIDE TO THE3
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ON THE4
TRANSIT-ORIENTED AREA MODEL CODE , THE MULTI-AGENCY ADVISORY5
COMMITTEE SHALL:6
(a) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC7
MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO8
COMMENT ON THE MODEL CODE ;9
(b) A
LLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE10
MODEL CODE;11
(c) C
ONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL12
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ; AND13
(d) C
ONSULT WITH EXPERTS IN DISABILITY RIGHTS, AFFORDABLE14
HOUSING, FAIR HOUSING, PLANNING, ZONING, AND RELATED FIELDS.15
(3) A
T A MINIMUM, THE MODEL CODE MUST INCLUDE :16
(a) A
REQUIREMENT THAT SUBJECT JURISDICTIONS MAY NOT17
REQUIRE NEW OFF-STREET PARKING WITHIN TRANSIT-ORIENTED AREAS FOR18
ANY USES IN CONJUNCTION WITH EITHER A MULTIFAMILY RESIDENTIAL19
DEVELOPMENT OR MIXED-INCOME MULTIFAMILY HOUSING DEVELOPMENT20
PERMIT;21
(b) A
MINIMUM RESIDENTIAL DENSITY LIMIT FOR MULTIFAMILY22
RESIDENTIAL HOUSING OF AT LEAST FORTY UNITS PER ACRE NET DENSITY23
THAT A SUBJECT JURISDICTION SHALL ALLOW AS A USE BY RIGHT IN24
TRANSIT-ORIENTED AREAS; AND25
(c) A
MINIMUM RESIDENTIAL DENSITY LIMIT FOR MIXED -INCOME26
MULTIFAMILY HOUSING OF AT LEAST SIXTY UNITS PER ACRE NET DENSITY27
SB23-213
-67- THAT A SUBJECT JURISDICTION SHALL ALLOW AS A USE BY RIGHT IN1
TRANSIT-ORIENTED AREAS. AFFORDABLE UNITS WITHIN MIXED -INCOME2
MULTIFAMILY RESIDENTIAL HOUSING MUST BE OF A SIMILAR SIZE AS THE3
OTHER UNITS IN THE DEVELOPMENT .4
(4) N
OTHING IN THE MODEL CODE SHALL PREVENT A SUBJECT5
JURISDICTION FROM UTILIZING SET ASIDE PERCENTAGE AND AREA MEDIAN6
INCOME LEVEL REQUIREMENTS AS SPECIFIED IN THEIR LOCAL LAWS ,7
RATHER THAN AS SPECIFIED IN THE MODEL CODE , SO LONG AS:8
(a) T
HE SUBJECT JURISDICTION HAS ADOPTED AN INCLUSIONARY9
ZONING ORDINANCE THAT APPLIES WITHIN TRANSIT-ORIENTED AREAS; AND10
(b) T
HE INCLUSIONARY ZONING ORDINANCE DOES NOT RENDER THE11
DEVELOPMENT OF MULTIFAMILY RESIDENTIAL HOUSING IN12
TRANSIT-ORIENTED AREAS FINANCIALLY INFEASIBLE .13
29-33-405. Minimum standards. (1) (a) N
OTWITHSTANDING14
ANY LOCAL LAW TO THE CONTRARY , A SUBJECT JURISDICTION THAT DOES15
NOT ADOPT THE MODEL CODE SHALL CREATE A ZONING DISTRICT WITHIN16
TRANSIT-ORIENTED AREAS IN WHICH MULTIFAMILY HOUSING IS ALLOWED17
AS A USE BY RIGHT AND A MINIMUM GROSS DENSITY OF FORTY UNITS OF18
MULTIFAMILY HOUSING PER ACRE IS ALLOWED . SUBJECT JURISDICTIONS19
MAY ESTABLISH DISTRICTS WITHIN THESE ZONING DISTRICTS THAT ALLOW20
A DIFFERENT DENSITY OF MULTIFAMILY HOUSING DEVELOPMENT SO LONG21
AS EACH DISTRICT ALLOWS A GROSS DENSITY OF MULTIFAMILY HOUSING22
OF AT LEAST FORTY UNITS PER ACRE . THE ZONING DISTRICTS MUST23
INCLUDE ALL ELIGIBLE PARCELS IN THE SUBJECT JURISDICTION .24
(b) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A25
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE MAY26
MEET THE GROSS DENSITY ESTABLISHED IN THE MINIMUM STANDARDS BY27
SB23-213
-68- ADOPTING LOCAL LAWS APPLICABLE TO A DISTRICT COVERING AREAS1
OUTSIDE OF TRANSIT-ORIENTED AREAS SO LONG AS THE DISTRICT IS AT2
LEAST THE SAME SIZE AS THE ELIGIBLE PARCELS IN THE TRANSIT-ORIENTED3
AREAS, IF EITHER:4
(I) S
IGNIFICANT DEVELOPMENT CONSTRAINTS EXIST ; OR5
(II) T
HE SUBJECT JURISDICTION HAS ESTABLISHED PLANNING6
AREAS FOR TRANSIT-COMPATIBLE USE IN ADJACENT AREAS .7
(2) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A8
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL9
NOT:10
(a) A
PPLY LOCAL LAWS THAT INDIVIDUALLY OR CUMULATIVELY11
CREATE UNREASONABLE COSTS OR DELAYS , OR THAT MAKE THE12
PERMITTING, SITING, OR CONSTRUCTION OF MULTIFAMILY HOUSING IN A13
TRANSIT-ORIENTED AREA INFEASIBLE;14
(b) A
DOPT LOCAL LAWS THAT INDIVIDUALLY OR CUMULATIVELY15
MAKE SATISFYING THE MINIMUM RESIDENTIAL DENSITY LIMITS16
INFEASIBLE; OR17
(c) R
EQUIRE NEW OFF-STREET PARKING WITHIN TRANSIT-ORIENTED18
AREAS FOR ANY USES IN CONJUNCTION WITH A MULTIFAMILY HOUSING19
DEVELOPMENT PERMIT.20
(3) T
HE DEPARTMENT OF LOCAL AFFAIRS MAY PROMULGATE RULES21
AS IT DEEMS NECESSARY TO UPDATE THE MINIMUM STANDARDS OR MODEL22
CODE, UTILIZING A PUBLIC HEARING AND COMMENT PROCESS .23
29-33-406. Adoption of model code - satisfaction of minimum24
standards. (1) (a) N
O LATER THAN DECEMBER 31, 2024, A SUBJECT25
JURISDICTION SHALL EITHER:26
(I) A
DOPT LOCAL LAWS CONCERNING TRANSIT -ORIENTED AREAS27
SB23-213
-69- THAT SATISFY THE MINIMUM STANDARDS ; OR1
(II) A
DOPT THE MODEL CODE.2
(2) I
F A SUBJECT JURISDICTION DOES NOT SATISFY THE3
REQUIREMENTS OF SUBSECTION (1)(a) OF THIS SECTION BEFORE JUNE 30,4
2025,
THE MODEL CODE GOES INTO EFFECT IMMEDIATELY FOR THE5
APPLICABLE PARCELS, AS SPECIFIED IN SECTION 29-33-403, IN THE SUBJECT6
JURISDICTION, UNTIL THE SUBJECT JURISDICTION SUBMITS LOCAL LAWS7
THAT COMPLY WITH THE MINIMUM STANDARDS TO THE DEPARTMENT OF8
LOCAL AFFAIRS.9
(3) I
F A SUBJECT JURISDICTION ADOPTS THE MODEL CODE , OR THE10
MODEL CODE IS OTHERWISE IN EFFECT , FOR A SUBJECT JURISDICTION11
PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE SUBJECT12
JURISDICTION SHALL:13
(a) U
SE OBJECTIVE PROCEDURES TO DETERMINE WHETHER A14
PROJECT SATISFIES THE MODEL CODE AND , IF THE SUBJECT JURISDICTION15
DETERMINES THAT THE PROJECT SATISFIES THE MODEL CODE , THE SUBJECT16
JURISDICTION SHALL APPROVE THE PROJECT ; AND17
(b) N
OT ADOPT, ENACT, OR ENFORCE ANY LOCAL LAWS THAT18
CONTRAVENE THE MODEL CODE .19
(4) (a) N
O LATER THAN JUNE 30, 2024, A SUBJECT JURISDICTION20
MAY SUBMIT AN APPLICATION TO THE DEPARTMENT OF LOCAL AFFAIRS , IN21
A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL22
AFFAIRS, FOR AN EXTENSION OF THE RELEVANT REQUIREMENTS IN23
SUBSECTION (1) OR (2) OF THIS SECTION.24
(b) T
HE APPLICATION MUST INCLUDE A DEMONSTRATION BY THE25
SUBJECT JURISDICTION THAT:26
(I) T
HE SUBJECT JURISDICTION'S WATER, SEWER, OR STORMWATER27
SB23-213
-70- SERVICES ARE CURRENTLY DEFICIENT IN SPECIFIC AREAS OR ARE EXPECTED1
TO BECOME DEFICIENT IN THE NEXT FIVE YEARS ;2
(II) T
HE SUBJECT JURISDICTION HAS ESTABLISHED A PLAN OF3
ACTION TO REMEDY THE DEFICIENT WATER , SEWER, OR STORMWATER4
SERVICES IN THE SPECIFIC AREAS IDENTIFIED IN SUBSECTION (4)(b)(I) OF5
THIS SECTION ON A SPECIFIC TIMELINE; AND6
(III) T
HE SUBJECT JURISDICTION IS UNABLE TO SERVE LESS WATER7
EFFICIENT HOUSING TYPES THAN THOSE REQUIRED BY THIS PART 4.8
(c) T
HE DEPARTMENT OF LOCAL AFFAIRS MAY ADOPT RULES OR9
PROMULGATE GUIDANCE AS NECESSARY TO IMPLEMENT THIS SUBSECTION10
(4).11
(5) (a) N
O LATER THAN DECEMBER 31, 2024, A SUBJECT12
JURISDICTION SHALL SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS , IN13
A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL14
AFFAIRS, A REPORT CONCERNING THE IMPLEMENTATION OF THE MODEL15
CODE OR LOCAL LAWS THAT COMPLY WITH THE MINIMUM STANDARDS .16
(b) W
ITHIN NINETY DAYS OF RECEIVING A REPORT DESCRIBED IN17
SUBSECTION (5)(a) OF THIS SECTION, THE DEPARTMENT OF LOCAL AFFAIRS18
SHALL REVIEW AND APPROVE THE SUBMITTED REPORT OR REJECT THE19
REPORT AND PROVIDE FEEDBACK TO THE SUBJECT JURISDICTION . THE20
DEPARTMENT OF LOCAL AFFAIRS MAY GRANT A JURISDICTION AN21
ADDITIONAL ONE HUNDRED TWENTY DAYS TO CORRECT THE RELEVANT22
LOCAL LAWS AND RESUBMIT ITS REPORT .23
(c) I
F THE DEPARTMENT OF LOCAL AFFAIRS REJECTS A SUBJECT24
JURISDICTION'S REPORT, THE MODEL CODE GOES INTO EFFECT25
IMMEDIATELY FOR THE SUBJECT JURISDICTION UNTIL THE DEPARTMENT OF26
