First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0890.01 Pierce Lively x2059
SENATE BILL 23-213
Senate Committees House Committees
Local Government & Housing Transportation, Housing & Local Government
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING STATE LAND USE REQUIREMENTS , AND, IN CONNECTION101
THEREWITH, MAKING AN APPROPRIATION .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
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
HOUSE
Amended 2nd Reading
May 4, 2023
SENATE
3rd Reading Unamended
April 28, 2023
SENATE
Amended 2nd Reading
April 27, 2023
SENATE SPONSORSHIP
Moreno, Exum, Gonzales, Hansen, Jaquez Lewis, Priola
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. 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
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;
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-2- ! 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
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
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-3- 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
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
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-4- 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
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
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-5- 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
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
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-6- 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.
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
213-7- population increasing by a similar amount in each decade. The state has1
an unmet housing need, as of 2022, of between sixty-five thousand and2
ninety thousand units, according to the state demographer;3
(D) Many cities restrict the development of more compact4
affordable home types, such as accessory dwelling units, townhomes,5
duplexes, and multifamily homes, on most of their residential land;6
(E) Older adults represent the fastest growing segment of7
Colorado's population and have diverse housing needs that are not being8
adequately met in the current housing market, including the need for more9
accessible and affordable housing units built with universal design and10
located within age-friendly communities. The housing and land use11
policies of the state must be informed by the findings and12
recommendations of the strategic action plan on aging, developed13
pursuant to section 24-32-3406, prior to the repeal of that section, and the14
lifelong Colorado initiative created in section 26-11-302, including the15
eight realms of livable and age-friendly communities.16
(F) The ten largest municipalities in the Denver metropolitan area17
allow single-unit detached dwellings as a use by right on over eighty-five18
percent of their residential land, compared to allowing as a use by right19
an estimated twenty-four percent of their residential land for accessory20
dwelling units, thirty-three percent of their residential land for21
townhomes, thirty-one percent of their residential land for duplexes up to22
quadplexes, and thirty-five percent of their residential land for23
multifamily homes, according to publicly available zoning data;24
(G) The ten largest municipalities in the Denver metropolitan area25
require a minimum lot size of over five thousand square feet on more than26
half of their residential land, according to publicly available zoning data;27
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-8- (H) These types of common zoning practices make it difficult to1
build more affordable home types and have historically been used to2
exclude low-income residents and renters;3
(I) To stabilize housing prices and ensure development of housing4
to meet the state's growing need, the state must increase its housing5
supply to address the unmet housing need from the past decade and plan6
for future household growth; and7
(J) Displacement from low-income neighborhoods has occurred8
in Colorado under current land use regulations as housing rents and prices9
have increased faster than wages, which has fundamentally changed the10
demographics of some areas. These pressures have led to both direct11
displacement of individual households from homes they can no longer12
afford and indirect displacement as the result of changes in the13
neighborhood population as low-income residents move out and the14
vacated units are no longer affordable to similar households. As the state15
and local governments seek to increase housing options and affordability,16
it is essential to take steps to mitigate further displacement and enable17
residents to stay in their neighborhoods if they wish.18
(II) Therefore, the general assembly finds, determines and19
declares that the lack of housing is a critical problem that threatens the20
economic, environmental, and social quality of life in Colorado.21
(b) (I) The general assembly finds and declares that:22
(A) The consequences of land use policies that limit housing23
supply and diversity include a lack of housing that is affordable to24
Coloradans of low and moderate incomes, a lack of housing to support25
employment growth, an imbalance in jobs and housing, segregated and26
unequal communities, reduced mobility and long commutes, reduced27
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-9- options for older adults to age in their community of choice, loss of open1
space and agricultural land, high water usage, and increased greenhouse2
gas and air pollution;3
(B) When a local government's policies reduce and limit the4
supply of housing, neighboring local governments are also affected by5
more people seeking affordable housing; and6
(C) People are not able to live near where they work, leading to7
longer commutes, putting additional strain on Colorado's roads, and8
increasing pollution.9
(II) Therefore, the general assembly finds, determines, and10
declares that the lack of housing supply and unsustainable development11
patterns are partially caused by local government policies that effectively12
limit the construction of a diverse range of housing types in areas already13
served by infrastructure or in close proximity to jobs and public transit.14
(c) (I) The general assembly further finds and declares that the15
general assembly and the people of Colorado have made historic16
investments in affordable housing, including the following:17
(A) In 2021 and 2022, the general assembly approved close to one18
billion dollars for affordable housing investments funded primarily by the19
federal "American Rescue Plan Act of 2021", Pub.L. 117-2, and the20
general fund; and21
(B) In the November 2022 election, Colorado voters approved22
Proposition 123, which will dedicate an estimated three hundred million23
dollars per year to affordable housing.24
(II) Therefore, the general assembly finds, determines, and25
declares that, coupled with historic investments in affordable housing,26
reforms to local land use regulations can accelerate an increase in housing27
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-10- supply that is affordable at all income levels and accessible for people of1
all ages and abilities.2
(A) National studies, such as the article "Relationships between3
Density and per Capita Municipal Spending in the United States",4
published in Urban Science, have found that lower density communities5
have higher government capital and maintenance costs for water, sewer,6
and transportation infrastructure, and lower property and sales tax7
revenues. These increased costs are often borne by both state and local8
governments.9
(B) A study for a rural resort municipality in Colorado found that10
doubling the average residential density for future growth would save11
thirty-one percent in capital and maintenance costs over twenty years.12
(2) The general assembly finds and declares that the availability13
of affordable housing is a matter of mixed statewide and local concern.14
Therefore, it is the intent of the general assembly in enacting this act to:15
(a) Create a more consistent ability statewide to develop a variety16
of housing types, limit the ability of local governments to reduce density17
or render infeasible housing development projects that can address the18
state's housing shortage for all parts of the income spectrum, and support19
more fiscally and environmentally sustainable development patterns;20
(b) Improve regional collaboration and outcomes by reducing the21
ability of individual local governments' land use restrictions to negatively22
influence regional concerns such as housing affordability, open space,23
traffic, and air pollution; and24
(c) Increase housing supply, allow more compact development,25
encourage more affordable housing, encourage more environmentally and26
fiscally sustainable development patterns, encourage housing patterns that27
213
-11- conserve water resources, and encourage housing units that are located in1
close proximity to public transit, places of employment, and everyday2
needs.3
(3) In finding and declaring that land use policies that affect4
housing supply are matters of mixed statewide and local concern, the5
general assembly finds and declares that there is a need for uniformity in6
policies that affect housing supply because:7
(a) The state has an interest in planning for future growth. The8
state demographer estimates that between 2023 and 2030 the state will9
add an average of thirty-five thousand households per year, and that10
between 2030 and 2040 the state will add an additional twenty-nine11
thousand six hundred households per year. According to the state12
demographer, households headed by a household age sixty-five and above13
are expected to increase by 197,000 from 2020 to 2030, meaning over14
half of the growth in households across the state is expected to be15
households over sixty-five.16
(b) Housing supply impacts housing affordability. Housing prices17
are typically higher when housing supply is restricted by local land use18
regulations in the metropolitan region, according to studies such as the19
National Bureau of Economic Research's working papers "Regulation and20
Housing Supply", "The Impact of Zoning on Housing Affordability", and21
"The Impact of Local Residential Land Use Restrictions on Land Values22
Across and Within Single Family Housing Markets".23
(c) Increasing housing supply moderates price increases and24
improves housing affordability across all incomes, according to studies25
such as "The Economic Implications of Housing Supply" in the Journal26
of Economic Perspectives and "Supply Skepticism: Housing Supply and27
213
-12- Affordability" in Housing Policy Debate;1
(d) Academic research such as "The Impact of Building2
Restrictions on Housing Affordability" in the Federal Reserve Bank of3
New York Economic Policy Review has identified zoning and other land4
use controls as a primary driver of rising housing costs in the most5
expensive housing markets;6
(e) Local land use regulations influence what types of housing are7
built throughout the state and can restrict more affordable housing8
options;9
(f) Between 2000 and 2019, over seventy percent of homes built10
in Colorado were single-unit detached dwellings, while less than three11
percent of homes were duplexes to quadplexes, and less than twenty-five12
percent of homes were homes in multifamily buildings with five or more13
units, according to the American Community Survey;14
(g) Middle housing and multifamily housing types are more15
affordable than detached dwellings, in part because land costs are shared16
between more households;17
(h) In 2019, Colorado duplexes and larger multifamily housing18
units cost between fourteen to forty-three percent less to own, and19
between nine to twenty-six percent less to rent, than single-unit detached20
dwellings depending on the type of housing, according to the American21
Community Survey;22
(i) Proposed market-rate and affordable housing projects are23
routinely delayed or denied due to discretionary and subjective political24
processes and land use regulations that limit denser development either25
directly or indirectly;26
(j) According to a 2022 article titled "Does Discretion Delay27
213
-13- Development?", in the American Planning Association Journal,1
residential projects using by-right approval processes are approved2
twenty-eight percent faster than those using discretionary approval3
processes, and faster approval times reduce developer costs and therefore4
housing costs;5
(k) Compact housing types such as duplexes, townhomes, and6
multifamily homes also use significantly less energy for heating, cooling,7
and electricity than detached dwellings, which saves residents money and8
results in lower emissions;9
(l) In Colorado, household energy savings range from forty10
percent less for townhomes to seventy percent less for larger multifamily11
homes compared to single-unit detached dwellings, according to12
residential housing stock data from the National Renewable Energy13
Laboratory;14
(m) The state has an interest in ensuring economic mobility by15
increasing affordable housing opportunities throughout the state:16
(I) Researchers have demonstrated that restrictive local land use17
regulations help explain segregation income within metropolitan areas,18
which leads to disparate incomes and access to opportunities;19
(II) In Colorado, households with the lowest incomes experienced20
the highest rates of housing cost burden, according to the American21
Community Survey;22
(III) Housing costs can dictate the quality of a child's education,23
and the highest performing schools are located in areas with the highest24
housing costs;25
(IV) According to a Brookings Institution report entitled "Housing26
Costs, Zoning, and Access to High Scoring Schools" that analyzed the27
213
-14- one hundred largest metropolitan areas in the United States, housing costs1
an average of two and four-tenths times as much near a high-scoring2
public school than near a low-scoring one. The same study found that3
metro areas with the least restrictive zoning have housing cost gaps4
between high-scoring and low-scoring schools that are sixty-three percent5
lower than metro areas with the most restrictive zoning.6
(V) Researchers have also found that upward mobility is7
significantly greater in more compact development areas than in low8
density areas, primarily due to better job accessibility by multiple9
transportation modes, according to the study "Does urban sprawl hold10
down upward mobility?", published in the journal of Landscape and11
Urban Planning.12
(VI) Nationwide, cities with the highest housing costs and lowest13
vacancy rates experience the highest rates of homelessness, according to14
a report by the Urban Institute, "Unsheltered Homelessness Trends,15
Characteristics, and Homeless Histories". These indicators explain a16