LOCAL AFFAIRS DETERMINES THAT THE SUBJECT JURISDICTION HAS27
SB23-213
-71- ADOPTED LAWS THAT COMPLY WITH THE MINIMUM STANDARDS OR HAS1
ADOPTED THE MODEL CODE .2
29-33-407. Subject jurisdiction restrictions. (1) N
OTHING IN3
THIS PART 4, IN THE MODEL CODE, OR IN THE MINIMUM STANDARDS4
PREVENTS A LOCAL GOVERNMENT FROM :5
(a) R
EQUIRING PARKING SPACES IN ACCORDANCE WITH THE6
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.7
12101
ET SEQ., AS AMENDED;8
(b) A
PPLYING A LOCAL INCLUSIONARY ZONING ORDINANCE TO9
MULTIFAMILY HOUSING IN TRANSIT -ORIENTED AREAS SO LONG AS THE10
STANDARDS OF THE ORDINANCE DO NOT RENDER THE DEVELOPMENT OF11
MULTIFAMILY HOUSING FINANCIALLY INFEASIBLE ;12
(c) I
MPOSING REQUIREMENTS ON THE SHORT -TERM RENTAL OF13
HOUSING IN TRANSIT-ORIENTED AREAS;14
(d) P
ERMITTING MIXED -USE DEVELOPMENT IN A15
TRANSIT-ORIENTED AREA;16
(e) A
LLOWING COMMERCIAL ONLY DEVELOPMENTS IN A17
TRANSIT-ORIENTED AREA; OR18
(f) A
PPLYING THE STANDARDS IN A HISTORIC DISTRICT TO HOUSING19
IN A TRANSIT-ORIENTED AREA IN THAT HISTORIC DISTRICT.20
PART 521
KEY CORRIDORS22
29-33-501. Legislative declaration. (1) (a) T
HE GENERAL23
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:24
(I) L
OCAL GOVERNMENT LAND USE DECISIONS CAN LIMIT DENSER25
MULTIFAMILY HOUSING DEVELOPMENT NEAR FREQUENT TRANSIT AND IN26
COMMERCIAL AND INSTITUTIONAL AREAS ;27
SB23-213
-72- (II) HOUSING SUPPLY IMPACTS HOUSING AFFORDABILITY ;1
(III) H
OUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING2
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A3
METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL4
B
UREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND5
H
OUSING SUPPLY", "THE IMPACT OF ZONING ON HOUSING6
A
FFORDABILITY", AND "THE IMPACT OF LOCAL RESIDENTIAL LAND USE7
R
ESTRICTIONS ON LAND VALUES ACROSS AND WITHIN SINGLE FAMILY8
H
OUSING MARKETS". INCREASING HOUSING SUPPLY MODERATES PRICE9
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL10
INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC11
I
MPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC12
P
ERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND13
A
FFORDABILITY", IN THE JOURNAL HOUSING POLICY DEBATE.14
(IV) M
ULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE15
THAN DETACHED SINGLE-UNIT DWELLINGS, AND LIVING NEAR TRANSIT,16
JOBS, AND SERVICES ENABLES HOUSEHOLDS TO SAVE ON TRANSPORTATION17
COSTS BY OWNING FEWER VEHICLES . IN 2019, COLORADO MULTIFAMILY18
UNITS COST BETWEEN FOURTEEN AND FORTY -THREE PERCENT LESS TO19
OWN, AND BETWEEN NINE AND EIGHTEEN PERCENT LESS TO RENT ,20
DEPENDING ON THE SIZE OF THE BUILDING, COMPARED TO A SINGLE-UNIT21
DETACHED DWELLING , ACCORDING TO THE AMERICAN COMMUNITY22
S
URVEY.23
(V) T
HE TERNER CENTER FOR HOUSING INNOVATION AT THE24
U
NIVERSITY OF CALIFORNIA BERKELEY FOUND IN ITS REPORT25
"R
ESIDENTIAL REDEVELOPMENT OF COMMERCIALLY ZONED LAND IN26
C
ALIFORNIA" THAT THERE IS SIGNIFICANT POTENTIAL FOR RESIDENTIAL27
SB23-213
-73- DEVELOPMENT IN COMMERCIALLY ZONED AREAS , THAT MANY1
COMMERCIAL ZONE DISTRICTS DO NOT ALLOW RESIDENTIAL2
DEVELOPMENT, AND THAT ALLOWING USE BY RIGHT RESIDENTIAL3
DEVELOPMENT IN COMMERCIAL ZONE DISTRICTS CAN ENCOURAGE4
ADDITIONAL HOUSING SUPPLY;5
(VI) A
CCORDING TO THE NATIONAL ASSOCIATION OF REALTORS6
IN THEIR REPORT "ANALYSIS AND CASE STUDIES ON OFFICE-TO-HOUSING7
C
ONVERSIONS", OVER FIVE MILLION SEVEN HUNDRED THOUSAND SQUARE8
FEET OF OFFICE SPACE BECAME UNOCCUPIED IN THE DENVER9
METROPOLITAN REAL ESTATE MARKET BETWEEN 2020 AND 2021, THE10
D
ENVER MARKET COULD POTENTIALLY ADD OVER TWO THOUSAND NEW11
RESIDENTIAL UNITS FROM OFFICE TO RESIDENTIAL CONVERSIONS IF IT12
CONVERTED TWENTY PERCENT OF CURRENTLY VACANT OFFICE SPACE , AND13
ONE OF THE MAJOR BARRIERS TO CONVERSIONS IS RESTRICTIVE LOCAL14
LAND USE REGULATIONS THAT REQUIRE DISCRETIONARY APPROVALS ;15
(VII) A
CCORDING TO THE NOTRE DAME LAW SCHOOL IN THEIR16
ARTICLE "SHELLS OF THE STORES THEY ONCE WERE: RETURNING VACANT17
R
ETAIL PROPERTY TO PRODUCTIVE USE IN THE MIDST OF THE RETAIL18
A
POCALYPSE", UNITED STATES RETAILERS HAVE BEEN CLOSING BRICK19
AND MORTAR LOCATIONS IN LARGE NUMBERS SINCE AT LEAST 2017,20
LEAVING BEHIND VACANT COMMERCIAL BUILDINGS AND PROPERTIES THAT21
POSE PROBLEMS FOR PUBLIC HEALTH AND SAFETY , REDUCE LOCAL TAX22
REVENUE, AND LEAD TO THE FLIGHT OF OTHER RETAIL BUSINESSES .23
V
ACANT COMMERCIAL PROPERTIES PROVIDE OPPORTUNITIES FOR24
RESIDENTIAL AND MIXED USE REDEVELOPMENT , BOTH THROUGH ADAPTIVE25
REUSE OF EXISTING BUILDINGS, AND THROUGH NEW DEVELOPMENT ; AND,26
ACCORDING TO THE LOCAL GOVERNMENT COMMISSION IN COOPERATION27
SB23-213
-74- WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN THE1
JOINT REPORT "CREATING GREAT NEIGHBORHOODS: DENSITY IN YOUR2
C
OMMUNITY", INCREASED RESIDENTIAL DENSITY IS ASSOCIATED WITH THE3
ECONOMIC SUCCESS OF NEARBY BUSINESSES , AND CONTRIBUTES TO THE4
REVITALIZATION OF NEIGHBORHOODS .5
(VIII) M
EETING HOUSING DEMAND THROUGH COMPACT INFILL6
DEVELOPMENT CLOSE TO JOBS , SERVICES, AND TRANSIT DECREASES THE7
NEED FOR NEW DISPERSED , LOW-DENSITY HOUSING. RELATIVE TO8
DISPERSED LOW-DENSITY DEVELOPMENT , COMPACT INFILL HOUSING9
DEVELOPMENT, INCLUDING MULTIFAMILY HOUSING DEVELOPMENT ,10
REDUCES WATER USE, GREENHOUSE GAS EMISSIONS , INFRASTRUCTURE11
COSTS, AND HOUSEHOLD ENERGY AND TRANSPORTATION COSTS .12
(IX) H
OUSING WITH ACCESS TO FREQUENT TRANSIT ALLOWS13
RESIDENTS TO TRAVEL TO WORK AND SERVICES WITHOUT DRIVING OR14
WHILE DRIVING LESS, WHICH REDUCES HOUSEHOLD TRANSPORTATION15
COSTS, GREENHOUSE GAS EMISSIONS, AND AIR POLLUTION. ANALYSES OF16
TRANSIT-ORIENTED DEVELOPMENTS HAVE FOUND RESIDENTS TAKE AN17
AVERAGE OF FORTY-FOUR PERCENT FEWER VEHICLE TRIPS, ACCORDING TO18
THE ARTICLE "VEHICLE TRIP REDUCTION IMPACTS OF TRANSIT-ORIENTED19
H
OUSING" IN THE JOURNAL OF PUBLIC TRANSPORTATION. AND,20
ACCORDING TO THE CALIFORNIA AIR RESOURCES BOARD REPORTS21
"I
MPACT OF JOBS-HOUSING BALANCE ON PASSENGER VEHICLE USE AND22
G
REENHOUSE GAS EMISSIONS" AND "IMPACTS OF LAND-USE MIX ON23
P
ASSENGER VEHICLE USE AND GREENHOUSE GAS EMISSIONS",24
CO-LOCATING RESIDENCES , JOBS, AND SERVICES ALSO REDUCES25
HOUSEHOLD VEHICLE MILES TRAVELED .26
(X) M
ULTIFAMILY HOUSING ALSO USES SIGNIFICANTLY LESS27
SB23-213
-75- ENERGY FOR HEATING AND COOLING PER UNIT THAN SINGLE -UNIT1
DETACHED DEALINGS DUE TO MULTIFAMILY HOUSING HAVING ATTACHED2
WALLS AND SMALLER SIZE, WHICH REDUCES HOUSEHOLD ENERGY COSTS3
AND GREENHOUSE GAS EMISSIONS . IN COLORADO, HOUSEHOLD ENERGY4
DEMAND ON AVERAGE IS SEVENTY PERCENT LESS FOR MULTIFAMILY5
HOUSING COMPARED TO SINGLE-UNIT DETACHED DWELLINGS, ACCORDING6
TO THE NATIONAL RENEWABLE ENERGY LABORATORY RESSTOCK7
A
NALYSIS TOOL.8
(b) T
HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT9
INCREASED HOUSING SUPPLY IN KEY CORRIDORS IS A MATTER OF MIXED10
STATEWIDE AND LOCAL CONCERN .11
29-33-502. Definitions. A
S USED IN THIS PART 5, UNLESS THE12
CONTEXT OTHERWISE REQUIRES :13
(1) "F
REQUENT TRANSIT SERVICE AREA " MEANS AN AREA14
DESIGNATED AS A "FREQUENT TRANSIT SERVICE AREA " IN THE FREQUENT15
TRANSIT SERVICE AREAS MAP PUBLISHED BY THE DEPARTMENT OF LOCAL16
AFFAIRS PURSUANT TO SECTION 29-33-503.17
(2) "I
NDUSTRIAL USE" MEANS A BUSINESS USE OR ACTIVITY AT A18
SCALE GREATER THAN HOME I NDUSTRY INVOLVING MANUFACTURING ,19
FABRICATION, ASSEMBLY, WAREHOUSING, OR STORAGE.20
(3) "K
EY CORRIDORS" MEANS PARCELS THAT ARE WITHIN THE21
AREAS DESCRIBED IN SECTION 29-33-504 (1)(a).22
(4) "M
INIMUM STANDARDS" MEANS THE KEY CORRIDORS MINIMUM23
STANDARDS ESTABLISHED IN SECTION 29-33-506.24
(5) "M
ODEL CODE" MEANS THE KEY CORRIDORS MODEL CODE25
PROMULGATED BY THE DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO26
SECTION 29-33-505.27
SB23-213
-76- (6) "NET RESIDENTIAL ZONING CAPACITY " MEANS THE TOTAL1
HOUSING UNIT CAPACITY ESTIMATED TO BE ALLOWED AS A USE BY RIGHT2
IN A GIVEN AREA, MINUS EXISTING HOUSING UNITS.3
(7) "S
UBJECT JURISDICTION" MEANS A RURAL RESORT JOB CENTER4
MUNICIPALITY OR A TIER ONE URBAN MUNICIPALITY .5
29-33-503. Frequent transit service areas. (1) (a) N
O LATER6
THAN JUNE 30, 2025, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF7
LOCAL AFFAIRS SHALL CREATE A FREQUENT TRANSIT SERVICE AREAS MAP8
THAT DESIGNATES FREQUENT TRANSIT SERVICE AREAS .9
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL , AS PART OF10
THE PROCESS USED BY THE MULTI -AGENCY ADVISORY COMMITTEE TO11
DEVELOP RECOMMENDATIONS FOR THE KEY CORRIDOR MODEL CODE12
PURSUANT TO SECTION 29-33-506 (2), PROVIDE RECOMMENDATIONS TO13
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS14
CONCERNING THE CREATION OF A FREQUENT TRANSIT SERVICE AREAS MAP .15
(2) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL16
AFFAIRS SHALL INCLUDE IN THE FREQUENT TRANSIT SERVICE AREAS MAP ,17
AREAS THAT ARE WITHIN ONE QUARTER -MILE OF:18
(a) A
ROADWAY WITHIN A CENSUS URBANIZED AREA SERVED BY A19
BUS ROUTE THAT IS BOTH SCHEDULED TO RUN EVERY FIFTEEN MINUTES OR20
LESS AND AT LEAST ONE MILE LONG;21
(b) A
BUS STOP ALONG A BUS ROUTE THAT IS SCHEDULED TO RUN22
EVERY FIFTEEN MINUTES OR LESS AND RUNS , AT LEAST IN PART, ON A23
LIMITED ACCESS HIGHWAY OR OUTSIDE OF AN AREA THAT IS DESIGNATED24
AS AN URBANIZED AREA BY THE MOST RECENT FEDERAL DECENNIAL25
CENSUS; AND26
(c) A
N EXISTING OR PLANNED URBAN BUS OR COMMUTER BUS27
SB23-213
-77- RAPID TRANSIT SERVICE.1
(3) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL2
AFFAIRS SHALL DESIGNATE AN AREA AS A FREQUENT TRANSIT SERVICE3
AREA BASED ON:4
(a) T
RANSIT SERVICE LEVELS AS OF JANUARY 1, 2023;5
(b) T
RANSIT SERVICE LEVELS PLANNED AND APPROVED BY A6
TRANSIT AGENCY'S BOARD AS OF JANUARY 1, 2023, FOR IMPLEMENTATION7
BEFORE JANUARY 1, 2028; OR8
(c) F
UTURE TRANSIT SERVICE LEVELS, PLANNED AS OF JANUARY9
1,
2023, AS DESCRIBED IN FEDERALLY REQUIRED TRANSPORTATION PLANS .10
(4) I
N DESIGNATING FREQUENT TRANSIT SERVICE AREAS , THE11
DEPARTMENT OF LOCAL AFFAIRS SHALL NOT RELY ON PLANNING12
DOCUMENTS ADOPTED AFTER JANUARY 1, 2023.13
29-33-504. Key corridor applicability - exemptions. (1) (a) I
F14
A SUBJECT JURISDICTION ADOPTS THE MODEL CODE , OR THE MODEL CODE15
IS OTHERWISE IN EFFECT, THE MODEL CODE SHALL APPLY TO PARCELS16
THAT ARE WITHIN:17
(I) A
ZONING DISTRICT THAT PERMITS, AS OF JANUARY 1, 2023:18
(A) C
OMMERCIAL USES COMPATIBLE WITH RESIDENTIAL USES SUCH19
AS OFFICE, RETAIL, PERSONAL SERVICES, OR PARKING COMMERCIAL USES;20
OR21
(B) P
UBLIC OR INSTITUTIONAL USES;22
(II) A
N AREA ZONED FOR A MIX OF USES INCLUDING COMMERCIAL ,23
INSTITUTIONAL, PUBLIC, OR RESIDENTIAL USES; OR24
(III) A
FREQUENT TRANSIT SERVICE AREA, AS OF JANUARY 1, 2023.25
(b) I
F A SUBJECT JURISDICTION ADOPTS LOCAL LAWS THAT MEET26
THE MINIMUM STANDARDS RATHER THAN THE MODEL CODE , THE SUBJECT27
SB23-213
-78- JURISDICTION MAY CHOOSE TO IDENTIFY AREAS DESCRIBED IN1
SUBSECTIONS (1)(a)(I), (1)(a)(II), AND (1)(a)(III) OF THIS SECTION AS KEY2
CORRIDORS AS LONG AS THE AREAS THAT THE SUBJECT JURISDICTION3
SELECTS, AND THE LOCAL LAWS THAT THE SUBJECT JURISDICTION APPLIES4
TO THOSE AREAS, MEET THE MINIMUM STANDARDS ESTABLISHED IN5
SECTION 29-33-506.6
(2) T
HE REQUIREMENTS OF THIS PART 5 APPLY ONLY TO A KEY7
CORRIDOR IN A RURAL RESORT JOB CENTER MUNICIPALITY OR A TIER ONE8
URBAN MUNICIPALITY.9
(3) U
NLESS A SUBJECT JURISDICTION DECIDES OTHERWISE , LOCAL10
LAWS ADOPTED PURSUANT TO THIS PART 5 ONLY APPLY TO PARCELS THAT11
ARE NOT:12
(a) A
STANDARD EXEMPT PARCEL ; OR13
(b) O
N A SITE OR ADJOINING A SITE THAT IS:14
(I) U
SED FOR AN INDUSTRIAL USE;15
(II) C
URRENTLY PERMITTED FOR AN INDUSTRIAL USE ; OR16
(III) D
ESIGNATED FOR HEAVY INDUSTRIAL USE IN THE LATEST17
VERSION OF A SUBJECT JURISDICTION'S MASTER PLAN ADOPTED BEFORE18
J
ANUARY 1, 2023.19
29-33-505. Model code. (1) (a) N
O LATER THAN JUNE 30, 2025,20
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL21
PROMULGATE A KEY CORRIDOR MODEL CODE .22
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL PROVIDE23
RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT24
OF LOCAL AFFAIRS ON THE MODEL CODE .25
(2) I
N DEVELOPING RECOMMENDATIONS TO PROVIDE TO THE26
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ON THE27
SB23-213
-79- MODEL CODE, THE MULTI-AGENCY ADVISORY COMMITTEE SHALL :1
(a) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC2
MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO3
COMMENT ON THE MODEL CODE ;4
(b) A
LLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE5
MODEL CODE;6
(c) C
ONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL7
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ; AND8
(d) C
ONSULT WITH EXPERTS IN DISABILITY RIGHTS, AFFORDABLE9
HOUSING, FAIR HOUSING, PLANNING, ZONING, AND RELATED FIELDS.10
(3) A
T A MINIMUM, THE MODEL CODE MUST INCLUDE :11
(a) A
MINIMUM RESIDENTIAL DENSITY LIMIT FOR MULTIFAMILY12
RESIDENTIAL HOUSING THAT MUST BE ALLOWED AS A USE BY RIGHT IN KEY13
CORRIDORS;14
(b) A
N ALLOWABLE MINIMUM RESIDENTIAL DENSITY LIMIT FOR15
MIXED-INCOME MULTIFAMILY RESIDENTIAL HOUSING THAT MUST BE16
ALLOWED AS A USE BY RIGHT IN KEY CORRIDORS AND MUST BE AT LEAST17
FIFTY PERCENT GREATER THAN THE MINIMUM RESIDENTIAL DENSITY LIMIT18
IN SUBSECTION (3)(a) OF THIS SECTION;19
(c) R
EQUIREMENTS FOR THE PERCENT OF UNITS IN MIXED -INCOME20
MULTIFAMILY RESIDENTIAL DEVELOPMENTS THAT MUST BE RESERVED FOR21
LOW- AND MODERATE-INCOME HOUSEHOLDS; AND22
(d) A
REA MEDIAN INCOME REQUIREMENTS FOR REGULATED23
AFFORDABLE HOUSING UNITS THAT ARE INFORMED BY THE NEED FOR24
AFFORDABLE HOUSING IDENTIFIED IN THE LOCAL HOUSING NEEDS25
ASSESSMENT.26
29-33-506. Minimum standards. (1) (a) N
O LATER THAN JUNE27
SB23-213
-80- 30, 2025, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL1
AFFAIRS SHALL PROMULGATE KEY CORRIDOR MINIMUM STANDARDS .2
(b) T
HE MULTI-AGENCY ADVISORY COMMITTEE SHALL PROVIDE3
RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT4
OF LOCAL AFFAIRS ON THE MINIMUM STANDARDS .5
(2) I
N DEVELOPING RECOMMENDATIONS TO PROVIDE TO THE6
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ON THE7
MODEL CODE, THE MULTI-AGENCY ADVISORY CO MMITTEE SHALL FOLLOW8
THE SAME PROCESS AS IN SECTION 29-33-505 (2).9
(3) T
HE MINIMUM STANDARDS MUST :10
(a) I
NCLUDE GUIDANCE TO ENCOURAGE REGIONAL STRATEGIES FOR11
KEY CORRIDORS;12
(b) I
DENTIFY A NET RESIDENTIAL ZONING CAPACITY FOR EACH13
SUBJECT JURISDICTION, WHICH MUST BE INFORMED BY THE LOCAL14
HOUSING NEEDS ASSESSMENT ; AND15
(c) I
DENTIFY ANY ADDITIONAL STANDARDS DEEMED NECESSARY ,16
SUCH AS A MINIMUM RESIDENTIAL DENSITY LIMIT AND MINIMUM DISTRICT17
SIZE.18
(4) (a) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A19
TIER ONE URBAN MUNICIPALITY THAT DOES NOT ADOPT THE MODEL CODE20
SHALL ESTABLISH A DISTRICT WITHIN KEY CORRIDORS THAT ALLOWS , AS21