greater portion of the variation in regional rates of homelessness than17
other commonly assumed factors, such as poverty rate, substance use, or18
mental illness, according to a study in the European Journal of Housing19
Policy, "The Economics of Homelessness: The Evidence from North20
America".21
(VII) Through legislation such as House Bill 21-1266 and Senate22
Bill 21-272, the state has made significant efforts to identify23
disproportionately impacted communities and to prioritize benefits to24
these communities;25
(VIII) Researchers in the article "Housing Constraints and Spatial26
Misallocation", in the American Economic Journal, found that restrictions27
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-15- on new housing supply in high productivity places limit the number of1
workers who have access to jobs in those places, which over the past2
several decades they estimate has lowered aggregate economic growth in3
the United States by thirty-six percent;4
(IX) Researchers in the study "Unaffordable Housing and Local5
Employment Growth", published by the Federal Reserve Bank of Boston,6
found that metropolitan areas in the United States and counties with lower7
housing affordability experience significantly less employment growth;8
and9
(X) Within regions, national surveys have found that a lack of10
affordable housing within a reasonable commuting distance impacts11
businesses' ability to attract and retain workers, according to a literature12
review conducted by the Center for Housing Policy; and13
(n) The state has an interest in advancing efficient water use, and14
local government decisions that encourage dispersed, low density15
development negatively affect the state's water supply:16
(I) Efficient water use is essential for creating vibrant17
communities that balance water supply and demand needs to create a18
sustainable urban landscape, according to the vision laid out in the19
Colorado water plan;20
(II) Compact infill development reduces water demand and21
infrastructure costs through shorter pipes that reduce losses, less22
landscaped space per unit, and better use of existing infrastructure; and23
(III) Compared to a single-unit detached dwelling, accessory24
dwelling units use twenty-two percent less water, small multifamily25
homes sixty-three percent less, and larger multifamily homes eighty-six26
percent less, based on data from Denver and Aurora water users analyzed27
213
-16- for the Colorado water and growth dialogue Final Report in 2018.1
(4) (a) The general assembly finds and declares that there is an2
extraterritorial impact when local governments enact local ordinances that3
have impacts that cross jurisdictional lines because:4
(I) Local restrictions on housing push people further from their5
work and increase driving commute times;6
(II) Communities with the most restrictive local land use7
regulations often enable job growth while limiting the ability of housing8
growth to keep pace, which affects the pace of housing development in9
neighboring jurisdictions. This results in regional imbalances between10
jobs and housing that researchers have found have a significant impact on11
vehicle miles traveled and commute times, according to studies such as12
"Which Reduces Vehicle Travel More: Jobs-Housing Balance or13
Retail-Housing Mixing?", published in the Journal of the American14
Planning Association.15
(III) In the ten rural resort municipalities with the highest jobs to16
housing ratios in the state, over ninety percent of workers commute from17
other jurisdictions, according to housing data from the 2020 federal18
decennial Census and jobs and commuting data from the Longitudinal19
Employer-Household Dynamics Origin-Destination Employment Dataset20
from the Census;21
(IV) The ten rural resort municipalities with the highest jobs to22
housing ratios in the state added eighteen percent fewer housing units per23
capita and their commute times for workers were seventeen percent24
longer on average than jurisdictions in rural resort counties as a whole,25
according to data from the 2020 federal decennial Census, American26
Community Survey, and the Longitudinal Employer-Household Dynamics27
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-17- Origin-Destination Employment Dataset from the Census;1
(V) Nationwide, the number of jobs within the typical commute2
distance for residents in major metropolitan areas has declined over time3
according to a report by the Brookings Institution titled "The Growing4
Distance Between People and Jobs in Metropolitan America";5
(VI) Coloradans drive more miles per person than they used to, in6
part due to dispersed, low-density development patterns, putting stress on7
transportation infrastructure and increasing household costs;8
(VII) Since 1981, per capita vehicle miles traveled in Colorado9
have risen by over twenty percent according to data from the Federal10
Highway Administration;11
(VIII) High transportation costs impact low-income households12
in particular, with households making less than forty-thousand dollars per13
year in the western United States spending over twenty-four percent of14
their income on transportation, when spending more than fifteen percent15
of income on transportation is considered cost burdened, according to16
data from the Bureau of Labor Statistics Consumer Expenditure Surveys;17
and18
(IX) In Colorado, households in more dense areas, census tracts19
with more than four thousand units per square mile or about fifteen units20
per acre, drive twenty percent less than the state average, and higher21
density areas, census tracts with more than ten thousand units per square22
mile or about forty units per acre, drive forty percent less than the state23
average, according to data from the 2017 National Household Travel24
Survey; and25
(b) The increase in vehicle traffic due to local land use restrictions26
also has an environmental extraterritorial impact:27
213
-18- (I) Vehicle traffic, which increases when land use patterns are1
more dispersed, contributes twenty percent of nitrogen oxides emissions,2
a key ozone precursor, according to the Executive Summary of the3
Moderate Area Ozone SIP for the 2015 Ozone NAAQS by the Regional4
Air Quality Council;5
(II) The United States environmental protection agency has6
classified the Denver Metro/North Front Range area as being in severe7
non-attainment for ozone and ground level ozone, which has serious8
impacts on human health, particularly for vulnerable populations;9
(III) According to the greenhouse gas pollution reduction10
roadmap, published by the Colorado energy office and dated January 14,11
2021, the transportation sector is the single largest source of greenhouse12
gas pollution in Colorado;13
(IV) Nearly sixty percent of the greenhouse gas emissions from14
the transportation sector come from light-duty vehicles, the majority of15
cars and trucks that Coloradans drive every day;16
(V) As part of the greenhouse gas pollution reduction roadmap,17
a strategic action plan to achieve legislatively adopted targets of reducing18
greenhouse gas pollution economy-wide by fifty percent below 200519
levels by 2030 and ninety percent by 2050, the state committed to20
reducing emissions from the transportation sector by forty-one percent by21
2030 from a 2005 baseline;22
(VI) The Greenhouse Gas Transportation Planning Standard23
adopted by the Transportation Commission in 2021 set a target to reduce24
transportation greenhouse gas emissions through the transportation25
planning process by one million five hundred thousand tons by 2030;26
(VII) Local government land use decisions that require a27
213
-19- minimum amount of parking spaces beyond what is necessary to meet1
market demand increase vehicle miles traveled and associated greenhouse2
gas emissions. According to the UCLA Institute of Transportation Studies3
article titled "What Do Residential Lotteries Show Us About4
Transportation Choices", higher amounts of free parking provided in5
residential developments cause higher rates of vehicle ownership, higher6
rates of vehicle miles traveled, and less frequent transit use.7
(VIII) Local government land use decisions that require a8
minimum amount of parking spaces increase the cost of new residential9
projects, which increases housing costs. According to the Regional10
Transportation District study "Residential Parking in Station Areas: A11
Study of Metro Denver", structured parking spaces in the Denver12
metropolitan areas cost twenty-five thousand dollars each to build in13
2020, and use space which would otherwise be used for revenue14
generating residential units, decreasing the profitability of residential15
development. As a result, parking requirements may discourage16
developers from building new residential projects, or, if they do move17
forward with projects, force them to recoup the costs of building18
excessive parking by increasing housing prices.19
(5) (a) Local land use policies that encourage dispersed, low20
density development have an impact on open space and agricultural land,21
and exposure to climate hazards outside of their jurisdictional limits:22
(I) A study of urbanized areas in the United States, "The Effect of23
Land-Use Controls on the Spatial Size of U.S. Urbanized Areas", in the24
Journal of Regional Science, found that the presence of density25
restrictions such as minimum lot sizes and floor area ratio limits result in26
larger urbanized areas;27
213
-20- (II) Enabling denser housing near transit and in already developed1
areas can limit continued loss of agricultural and natural lands;2
(III) Between 1982 and 2017, Colorado lost over twenty-five3
percent of its agricultural cropland, according to data from the National4
Resources Inventory published by the United States department of5
agriculture, and, over the same time period, the size of urban and built-up6
areas grew faster than the population by over one hundred percent7
compared to eighty-three percent;8
(IV) Encouraging growth in infill locations is an important9
strategy for minimizing wildfire risk by limiting the growth of households10
in fire-prone areas; and11
(V) Between 2012 and 2017, the number of people living in the12
wildland-urban interface increased by nearly fifty percent according to the13
Colorado state forest service.14
(b) Therefore, the general assembly finds, determines and declares15
that local government land use decisions that limit housing and encourage16
dispersed low-density development impact local and state government17
fiscal health and the business community.18
(c) The general assembly also declares that the development and19
use of land is a matter of mixed statewide and local concern. 20
SECTION 2. In Colorado Revised Statutes, add article 33 to title21
29 as follows:22
ARTICLE 33 23
State Land Use Requirements For Affordable Housing24
PART 125
HOUSING NEEDS PLANNING26
29-33-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
27
213
-21- HEREBY FINDS, DETERMINES, AND DECLARES THAT:1
(a) C
OLORADO LACKS A COORDINATED PROCESS TO SET GOALS ,
2
DEVELOP SOLUTIONS , AND TRACK PROGRESS TOWARDS MEETING3
STATEWIDE, REGIONAL, AND LOCAL HOUSING NEEDS;4
(b) C
ONSISTENT INFORMATION ABOUT STATEWIDE , REGIONAL, AND
5
LOCAL HOUSING NEEDS IS ESSENTIAL IN DEVELOPING EQUITABLE AND6
EFFECTIVE HOUSING POLICIES AND STRATEGIES AND IMPROVING EFFORTS7
TO INCREASE HOUSING AFFORDABILITY OVER TIME ;8
(c) H
OUSING MARKETS EXPAND BEYOND THE BORDERS OF
9
INDIVIDUAL LOCAL GOVERNMENTS , AND INFORMATION IS REQUIRED ON A10
LOCAL, REGIONAL, AND STATEWIDE SCALE TO MAKE A HOLISTIC PLAN FOR11
ADDRESSING HOUSING NEEDS ;12
(d) A
LTHOUGH SOME LOCAL GOVERNMENTS WORK TO ASSESS AND
13
ADDRESS HOUSING NEEDS, THESE LOCAL GOVERNMENTS USE DIFFERENT14
METHODOLOGIES, DO THIS WORK AT DIFFERENT TIMES , AND LACK15
REGIONAL COORDINATION;16
(e) A
LTHOUGH SOME LOCAL GOVERNMENTS WORK TO BECOME
17
AGE-FRIENDLY COMMUNITIES , THESE LOCAL GOVERNMENTS USE18
DIFFERENT APPROACHES TO ADDRESS OLDER ADULT HOUSING NEEDS , AND19
MANY LOCAL GOVERNMENTS DO NOT SPECIFICALLY PLAN FOR STRATEGIES20
TO ADDRESS OLDER ADULT HOUSING NEEDS . OLDER ADULTS REPRESENT21
THE FASTEST GROWING SEGMENT OF COLORADO'S POPULATION AND HAVE22
DIVERSE HOUSING NEEDS. LOCAL GOVERNMENTS THAT DO NOT PLAN TO23
ADEQUATELY MEET THE NEED FOR MORE ACCESSIBLE AND AFFORDABLE24
HOUSING UNITS BUILT WITH UNIVERSAL DESIGN AND LOCATED WITHIN AGE25
FRIENDLY COMMUNITIES, CONTRIBUTE TO AN IMBALANCE IN THE LOCAL ,26
REGIONAL, AND STATEWIDE HOUSING MARKETS .27
213
-22- (f) LOCAL GOVERNMENTS THAT DO NOT ALLOW HOUSING SUPPLY1
TO KEEP PACE WITH HOUSEHOLD AND JOB GROWTH AND CHANGING2
DEMOGRAPHICS IN THEIR JURISDICTIONS EXPORT THEIR HOUSING NEEDS TO3
NEIGHBORING COMMUNITIES , CAUSING REGIONAL IMBALANCES THAT4
IMPACT EQUITY, POLLUTION, INFRASTRUCTURE COSTS, AND QUALITY OF5
LIFE;6
(g) R
EQUIRING LOCAL GOVERNMENTS TO PLAN FOR AND
7
IMPLEMENT STRATEGIES TO MEET AN EQUITABLE AMOUNT OF THEIR8
REGION'S HOUSING DEMAND WILL HELP MITIGATE THESE IMBALANCES AND9
THEIR NEGATIVE IMPACTS;10
(h) T
HE STATE MANAGES MULTIPLE GRANT -BASED PROGRAMS
11
DESIGNED TO HELP LOCAL GOVERN MENTS ASSESS AND MEET HOUSING12
NEEDS, AND THESE PROGRAMS WILL BE ABLE TO MORE EFFECTIVELY13
ADDRESS HOUSING ISSUES WITH MORE COMPREHENSIVE AND CONSISTENT14
INFORMATION INFORMED BY REGIONAL AND STATEWIDE DATA ; 15
(i) T
HE AFFORDABLE HOUSING TRANSFORMATIONAL TASK FORCE
16
ESTABLISHED IN SECTION 24-75-229 (6)(a), IDENTIFIED A STATEWIDE17
HOUSING NEEDS ASSESSMENT AND PRODUCTION STRATEGY AS A TOP18
LEGISLATIVE PRIORITY FOR COLORADO IN THE TASK FORCE'S FEBRUARY19
23,
2022, REPORT TO THE GENERAL ASSEMBLY .
20
(2) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE21
DEVELOPMENT AND USE OF LAND IS A MATTER OF MIXED STATEWIDE AND22
LOCAL CONCERN.23
29-33-102. Definitions. A
S USED IN THIS ARTICLE 33, UNLESS THE
24
CONTEXT OTHERWISE REQUIRES :25
(1) "A
CCESSIBLE UNIT" MEANS A HOUSING UNIT THAT SATISFIES
26
THE REQUIREMENTS OF THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C. SEC.27
213
-23- 3601 ET SEQ., AS AMENDED AND INCORPORATES UNIVERSAL DESIGN .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 ONE
4
OR MORE PERSONS;5
(b) I
S LOCATED ON THE SAME LOT AS A PROPOSED OR EXISTING
6
PRIMARY RESIDENCE; AND7
(c) I
NCLUDES PROVISIONS FOR LIVING , SLEEPING, EATING,
8
COOKING, AND SANITATION.9
(3) "AFFORDABLE HOUSING" MEANS HOUSING FOR WHICH LOW-10
AND MODERATE-INCOME HOUSEHOLDS DO NOT SPEND MORE THAN THIRTY11
PERCENT OF THEIR HOUSEHOLD INCOME ON HOUSING COSTS .12
(4) "B
ROWNFIELD DEVELOPMENT " MEANS THE DEVELOPMENT OF
13
BROWNFIELD SITES, AS DEFINED IN SECTION 31-25-103 (3.1).14
15
(5) "BUS RAPID TRANSIT" MEANS A BUS-BASED TRANSIT SERVICE16
THAT INCLUDES AT LEAST THREE OF THE FOLLOWING :17
(a) S
ERVICE THAT IS SCHEDULED TO RUN EVERY FIFTEEN MINUTES
18
OR LESS DURING THE HIGHEST FREQUENCY SERVICE HOURS ;19
(b) D
EDICATED LANES OR BUSWAYS ;
20
(c) T
RAFFIC SIGNAL PRIORITY;
21
(d) O
FF-BOARD FARE COLLECTION;
22
(e) E
LEVATED PLATFORMS; OR
23
(f) E
NHANCED STATIONS.
24
(6) "COMMUTER BUS RAPID TRANSIT" MEANS A BUS RAPID TRANSIT25
SERVICE THAT OPERATES ON A LIMITED -ACCESS HIGHWAY FOR THE26
MAJORITY OF ITS ROUTE.27
213
-24- (7) "COTTAGE CLUSTER" MEANS A GROUPING OF TWO OR MORE1
DETACHED HOUSING UNITS, EACH HOUSING UNIT HAVING A FOOTPRINT OF2
NO MORE THAN NINE HUNDRED SQUARE FEET , AND THE GROUPING HAVING3
A COMMON COURTYARD .4
(8) "DISCRETIONARY APPROVAL PROCESS" MEANS A DEVELOPMENT5
APPROVAL PROCESS CONDUCTED PURSUANT TO LOCAL LAW THAT6
REQUIRES A PUBLIC BODY OR OFFICIAL TO MAKE ONE OR MORE SUBJECTIVE7
DETERMINATIONS, INCLUDING:8
(a) E
VALUATIONS OF CONSISTENCY OF AN APPLICATION WITH
9
LOCAL PLANS;10
(b) C
OMPATIBILITY OR HARMONY OF AN APPLICATION WITH
11
SURROUNDING LAND USES OR DEVELOPMENT ;12
(c) I
NDIVIDUALIZED EVALUATIONS RELATING TO MITIGATION OF
13
IMPACTS; OR14
(d) E
VALUATION OF AN APPLICATION'S CONSISTENCY WITH PUBLIC
15
WELFARE.16
(9) "DISPLACEMENT" MEANS THE INVOLUNTARY RELOCATION17
OF LOW-INCOME RESIDENTS DUE TO:18
(a) INCREASED RENTS OR NEW DEVELOPMENT RESULTING IN A19
HIGHER AREA MEDIAN INCOME THAN THE CURRENT NEIGHBORHOOD ;20
(b) DISCRIMINATORY POLICIES OR ACTIONS, SUCH AS BANNING21
TENANTS WITH HOUSING VOUCHERS, ELIMINATING UNITS LARGE ENOUGH22
FOR HOUSEHOLDS WITH CHILDREN , OR LAND USE OR ZONING THAT FOSTERS23
A CHANGE IN THE AVERAGE AREA MEDIAN INCOME OF AN AREA ;24
(c) WIDESPREAD DECREASE IN SOCIAL AND CULTURAL25
COMMUNITY-SERVING BUSINESSES AND ENTITIES;26
(d) DETERIORATION OF PHYSICAL CONDITIONS THAT RENDER27
213
-25- RESIDENCES UNINHABITABLE; OR1
(e) INCREASED REAL ESTATE PRICES, RENTS, PROPERTY TAXES,2
NEW DEVELOPMENT INCLUDING AMENITIES, AND OTHER ECONOMIC3
FACTORS.4
(10) "DWELLING UNIT" MEANS A SINGLE UNIT PROVIDING5
COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS ,6
INCLUDING PERMANENT PROVISIONS FOR COOKING , EATING, LIVING,7
SANITATION, AND SLEEPING.8
(11) "FIXED-RAIL TRANSIT" MEANS PASSENGER RAIL TRANSIT THAT9
USES AND OCCUPIES A SEPARATE RIGHT-OF-WAY OR RAIL LINE, INCLUDING10
COMMUTER RAIL AND LIGHT RAIL .11
(12) "GREENFIELD DEVELOPMENT" MEANS NEW DEVELOPMENT ON12
LAND THAT HAS NOT BEEN PREVIOUSLY DEVELOPED AND THAT IS EITHER13
WITHIN A MUNICIPALITY OR OUTSIDE OF A MUNICIPALITY , BUT IS WITHIN14
A POTENTIAL ANNEXATION AREA .15
(13) "GREYFIELD DEVELOPMENT" MEANS INFILL, REDEVELOPMENT,16
OR NEW DEVELOPMENT WITHIN AN EXISTING MUNICIPALITY OR CENSUS17
URBANIZED AREA ON VACANT , PARTIALLY VACANT, OR UNDERUTILIZED18
LAND THAT TAKES INTO CONSIDERATION DEVELOPMENT READINESS AND19
MARKET FACTORS.20
(14) "HISTORIC DISTRICT" MEANS A DISTRICT ESTABLISHED BY21
LOCAL LAW THAT MEETS THE DEFINITION OF "DISTRICT" SET FORTH IN 3622
CFR 60.3 (d).23
(15) "HISTORIC PROPERTY" MEANS A PROPERTY LISTED ON THE24
NATIONAL REGISTER OF HISTORIC PLACES, LISTED ON THE COLORADO25
STATE REGISTER OF HISTORIC PROPERTIES, OR LISTED AS A CONTRIBUTING26
STRUCTURE OR HISTORIC LANDMARK BY A CERTIFIED LOCAL27
213
-26- GOVERNMENT, AS DEFINED IN SECTION 39-22-514.5 (2)(b).1
(16) "INDUSTRIAL USE" MEANS A BUSINESS USE OR ACTIVITY AT A2
SCALE GREATER THAN HOME INDUSTRY INVOLVING MANUFACTURING ,3
FABRICATION, ASSEMBLY, WAREHOUSING, OR STORAGE.4
(17) "LOCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY5
CITY, TOWN, TERRITORIAL CITY OR TOWN, CITY AND COUNTY, OR COUNTY6
AND HOME RULE COUNTY .7
(18) "LOCAL INCLUSIONARY ZONING ORDINANCE " MEANS A LOCAL8
LAW ENACTED PURSUANT TO SECTION 29-20-104 (1)(e.5) TO EITHER9
REQUIRE OR INCENTIVIZE THE CONSTRUCTION OF AFFORDABLE OR10
REGULATED AFFORDABLE HOUSING UNITS WITHIN MIXED -INCOME11
DEVELOPMENTS.12
(19) "LOCAL 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, BUT NOT15
LIMITED TO, LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES.16
(20) "METROPOLITAN 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
(21) (a) "MIDDLE HOUSING" MEANS A TYPE OF HOUSING THAT20
INCLUDES BETWEEN TWO AND FOUR SEPARATE UNITS IN :21
(I) A
BUILDING DESIGNED AS A SINGLE STRUCTURE ;
22
(II) A
TOWNHOME BUILDING; OR
23
(III) A
COTTAGE CLUSTER.
24
(b) M
UNICIPALITIES MAY DEFINE "MIDDLE HOUSING" TO INCLUDE
25
ADDITIONAL HOUSING TYPES AND EXPANDED HOUSING UNIT AMOUNTS , SO26
LONG AS THE MUNICIPALITY'S DEFINITION IS NOT MORE RESTRICTIVE THAN27
213
-27- THE DEFINITION OF "MIDDLE HOUSING" IN SUBSECTION (20)(a) OF THIS1
SECTION. THIS MAY INCLUDE AGE RESTRICTED HOUSING , WHICH MEANS2
HOUSING DEVELOPMENTS FOR OLDER ADULTS THAT HAVE MINIMUM AGE3
REQUIREMENTS FOR RESIDENCY .4
(22) "MIXED-INCOME DEVELOPMENT " MEANS HOUSING WHERE5
SOME OF THE HOUSING UNITS WITHIN A PARTICULAR DEVELOPMENT HAVE6
RESTRICTED RENTAL OR FOR -SALE RATES THAT ARE AFFORDABLE FOR7
LOW- AND MODERATE-INCOME HOUSEHOLDS AND SOME OF THE UNITS8
HAVE HIGHER RENTAL OR FOR-SALE RATES.9
(23) "MIXED-USE DEVELOPMENT " MEANS A DEVELOPMENT10
PROJECT THAT INTEGRATES MULTIPLE LAND USE TYPES THAT INCLUDE11
RESIDENTIAL AND NON-RESIDENTIAL USES.12
(24) "MULTI-AGENCY ADVISORY COMMITTEE " MEANS THE13
COMMITTEE ESTABLISHED IN SECTION 29-33-103.14
(25) "MULTI-AGENCY GROUP" MEANS A GROUP CREATED IN THE15
DEPARTMENT OF LOCAL AFFAIRS COMPOSED OF STAFF FROM :16
(a) T
HE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF
17
LOCAL AFFAIRS;18
(b) T
HE COLORADO ENERGY OFFICE;
19
(c) T
HE DEPARTMENT OF NATURAL RESOURCES ; AND
20
(d) T
HE DEPARTMENT OF TRANSPORTATION .
21
(26) "MULTIFAMILY HOUSING" MEANS A BUILDING OR GROUP OF22
BUILDINGS ON THE SAME LOT WITH SEPARATE LIVING UNITS FOR THREE OR23
MORE HOUSEHOLDS.24
(27) "MUNICIPALITY" MEANS A HOME RULE OR STATUTORY CITY25
OR TOWN, TERRITORIAL CHARTER CITY OR TOWN , OR CITY AND COUNTY.26
(28) "NET DENSITY" MEANS THE NUMBER OF RESIDENTIAL UNITS27
213
-28- PER ACRE OF TOTAL RESIDENTIAL LAND AREA, EXCLUDING LAND OCCUPIED1
BY PUBLIC RIGHTS-OF-WAY AND ANY RECREATIONAL , CIVIC, COMMERCIAL,2
AND OTHER NONRESIDENTIAL USES .3
(29) "OBJECTIVE PROCEDURE" MEANS A DEVELOPMENT REVIEW4
PROCEDURE OR PROCESS THAT DOES NOT INVOLVE A DISCRETIONARY5
APPROVAL PROCESS.6
(30) "OBJECTIVE STANDARD" MEANS A STANDARD THAT BOTH :7
(a) D
OES NOT REQUIRE A PUBLIC BODY OR OFFICIAL TO MAKE A
8
PERSONAL OR SUBJECTIVE JUDGMENT ; AND9
(b) I
S UNIFORMLY VERIFIABLE OR ASCERTAINABLE BY REFERENCE
10
TO AN EXTERNAL OR UNIFORM BENCHMARK OR CRITERION THAT IS11
AVAILABLE AND KNOWABLE BY THE DEVELOPMENT APPLICANT OR12
PROPONENT AND THE PUBLIC B ODY OR OFFICIAL PRIOR TO THE13
DEVELOPMENT APPLICANT OR PROPONENT 'S FILING OF A DEVELOPMENT14
PROPOSAL.15
(31) "POPULATION" MEANS THE CURRENT POPULATION AS16
REPORTED BY THE STATE DEMOGRAPHY OFFICE .17
(32) "REGULATED AFFORDABLE HOUSING " MEANS AFFORDABLE18
HOUSING THAT:19
(a) I
S CREATED OR SUPPORTED BY PUBLIC SUBSIDIES , LOCAL
20
INCLUSIONARY ZONING ORDINANCES , OR OTHER REGULATIONS OR21
PROGRAMS;22
(b) R
ESTRICTS OR LIMITS RENTAL OR SALE PRICE; AND
23
(c) R
ESTRICTS RESIDENT INCOME LEVELS TO LOW - TO
24
MODERATE-INCOME HOUSEHOLD LEVELS FOR A SPECIFIED PERIOD .25
(33) (a) "RURAL RESORT JOB CENTER MUNICIPALITY " MEANS A26
MUNICIPALITY THAT:27
213
-29- (I) IS NOT WITHIN A METROPOLITAN PLANNING ORGANIZATION ;1
(II) H
AS A POPULATION OF ONE THOUSAND OR MORE ;
2
(III) H
AS AT LEAST ONE THOUSAND TWO HUNDRED JOBS
3
ACCORDING TO THE MOST RECENT UNITED STATES CENSUS BUREAU4
LONGITUDINAL EMPLOYER -HOUSEHOLD DYNAMICS ORIGIN -DESTINATION5
EMPLOYMENT STATISTICS;6
(IV) H
AS A MINIMUM JOBS-TO-POPULATION RATIO OF SIXTY-FOUR
7
HUNDREDTHS; AND8
(V) H
AS A TRANSIT STOP SERVICED BY A TRANSIT AGENCY THAT
9
SERVES AT LEAST TWO MUNICIPALITIES AND WITH SERVICE THAT INCLUDES10
AN AVERAGE OF AT LEAST TWENTY TRIPS PER DAY BETWEEN THE11
MUNICIPALITY AND OTHER MUNICIPALITIES , AS OF JANUARY 1, 2023.12
(b) F
OR PURPOSES OF THIS SUBSECTION (30), "TRANSIT AGENCY"
13
MEANS AN ENTITY THAT IS BOTH:14
(I) A
REGIONAL SERVICE AUTHORITY PROVIDING SURFACE
15
TRANSPORTATION PURSUANT TO PART 1 OF ARTICLE 7 OF TITLE 32, A16
REGIONAL TRANSPORTATION AUTHORITY CREATED PURSUANT TO PART 617
OF ARTICLE 4 OF TITLE 43, OR ANY OTHER POLITICAL SUBDIVISION OF THE18
STATE, PUBLIC ENTITY, OR NONPROFIT CORPORATION PROVIDING MASS19
TRANSPORTATION SERVICES TO THE GENERAL PUBLIC ; AND20
(II) E
LIGIBLE TO RECEIVE MONEY UNDER A GRANT AUTHORIZED BY
21
49
U.S.C. SEC. 5307 OR 49 U.S.C. SEC. 5311.
22
(34) "SHORT-TERM RENTAL" MEANS THE RENTAL OF A LODGING23
UNIT FOR LESS THAN THIRTY DAYS . AS USED IN THIS SUBSECTION (31),24
"
LODGING UNIT" MEANS ANY PROPERTY OR PORTION OF A PROPERTY THAT
25
IS AVAILABLE FOR LODGING; EXCEPT THAT THE TERM EXCLUDES A HOTEL26
UNIT. LOCAL GOVERNMENTS MAY APPLY THEIR OWN DEFINITION OF27
213
-30- "SHORT-TERM RENTAL" FOR THE PURPOSES OF THIS ARTICLE 33.1
(35) "SINGLE-UNIT DETACHED DWELLING " MEANS A DETACHED2
BUILDING WITH A SINGLE DWELLING UNIT AND ON A SINGLE LOT .3
(36) "STANDARD EXEMPT PARCEL " MEANS A PARCEL THAT:4
(a) LIES ENTIRELY OUTSIDE OF AN AREA THAT IS DESIGNATED AS5
AN URBANIZED AREA BY THE MOST RECENT FEDERAL DECENNIAL CENSUS;6
(b) IS NOT SERVED BY A DOMESTIC WATER AND SEWAGE7
TREATMENT SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5);8
(c) IS IN AN AGRICULTURAL, FORESTRY, NATURAL RESOURCE9
PRESERVATION, OR OPEN SPACE ZONING DISTRICT;10
(d) IS A HISTORIC PROPERTY THAT IS NOT WITHIN A HISTORIC11
DISTRICT; OR12
(e) IS IN A FLOODWAY OR IN A ONE HUNDRED YEAR FLOODPLAIN ,13
AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY .14
(37) "STRATEGIC GROWTH AREA " MEANS AN AREA IDENTIFIED15
PURSUANT TO SECTION 29-33-108 (2)(a) THAT HAS THE POTENTIAL FOR16
GROWTH AND CHARACTERISTICS THAT MAKE IT A PRIORITY AREA FOR17
GROWTH IN RELATION TO THE GOALS OF THIS SENATE BILL 23-213.18
(38) "STRATEGIC GROWTH AND HOUSING MIX ANALYSIS " MEANS19
A COMPREHENSIVE ANALYSIS THAT IDENTIFIES STRATEGIC GROWTH AREAS ,20
AS DEFINED IN SECTION 29-33-108 (2)(a), THAT CAN BOTH ACCOMMODATE21
THE HOUSING NEEDS IDENTIFIED IN HOUSING NEEDS ASSESSMENTS AND BE22
UTILIZED IN THE STRATEGIC GROWTH ELEMENT OF MASTER PLANS , AS23
DEFINED IN SECTION 31-23-206.24
(39) "TIER ONE URBAN MUNICIPALITY" MEANS EITHER:25
(a) A
MUNICIPALITY THAT:
26
(I) I
S WITHIN A METROPOLITAN PLANNING ORGANIZATION THAT
27
213
-31- HAS A POPULATION OF ONE MILLION OR MORE ;1
(II) H
AS AT LEAST TEN PERCENT OF ITS LAND WITHIN AN AREA
2
THAT IS DESIGNATED AS AN URBANIZED AREA BY THE MOST RECENT3
FEDERAL DECENNIAL CENSUS WITH A POPULATION GREATER THAN4
SEVENTY-FIVE THOUSAND; AND5
(III) H
AS A POPULATION OF AT LEAST ONE THOUSAND ; OR
6
(b) A
MUNICIPALITY THAT:
7
(I) I
S WITHIN A METROPOLITAN PLANNING ORGANIZATION THAT
8
HAS A POPULATION OF LESS THAN ONE MILLION ; AND9
(II) H
AS A POPULATION OF AT LEAST TWENTY -FIVE THOUSAND.