A USE BY RIGHT, MULTIFAMILY RESIDENTIAL HOUSING THAT SATISFIES THE22
NET RESIDENTIAL ZONING CAPACITY ESTABLISHED BY THE MINIMUM23
STANDARDS AND MEETS OTHER MINI MUM STANDARDS ESTABLISHED .24
(b) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A25
RURAL RESORT JOB CENTER MUNICIPALITY THAT DOES NOT ADOPT THE26
MODEL CODE SHALL ALLOW MULTIFAMILY HOUSING AS A USE BY RIGHT IN27
SB23-213
-81- THE PARTS OF THE MUNICIPALITY THAT THE RURAL RESORT REGION1
HOUSING NEEDS PLANNING PROCESS IDENTIFIED AS KEY CORRIDORS .2
(c) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A3
SUBJECT JURISDICTION MAY ALLOW DIFFERENT LEVELS OF DENSITY WITHIN4
A KEY CORRIDOR SO LONG AS THE MINIMUM STANDARDS ARE SATISFIED .5
(5) N
OTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A6
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL7
NOT, IN THE DISTRICTS IT ESTABLISHES PURSUANT TO SUBSECTION (4)(a)8
OF THIS SECTION:9
(a) A
PPLY STANDARDS THAT INDIVIDUALLY OR CUMULATIVELY10
CREATE UNREASONABLE COSTS OR DELAYS FOR MULTIFAMILY HOUSING11
DEVELOPMENTS IN KEY CORRIDORS OR MAKE THE PERMITTING , SITING, OR12
CONSTRUCTION OF MULTIFAMILY HOUSING IN KEY CORRIDORS INFEASIBLE ;13
(b) A
DOPT, ENACT, OR ENFORCE LOCAL LAWS THAT MAKE THE14
MINIMUM RESIDENTIAL DENSITY LIMITS INFEASIBLE ; OR15
(c) R
EQUIRE NEW OFF-STREET PARKING WITHIN KEY CORRIDORS16
FOR ANY USE IN CONJUNCTION WITH THE ISSUANCE OF A DEVELOPMENT17
PERMIT.18
(6) T
HE DEPARTMENT OF LOCAL AFFAIRS MAY PROMULGATE RULES19
AS IT DEEMS NECESSARY TO UPDATE THE MINIMUM STANDARDS OR MODEL20
CODE, UTILIZING A PUBLIC HEARING AND COMMENT PROCESS .21
29-33-507. Adoption of model codes - satisfaction of minimum22
standards. (1) N
O LATER THAN DECEMBER 31, 2026, A SUBJECT23
JURISDICTION SHALL EITHER:24
(a) A
DOPT LOCAL LAWS CONCERNING KEY CORRIDORS THAT25
SATISFY THE MINIMUM STANDARDS ; OR26
(b) A
DOPT THE MODEL CODE.27
SB23-213
-82- (2) IF A SUBJECT JURISDICTION DOES NOT SATISFY THE1
REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION BEFORE JUNE 30,2
2027,
THE MODEL CODE GOES INTO EFFECT IMMEDIATELY FOR THE3
APPLICABLE PARCELS IN KEY CORRIDORS , AS SPECIFIED IN SECTION4
29-33-504,
IN THE SUBJECT JURISDICTION UNTIL THE DEPARTMENT OF5
LOCAL AFFAIRS DETERMINES THAT THE SUBJECT JURISDICTION HAS6
ADOPTED LAWS THAT COMPLY WITH THE MINIMUM STANDARDS .7
(3) I
F A SUBJECT JURISDICTION ADOPTS THE MODEL CODE OR THE8
MODEL CODE IS OTHERWISE IN EFFECT FOR A SUBJECT JURISDICTION9
PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE SUBJECT10
JURISDICTION SHALL:11
(a) U
SE OBJECTIVE PROCEDURES TO DETERMINE WHETHER A12
PROJECT SATISFIES THE MODEL CODE AND , IF THE SUBJECT JURISDICTION13
DETERMINES THAT THE PROJECT SATISFIES THE MODEL CODE , THE SUBJECT14
JURISDICTION SHALL APPROVE THE ACCESSORY DWELLING PROJECT ; AND15
(b) N
OT ADOPT, ENACT, OR ENFORCE ANY LOCAL LAWS THAT16
CONTRAVENE THE MODEL CODE .17
(4) (a) N
O LATER THAN JUNE 30, 2026, A SUBJECT JURISDICTION18
MAY SUBMIT AN APPLICATION TO THE DEPARTMENT OF LOCAL AFFAIRS IN19
A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL20
AFFAIRS FOR AN EXTENSION OF THE RELEVANT REQUIREMENTS IN21
SUBSECTION (1) OF THIS SECTION.22
(b) T
HE APPLICATION MUST INCLUDE A DEMONSTRATION BY THE23
SUBJECT JURISDICTION THAT:24
(I) T
HE SUBJECT JURISDICTION'S WATER, SEWER, OR STORMWATER25
SERVICES ARE CURRENTLY DEFICIENT IN SPECIFIC AREAS , OR ARE26
EXPECTED TO BECOME DEFICIENT IN THE NEXT FIVE YEARS ;27
SB23-213
-83- (II) THE SUBJECT JURISDICTION HAS ESTABLISHED A PLAN OF1
ACTION TO REMEDY THE DEFICIENT WATER , SEWER, OR STORMWATER2
SERVICES IN THE SPECIFIC AREAS IDENTIFIED IN SUBSECTION (4)(b)(I) OF3
THIS SECTION ON A SPECIFIC TIMELINE; AND4
(III) T
HE SUBJECT JURISDICTION IS UNABLE TO SERVE LESS WATER5
EFFICIENT HOUSING TYPES THAN THOSE REQUIRED BY THIS PART 5.6
(c) T
HE DEPARTMENT OF LOCAL AFFAIRS MAY ADOPT RULES OR7
PROMULGATE GUIDANCE AS NECESSARY TO IMPLEMENT THIS SUBSECTION8
(4).9
(5) (a) N
O LATER THAN DECEMBER 31, 2026, A RURAL RESORT JOB10
CENTER MUNICIPALITY OR A TIER ONE URBAN MUNICIPALITY SHALL11
SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS IN A FORM AND MANNER12
DETERMINED BY THE DEPARTMENT A REPORT DEMONSTRATING EVIDENCE13
OF COMPLIANCE WITH EITHER THE MODEL CODE OR MINIMUM STANDARDS .14
(b) W
ITHIN NINETY DAYS OF RECEIVING A REPORT DESCRIBED IN15
SUBSECTION (5)(a) OF THIS SECTION , THE DEPARTMENT OF LOCAL AFFAIRS16
SHALL REVIEW AND APPROVE THE SUBMITTED REPORT OR REJECT THE17
REPORT AND PROVIDE FEEDBACK TO THE SUBJECT JURISDICTION . THE18
DEPARTMENT OF LOCAL AFFAIRS MAY GRANT A JURISDICTION AN19
ADDITIONAL ONE HUNDRED TWENTY DAYS TO CORRECT THE RELEVANT20
LOCAL LAWS AND RESUBMIT ITS REPORT .21
(c) I
F THE DEPARTMENT OF LOCAL AFFAIRS REJECTS A SUBJECT22
JURISDICTION'S REPORT, THE MODEL CODE GOES INTO EFFECT23
IMMEDIATELY FOR THE SUBJECT JURISDICTION, UNTIL THE DEPARTMENT OF24
LOCAL AFFAIRS DETERMINES THAT THE SUBJECT JURISDICTION HAS25
ADOPTED LAWS THAT COMPLY WITH THE MINIMUM STANDARDS OR HAS26
ADOPTED THE MODEL CODE .27
SB23-213
-84- 29-33-508. Subject jurisdiction restrictions. (1) N OTHING IN1
THIS PART 5 PREVENTS A SUBJECT JURISDICTION FROM:2
(a) R
EQUIRING PARKING SPACES IN ACCORDANCE WITH THE3
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.4
12101
ET SEQ., AS AMENDED;5
(b) A
PPLYING A LOCAL INCLUSIONARY ZONING ORDINANCE TO6
MULTIFAMILY HOUSING IN KEY CORRIDORS SO LONG AS THE STANDARDS7
OF THE ORDINANCE DO NOT RENDER THE DEVELOPMENT OF MULTIFAMILY8
HOUSING FINANCIALLY INFEASIBLE;9
(c) P
ERMITTING MIXED-USE DEVELOPMENT IN A KEY CORRIDOR ;10
(d) A
LLOWING COMMERCIAL ONLY DEVELOPMENTS IN A KEY11
CORRIDOR; OR12
(e) A
PPLYING THE STANDARDS IN A HISTORIC DISTRICT TO HOUSING13
IN KEY CORRIDORS IN THAT HISTORIC DISTRICT.14
SECTION 3. In Colorado Revised Statutes, 24-32-705, add (8)15
as follows:16
24-32-705. Functions of division. (8) T
HE DIVISION SHALL17
CONSULT WITH THE ADVISORY COMMI TTEE ON FACTORY -BUILT18
STRUCTURES AND TINY HOMES CREATED IN SECTION 24-32-3305 (3) TO19
PRODUCE A REPORT NO LATER THAN JUNE 30, 2024, ON THE20
OPPORTUNITIES AND BARRIERS IN CURRENT STATE LAWS AND21
REGULATIONS CONCERNING THE BUILDING OF MANUFACTURED HOMES ,22
MODULAR HOMES, AND TINY HOMES.23
SECTION 4. In Colorado Revised Statutes, 24-32-3301, amend24
(1)(c)(II) as follows:25
24-32-3301. Legislative declaration. (1) The general assembly26
hereby finds, determines, and declares that mobile homes, manufactured27
SB23-213
-85- housing, and factory-built structures are important and effective ways to1
meet Colorado's affordable housing needs. The general assembly further2
finds and declares that, because of the housing crisis in Colorado, there3
is a need to promote the affordability and accessibility of new4
manufactured homes and factory-built structures. The general assembly5
encourages local governments to enact ordinances and rules that6
effectively treat factory-built structures certified through the state7
program and manufactured housing certified through the federal program8
the same as site-built homes. The general assembly further finds,9
determines, and declares that:10
(c) The protection of Colorado consumers who purchase11
manufactured homes or tiny homes from fraud and other unfair business12
practices is a matter of statewide concern and consumers can best be13
protected by:14
(II) Imposing escrow and bonding requirements upon persons15
engaged in the business of manufacturing or selling manufactured homes16
or tiny homes; and17
SECTION 5. In Colorado Revised Statutes, 24-32-3303, amend18
(1)(c) as follows:19
24-32-3303. Division of housing - powers and duties - rules.20
(1) The division has the following powers and duties pursuant to this part21
33:22
(c) To review and approve quality assurance representatives that23
intend to perform
FINAL CONSTRUCTION PLAN REVIEWS , inspections, and24
issue insignia of approval pursuant to this part 33;25
SECTION 6. In Colorado Revised Statutes, 24-32-3311, amend26
(1)(a.3) as follows:27
SB23-213
-86- 24-32-3311. Certification of factory-built structures - rules.1
(1) (a.3) Manufacturers of factory-built structures to be installed in the2
state shall register with the division as provided in board rules and are3
subject to enforcement action, including suspension or revocation of their4
registration for failing to comply with requirements contained in this part5
33 and board rules. A manufacturer shall:6
(I) Comply with escrow requirements of down payments as7
established by the board by rule; and8
(II) Provide a letter of credit, certificate of deposit issued by a9
licensed financial institution, or surety bond issued by an authorized10
insurer in an amount and process established by the board by rule. A11
financial institution or authorized insurer shall pay the division the letter12
of credit, certificate of deposit, or surety bond if a court of competent13
jurisdiction has rendered a final judgment in favor of the division based14
on a finding that:15
(A) The manufacturer failed to deliver the factory-built structure;16
(B) The manufacturer failed to refund a down payment made17
toward the purchase of the factory-built structure; or18
(C) The manufacturer ceased doing business operations or filed19
for bankruptcy.20
SECTION 7. In Colorado Revised Statutes, 24-67-105, add (5.5)21
as follows:22
24-67-105. Standards and conditions for planned unit23
development - definitions. (5.5) (a) A
PLANNED UNIT DEVELOPMENT24
RESOLUTION OR ORDINANCE ADOPTED PURSUANT TO THIS ARTICLE 67, IF25
THE PLANNED UNIT DEVELOPMENT HAS A RESIDENTIAL USE , MUST NOT26
RESTRICT THE PERMITTING OF ACCESSORY DWELLING UNITS , MIDDLE27
SB23-213
-87- HOUSING, HOUSING IN TRANSIT-ORIENTED AREAS, OR HOUSING IN KEY1
CORRIDORS IN ANY WAY THAT IS PROHIBITED BY ARTICLE 33 OF TITLE 29.2
(b) A
S USED IN THIS SUBSECTION (5.5), UNLESS THE CONTEXT3
OTHERWISE REQUIRES:4
(I) "A
CCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET5
FORTH IN SECTION 29-33-102 (2).6
(II) "K
EY CORRIDOR" HAS THE SAME MEANING AS SET FORTH IN7
SECTION 29-33-502 (3).8
(III) "M
IDDLE HOUSING" HAS THE SAME MEANING AS SET FORTH IN9
SECTION 29-33-102 (18).10
(IV) "T
RANSIT-ORIENTED AREA" HAS THE SAME MEANING AS SET11
FORTH IN SECTION 29-33-102 (36).12
SECTION 8. In Colorado Revised Statutes, add 29-20-110 as13
follows:14
29-20-110. Local government residential occupancy limits -15
definitions. (1) N
OTWITHSTANDING ANY OTHER PROVISION TO THE16
CONTRARY, A LOCAL GOVERNMENT SHALL NOT ENACT OR ENFORCE17
RESIDENTIAL OCCUPANCY LIMITS THAT DIFFER BASED ON THE18
RELATIONSHIPS OF THE OCCUPANTS OF A DWELLING .19
(2) N
OTHING IN THIS SECTION PREVENTS A LOCAL GOVERNMENT20
FROM ESTABLISHING RESIDENTIAL OCCUPANCY LIMITS FOR DWELLING21
UNITS FOR SHORT-TERM RENTALS, AS DEFINED IN SECTION 29-33-102 (30).22
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE23
REQUIRES:24
(a) "D
WELLING" MEANS ANY IMPROVED REAL PROPERTY , OR25
PORTION THEREOF, THAT IS USED OR INTENDED TO BE USED AS A26
RESIDENCE.27
SB23-213
-88- (b) "LOCAL GOVERNMENT " MEANS A COUNTY , HOME RULE1
COUNTY, HOME RULE OR STATUTORY CITY, TOWN, TERRITORIAL CHARTER2
CITY, OR CITY AND COUNTY.3
SECTION 9. In Colorado Revised Statutes, 30-28-106, amend4
(3)(a)(IV)(D) and (3)(a)(IV)(E); and add (6.5), (8), and (9) as follows:5
30-28-106. Adoption of master plan - contents. (3) (a) The6
master plan of a county or region, with the accompanying maps, plats,7
charts, and descriptive and explanatory matter, must show the county or8
regional planning commission's recommendations for the development of9
the territory covered by the plan. The master plan of a county or region is10
an advisory document to guide land development decisions; however, the11
plan or any part thereof may be made binding by inclusion in the county's12
or region's adopted subdivision, zoning, platting, planned unit13
development, or other similar land development regulations after14
satisfying notice, due process, and hearing requirements for legislative or15
quasi-judicial processes as appropriate. After consideration of each of the16
following, where applicable or appropriate, the master plan may include:17
(IV) (D) The department of local affairs created in section18
24-1-125 may hire and employ one full-time employee to provide19
educational resources and assistance to counties that include water20
conservation policies in their master plans as described in subsection21
(3)(a)(IV)(C)
OR IN SUBSECTION (6.5)(b) of this section.22
(E) Nothing in this subsection (3)(a)(IV)
OR IN SUBSECTION23
(6.5)(b)
OF THIS SECTION shall be construed to supersede, abrogate, or24
otherwise impair the allocation of water pursuant to the state constitution25
or laws, the right to beneficially use water pursuant to decrees, contracts,26
or other water use agreements, or the operation, maintenance, repair,27
SB23-213
-89- replacement, or use of any water facility.1
(6.5) A
MASTER PLAN OF ANY COUNTY ADOPTED OR AMENDED IN2
ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION ON AND AFTER3
J
UNE 30, 2024, MUST INCLUDE:4
(a) T
HE GENERAL LOCATION AND EXTENT OF AN ADEQUATE AND5
SUITABLE SUPPLY OF WATER AS DESCRIBED IN SUBSECTION (3)(a)(IV)(A)6
OF THIS SECTION;7
(b) A
WATER SUPPLY ELEMENT THAT SATISFIES THE8
REQUIREMENTS OF SUBSECTIONS (3)(a)(IV)(B) AND (3)(a)(IV)(C) OF THIS9
SECTION;10
(c) N
ATURAL AND AGRICULTURAL LAND PRIORITIES IN11
ACCORDANCE WITH THE NATURAL AND AGRICULTURAL LAND PRIORITIES12
REPORT CREATED IN SECTION 29-33-109; AND13
(d) F
OR COUNTIES WITH A POPULATION GREATER THAN TWO14
HUNDRED FIFTY THOUSAND, A GREENFIELD DEVELOPMENT ANALYSIS THAT15
IS CONDUCTED IN THE SAME MANNER AND ON THE SAME TIMELINE AS THE16
GREENFIELD DEVELOPMENT ANALYSIS REQUIRED IN SECTION 29-33-10417
(4)(d).18
(8) I
N ADOPTING OR AMENDING A MASTER PLAN , THE COMMISSION19
SHALL IDENTIFY, PROVIDE NOTICE TO, AND CONSULT WITH CERTAIN20
ENTITIES WITHIN THE FOLLOWING CATEGORIES TO ENSURE THAT THE21
ADOPTING OR AMENDING OF THE MASTER PLAN IS AN INCLUSIVE PROCESS :22
(a) H
OUSING AUTHORITIES;23
(b) L
OCAL GOVERNMENTS ; AND24
(c) N
ONGOVERNMENTAL ORGANIZATIONS .25
(9) (a) A
T LEAST SIXTY DAYS BEFORE THE FINAL PUBLIC HEARING26
REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE COMMISSION SHALL27
SB23-213
-90- SUBMIT THE MOST RECENT DRAFT OF THE MASTER PLAN TO THE DIVISION1
OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL AFFAIRS .2
(b) N
O MORE THAN THIRTY DAYS AFTER ADOPTING OR AMENDING3
THE MASTER PLAN, THE COMMISSION SHALL SUBMIT THE MASTER PLAN TO4
THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL5
AFFAIRS. THE DIVISION OF LOCAL GOVERNMENT SHALL REVIEW THESE6
REPORTS TO ENSURE THEY COMPLY WITH THE REQUIREMENTS OF THIS7