10
(40) "TIER TWO URBAN MUNICIPALITY" MEANS A MUNICIPALITY11
THAT DOES NOT SATISFY THE DEFINITION OF A TIER ONE URBAN12
MUNICIPALITY AND:13
(a) I
S WITHIN A METROPOLITAN PLANNING ORGANIZATION ;
14
(b) H
AS A POPULATION OF BETWEEN FIVE THOUSAND AND
15
TWENTY-FIVE THOUSAND; AND16
(c) I
S IN A COUNTY WITH A POPULATION OF TWO HUNDRED FIFTY
17
THOUSAND OR MORE.18
(41) "TOWNHOME" MEANS A SINGLE-UNIT DWELLING UNIT19
CONSTRUCTED IN A GROUP OF ATTACHED UNITS IN WHICH EACH UNIT20
EXTENDS FROM FOUNDATION TO ROOF AND HAS OPEN SPACE ON AT LEAST21
TWO SIDES.22
(42) "TRANSIT-ORIENTED AREA" MEANS AN AREA WHERE ALL23
PARCELS HAVE AT LEAST TWENTY -FIVE PERCENT OF THEIR AREA WITHIN24
ONE-HALF MILE OF AN EXISTING FIXED-RAIL TRANSIT STATION. FOR THE25
PURPOSES OF THIS SUBSECTION (38), A FIXED-RAIL TRANSIT STATION IS A26
FIXED-RAIL TRANSIT SERVICE BOARDING AND EXITING LOCATION OR27
213
-32- STATION FOR THE GENERAL PUBLIC.1
(43) "UNIVERSAL DESIGN" MEANS ANY DWELLING UNIT DESIGNED2
AND CONSTRUCTED THAT IS SAFE AND ACCESSIBLE FOR EVERYONE ,3
REGARDLESS OF AGE, PHYSICAL ABILITY, OR STATURE.4
(44) "URBAN BUS RAPID TRANSIT SERVICE" MEANS A BUS RAPID5
TRANSIT SERVICE THAT OPERATES ON A SURFACE STREET FOR THE6
MAJORITY OF ITS ROUTE.7
(45) "URBAN MUNICIPALITY" MEANS BOTH A TIER ONE AND A TIER8
TWO URBAN MUNICIPALITY.9
(46) "USE BY RIGHT" MEANS A LAND USE, THE DEVELOPMENT OF10
WHICH PROCEEDS UNDER OBJECTIVE STANDARDS SET FORTH IN ZONING OR11
OTHER LOCAL LAWS, AND THAT DOES NOT HAVE A DISCRETIONARY12
APPROVAL PROCESS.13
29-33-103. Multi-agency advisory committee - rural resort14
area committee - urban area advisory committee. (1) T
HERE IS
15
HEREBY CREATED IN THE DEPARTMENT OF LOCAL AFFAIRS THE STRATEGIC16
GROWTH COMMITTEE, REFERRED TO IN THIS SECTION AS THE COMMITTEE.17
(2) T
HE COMMITTEE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION
18
24-1-105,
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND
19
FUNCTIONS UNDER THE DEPARTMENT OF LOCAL AFFAIRS .20
(3) (a) T
HE COMMITTEE CONSISTS OF
FIFTEEN VOTING MEMBERS AS21
FOLLOWS:22
(I) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL
23
AFFAIRS, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;24
(II) T
HE EXECUTIVE DIRECTOR OF THE COLORADO ENERGY OFFICE,
25
OR THE EXECUTIVE DIRECTOR'S DESIGNEE;26
(III) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
27
213
-33- TRANSPORTATION, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;1
(IV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL
2
RESOURCES, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;3
(V) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
4
AGRICULTURE, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;5
(VI) THE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT,6
OR THE DIRECTOR'S DESIGNEE;7
(VII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM8
A METROPOLITAN PLANNING ORGANIZATION WHO IS APPOINTED BY THE9
SPEAKER OF THE HOUSE OF REPRESENTATIVES ;10
(VIII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM11
A METROPOLITAN PLANNING ORGANIZATION WHO IS APPOINTED BY THE12
MINORITY LEADER OF THE SENATE;13
(IX) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE14
PLANNING, IS A STAFF-LEVEL REPRESENTATIVE FROM A TIER ONE URBAN15
MUNICIPALITY, AND IS APPOINTED BY THE PRESIDENT OF THE SENATE ;16
(X) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE17
PLANNING, IS A STAFF-LEVEL REPRESENTATIVE FROM TIER TWO URBAN18
MUNICIPALITY, AND IS APPOINTED BY THE GOVERNOR ;19
(XI) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE20
PLANNING, IS A STAFF-LEVEL REPRESENTATIVE FROM A RURAL RESORT JOB21
CENTER MUNICIPALITY, AND IS APPOINTED BY THE GOVERNOR ;22
(XII) ONE MEMBER WHO HAS A BACKGROUND IN LAND USE23
PLANNING, IS A STAFF-LEVEL REPRESENTATIVE FROM A RURAL RESORT JOB24
CENTER MUNICIPALITY, AND IS APPOINTED BY THE SPEAKER OF THE HOUSE25
OF REPRESENTATIVES;26
(XIII) ONE MEMBER WHO IS A STAFF -LEVEL REPRESENTATIVE27
213
-34- FROM A COUNTY WHO IS APPOINTED BY THE PRESIDENT OF THE SENATE ;1
(XIV) ONE MEMBER WHO IS A COMMUNITY REPRESENTATIVE WITH2
HOUSING EXPERTISE WHO IS APPOINTED BY THE PRESIDENT OF THE SENATE ;3
AND4
(XV) ONE MEMBER WHO REPRESENTS SPECIAL DISTRICTS AND IS5
APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF6
REPRESENTATIVES.7
(b) I
NITIAL APPOINTMENTS TO THE COMMITTEE MUST BE MADE NO
8
LATER THAN SEPTEMBER 1, 2023.9
(c) W
HEN MAKING APPOINTMENTS TO THE
STRATEGIC GROWTH10
COMMITTEE, REASONABLE EFFORTS MUST BE MADE TO APPOINT MEMBERS11
WHO REFLECT THE GEOGRAPHIC AND DEMOGRAPHIC DIVERSITY OF THE12
ENTIRE STATE.13
(4) E
ACH MEMBER OF THE COMMITTEE WHO IS APPOINTED
14
PURSUANT TO SUBSECTION (3) OF THIS SECTION SERVES AT THE PLEASURE15
OF THE OFFICIAL WHO APPOINTED THE MEMBER . THE TERM OF16
APPOINTMENT IS FOUR YEARS; EXCEPT THAT THE TERM OF EACH MEMBER17
INITIALLY APPOINTED PURSUANT TO SUBSECTIONS (3)(a)(VII),18
(3)(a)(IX), (3)(a)(XI), (3)(a)(XIII), AND (3)(a)(XV) OF THIS SECTION IS19
TWO YEARS AND THE TERM OF EACH MEMBER INITIALLY APPOINTED20
PURSUANT TO SUBSECTIONS (3)(a)(VIII), (3)(a)(X), (3)(a)(XII), AND21
(3)(a)(XIV) IS ONE YEAR. NO APPOINTED MEMBER OF THE COMMITTEE22
SHALL SERVE MORE THAN TWO CONSECUTIVE TERMS .23
(5) (a) T
HE GOVERNOR SHALL CALL THE FIRST MEETING OF THE
24
COMMITTEE NO LATER THAN OCTOBER 1, 2023.25
(b) T
HE COMMITTEE SHALL ELECT A CHAIR FROM AMONG ITS
26
MEMBERS TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS , AS27
213
-35- DETERMINED BY THE COMMITTEE . A MEMBER IS NOT ELIGIBLE TO SERVE1
AS CHAIR FOR MORE THAN TWO SUCCESSIVE TERMS .2
(c) T
HE COMMITTEE SHALL MEET AT LEAST THREE TIMES EVERY
3
YEAR. THE CHAIR MAY CALL SUCH ADDITI ONAL MEETINGS AS ARE4
NECESSARY FOR THE COMMITTEE TO COMPLETE ITS DUTIES .5
(6) T
HE COMMITTEE SHALL COMPLETE ITS DUTIES AS REQUIRED BY
6
THIS ARTICLE 33.7
(7) U
PON REQUEST BY THE COMMITTEE , THE DEPARTMENT OF
8
LOCAL AFFAIRS SHALL PROVIDE OFFICE SPACE , EQUIPMENT, AND STAFF9
SERVICES AS MAY BE NECESSARY TO IMPLEMENT THIS SECTION .10
(8) (a) T
HERE IS CREATED AS PART OF THE
STRATEGIC GROWTH11
COMMITTEE THE RURAL RESORT AREA SUBCOMMITTEE .12
(b) T
HE RURAL RESORT AREA SUBCOMMITTEE CONSISTS OF AT
13
LEAST ONE OF THE MEMBERS OF THE MULTI -AGENCY COMMITTEE14
APPOINTED PURSUANT TO SUBSECTION (3)(a)(X) OR (3)(a)(XI) OF THIS15
SECTION, WHO SHALL SERVE AS THE CHAIR OF THE SUBCOMMITTEE , THE16
TWO MEMBERS OF THE TASK FORCE CONCERNING AFFORDABLE HOUSING17
AND HOMELESSNESS ESTABLISHED IN SECTION 29-33-118 (1) APPOINTED18
PURSUANT TO SECTION 29-33-118 (2)(b)(II) AND (2)(b)(IV), AND TEN19
OTHER MEMBERS AS FOLLOWS :20
(I) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM21
A COUNTY CONTAINING A RURAL RESORT JOB CENTER, APPOINTED BY THE22
GOVERNOR;23
(II) TWO MEMBERS WHO ARE STAFF-LEVEL REPRESENTATIVES24
FROM TWO DIFFERENT RURAL RESORT JOB CENTERS, APPOINTED BY THE25
PRESIDENT OF THE SENATE;26
(III) ONE MEMBER WHO HAS A BACKGROUND IN AFFORDABLE27
213
-36- HOUSING ADVOCACY WITH EXPERIENCE IN A RURAL RESORT JOB CENTER,1
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ;2
(IV) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM3
A HOUSING AUTHORITY SERVING A RURAL RESORT JOB CENTER, APPOINTED4
BY THE GOVERNOR;5
(V) ONE MEMBER WHO HAS A BACKGROUND IN NOT -FOR-PROFIT OR6
FOR-PROFIT HOUSING DEVELOPMENT IN RURAL RESORT JOB CENTERS ,7
APPOINTED BY THE GOVERNOR ;8
(VI) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVES FROM9
UTILITY SERVICE PROVIDERS THAT PROVIDE SERVICES TO RURAL RESORT10
JOB CENTERS, INCLUDING BUT NOT LIMITED TO WATER, WASTEWATER, AND11
ELECTRIC UTILITIES, APPOINTED BY THE MINORITY LEADER OF THE SENATE;12
(VII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM13
UTILITY SERVICE PROVIDERS THAT PROVIDE SERVICES TO RURAL RESORT14
JOB CENTERS, INCLUDING BUT NOT LIMITED TO WATER, WASTEWATER, AND15
ELECTRIC UTILITIES, APPOINTED BY THE MINORITY LEADER OF THE HOUSE16
OF REPRESENTATIVES;17
(VIII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE18
FROM A TRANSIT AGENCY THAT PROVIDES SERVICES TO A RURAL RESORT19
JOB CENTER OR THAT WORKS AS A TRANSPORTATION PLANNER IN A RURAL20
RESORT JOB CENTER, APPOINTED BY THE GOVERNOR; AND21
(IX) ONE MEMBER WHO IS A RECREATION INDUSTRY EMPLOYER,22
HOSPITALITY INDUSTRY EMPLOYER, OR OTHER EMPLOYER WHO EMPLOYS23
AT LEAST SEVENTY-FIVE EMPLOYEES WHO WORK IN RURAL RESORT JOB24
CENTERS, APPOINTED BY THE GOVERNOR.25
(c) I
N ACCORDANCE WITH SECTION 29-33-109, THE RURAL RESORT
26
AREA SUBCOMMITTEE SHALL DEVELOP RECOMMENDATIONS TO PRESENT27
213
-37- TO THE MULTI-AGENCY COMMITTEE CONCERNING MATTERS RELATED TO1
RURAL RESORT JOB CENTER MUNICIPALITIES . PRIOR TO FINALIZING ANY2
RECOMMENDATIONS , THE RURAL RESORT AREA SUBCOMMITTEE SHALL3
PROVIDE A DRAFT OF THE RECOMMENDATIONS TO ALL RURAL RESORT4
AREA JOB CENTER MUNICIPALITIES, ALLOW AT LEAST A SIXTY-DAY PUBLIC5
COMMENT PERIOD , AND HOLD A PUBLIC HEARING ON THE6
RECOMMENDATIONS DURING THE COMMENT PERIOD .7
(9) (a) T
HERE IS CREATED AS PART OF THE
STRATEGIC GROWTH8
COMMITTEE THE URBAN AREA SUBCOMMITTEE .9
(b) T
HE URBAN AREA SUBCOMMITTEE CONSISTS OF AT LEAST ONE
10
OF THE MEMBERS OF THE MULTI -AGENCY COMMITTEE APPOINTED11
PURSUANT TO SUBSECTIONS (3)(a)(VII), (3)(a)(VIII), (3)(a)(IX), AND12
(3)(a)(X) OF THIS SECTION, WHO SHALL SERVE AS THE CHAIR OF THE13
SUBCOMMITTEE, THE TWO MEMBERS OF THE TASK FORCE CONCERNING14
AFFORDABLE HOUSING AND HOMELESSNESS ESTABLISHED IN SECTION15
29-33-118 (1) APPOINTED PURSUANT TO SECTION 29-33-118 (2)(b)(I) AND16
(2)(b)(III), AND TEN OTHER MEMBERS AS FOLLOWS :17
(I) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM18
A COUNTY CONTAINING AN URBAN MUNICIPALITY , APPOINTED BY THE19
GOVERNOR;20
(II) TWO MEMBERS WHO ARE STAFF-LEVEL REPRESENTATIVES21
FROM TWO DIFFERENT TIER ONE URBAN MUNICIPALITIES, APPOINTED BY22
THE PRESIDENT OF THE SENATE;23
(III) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM24
A TIER TWO URBAN MUNICIPALITY, APPOINTED BY THE SPEAKER OF THE25
HOUSE OF REPRESENTATIVES;26
(IV) ONE MEMBER WHO HAS A BACKGROUND IN AFFORDABLE27
213
-38- HOUSING ADVOCACY SERVING AN AREA WITHIN A URBAN MUNICIPALITY1
METROPOLITAN PLANNING ORGANIZATION REGION, APPOINTED BY THE2
GOVERNOR;3
(V) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM4
A HOUSING AUTHORITY SERVING AN AREA WITHIN A METROPOLITAN5
PLANNING ORGANIZATION REGION , APPOINTED BY THE GOVERNOR;6
(VI) ONE MEMBER WHO HAS A BACKGROUND IN NOT-FOR-PROFIT7
OR FOR-PROFIT HOUSING DEVELOPMENT WITHIN A METROPOLITAN8
PLANNING ORGANIZATION REGION , APPOINTED BY THE GOVERNOR;9
(VII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM10
UTILITY SERVICE PROVIDERS THAT PROVIDE SERVICES WITHIN A11
METROPOLITAN PLANNING ORGANIZATION REGION, INCLUDING BUT NOT12
LIMITED TO WATER, WASTEWATER, AND ELECTRIC UTILITIES APPOINTED BY13
THE MINORITY LEADER OF THE HOUSE ;14
(VIII) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE15
FROM UTILITY SERVICE PROVIDERS THAT PROVIDE SERVICES WITHIN A16
METROPOLITAN PLANNING ORGANIZATION REGION , INCLUDING BUT NOT17
LIMITED TO WATER, WASTEWATER, AND ELECTRIC UTILITIES, APPOINTED18
BY THE MINORITY LEADER OF THE SENATE ; AND19
(IX) ONE MEMBER WHO IS A STAFF-LEVEL REPRESENTATIVE FROM20
A TRANSIT AGENCY THAT PROVIDES SERVICES WITHIN A TIER ONE OR TIER21
TWO MUNICIPALITY OR IS A TRANSPORTATION PLANNER WITH A22
METROPOLITAN PLANNING ORGANIZATION , APPOINTED BY THE GOVERNOR.23
(c) I
N ACCORDANCE WITH SECTION 29-33-109, THE URBAN AREA
24
SUBCOMMITTEE SHALL DEVELOP RECOMME NDATIONS TO PRESENT TO THE25
MULTI-AGENCY COMMITTEE CONCERNING MATTERS RELATED TO URBAN26
MUNICIPALITIES. PRIOR TO FINALIZING ANY RECOMMENDATIONS , THE27
213
-39- URBAN AREA SUBCOMMITTEE SHALL PROVIDE A DRAFT OF THE1
RECOMMENDATION TO ALL URBAN MUNICIPALITIES, ALLOW AT LEAST A2
SIXTY-DAY PUBLIC COMMENT PERIOD, AND HOLD A PUBLIC HEARING ON3
THE RECOMMENDATIONS DURING THE COMMENT PERIOD .4
29-33-104. Housing needs assessments - methodology.5
(1) (a) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS
6
SHALL ISSUE A METHODOLOGY FOR DEVELOPING STATEWIDE , REGIONAL,7
AND LOCAL HOUSING NEEDS ASSESSMENTS .8
(b) T
HE
STRATEGIC GROWTH COMMITTEE, IN CONSULTATION WITH9
THE STATE DEMOGRAPHY OFFICE , SHALL, AS PART OF THE PUBLIC10
COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION 29-33-109 (2),11
DEVELOP RECOMMENDATIONS TO PROVIDE TO THE EXECUTIVE DIRECTOR12
OF THE DEPARTMENT OF LOCAL AFFAIRS CONCERNING THE METHODOLOGY13
FOR DEVELOPING STATEWIDE , REGIONAL, AND LOCAL HOUSING NEEDS14
ASSESSMENTS.15
(2) T
HE METHODOLOGY FOR DEVELOPING HOUSING NEEDS
16
ASSESSMENTS MAY INCLUDE :17
(a) F
OR THE STATEWIDE HOUSING NEEDS ASSESSMENT , METHODS
18
TO:19
(I) E
STIMATE EXISTING HOUSING STOCK;
20
(II) C
ONDUCT A HOUSING SHORTAGE ANALYSIS ;
21
(III) D
ETERMINE THE NEED FOR ACCESSORY DWELLING UNITS ;
22
(IV) E
STIMATE THE HOUSING NECESSARY TO ACCOMMODATE THE
23
DEMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE STATE24
DEMOGRAPHY OFFICE, CATEGORIZED BY HOUSEHOLD SIZE ; HOUSEHOLD25
TYPE, INCLUDING FOR SUPPORTIVE, FOR-SALE, AND RENTAL HOUSING ; AND26
INCOME LEVEL, INCLUDING EXTREMELY LOW-INCOME, VERY LOW-INCOME,27
213
-40- LOW-INCOME, MODERATE-INCOME, AND MIDDLE-INCOME HOUSEHOLDS AS1
DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN2
DEVELOPMENT;3
(V) E
NSURE LOCAL GOVERNMENT INPUT AND COORDINATION ; AND
4
(VI) A
SSESS AND PROVIDE DATA REGARDING ANY HOME
5
OWNERSHIP OR RENTAL HOUSING INEQUITIES IMPACTING POPULATIONS6
THAT MAY HAVE BEEN HISTORICALLY EXCLUDED FROM HOME OWNERSHIP7
OR RENTAL HOUSING OPPORTUNITIES . THIS DATA MAY INCLUDE, BUT IS8
NOT LIMITED TO, HOUSING STATUS BY VETERAN STATUS , GENDER, AGE,9
HOUSEHOLD SIZE, INCOME, RACE AND ETHNICITY, AND SPEAKING ENGLISH10
LESS THAN VERY WELL.11
(b) F
OR REGIONAL HOUSING NEEDS ASSESSMENTS , METHODS TO:
12
(I) A
SSESS REGIONAL HOUSING NEEDS FOR EACH REGION , BASED
13
ON:14
(A) E
XISTING AND PROJECTED HOUSING SHORTAGES AND
15
SURPLUSES FOR DIFFERENT HOUSEHOLD TYPES AND INCOME LEVELS ,16
INCLUDING EXTREMELY LOW -INCOME, VERY LOW-INCOME, LOW-INCOME,17
MODERATE-INCOME, AND MIDDLE-INCOME HOUSEHOLDS AS DEFINED BY18
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN19
DEVELOPMENT;20
(B) E
XISTING HOUSING DIVERSITY AND STOCK ;
21
(C) C
URRENT JOBS BY INCOME LEVEL;
22
(D) F
UTURE POPULATION AND JOB GROWTH PROJECTIONS ; AND
23
(E) D
EMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE
24
STATE DEMOGRAPHY OFFICE ; AND25
26
(II) DESIGNATE REGIONS BASED ON THE BOUNDARIES OF27
213
-41- METROPOLITAN PLANNING ORGANIZATIONS , RURAL REGIONS, AND RURAL1
RESORT REGIONS. THE DESIGNATION OF RURAL REGIONS AND RURAL2
RESORT REGIONS MUST BE BASED ON REGIONAL COMMUTING PATTERNS3
AMONG OTHER FACTORS .4
(c) F
OR LOCAL HOUSING NEEDS ASSESSMENTS , METHODS TO
5
ASSESS LOCAL HOUSING NEEDS FOR EACH LOCAL GOVERNMENT , ALIGNED6
WITH REGIONAL AND STATE HOUSING NEEDS ASSESSMENTS , BASED ON:7
(I) T
HE CURRENT PROPORTION OF THE LOCALITY 'S POPULATION IN
8
DIFFERENT HOUSEHOLD INCOME LEVELS , INCLUDING EXTREMELY9
LOW-INCOME, VERY LOW-INCOME, LOW-INCOME, MODERATE-INCOME, AND10
MIDDLE-INCOME HOUSEHOLDS AS DEFINED BY THE UNITED STATES11
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ;12
(II) T
HE LOCALITY'S CURRENT MEDIAN INCOME;
13
(III) T
HE LOCALITY'S JOB-HOUSING BALANCE, INCLUDING THE
14
AVAILABILITY OF HOUSING AFFORDABLE TO LOW -INCOME WORKERS IN THE15
LOCALITY;16
(IV) T
HE LOCALITY'S POPULATION AND DEMOGRAPHICS ;
17
(V) M
EASURES OF LOCAL RESOURCES IN THE LOCALITY ;
18
(VI) V
ACANCY RATES IN THE LOCALITY;
19
(VII) M
EASURES OF HOMELESSNESS AND HOUSING INSTABILITY IN
20
THE LOCALITY; AND21
(VIII) D
EMOGRAPHIC AND POPULATION TRENDS FORECAST BY THE
22
STATE DEMOGRAPHY OFFICE .23
(3) (a) N
O LATER THAN DECEMBER 31, 2024, AND EVERY SIX
24
YEARS THEREAFTER, IN ACCORDANCE WITH THE METHODOLOGIES FOR25
DEVELOPING HOUSING NEEDS ASSESSMENTS , THE EXECUTIVE DIRECTOR OF26
THE DEPARTMENT OF LOCAL AFFAIRS , WITH INPUT FROM THE STRATEGIC27
213
-42- GROWTH COMMITTEE, SHALL PRODUCE STATEWIDE, REGIONAL, AND LOCAL1
HOUSING NEEDS ASSESSMENTS WITH TWENTY -YEAR PLANNING FORECASTS.2
(b) E
ACH OF THE ASSESSMENTS MUST INCLUDE FOR THE RELEVANT
3
AREA, BASED ON STATE DEMOGRAPHIC DATA DURING THE TWENTY -YEAR4
PLANNING PERIOD, ESTIMATES OF:5
(I) H
OUSING NEEDS IN THE AREA SORTED BY INCOME LEVELS ,
6
INCLUDING EXTREMELY LOW -INCOME, VERY LOW-INCOME, LOW-INCOME,7
MODERATE-INCOME, AND MIDDLE-INCOME HOUSEHOLDS AS DEFINED BY8
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN9
DEVELOPMENT; AND UNIT TYPES , INCLUDING ACCESSIBLE UNITS ,10
SUPPORTIVE HOUSING, FOR-SALE HOUSING AND RENTAL HOUSING ;11
(II) T
HE NUMBER OF HOUSEHOLDS IN THE AREA ;
12
(III) T
HE NUMBER OF JOBS IN THE AREA BY ANNUAL SALARY
OR13
WAGE;14
(IV) T
HE AREA'S POPULATION AND DEMOGRAPHICS ; AND
15
(V) T
HE AREA'S EXISTING HOUSING
STOCK.16
(c) M
UNICIPALITIES THAT ARE REQUIRED TO COMPLETE HOUSING
17
NEEDS PLANS MUST USE THE LOCAL AND REGIONAL HOUSING NEEDS18
ASSESSMENTS TO INFORM THEIR HOUSING NEEDS PLANS .19
29-33-105. Urban municipality housing needs plans - guidance20
- definition. (1) (a) N
O LATER THAN DECEMBER 31, 2024, THE EXECUTIVE
21
DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL ISSUE GUIDANCE22
FOR CREATING A HOUSING NEEDS PLAN .23
(b) T
HE
STRATEGIC GROWTH COMMITTEE SHALL, AS PART OF THE24
PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION25
29-33-109 (2),
DEVELOP RECOMMENDATIONS TO PROVIDE TO THE
26
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS27
213
-43- CONCERNING GUIDANCE FOR CREATING A HOUSING NEEDS PLAN .1
2
(2) (a) NO LATER THAN DECEMBER 31, 2026, AND EVERY SIX3
YEARS THEREAFTER, IN ACCORDANCE WITH THE GUIDANCE FOR CREATING4
A HOUSING NEEDS PLAN, EVERY URBAN MUNICIPALITY SHALL DEVELOP ,5
ADOPT, AND SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS A HOUSING6
NEEDS PLAN. THE DEPARTMENT OF LOCAL AFFAIRS SHALL POST THE7
SUBMITTED PLANS PUBLICLY ON ITS WEBSITE .8
(b) B
EFORE ADOPTING AND SUBMITTING A HOUSING NEEDS PLAN ,
9
AN URBAN MUNICIPALITY SHALL PUBLISH THE MOST RECENT DRAFT OF ITS10
HOUSING NEEDS PLAN AND PROVIDE NOTICE OF A PUBLIC COMMENT PERIOD11
FOR THE RECEIPT OF WRITTEN COMMENTS CONCERNING THE PLAN . THE12
URBAN MUNICIPALITY MUST HOLD A PUBLIC HEARING ON THE PLAN .13
(c) O
N OR BEFORE JUNE 30, 2024, AND ON OR BEFORE JUNE 30
14
EVERY SIX YEARS THEREAFTER , AN URBAN MUNICIPALITY WITH A15
POPULATION OF LESS THAN TWENTY -FIVE THOUSAND AND AN ANNUAL16
MEDIAN HOUSEHOLD INCOME OF LESS THAN FIFTY -FIVE THOUSAND17
DOLLARS NEED NOT SUBMIT A HOUSING NEEDS PLAN TO THE DEPARTMENT18
OF LOCAL AFFAIRS, IF THE MUNICIPALITY INSTEAD SENDS A LETTER TO THE19
DEPARTMENT IN A FORM AND MANNE R DETERMINED BY THE DEPARTMENT20
INDICATING THAT THE MUNICIPALITY DOES NOT INTEND TO SUBMIT A21
HOUSING NEEDS PLAN.22
(3) A HOUSING NEEDS PLAN MUST INCLUDE :23
(a) A
NARRATIVE DESCRIPTION OF THE STAKEHOLDER
24
ENGAGEMENT CONDUCTED DURING THE DEVELOPMENT OF THE HOUSING25
NEEDS PLAN;26
(b) A
N ANALYSIS OF HOW THE URBAN MUNICIPALITY WILL PROVIDE