SECTION.8
SECTION 10. In Colorado Revised Statutes, 31-15-713, add9
(1)(d) as follows:10
31-15-713. Power to sell public works - real property. (1) The11
governing body of each municipality has the power:12
(d) N
OTWITHSTANDING SUBSECTIONS (1)(a) AND (1)(b) OF THIS13
SECTION, TO SELL AND DISPOSE OF, BY ORDINANCE, ANY PUBLIC BUILDING14
OR REAL PROPERTY OWNED BY A MUNICIPALITY THAT IS HELD FOR15
GOVERNMENT PURPOSES OTHER THAN PARK PURPOSES , IF THE SALE AND16
DISPOSITION OF THE PUBLIC BUILDING OR REAL PROPERTY IS FOR THE17
PURPOSE OF PROVIDING PROPERTY TO BE USED FOR THE DEVELOPMENT OF18
AFFORDABLE HOUSING, AS THE TERM IS DEFINED IN SECTION 29-33-102 (3).19
T
HE GOVERNING BODY SHALL DETERMINE THE TERMS AND CONDITIONS OF20
THE SALE AND DISPOSITION AT A REGULAR OR SPECIAL MEETING AND21
SHALL MAKE THESE TERMS AND CONDITIONS PUBLICLY AVAILABLE .22
SECTION 11. In Colorado Revised Statutes, 31-23-301, amend23
(5)(b)(I)(C); add (5)(a)(III), (5)(a)(IV), (5)(a)(V), and (5)(b)(I.5); and24
repeal (5)(b)(II) as follows:25
31-23-301. Grant of power. (5) (a) As used in this subsection26
(5), unless the context otherwise requires:27
SB23-213
-91- (III) "MANUFACTURED HOME " MEANS ANY PRECONSTRUCTED1
BUILDING UNIT OR COMBINATION OF PRECONSTRUCTED BUILDING UNITS OR2
CLOSED PANEL SYSTEMS THAT :3
(A) I
NCLUDES ELECTRICAL, MECHANICAL, OR PLUMBING SERVICES4
THAT ARE FABRICATED, FORMED, OR ASSEMBLED AT A LOCATION OTHER5
THAN THE SITE OF THE COMPLETED HOME ;6
(B) I
S DESIGNED FOR RESIDENTIAL OCCUPANCY IN EITHER7
TEMPORARY OR PERMANENT LOCATIONS ;8
(C) I
S CONSTRUCTED IN COMPLIANCE WITH THE FEDERAL ACT ,9
FACTORY-BUILT RESIDENTIAL REQUIREMENTS , INCLUDING THOSE FOR10
MULTIFAMILY STRUCTURES , OR MOBILE HOME STANDARDS ;11
(D) I
S NOT SELF-PROPELLED; AND12
(E) I
S NOT LICENSED AS A RECREATIONAL VEHICLE .13
(IV) "M
ODULAR HOME" MEANS A FACTORY-BUILT RESIDENTIAL14
STRUCTURE.15
(V) "O
BJECTIVE STANDARD" MEANS A STANDARD THAT BOTH :16
(A) D
OES NOT REQUIRE A PUBLIC BODY OR OFFICIAL TO MAKE A17
PERSONAL OR SUBJECTIVE JUDGMENT ; AND18
(B) I
S UNIFORMLY VERIFIABLE OR ASCERTAINABLE BY REFERENCE19
TO AN EXTERNAL OR UNIFORM BENCHMARK OR CRITERION THAT IS20
AVAILABLE AND KNOWABLE BY THE DEVELOPMENT APPLICANT OR21
PROPONENT AND THE PUBLIC BODY OR OFFICIAL PRIOR TO THE22
DEVELOPMENT APPLICANT OR PROPONENT 'S FILING OF A DEVELOPMENT23
PROPOSAL.24
(b) (I) No municipality may have or enact zoning regulations,25
subdivision regulations, or any other regulation affecting development26
that exclude or have the effect of excluding homes from the municipality27
SB23-213
-92- that are:1
(C) Homes that meet or exceed, on an equivalent performance2
engineering basis, standards established by the municipal building code.3
T
HE APPROVAL PROCESSES OF M ANUFACTURED AND MODULAR HOMES4
SHALL BE BASED ON OBJECTIVE STANDARDS AND ADMINISTRATIVE REVIEW5
THAT ARE EQUIVALENT TO THAT REQUIRED FOR SITE -BUILT HOMES,6
UNLESS A MUNICIPALITY REGULATES SITE -BUILT HOMES THROUGH A7
SUBJECTIVE REVIEW PROCESS, IN WHICH CASE A MUNICIPALITY MAY USE8
AN EQUIVALENT REVIEW PROCESS FOR A MANUFACTURED OR MODULAR9
HOME AND A SITE-BUILT HOME.10
(I.5) A
MUNICIPALITY SHALL NOT IMPOSE MORE RESTRICTIVE11
STANDARDS ON MANUFACTURED AND MODULAR HOMES THAN THOSE THE12
MUNICIPALITY APPLIES TO SITE BUILT HOMES IN THE SAME RESIDENTIAL13
ZONES. RESTRICTIVE STANDARDS INCLUDE ZONING REGULATIONS ,14
SUBDIVISION REGULATIONS, AND ANY OTHER REGULATION AFFECTING15
DEVELOPMENT SUCH AS REQUIREMENTS RELATING TO :16
(A) P
ERMANENT FOUNDATIONS ;17
(B) M
INIMUM FLOOR SPACE;18
(C) H
OME SIZE OR SECTIONAL REQUIREMENTS ;19
(D) I
MPROVEMENT LOCATION STANDARDS ;20
(E) S
IDE YARD STANDARDS; AND21
(F) S
ETBACK STANDARDS.22
(II) Nothing in this subsection (5) shall prevent a municipality
23
from enacting any zoning, developmental, use, aesthetic, or historical24
standard, including, but not limited to, requirements relating to permanent25
foundations, minimum floor space, unit size or sectional requirements,26
and improvement location, side yard, and setback standards to the extent27
SB23-213
-93- that such standards or requirements are applicable to existing or new1
housing within the specific use district of the municipality.2
SECTION 12. In Colorado Revised Statutes, 31-23-206, amend3
(1)(d)(IV) and (1)(d)(V); and add (6.5), (8), and (9) as follows:4
31-23-206. Master plan. (1) It is the duty of the commission to5
make and adopt a master plan for the physical development of the6
municipality, including any areas outside its boundaries, subject to the7
approval of the governmental body having jurisdiction thereof, that in the8
commission's judgment bear relation to the planning of the municipality.9
The master plan of a municipality is an advisory document to guide land10
development decisions; however, the plan or any part thereof may be11
made binding by inclusion in the municipality's adopted subdivision,12
zoning, platting, planned unit development, or other similar land13
development regulations after satisfying notice, due process, and hearing14
requirements for legislative or quasi-judicial processes as appropriate.15
When a commission decides to adopt a master plan, the commission shall16
conduct public hearings, after notice of such public hearings has been17
published in a newspaper of general circulation in the municipality in a18
manner sufficient to notify the public of the time, place, and nature of the19
public hearing, prior to final adoption of a master plan in order to20
encourage public participation in and awareness of the development of21
such plan and shall accept and consider oral and written public comments22
throughout the process of developing the plan. The plan, with the23
accompanying maps, plats, charts, and descriptive matter, must, after24
consideration of each of the following, where applicable or appropriate,25
show the commission's recommendations for the development of the26
municipality and outlying areas, including:27
SB23-213
-94- (d) (IV) The department of local affairs created in section1
24-1-125 may hire and employ one full-time employee to provide2
educational resources and assistance to municipalities that include water3
conservation policies in their master plans as described in subsection4
(1)(d)(III)
OR IN SUBSECTION (6.5)(b) of this section.5
(V) Nothing in this subsection (1)(d)
OR IN SUBSECTION (6.5)(b)6
OF THIS SECTION shall be construed to supersede, abrogate, or otherwise7
impair the allocation of water pursuant to the state constitution or laws,8
the right to beneficially use water pursuant to decrees, contracts, or other9
water use agreements, or the operation, maintenance, repair, replacement,10
or use of any water facility.11
(6.5) A
MASTER PLAN ADOPTED OR AMENDED IN ACCORDANCE12
WITH THE REQUIREMENTS OF THIS SECTION ON AND AFTER JUNE 30, 2024,13
MUST INCLUDE:14
(a) T
HE GENERAL LOCATION AND EXTENT OF AN ADEQUATE AND15
SUITABLE SUPPLY OF WATER AS DESCRIBED IN SUBSECTION (1)(d)(I) OF16
THIS SECTION;17
(b) A
WATER SUPPLY ELEMENT THAT SATISFIES THE18
REQUIREMENTS OF SUBSECTIONS (1)(d)(II) AND (1)(d)(III) OF THIS19
SECTION;20
(c) T
HE MOST RECENT LOCAL HOUSING NEEDS PLAN CREATED21
PURSUANT TO SECTION 29-33-104;22
(d) N
ATURAL AND AGRICULTURAL LAND PRIORITIES IN23
ACCORDANCE WITH THE NATURAL AND AGRICULTURAL LAND PRIORITIES24