27
213
-44- A REALISTIC OPPORTUNITY FOR DEVELOPMENT THAT WILL ADDRESS ITS1
LOCAL HOUSING NEEDS ASSESSMENT , INCLUDING THE DEMONSTRATED2
HOUSING NEEDS FOR PERSONS OF DIFFERENT AGES , HOUSEHOLD SIZE, AND3
INCOME LEVELS, OVER THE NEXT TWENTY YEARS WITH AN EQUITABLE4
DISTRIBUTION OF HOUSING WITHIN THE JURISDICTION ;5
(c) A
HOUSING NEEDS IMPLEMENTATION PLAN , WHICH MUST
6
DESCRIBE THE STRATEGIES THAT THE URBAN MUNICIPALITY WILL PURSUE7
TO MEET ITS DEMONSTRATED HOUSING NEEDS , INCLUDING THE8
IDENTIFICATION OF HOUSING RESOURCES AND CHANGES TO LOCAL LAWS;9
(d) A
N ANALYSIS OF ADDITIONAL FUNDING NEEDED TO IMPLEMENT
10
THE HOUSING PLAN;11
(e) FOR ANY PROGRAM THAT RECEIVES FEDERAL OR STATE MONEY12
PURSUANT TO THE FEDERAL "AMERICAN RESCUE PLAN ACT OF 2021",13
PUB.L. 117-2, OR FOR ANY PROGRAM THAT RECEIVES LOCAL MONEY14
PRIORITIZED BY A MUNICIPALITY FOR REGULATED AFFORDABLE HOUSING15
OR HOMELESSNESS PREVENTION OR SUPPORT, A NARRATIVE DESCRIPTION16
THAT INCLUDES THE PROGRAM 'S BUDGET, TIMELINE FOR COMPLETION,17
NUMBER OF UNITS, TYPE OF UNITS, INCOME LEVEL FOR WHICH THE18
HOUSING IS TARGETED, NUMBER OF FAMILIES SERVICED , AND THE19
DEMOGRAPHICS AND INCOME LEVELS OF THE SERVICED FAMILIES .20
(f) A DESCRIPTION OF AND AN IMPLEMENTATION PLAN FOR AT21
LEAST ONE STRATEGY THAT THE URBAN MUNICIPALITY ADOPTS FROM THE22
MENU OF AFFORDABLE DEVELOPMENT AND AT LEAST ONE STRATEGY FROM23
THE MENU OF LONG-TERM AFFORDABILITY STRATEGIES DESCRIBED IN24
SECTION 29-33-106. THESE STRATEGIES MUST BOTH ADDRESS HOUSING25
NEEDS AND MAKE PROGRESS TOWARD MEETING DEMONSTRATED HOUSING26
NEEDS FOR LOW- AND MODERATE-INCOME HOUSEHOLDS AS DEFINED BY27
213
-45- THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT1
AND HOUSING TYPES IDENTIFIED IN THE LOCAL HOUSING NEEDS2
ASSESSMENT;3
(g) IN THE CASE OF AN URBAN MUNICIPALITY WITH A4
TRANSIT-ORIENTED AREA, AT LEAST TWO STRATEGIES FROM THE LIST OF5
AFFORDABLE DEVELOPMENT STRATEGIES IN SECTION 29-33-106 (1) AND6
AT LEAST ONE STRATEGY FROM THE LIST OF LONG-TERM AFFORDABILITY7
STRATEGIES IN SECTION 29-33-106 (2); AND8
(h) A NARRATIVE ANALYSIS OF ANY AREA AT ELEVATED RISK OF9
RESIDENTIAL DISPLACEMENT THAT THE URBAN MUNICIPALITY HAS10
IDENTIFIED AND A DESCRIPTION OF AND IMPLEMENTATION PLAN FOR ANY11
STRATEGIES FROM THE MENU OF DISPLACEMENT MITIGATION STRATEGIES12
DESCRIBED IN SECTION 29-33-107 (2), THAT THE URBAN MUNICIPALITY13
WILL USE TO MITIGATE IDENTIFIED DISPLACEMENT RISKS IN THESE 14
AREAS.15
(4) WHEN UPDATING ITS MASTER PLAN, AN URBAN MUNICIPALITY16
SHALL INCLUDE ITS MOST RECENT HOUSING NEEDS PLAN OR INFORMATION17
FROM THAT ANALYSIS IN ITS MASTER PLAN .18
(5) AN URBAN MUNICIPALITY THAT ADOPTED A PLAN TO ADDRESS19
LOCAL HOUSING NEEDS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION20
MAY, RATHER THAN DEVELOPING AND ADOPTING A NEW HOUSING NEEDS21
PLAN PURSUANT TO SUBSECTION (3) OF THIS SECTION, UPDATE ITS22
EXISTING PLAN TO ADDRESS ADDITIONAL NEEDS IDENTIFIED IN THE LOCAL23
HOUSING NEEDS ASSESSMENT BEYOND WHAT THE MUNICIPALITY 'S24
EXISTING PLAN TO ADDRESS LOCAL HOUSING NEEDS INCLUDES , AND ANY25
REQUIREMENTS IN SECTION 29-33-105 (4) NOT ALREADY INCLUDED IN THE26
MUNICIPALITY'S EXISTING PLAN.27
213
-46- (6) (a) A COUNTY, METROPOLITAN PLANNING ORGANIZATION, OR1
MUNICIPALITY WITHIN A REGION DEFINED IN THE REGIONAL HOUSING2
NEEDS ASSESSMENT MAY PARTICIPATE IN A REGIONAL HOUSING NEEDS3
PLANNING PROCESS.4
(b) T
HE COUNTIES,
METROPOLITAN PLANNING ORGANIZATION, OR5
MUNICIPALITIES THAT PARTICIPATE IN A PLANNING PROCESS :6
(I) M
AY UTILIZE DATA AND INFORMATION FROM A RELEVANT
7
REGIONAL HOUSING NEEDS ASSESSMENT THAT IS NO MORE THAN FIVE8
YEARS OLD TO INFORM THEIR REGIONAL PLANNING PROCESS ;9
(II) A
RE ENCOURAGED TO INCORPORATE STRATEGIC GROWTH
10
OBJECTIVES AS DEFINED IN SECTION 29-33-108 IN THE REGIONAL11
PLANNING PROCESS; AND12
(III) A
RE ENCOURAGED TO IDENTIFY
HOUSING PRODUCTION13
STRATEGIES AND COMMITMENTS THAT ADDRESS THE HOUSING NEEDS14
IDENTIFIED IN LOCAL HOUSING NEEDS ASSESSMENTS THROUGH THE15
ADOPTION OF INTERJURISDICTIONAL STRATEGIES AND AFFORDABILITY16
STRATEGIES IDENTIFIED IN SECTION 29-33-106.17
(c) I
F NO EXISTING REGIONAL PLAN EXISTS, A GROUP OF COUNTIES,
18
A METROPOLITAN PLANNING ORGANIZATION , OR MUNICIPALITIES MAY19
REQUEST THAT THE URBAN AREA SUBCOMMITTEE CREATED IN SECTION20
29-33-103
(9) FACILITATE THE CREATION OF A REGIONAL PLANNING
21
PROCESS.22
(d) A
REGIONAL HOUSING NEEDS PLANNING PROCESS MAY BE LED
23
BY A REGIONAL ENTITY AND MUST ENCOURAGE PARTICIPATING COUNTIES ,24
METROPOLITAN PLANNING ORGANIZATIONS, AND MUNICIPALITIES TO25
IDENTIFY STRATEGIES THAT IMPROVE COORDINATION BETWEEN ENTITIES26
TO MEET THE HOUSING NEEDS ID ENTIFIED FOR THOSE LOCAL27
213
-47- GOVERNMENTS IN THE REGIONAL AND LOCAL HOUSING NEEDS1
ASSESSMENTS.2
3
(7) Strategic growth and housing mix analysis. (a) T HE4
MULTI-AGENCY COMMITTEE CREATED IN SECTION 29-33-103 SHALL5
PROVIDE GUIDANCE FOR THE COMPLETION OF A STRATEGIC GROWTH AND6
HOUSING MIX ANALYSIS.7
(b) I
N COMPLETING A STRATEGIC GROWTH AND HOUSING MIX
8
ANALYSIS, A METROPOLITAN PLANNING ORGANIZATION OR A9
MUNICIPALITY MUST:10
(I) C
OMPREHENSIVELY IDENTIFY AREAS THAT CAN BE DEVELOPED
11
OR REDEVELOPED AND THAT QUALIFY AS STRATEGIC GROWTH AREAS ;12
(II) P
RIORITIZE STRATEGIC GROWTH AREAS WITHIN EXISTING
13
CENSUS URBANIZED AREAS, AND INCLUDE GUIDANCE FOR THE LOCATION14
OF MIDDLE AND MULTIFAMILY HOUSING THAT SUPPORTS THE GOALS OF15
S
ENATE BILL 23-213 WHICH INCLUDE BUT ARE NOT LIMITED TO MEETING
16
THE STATE'S HOUSING NEEDS FOR PEOPLE OF ALL INCOME LEVELS,17
HOUSEHOLD AGE RANGES , HOUSEHOLD SIZE AND REDUCING18
TRANSPORTATION-RELATED CLIMATE AND AIR QUALITY IMPACTS ;19
(III) EVALUATE THE BENEFITS OF PRIORITIZING GROWTH IN20
STRATEGIC GROWTH AREAS IN COMPARISON TO GROWTH BASED ON21
RECENT DEVELOPMENT TRENDS . THE EVALUATION MUST CONSIDER FISCAL22
IMPACTS IN ADDITION TO OTHER FACTORS AS IDENTIFIED BY THE23
METROPOLITAN PLANNING ORGANIZATION OR MUNICIPALITY .24
(IV) E
VALUATE THE EXISTING ZONING AND DENSITY PERMITTED
25
WITHIN STRATEGIC GROWTH AREAS ; AND26
(V) U
SE A METHOD THAT ALLOWS A MUNICIPALITY TO EFFICIENTLY
27
213
-48- UTILIZE THE INFORMATION IN THE STRATEGIC GROWTH AND HOUSING MIX1
ANALYSIS IN THE DEVELOPMENT OF THE STRATEGIC GROWTH ELEMENT OF2
THE MUNICIPALITY'S MASTER PLAN, REQUIRED PURSUANT TO SECTION3
31-23-206.4
(c) (I) O
N OR BEFORE DECEMBER 31, 2025, A METROPOLITAN
5
PLANNING ORGANIZATION WITH A POPULATION OF TWO HUNDRED FIFTY6
THOUSAND OR MORE SHALL , IN CONSULTATION WITH THE RELEVANT7
COUNTIES AND MUNICIPALITIES, COMPLETE A STRATEGIC GROWTH AND8
HOUSING MIX ANALYSIS.9
(II) O
N OR BEFORE DECEMBER 31, 2025, A MUNICIPALITY WITH A
10
POPULATION OF FIFTY THOUSAND OR MORE THAT IS WITHIN A11
METROPOLITAN PLANNING ORGANIZATION WITH A POPULATION OF LESS12
THAN TWO HUNDRED FIFTY THOUSAND SHALL COMPLETE A STRATEGIC13
GROWTH AND HOUSING MIX ANALYSIS .14
29-33-106. Menu of urban municipality affordability and15
accessibility strategies. (1) I
N ORDER TO SUPPORT AFFORDABILITY AND
16
ADVANCE MEETING THE HOUSING NEEDS OF LOW -INCOME,17
MODERATE-INCOME, AND MEDIUM-INCOME HOUSEHOLDS, AS DEFINED BY18
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN19
DEVELOPMENT, THE MENU OF AFFORDABILITY STRATEGIES FOR AN URBAN20
MUNICIPALITY MUST INCLUDE BOTH AFFORDABLE DEVELOPMENT21
STRATEGIES AND LONG -TERM AFFORDABILITY STRATEGIES . THE22
AFFORDABLE DEVELOPMENT STRATEGIES INCLUDED IN THE MENU OF23
AFFORDABILITY STRATEGIES FOR AN URBAN MUNICIPALITY MUST INCLUDE24
THE FOLLOWING:25
(a) I
MPLEMENTATION OF A LOCAL INCLUSIONARY ZONING
26
ORDINANCE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS27
213
-49- 29-20-104 (e.5) AND (e.7);1
(b) THE CREATION OF A PROGRAM TO PRIORITIZE DEVELOPMENT2
PERMITS AND SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER3
SIMILAR DEVELOPMENT CHARGES FOR REGULATED AFFORDABLE HOUSING4
DEVELOPMENT WHERE APPLICABLE ;5
(c) T
HE CREATION OF AN EXPEDITED DEVELOPMENT REVIEW
6
PROCESS FOR REGULATED AFFORDABLE HOUSING DEVELOPMENTS ;7
(d) T
HE ESTABLISHMENT OF A DENSITY BONUS PROGRAM THAT
8
GRANTS INCREASED FLOOR AREA RATIO , DENSITY, OR HEIGHT BEYOND9
WHAT IS REQUIRED BY THIS ARTICLE 33 TO INCREASE THE CONSTRUCTION10
OF REGULATED AFFORDABLE HOUSING UNITS ;11
(e) E
NABLING REGULATED AFFORDABLE HOUSING AS A USE BY
12
RIGHT IN HOUSING TYPES AND AREAS BEYOND WHAT IS REQUIRED BY THIS13
ARTICLE 33, SUCH AS ADDITIONAL ZONE DISTRICTS, HIGHER ALLOWED14
DENSITIES, OR OTHER APPROACHES THAT ARE CONSISTENT WITH THE15
GOALS OF INCREASING AND PRESERVING HOUSING AFFORDABILITY ,16
SUPPLY, AND HOUSING UNIT TYPE DIVERSITY;17
(f) T
HE ESTABLISHMENT OF A POLICY OR PLAN TO LEVERAGE
18
MUNICIPALLY OWNED , SOLD, OR MANAGED LAND FOR REGULATED19
AFFORDABLE HOUSING DEVELOPMENT ;20
(g) T
HE ELIMINATION OF LOCAL PARKING REQUIREMENTS FOR
21
REGULATED AFFORDABLE HOUSING ;22
23
(h) THE PRIORITIZED APPLICATION OF KEY CORRIDOR AND24
TRANSIT-ORIENTED AREA ZONING DISTRICTS IN THE MUNICIPALITY 'S25
HIGHEST-INCOME CENSUS TRACTS;26
(i) ESTABLISHING A POLICY TO ALIGN INFRASTRUCTURE27
213
-50- STRATEGIES WITH THE REGULATED AFFORDABLE HOUSING NEEDS1
IDENTIFIED IN THE RELEVANT LOCAL HOUSING NEEDS ASSESSMENT .2
P
OLICIES MAY INCLUDE THE PRIORITIZATION
OF UTILITIES, COST3
EXEMPTIONS, AND DISCOUNTS;4
(j) ESTABLISHING HOUSING AND LAND USE POLICIES INFORMED BY5
THE FINDINGS AND RECOMMENDATIONS OF THE STRATEGIC ACTION PLAN6
ON AGING, DEVELOPED PURSUANT TO SECTION 24-32-3406, AND THE7
LIFELONG COLORADO INITIATIVE CREATED PURSUANT TO SECTION8
26-11-302,
INCLUDING THE EIGHT REALMS OF LIVABLE AND AGE FRIENDLY
9
COMMUNITIES; AND10
(k) ANY OTHER STRATEGIES PROPOSED BY A LOCAL GOVERNMENT11
OR THE STRATEGIC GROWTH COMMITTEE THAT ARE APPROVED BY THE12
DEPARTMENT OF LOCAL AFFAIRS AND THAT SUPPORT EQUAL OR GREATER13
AFFORDABILITY AND ACCESSIBILITY CONSISTENT WITH THE NEEDS14
IDENTIFIED IN THE RELEVANT LOCAL HOUSING NEEDS ASSESSMENT .15
(2) T
HE LONG-TERM AFFORDABILITY STRATEGIES INCLUDED IN THE
16
MENU OF AFFORDABILITY STRATEGIES FOR AN URBAN MUNICIPALITY MUST17
INCLUDE THE FOLLOWING:18
(a) T
HE ESTABLISHMENT OF A DEDICATED LOCAL REVENUE SOURCE
19
FOR REGULATED AFFORDABLE HOUSING DEVELOPMENT , SUCH AS20
INSTITUTING A LINKAGE FEE ON NEW DEVELOPMENTS ;21
(b) T
HE REGULATION OF SHORT-TERM RENTALS, SECOND HOMES,
22
OR OTHER VACANT UNITS IN A WAY THAT PROMOTES THE MAXIMUM USE23
OF LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS AS DETERMINED24
THROUGH A HOUSING NEEDS ASSESSMENT . THIS REGULATION MAY25
INCLUDE EXACTING A VACANCY FEE ON UNDERUTILIZED UNITS .26
(c) M
AKING
A COMMITMENT TO AND REMAINING ELIGIBLE FOR THE27
213
-51- STATE AFFORDABLE HOUSING FUND CREATED IN SECTION 29-32-102 (1); 1
(d) P
RESERVING AFFORDABILITY OF BOTH REGULATED AND
2
UNREGULATED HOUSING THROUGH INTERVENTIONS SUCH AS CAPITAL3
INVESTMENTS IN PROPERTY RESTORATION OR REHABILITATION , LOCAL4
RIGHT OF FIRST REFUSAL PROGRAMS , OR PROGRAMS THAT TRANSITION5
EXISTING HOUSING STOCK TO REGULATED AFFORDABLE HOUSING ;6
(e) I
NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM TO
7
FACILITATE INVESTMENT IN LAND BANKING OR COMMUNITY L AND TRUSTS ;8
(f) T
HE ESTABLISHMENT OF AN AFFORDABLE HOMEOWNERSHIP
9
STRATEGY SUCH AS:10
(I) T
HE ACQUISITION OR PRESERVATION OF DEED RESTRICTIONS ON
11
CURRENT HOUSING UNITS;12
(II) T
HE ESTABLISHMENT OF AN INCENTIVE PROGRAM TO
13
ENCOURAGE REALTORS TO WORK WITH PROSPECTIVE LOW -INCOME AND14
MINORITY HOMEBUYERS ; OR15
(III) T
HE ESTABLISHMENT OF AN AFFORDABLE RENT -TO-OWN
16
PROGRAM; AND17
(g) P
RIORITIZING THE USE OF MUNICIPALLY OWNED DEVELOPABLE
18
LAND FOR AFFORDABLE HOUSING DEVELOPMENT , INCLUDING19
AFFORDABILITY DEED RESTRICTIONS OF AT LEAST SEVENTY -FIVE YEARS.20
(3) U
RBAN MUNICIPALITIES SHALL DEMONSTRATE THE ADOPTION
21
OF THE NUMBER OF THE AFFORDABILITY STRATEGIES SPECIFIED IN SECTION22
29-33-105 (4)(d)(I)
AND SUBMIT A REPORT DETAILING THESE STRATEGIES
23
TO THE DEPARTMENT OF LOCAL AFFAIRS NO LATER THAN JUNE 30, 2025.24
I
N DETERMINING WHICH STRATEGIES TO ADOPT , AN URBAN MUNICIPALITY
25
SHALL CONSIDER PREVIOUS PLANS ADDRESSING HOUSING NEEDS OR OTHER26
AVAILABLE DATA TO INFORM THE SELECTION OF STRATEGIES TO ADDRESS27
213
-52- KNOWN HOUSING NEEDS .1
(4) N
OTWITHSTANDING SECTION 29-33-105 (4)(d)(I), AN URBAN
2
MUNICIPALITY MAY SUBMIT EVIDENCE TO THE DEPARTMENT OF LOCAL3
AFFAIRS CONCERNING AFFORDABILITY STRATEGIES THAT THE4
MUNICIPALITY HAS ADOPTED OUTSIDE OF THOSE LISTED IN THIS SECTION ,5
OR THAT THE MUNICIPALITY ADOPTED PRIOR TO THE EFFECTIVE DATE OF6
THIS SECTION, AND THE IMPACT OF THOSE STRATEGIES. THE DEPARTMENT7
MAY DETERMINE WHETHER THOSE STRATEGIES MAY QUALIFY AS8
AFFORDABILITY STRATEGIES FOR PURPOSES OF SECTION 29-33-1059
(4)(d)(I).10
11
29-33-107. Displacement risk assessment and mitigation12
strategies. (1) Displacement risk assessment and mitigation13
strategies guidelines. (a) NO LATER THAN DECEMBER 31, 2024, THE14
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL15
DEVELOP GUIDANCE FOR MUNICIPALITIES TO CONDUCT A DISPLACEMENT16
RISK ASSESSMENT AND IMPLEMENT DISPLACEMENT MITIGATION17
STRATEGIES AND SHALL PROVIDE GUIDANCE REGARDING THE NUMBER OF18
STRATEGIES THAT MUST BE SELECTED, BASED ON THE RESULTS OF THE19
DISPLACEMENT RISK ASSESSMENT, TO SUPPORT URBAN MUNICIPALITIES20
AND RURAL RESORT JOB CENTER MUNICIPALITIES IN PREVENTING21
DISPLACEMENT AS PART OF THE REQUIRED HOUSING NEEDS PLAN22
PURSUANT TO SECTION 29-33-105.23
(b) THE DISPLACEMENT RISK ASSESSMENT, DISPLACEMENT24
MITIGATION STRATEGIES, AND NUMBER OF DISPLACEMENT MITIGATION25
STRATEGIES MUST PROVIDE ADEQUATE GUIDANCE AND TOOLS FOR26
MUNICIPALITIES TO PREVENT DISPLACEMENT OF LOW -INCOME27
213
-53- HOUSEHOLDS FROM AREAS AT HIGH RISK FOR DISPLACEMENT . IN1
DEVELOPING THIS GUIDANCE , THE EXECUTIVE DIRECTOR OF THE2
DEPARTMENT OF LOCAL AFFAIRS SHALL CONSULT WITH THE3
MULTI-AGENCY ADVISORY COMMITTEE AND PROVIDE A METHOD TO4
RECEIVE INPUT FROM THE LEGISLATIVE OVERSIGHT COMMITTEE CREATED5
IN 29-32-117. THE GUIDANCE MUST INCLUDE HOW RURAL RESORT JOB6
CENTERS SHOULD INCORPORATE REGIONAL WORKFORCE AND COMMUTING7
PATTERN CONSIDERATIONS IN THEIR DISPLACEMENT RISK ASSESSMENT8
AND IMPLEMENTATION OF DISPLACEMENT MITIGATION STRATEGIES.9
(2) Displacement risk assessment. (a) A DISPLACEMENT RISK10
ASSESSMENT MUST CONSIDER :11
(I) GEOGRAPHY AS DETERMINED WITH FEEDBACK GATHERED FROM12
THE RESIDENTS OF THE COMMUNITY IN ADDITION TO DATA ANALYZED AT13
THE CENSUS TRACT LEVEL OR SIMILAR GEOGRAPHIC SCALE FOR WHICH14
THERE IS DATA AVAILABLE;15
(II) INFORMATION FROM NEIGHBORHOOD-LEVEL EARLY WARNING16
AND RESPONSE SYSTEMS THAT CAN HELP MUNICIPALITIES AND17
COMMUNITY ADVOCATES ANTICIPATE FUTURE DISPLACEMENT DUE TO18
RISING HOUSING COSTS;19
(III) BASELINE CENSUS DATA AND OTHER DATA POINTS THAT ARE20
UPDATED ON A FREQUENT BASIS;21
(IV) QUALITATIVE AND QUANTITATIVE INDICATORS OF :22
(A) NEIGHBORHOOD CHANGE INCLUDING DEMOGRAPHIC AND23
ECONOMIC CHANGE RELATED TO RESIDENTS AND BUSINESSES IN THE24
NEIGHBORHOOD; AND25
(B) GENTRIFICATION, WHICH REFERS TO INCREASED ECONOMIC26
ACTIVITY OR VALUE IN A NEIGHBORHOOD, OFTEN DRIVEN BY PUBLIC AND27
213
-54- PRIVATE INVESTMENT IN INFRASTRUCTURE AND AMENITIES, THAT LEADS1
TO AN INCREASE IN THE NEIGHBORHOOD AREA MEDIAN INCOME AND2
PROPERTY VALUES THAT IS OFTEN ACCOMPANIED BY DISPLACEMENT OF3
LOW-INCOME RESIDENTS AND COMMUNITY SERVICING BUSINESSES AND4
INSTITUTIONS; AND5
(V) DISPLACEMENT, AS DEFINED IN SECTION 29-33-102 (9).6
DISPLACEMENT IS DISTINCT FROM RESIDENTIAL MOBILITY , WHICH7
INCLUDES VOLUNTARY HOUSEHOLD MOVEMENT .8
(b) THE GUIDANCE FOR A DISPLACEMENT RISK ASSESSMENT MAY9
INCLUDE THE FOLLOWING QUANTITATIVE FACTORS THAT CAN BE USED TO10
IDENTIFY RISKS FOR DISPLACEMENT AT THE CENSUS TRACT OR OTHER11
SIMILAR GEOGRAPHIC SCALE FOR WHICH DATA IS AVAILABLE :12
(I) THE PERCENTAGE OF HOUSEHOLDS THAT ARE EXTREMELY13
LOW-INCOME, VERY LOW-INCOME, AND LOW-INCOME, AS DEFINED BY THE14
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ;15
(II) THE PERCENTAGE OF RESIDENTS WHO ARE RENTERS ;16
(III) THE PERCENTAGE OF COST-BURDENED HOUSEHOLDS DEFINED17
AS SPENDING MORE THAN THIRTY PERCENT OF THE RESIDENT'S INCOME ON18
HOUSING NEEDS;19
(IV) THE NUMBER OF ADULTS WHO ARE TWENTY-FIVE YEARS OF20
AGE OR OLDER AND HAVE NOT EARNED AT LEAST A HIGH SCHOOL21
DIPLOMA;22
(V) THE PERCENTAGE OF HOUSEHOLDS IN WHICH THE PRIMARY23
LANGUAGE THAT IS SPOKEN IS A LANGUAGE OTHER THAN ENGLISH;24
(VI) THE PERCENTAGE OF RESIDENTS WHO WERE BORN OUTSIDE OF25
THE UNITED STATES ACCORDING TO PUBLICLY AVAILABLE STATE AND26
FEDERAL INFORMATION;27
213
-55- (VII) THE EMPLOYMENT RATE;1
(VIII) THE PERCENTAGE OF WORKERS WHO LIVE WITHIN A2
TEN-MILE RADIUS OF AN URBAN MUNICIPALITY OR A TWENTY-MILE RADIUS3
OF A RURAL RESORT JOB CENTER;4
(IX) THE PERCENTAGE OF HOUSEHOLDS THAT DO NOT HAVE5
INTERNET ACCESS;6
(X) THE PERCENTAGE OF HOUSING STOCK BUILT PRIOR TO 1970;7
(XI) INSTITUTIONAL INVESTOR REAL ESTATE ACTIVITY IN THE8
FOR-SALE MARKET WHERE THIS INFORMATION IS READILY AVAILABLE ;9
(XII) CHANGE IN LAND PRICES, RENTAL PRICES, PROPERTY VALUES,10
AND OTHER REAL ESTATE AND HOUSING INDICATORS ;11
(XIII) THE NUMBER OF RENTERS WHO WERE LEGALLY EVICTED FOR12
NONPAYMENT OF RENT IN THE PRIOR CALENDAR YEAR FOR ALL AREAS13
WHERE THIS INFORMATION IS READILY AVAILABLE ;14
(XIV) THE NUMBER OF COLORADO-OWNED AND15
COLORADO-OPERATED SMALL BUSINESSES WITH TEN EMPLOYEES OR16
FEWER WHERE THIS INFORMATION IS READILY AVAILABLE ; AND17
(XV) THE CHANGE IN THE NUMBER OF COLORADO-OWNED AND18
COLORADO-OPERATED SMALL BUSINESSES WITH TEN EMPLOYEES OR19
FEWER OVER FIVE YEARS WHERE THIS INFORMATION IS READILY20
AVAILABLE.21
(c) IN DEVELOPING A DISPLACEMENT RISK ASSESSMENT , URBAN22
MUNICIPALITIES AND RURAL RESORT JOB CENTER MUNICIPALITIES MUST23
ALSO CONDUCT INCLUSIVE COMMUNITY ENGAGEMENT WITH RESIDENTS OF24
AREAS IDENTIFIED AS BEING AT ELEVATED RISK FOR DISPLACEMENT TO25
ADDRESS ADDITIONAL QUALITATIVE INDICATORS OF DISPLACEMENT .26
(3) Displacement mitigation strategies. (a) THE GOALS OF27
213
-56- DISPLACEMENT MITIGATION STRATEGIES ARE TO ENSURE THAT :1
(I) VULNERABLE HOMEOWNERS AND RENTERS IN NEIGHBORHOODS2
EXPERIENCING GENTRIFICATION ARE NOT DISPLACED FROM THEIR CURRENT3
HOMES AND NEIGHBORHOODS ;4
(II) THE EXISTING AFFORDABLE HOUSING STOCK, BOTH SUBSIDIZED5
AND UNSUBSIDIZED, IN GENTRIFYING NEIGHBORHOODS IS PRESERVED SO6
THAT DWELLING UNITS ARE IN GOOD CONDITION WHILE REMAINING7
AFFORDABLE TO LOW TO MODERATE -INCOME RESIDENTS;8
(III) CITY PLANNING AND LAND USE DECISIONS INCORPORATE9
INCLUSIVE AND EQUITABLE DISPLACEMENT MITIGATION STRATEGIES, AND10
LOW-INCOME PERSONS AND COMMUNITIES OF COLOR ARE EMPOWERED TO11
PARTICIPATE EARLY AND MEANINGFULLY IN LAND USE DECISIONS THAT12
SHAPE THEIR HOMES, NEIGHBORHOODS, AND COMMUNITIES;13
(IV) NEW AFFORDABLE HOUSING OPTIONS ARE CREATED TO SERVE14
CURRENT AND FUTURE VULNERABLE HOUSEHOLDS IN NEIGHBORHOODS15
EXPERIENCING GENTRIFICATION;16