REPORT CREATED IN SECTION 29-33-109;25
(e) A
GREENFIELD DEVELOPMENT ANALYSIS THAT IS CONDUCTED26
IN THE SAME MANNER AS THE GREENFIELD DEVELOPMENT ANALYSIS27
SB23-213
-95- REQUIRED IN SECTION 29-33-104 (4)(d); AND1
(f) T
HE MOST RECENT VERSION OF THE PLAN REQUIRED BY SECTION2
31-12-105 (1)(e).3
(8) I
N ADOPTING OR AMENDING A MASTER PLAN , THE COMMISSION4
SHALL IDENTIFY, PROVIDE NOTICE TO, AND CONSULT WITH CERTAIN5
ENTITIES WITHIN THE FOLLOWING CATEGORIES TO ENSURE THAT THE6
ADOPTING OR AMENDING OF THE MASTER PLAN IS AN INCLUSIVE PROCESS :7
(a) H
OUSING AUTHORITIES;8
(b) N
ONGOVERNMENTAL ORGANIZATIONS ; AND9
(c) L
OCAL GOVERNMENTS.10
(9) (a) A
T LEAST SIXTY DAYS BEFORE THE FINAL PUBLIC HEARING11
REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE COMMISSION SHALL12
SUBMIT THE MOST RECENT DRAFT OF THE MASTER PLAN TO THE DIVISION13
OF LOCAL GOVERNMENT CREATED IN THE DEPARTMENT OF LOCAL AFFAIRS .14
(b) N
O MORE THAN THIRTY DAYS AFTER ADOPTING OR AMENDING15
THE MASTER PLAN, THE COMMISSION SHALL SUBMIT THE MASTER PLAN TO16
THE DIVISION OF LOCAL GOVERNMENT CREATED IN THE DEPARTMENT OF17
LOCAL AFFAIRS. THE DIVISION OF LOCAL GOVERNMENT SHALL REVIEW18
THESE REPORTS TO ENSURE THEY COMPLY WITH THE REQUIREMENTS OF19
THIS SECTION.20
SECTION 13. In Colorado Revised Statutes, 31-23-301, add (6)21
as follows:22
31-23-301. Grant of power. (6) N
EITHER A TIER ONE URBAN23
MUNICIPALITY AS DEFINED IN SECTION 29-33-102 (33) NOR A TIER TWO24
URBAN MUNICIPALITY AS DEFINED IN SECTION 29-33-102 (34) SHALL25
IMPOSE MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR RESIDENTIAL26
UNITS IN THE APPROVAL OF RESIDENTIAL DWELLING UNIT CONSTRUCTION27
SB23-213
-96- PERMITS UNLESS DOING SO IS NECESSARY FOR HEALTH AND SAFETY IN THE1
URBAN MUNICIPALITY.2
SECTION 14. In Colorado Revised Statutes, 37-60-126, amend3
(9)(b); and add (13) as follows:4
37-60-126. Water conservation and drought mitigation5
planning - programs - relationship to state assistance for water6
facilities - guidelines - water efficiency grant program - definitions -7
repeal. (9) (b) The board and the Colorado water resources and power8
development authority, to which any covered entity has applied for9
financial assistance for the construction of a water diversion, storage,10
conveyance, water treatment, or wastewater treatment facility, shall11
consider any water conservation plan filed pursuant to this section
AND12
ANY VALIDATED WATER LOSS AUDIT REPORT REQUIRED BY SUBSECTION13
(13)(d)
OF THIS SECTION in determining whether to render financial14
assistance to such entity. Such consideration shall be carried out within15
the discretion accorded the board and the Colorado water resources and16
power development authority pursuant to which such board and authority17
render such financial assistance to such covered entity.18
(13) (a) Short title. T
HE SHORT TITLE OF THIS SUBSECTION (13) IS19
THE "WATER LOSS ACCOUNTING ACT OF 2023".20
(b) Legislative declaration. T
HE GENERAL ASSEMBLY FINDS21
THAT:22
(I) S
AFE AND AFFORDABLE DRINKING WATER IS ESSENTIAL TO23
PUBLIC HEALTH, AFFORDABLE HOUSING, AND ECONOMIC DEVELOPMENT24
THROUGHOUT THE STATE ;25
(II) T
HE COST OF PROVIDING RELIABLE DRINKING WATER IS26
INCREASING DUE TO FACTORS SUCH AS AGING INFRASTRUCTURE , LOW27
SB23-213
-97- DENSITY LAND USE DEVELOPMENT THAT IS COSTLY TO SERVE , INCREASED1
ENERGY COSTS, AND MORE COMPLEX AND COSTLY CHANGES TO THE2
REGULATORY REQUIREMENTS FOR SAFE DRINKING WATER ;3
(III) C
OMPACT INFILL DEVELOPMENT REDUCES WATER DEMAND4
AND INFRASTRUCTURE COSTS THROUGH THE USE OF SHORTER PIPES THAT5
REDUCE LOSSES, LESS LANDSCAPED SPACE PER UNIT , AND BY BETTER6
UTILIZING EXISTING INFRASTRUCTURE;7
(IV) W
ATER MAIN BREAKS ARE VISIBLE AND DISRUPTIVE8
MANIFESTATIONS OF THE MORE WIDESPREAD PHENOMENON OF LEAKAGE9
FROM WATER SYSTEMS;10
(V) L
EAKAGE OF DRINKING WATER FROM WATER DISTRIBUTION11
SYSTEMS ADDS TO THE COST OF SERVICE TO CUSTOMERS AND MAY LEAD12
TO INCREASED RAW WATER DEMANDS THAT NEGATIVELY IMPACT THE13
NATURAL ENVIRONMENT ;14
(VI) T
HE FAILURE TO RECOVER REVENUE FROM WATER DELIVERED15
TO USERS DUE TO METERING AND BILLING INACCURACIES AND THEFT ALSO16
INCREASES THE COST PER UNIT OF WATER THAT IS BILLED TO CUSTOMERS ;17
(VII) T
HE AMERICAN WATER WORKS ASSOCIATION, A NATIONAL18
ASSOCIATION OF DRINKING WATER UTILITIES AND PROFESSIONALS , HAS19
RECOMMENDED THAT DRINKING WATER SUPPLIERS CONDUCT AN AUDIT OF20
WATER LOSSES ON AN ANNUAL BASIS ;21
(VIII) T
HE AMERICAN WATER WORKS ASSOCIATION HAS22
PUBLISHED SOFTWARE FOR USE IN CATEGORIZING AND REPORTING WATER23
LOSSES AND HAS MADE THIS SOFTWARE AVAILABLE WITHOUT CHARGE ;24
(IX) S
EVERAL STATES NOW RECOMMEND OR REQUIRE THAT PUBLIC25
WATER SUPPLIERS UNDER THEIR JURISDICTIONS CONDUCT AN AUDIT OF26
WATER LOSSES EACH YEAR USING THE STANDARDIZED TERMS AND27
SB23-213
-98- METHODS PUBLISHED BY THE AMERICAN WATER WORKS ASSOCIATION;1
AND2
(X) R
EGULAR AUDITING OF WATER LOSSES IS A NECESSARY3
FOUNDATION FOR THE ADOPTION OF COST -EFFECTIVE STRATEGIES TO4
REDUCE THE AMOUNTS OF LOST WATER AND REVENUE TO ECONOMICALLY5
REASONABLE LEVELS.6
(c) Definitions. A
S USED IN THIS SUBSECTION (13), UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(I) "V
ALIDATION" MEANS THE PROCESS WHEREBY A COVERED9
ENTITY USES A TECHNICAL EXPERT TO CONFIRM THE BASIS OF ALL DATA10
ENTRIES IN THE COVERED ENTITY'S WATER LOSS AUDIT REPORT AND TO11
APPROPRIATELY CHARACTERIZE THE QUALITY OF THE REPORTED DATA .12
T
HE VALIDATION PROCESS MUST FOLLOW THE PRINCIPLES AND13
TERMINOLOGY LAID OUT BY THE AMERICAN WATER WORKS ASSOCIATION14
IN THE LATEST EDITION OF "WATER AUDITS AND LOSS CONTROL15
P
ROGRAMS", MANUAL M36, AND IN THE AMERICAN WATER WORKS16
A
SSOCIATION'S FREE WATER AUDIT SOFTWARE. A VALIDATED WATER LOSS17
AUDIT REPORT MUST INCLUDE THE NAME AND TECHNICAL QUALIFICATIONS18
OF THE PERSON ENGAGED FOR VALIDATION .19
(II) "W
ATER LOSS" MEANS THE DIFFERENCE BETWEEN THE ANNUAL20
VOLUME OF WATER ENTERING A WATER DISTRIBUTION SYSTEM AND THE21
ANNUAL VOLUME OF METERED AND UNMETERED WATER TAKEN BY22
REGISTERED CUSTOMERS, THE WATER SUPPLIER, AND OTHERS WHO ARE23
IMPLICITLY OR EXPLICITLY AUTHORIZED TO DO SO . "WATER LOSS"24
INCLUDES THE ANNUAL VOLUMES LOST THROUGH ALL TYPES OF LEAKS ,25
BREAKS, AND OVERFLOWS ON MAINS, SERVICE RESERVOIRS, AND SERVICE26
CONNECTIONS UP TO THE POINT OF CUSTOMER METERING IN ADDITION TO27
SB23-213
-99- UNAUTHORIZED CONSUMPTION , ALL TYPES OF METERING INACCURACIES,1
AND SYSTEMIC DATA-HANDLING ERRORS.2
(d) Water loss program requirements. (I) N
O LATER THAN3
J
ANUARY 1, 2025, THE BOARD SHALL ADOPT GUIDELINES FOR THE4
FOLLOWING:5
(A) T
HE CONDUCT OF STANDARDIZED WATER LOSS AUDITS BY6
COVERED ENTITIES IN ACCORDANCE WITH THE METHOD ADOPTED BY THE7
A
MERICAN WATER WORKS ASSOCIATION IN THE MOST CURRENT EDITION8
OF "WATER AUDITS AND LOSS CONTROL PROGRAMS", MANUAL M36 AND9
IN THE AMERICAN WATER WORKS ASSOCIATION'S FREE WATER AUDIT10
SOFTWARE;11
(B) T
HE PROCESS FOR WATER LOSS AUDIT REPORT VALIDATION12
PRIOR TO SUBMITTING THE REPORT TO THE BOARD ;13
(C) T
HE TECHNICAL QUALIFICATIONS REQUIRED FOR A PERSON TO14
ENGAGE IN VALIDATION;15
(D) T
HE CERTIFICATION REQUIREMENTS FOR A PERSON SELECTED16
BY A COVERED ENTITY TO PROVIDE VALIDATION OF ITS OWN WATER LOSS17
AUDIT REPORT;18
(E) T
HE METHOD OF SUBMITTING A WATER LOSS AUDIT REPORT TO19
THE BOARD; AND20
(F) P
ROCEDURES FOR THE ACCEPTANCE OF WATER LOSS AUDIT21
REPORTS VOLUNTARILY SUBMITTED BY WATER SUPPLIERS THAT ARE NOT22
COVERED ENTITIES.23
(II) T
HE BOARD SHALL UPDATE THE GUIDELINES ADOPTED24
PURSUANT TO SUBSECTION (13)(d)(I) OF THIS SECTION NO LATER THAN SIX25
MONTHS AFTER THE RELEASE OF ANY SUBSEQUENT EDITIONS OF THE26
A
MERICAN WATER WORKS ASSOCIATION'S "WATER AUDITS AND LOSS27
SB23-213
-100- CONTROL PROGRAMS", MANUAL M36.1
(III) N
O LATER THAN JUNE 30, 2025, EACH COVERED ENTITY SHALL2
SUBMIT A COMPLETED AND VALIDATED WATER LOSS AUDIT REPORT FOR3
THE PREVIOUS CALENDAR YEAR AS PRESCRIBED BY THE BOARD PURSUANT4
TO SUBSECTION (13)(d)(I) OF THIS SECTION. FOR REPORTS SUBMITTED IN5
SUBSEQUENT YEARS, EACH COVERED ENTITY SHALL SUBMIT A COMPLETED6
AND VALIDATED WATER LOSS AUDIT REPORT COVERING THE PREVIOUS7
CALENDAR YEAR NO LATER THAN JUNE 30.8
(IV) E
ACH WATER LOSS AUDIT REPORT SUBMITTED TO THE BOARD9
MUST BE ACCOMPANIED BY INFORMATION , IN A FORM SPECIFIED BY THE10
BOARD, IDENTIFYING STEPS TAKEN IN THE PRECEDING YEAR TO REDUCE11
THE VOLUME OF WATER LOSSES .12
(V) A
T LEAST ONE OF THE FOLLOWING EMPLOYEES OF A COVERED13
ENTITY SHALL ATTEST TO EACH WA TER LOSS AUDIT SUBMITTED TO THE14
BOARD:15
(A) T
HE CHIEF FINANCIAL OFFICER;16
(B) T
HE CHIEF ENGINEER; OR17
(C) T
HE GENERAL MANAGER .18
(VI) T
HE BOARD SHALL DEEM INCOMPLETE AND RETURN TO THE19
COVERED ENTITY ANY FINAL WATER LOSS AUDIT REPORT FOUND BY THE20
BOARD TO BE INCOMPLETE , NOT VALIDATED , UNATTESTED, OR21
INCONGRUENT WITH KNOWN CHARACTERISTICS OF WATER SYSTEM22
OPERATIONS. A COVERED ENTITY SHALL RESUBMIT A COMPLETED WATER23
LOSS AUDIT REPORT WITHIN NINETY DAYS AFTER THE BOARD RETURNS A24
SUBMISSION UNDER THIS SUBSECTION (13)(d)(VI).25
(VII) V
ALIDATED WATER LOSS AUDIT REPORTS ARE PUBLIC26
RECORDS AS DEFINED IN SECTION 24-72-202 (6).27
SB23-213
-101- (VIII) NO SOONER THAN JANUARY 1, 2027, AND NO LATER THAN1
J
ULY 1, 2028, THE BOARD, HAVING TAKEN VALIDATED WATER LOSS2
REPORTS INTO CONSIDERATION , SHALL ADOPT GUIDELINES THAT3
ESTABLISH A SCORE THAT A COVERED ENTITY'S VALIDATED AUDIT REPORT4
SHOULD ATTAIN.5
(e) Technical and financial assistance. U
SING MONEY6
AVAILABLE IN THE WATER EFFICIENCY GRANT PROGRAM CASH FUND7
CREATED IN SUBSECTION (12) OF THIS SECTION, THE BOARD MAY:8
(I) A
WARD GRANTS TO COVERED ENTITIES IN FISCAL YEARS9
2023-24
AND 2025-26 FOR THE PURPOSE OF PROCURING WATER LOSS10
AUDIT REPORT VALIDATION ASSISTANCE ; AND11
(II) C
ONTRIBUTE TOWARDS PROCURING WATER LOSS AUDIT12
VALIDATION ASSISTANCE FOR COVERED ENTITIES AND PROVIDE TECHNICAL13
TRAINING AND ASSISTANCE TO GUIDE COVERED ENTITIES ' WATER LOSS14
DETECTION PROGRAMS , INCLUDING METERING TECHNIQUES , PRESSURE15
MANAGEMENT TECHNIQUES , CONDITION-BASED ASSESSMENT TECHNIQUES16
FOR TRANSMISSION AND DISTRIBUTION PIPELINES , AND UTILIZATION OF17
PORTABLE AND PERMANENT WATER LOSS DETECTION DEVICES .18
SECTION 15. In Colorado Revised Statutes, 38-33.3-106.5, add19
(3) as follows:20
38-33.3-106.5. Prohibitions contrary to public policy -21
patriotic, political, or religious expression - public rights-of-way - fire22
prevention - renewable energy generation devices - affordable23
housing - drought prevention measures - child care - definitions.24
(3) (a) N
OTWITHSTANDING ANY PROVISION IN THE DECLARATION ,25
BYLAWS, OR RULES AND REGULATIONS OF THE ASSOCIATION TO THE26
CONTRARY, AN ASSOCIATION SHALL NOT PROHIBIT ACCESSORY DWELLING27
SB23-213
-102- UNITS, MIDDLE HOUSING, HOUSING IN TRANSIT-ORIENTED AREAS, AND1
HOUSING IN KEY CORRIDORS. ANY SUCH PROHIBITION ON THE PERMITTING2
OF ACCESSORY DWELLING UNITS OR MIDDLE HOUSING IS VOID AS A3
MATTER OF PUBLIC POLICY IN ANY WAY THAT IS PROHIBITED BY ARTICLE4
33
OF TITLE 29.5
(b) A
S USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT6
OTHERWISE REQUIRES:7
(I) "A
CCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET8
FORTH IN SECTION 29-33-102 (2).9
(II) "K
EY CORRIDORS" HAS THE SAME MEANING AS SET FORTH IN10
SECTION 29-33-502 (3).11
(III) "M
IDDLE HOUSING" HAS THE SAME MEANING AS SET FORTH IN12
SECTION 29-33-102 (18).13
(IV) "T
RANSIT-ORIENTED AREA" HAS THE SAME MEANING AS SET14
FORTH IN SECTION 29-33-102 (36).15
SECTION 16. In Colorado Revised Statutes, 43-1-106, amend16
(15)(d) as follows:17
43-1-106. Transportation commission - powers and duties -18
rules - definitions - efficiency and accountability committee. (15) In19
addition to any other duties required by law, the commission shall have20
the following charges:21
(d) To study and make recommendations for existing and future22
transportation systems in Colorado with a focus of such study and23
recommendations being a ten-year plan for each mode of transportation.24
Such
THE ten-year plan shall MUST be based on what can be reasonably25
expected to be implemented with the estimated revenues which are likely26
to be available
AND MUST INCLUDE PRIORITIZATION CRITERIA THAT ARE27
SB23-213
-103- CONSISTENT WITH STATE STRATEGIC GROWTH OBJECTIVES FOR1
REGIONALLY SIGNIFICANT TRANSPORTATION PROJECTS .2
SECTION 17. In Colorado Revised Statutes, 43-1-113, add (20)3
as follows:4
43-1-113. Funds - budgets - fiscal year - reports and5
publications. (20) B
EFORE DECEMBER 31, 2024, THE DEPARTMENT6
SHALL ENSURE THAT THE PRIORITIZATION CRITERIA FOR ANY GRANT7
PROGRAM ADMINISTERED BY THE DEPARTMENT ARE CONSISTENT WITH8
STATE STRATEGIC GROWTH OBJECTIVES , SO LONG AS DOING SO DOES NOT9
VIOLATE FEDERAL LAW.10
SECTION 18. In Colorado Revised Statutes, 43-1-1103, amend11
(5)(i) and (5)(j); and add (2.5) and (5)(k) as follows:12
43-1-1103. Transportation planning. (2.5) B
EGINNING13
D
ECEMBER 31, 2024, ANY REGIONAL TRANSPORTATION PLAN THAT IS14
CREATED OR UPDATED MUST ADDRESS AND ENSURE CONSISTENCY WITH15
STATE STRATEGIC GROWTH OBJECTIVES AS DETERMINED IN SECTION16
29-33-107.17
(5) The department shall integrate and consolidate the regional18
transportation plans for the transportation planning regions into a19
comprehensive statewide transportation plan. The formation of the state20
plan shall be accomplished through a statewide planning process set by21
rules and regulations promulgated by the commission. The state plan shall22
address but shall not be limited to the following factors:23
(i) Effective, efficient, and safe freight transport; and
24
(j) Reduction of greenhouse gas emissions;
AND25
(k) B
EGINNING DECEMBER 31, 2024, ADDRESS AND ENSURE26
CONSISTENCY WITH STATE STRATEGIC GROWTH OBJECTIVES .27
SB23-213
-104- SECTION 19. In Colorado Revised Statutes, 43-4-1103, add1
(2)(e) as follows:2
43-4-1103. Multimodal transportation options fund - creation3
- revenue sources for fund - use of fund. (2) (e) O
N AND AFTER4
D
ECEMBER 31, 2024, EXPENDITURES FOR LOCAL AND STATE MULTIMODAL5
PROJECTS FROM THE MULTIMODAL TRANSPORTATION OPTIONS F UND SHALL6
ONLY BE MADE FOR MULTIMODAL PROJECTS THAT THE DEPARTMENT7
DETERMINES ARE CONSISTENT WITH STATE STRATEGIC GROWTH8
OBJECTIVES.9
SECTION 20. Appropriation. For the 2023-24 state fiscal year,10
$15,000,000 is appropriated to the housing plans assistance fund created11
in section 29-33-111 (3), C.R.S. This appropriation is from the general12
fund. The department of local affairs is responsible for the accounting13
related to this appropriation.14
SECTION 21. Safety clause. The general assembly hereby finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety.17
SB23-213
-105-