(V) VULNERABLE RESIDENTS ARE ABLE TO REMAIN OR RETURN TO17
THEIR COMMUNITIES BY ACCESSING THE NEW AFFORDABLE HOUSING18
OPPORTUNITIES IN THEIR NEIGHBORHOODS ; AND19
(VI) AN EQUAL OR GREATER AMOUNT OF AFFORDABLE HOUSING20
IS PROVIDED IN AREAS IDENTIFIED AS AT-RISK OF DISPLACEMENT BASED ON21
THE DISPLACEMENT RISK ASSESSMENT .22
(b) EACH OF THE DISPLACEMENT MITIGATION STRATEGIES MUST BE23
ABLE TO BE INCORPORATED BY URBAN MUNICIPALITIES AND RURAL24
RESORT JOB CENTER MUNICIPALITIES INTO THE MUNICIPALITY'S HOUSING25
NEEDS PLAN AS REQUIRED BY SECTION 29-33-105. THIS MENU OF26
DISPLACEMENT MITIGATION STRATEGIES MUST INCLUDE :27
213
-57- (I) GUIDANCE AND RECOMMENDATIONS FOR HOW A LOCAL1
GOVERNMENT SHALL INCORPORATE THE DISPLACEMENT RISK ASSESSMENT2
REQUIRED PURSUANT TO SUBSECTION (1) OF THIS SECTION INTO A HOUSING3
NEEDS PLAN;4
(II) LONG-TERM DISPLACEMENT MITIGATION STRATEGIES FROM5
WHICH MUNICIPALITIES MUST CHOOSE TO ADDRESS AREAS IDENTIFIED IN6
THE DISPLACEMENT RISK ASSESSMENT REQUIRED BY SUBSECTION (2) OF7
THIS SECTION, WHICH MAY INCLUDE:8
(A) DEVELOPING A PROGRAM TO OFFER TECHNICAL ASSISTANCE9
AND FINANCIAL SUPPORT FOR COMMUNITY ORGANIZATIONS TO DEVELOP10
INDEPENDENT COMMUNITY LAND TRUSTS ;11
(B) LOCAL GOVERNMENT PLANNING FOR ACQUISITION AND12
REHABILITATING OF NATURALLY OCCURRING AFFORDABLE RENTALS ,13
EITHER TO ENTER INTO A LAND TRUST OR TO INCLUDE AFFORDABILITY14
DEED RESTRICTIONS;15
(C) IMPLEMENTING LOCAL RIGHT OF FIRST REFUSAL FOR EXPIRING16
REGULATED AFFORDABLE HOUSING UNITS, PRIORITIZE LOCAL FUNDS17
TOWARD AFFORDABLE UNIT PRESERVATION , OR IMPLEMENTING OR18
CONTINUING DEED RESTRICTED AFFORDABLE HOUSING UNITS .19
(D) REQUIRING MULTIFAMILY DEVELOPERS WHO BUILD NEW20
LARGE MULTIFAMILY DEVELOPMENTS IN AREAS AT RISK OF21
DISPLACEMENT, AS IDENTIFIED BY THE DISPLACEMENT RISK ASSESSMENT,22
TO CREATE A COMMUNITY BENEFITS AGREEMENT WITH AFFECTED23
POPULATIONS IN CLOSE PROXIMITY TO THE DEVELOPMENT ; AND24
(E) PROVIDING A PRIORITIZATION POLICY FOR CURRENT RESIDENTS25
IN NEW REGULATED AFFORDABLE HOUSING DEVELOPMENTS FOR THE FIRST26
FEW MONTHS OF WHEN UNITS ARE LEASED AFTER CONSTRUCTION ;27
213
-58- (III) SHORT-TERM DISPLACEMENT MITIGATION STRATEGIES FROM1
WHICH LOCAL GOVERNMENTS SHALL CHOOSE , WHICH MAY INCLUDE:2
(A) THE CREATION OF A LOCALLY FUNDED AND ADMINISTERED3
RENTAL AND MORTGAGE ASSISTANCE PROGRAM ;4
(B) THE CREATION OF AN EVICTION AND FORECLOSURE NO-COST5
LEGAL REPRESENTATION PROGRAM ;6
(C) THE ESTABLISHMENT OF A HOUSING COUNSELING AND7
NAVIGATION PROGRAM; AND8
(D) THE CREATION OF A PROPERTY TAX AND DOWN PAYMENT9
ASSISTANCE PROGRAM; AND10
(E) ANY OTHER STRATEGIES PROPOSED BY A LOCAL GOVERNMENT11
OR THE MULTI-AGENCY ADVISORY COMMITTEE THAT ARE APPROVED BY12
THE DEPARTMENT OF LOCAL AFFAIRS AND THAT SUPPORT THE GOALS OF13
THIS SECTION.14
(c) MUNICIPALITIES SHALL ADOPT A MINIMUM NUMBER OF15
SHORT-TERM AND LONG-TERM DISPLACEMENT MITIGATION STRATEGIES AS16
DETERMINED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL17
AFFAIRS. MUNICIPALITIES MAY NOT COUNT THE SAME STRATEGY18
TOWARDS SATISFYING BOTH THE MINIMUM NUMBER OF REQUIRED19
STRATEGIES PURSUANT TO THE MENU OF AFFORDABILITY STRATEGIES20
REQUIRED BY SECTION 29-33-106 AND THIS SUBSECTION (3).21
(4) Assessment and strategies. NO LATER THAN DECEMBER 31,22
2025, AND AS PART OF EVERY HOUSING NEEDS PLAN PURS UANT TO23
SECTION 29-33-105, IN ACCORDANCE WITH THE GUIDANCE FOR CREATING24
A DISPLACEMENT RISK ASSESSMENT AND THE SELECTION OF25
DISPLACEMENT MITIGATION STRATEGIES, EVERY URBAN MUNICIPALITY26
AND RURAL RESORT JOB CENTER MUNICIPALITY SHALL DEVELOP, ADOPT,27
213
-59- AND SUBMIT A DISPLACEMENT RISK ASSESSMENT AND A DESCRIPTION OF1
THE EVIDENCE-BASED DISPLACEMENT MITIGATION STRATEGIES IT2
SELECTED TO THE DEPARTMENT OF LOCAL AFFAIRS AS PART OF A HOUSING3
NEEDS PLAN REQUIRED UNDER SECTION 29-33-105. THE STRATEGIES THAT4
A MUNICIPALITY SELECTS MUST BE EVIDENCE-BASED AND INFORMED BY5
ITS DISPLACEMENT RISK ASSESSMENT AND THE MEDIAN INCOME OF AREAS6
IDENTIFIED AS AT RISK OF DISPLACEMENT. AN URBAN MUNICIPALITY AND7
RURAL RESORT JOB CENTER MUNICIPALITY SHALL PROVIDE SUPPORTING8
INFORMATION AND A NARRATIVE TO DEMONSTRATE HOW THE STRATEGIES9
WILL MITIGATE DISPLACEMENT AS IDENTIFIED IN THE DISPLACEMENT RISK10
ASSESSMENT. THE DEPARTMENT OF LOCAL AFFAIRS SHALL POST THE11
SUBMITTED PLANS PUBLICLY ON ITS WEBSITE .12
(5) Public comment. BEFORE ADOPTING AND SUBMITTING A FINAL13
DISPLACEMENT RISK ASSESSMENT AND MAKING A FINAL SELECTION OF14
DISPLACEMENT MITIGATION STRATEGIES, AN URBAN MUNICIPALITY AND15
A RURAL RESORT JOB CENTER MUNICIPALITY SHALL PUBLISH THE MOST16
RECENT DRAFT OF ITS DISPLACEMENT RISK ASSESSMENT AND THE17
DISPLACEMENT MITIGATION STRATEGIES IT SELECTED AND ENGAGE IN A18
PUBLIC COMMENT PROCESS PURSUANT TO 29-33-105 (3)(b) AND 29-33-11119
(5)(b)(II).20
(6) Prior displacement efforts. BY JANUARY 1, 2025, URBAN21
MUNICIPALITIES AND RURAL RESORT JOB CENTER MUNICIPALITIES MAY22
SUBMIT EVIDENCE -BASED MITIGATION STRATEGIES LINKED TO23
DISPLACEMENT RISK ASSESSMENTS AND THE IMPACT OF THE STRATEGIES24
THAT THE MUNICIPALITY ADOPTED PRIOR TO THE EFFECTIVE DATE OF THIS25
SECTION TO THE DEPARTMENT OF LOCAL AFFAIRS. THE DEPARTMENT MAY26
DETERMINE WHETHER THOSE STRATEGIES QUALIFY AS A DISPLACEMENT27
213
-60- MITIGATION LONG-TERM OR SHORT-TERM STRATEGY TO SATISFY THE1
NUMBER OF STRATEGIES THAT MUST BE ADOPTED PURSUANT TO2
SUBSECTION (1)(a) OF THIS SECTION.3
(7) Technical assistance. THE DEPARTMENT OF LOCAL AFFAIRS4
SHALL PROVIDE TECHNICAL ASSISTANCE AND FUNDING TO SUPPORT TIER5
ONE AND TIER TWO URBAN MUNICIPALITIES AND RURAL RESORT JOB6
CENTER MUNICIPALITIES IN CONDUCTING A DISPLACEMENT ASSESSMENT7
AND IN IDENTIFYING DISPLACEMENT MITIGATION STRATEGIES TO ADDRESS8
THE RISK OF DISPLACEMENT IN THE AREAS AT THE HIGHEST RISK OF9
DISPLACEMENT.10
29-33-108. Strategic growth objectives - reporting. (1) (a) N
O
11
LATER THAN MARCH 31, 2024, THE EXECUTIVE DIRECTOR OF THE12
DEPARTMENT OF LOCAL AFFAIRS SHALL PUBLISH A REPORT THAT13
IDENTIFIES MULTI-AGENCY IMPLEMENTATION PRINCIPLES TO ACHIEVE14
STRATEGIC GROWTH OBJECTIVES . THE EXECUTIVE DIRECTOR SHALL15
UPDATE THIS REPORT EVERY SIX YEARS.16
(b) T
HE
STRATEGIC GROWTH COMMITTEE SHALL, AS PART OF THE17
PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION18
29-33-109
(2), DEVELOP RECOMMENDATIONS TO PROVIDE TO THE
19
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS20
CONCERNING THE REPORT DESCRIBED IN SUBSECTION (1)(a) OF THIS21
SECTION.22
(2) S
TRATEGIC GROWTH OBJECTIVES SERVE AS BROAD GUIDANCE
23
TO STATE AGENCIES AND OTHER ENTITIES ENGAGED IN THE24
IMPLEMENTATION OF SENATE BILL 23-213, ARE INTENDED TO AID IN25
REACHING THE HOUSING AND LAND USE GOALS OF SENATE BILL 23-213 AS26
IDENTIFIED IN SUBSECTION (4) OF THIS SECTION, AND ARE TO BE UTILIZED27
213
-61- IN DEVELOPING MULTI -AGENCY IMPLEMENTATION PRINCIPLES FOR1
STRATEGIC GROWTH OBJECTIVES . STRATEGIC GROWTH OBJECTIVES MUST2
BE DRAFTED IN A WAY THAT, AT A MINIMUM:3
(a) D
EFINES STRATEGIC GROWTH AREAS AS AREAS WITHIN
4
EXISTING CENSUS URBANIZED AREAS THAT INCLUDE AREAS :5
(I) W
ITHIN KEY CORRIDORS AND TRANSIT-ORIENTED AREAS;
6
(II) T
HAT ARE VACANT, PARTIALLY VACANT, AND UNDERUTILIZED
7
LAND;8
(III) T
HAT CAN ACCOMMODATE INFILL DEVELOPMENT ,
9
REDEVELOPMENT, AND NEW DEVELOPMENT ;10
(IV) T
HAT INCLUDE GREYFIELD DEVELOPMENT AND BROWNFIELD
11
DEVELOPMENT;12
(V) T
HAT INCLUDE A VARIETY OF HOUSING TYPES AT DENSITY
13
LEVELS THAT SUPPORT FREQUENT TRANSIT SERVICE , FOR BOTH EXISTING14
AND FUTURE TRANSIT CORRIDORS ;15
(VI) T
HAT INCLUDE MIDDLE HOUSING AND MULTIFAMILY HOUSING
16
IN EXISTING OR FUTURE WALKABLE MIXED -USE NEIGHBORHOODS AND17
CENTERS;18
(VII) W
ITH SUFFICIENT WATER SUPPLIES AND ALLOCATIONS TO
19
SUPPORT AFFORDABLE AND WATER -EFFICIENT DESIGN; AND20
(VIII) THAT PROVIDE OPPORTUNITIES TO IMPLEMENT WATER21
CONSERVATION AND OTHER STATE WATER PLAN GOALS ;22
(b) ALLOWS FOR AREAS BEYOND AN EXISTING CENSUS URBANIZED23
AREA TO BE CONSIDERED A STRATEGIC GROWTH AREA, IF THE AREA IS24
EXPERIENCING GROWTH AND MEETS THE CRITERIA IN SUBSECTIONS25
(2)(a)(V), (2)(a)(VI), (2)(a)(VII), AND (2)(a)(VIII) OF THIS SECTION;26
(c) REQUIRES STATE AGENCIES TO CONSIDER THE DIFFERENT27
213
-62- CONTEXTS AND NEEDS OF STRATEGIC GROWTH AREAS IN RURAL , RURAL1
RESORT, AND URBAN AREAS OF THE STATE;2
(d) PROMOTES INVESTMENTS THAT SUPPORT STRATEGIC GROWTH3
AREAS;4
(e) STREAMLINES AGENCY PERMITTING PROCESSES TO SUPPORT5
STRATEGIC GROWTH AREAS AND IDENTIFY METHODS TO ALIGN THE STATE6
AGENCY FUNDING PROGRAMS WITH STRATEGIC GROWTH OBJECTIVES ;7
(f) REQUIRES PROJECT PRIORITIZATION PROCESSES AND GRANT8
PROGRAMS TO SUPPORT STRATEGIC GROWTH AREAS ;9
(g) IDENTIFIES STEPS TO SUPPORT STRATEGIC GROWTH OBJECTIVES10
WHEN UPDATING PLANNING DOCUMENTS;11
(h) IDENTIFIES METRICS AND STANDARDS TO DEFINE AND SUPPORT12
WALKABLE MIXED-USE DEVELOPMENT, SAFE ACCESS TO TRANSIT, AND13
COMPLETE STREETS;14
(i) ALLOWS FOR THE IDENTIFICATION OF NEW STRATEGIC GROWTH15
OBJECTIVES AS NEEDED DURING THE IMPLEMENTATION OF THE16
MULTI-AGENCY IMPLEMENTATION PRINCIPLES IDENTIFIED IN SUBSECTION17
(1)(a) OF THIS SECTION; AND18
(j) IDENTIFIES REDUCED PARKING MINIMUMS IN STRATEGIC19
GROWTH AREAS.20
(3) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL21
AFFAIRS MAY IDENTIFY AND DEFINE ADDITIONAL STRATEGIC GROWTH22
OBJECTIVES BEYOND THOSE IDENTIFIED IN SUBSECTION (2) OF THIS23
SECTION.24
(4) FOR THE PURPOSES OF THIS SECTION, THE HOUSING AND LAND25
USE GOALS OF THIS SENATE BILL 23-213 INCLUDE:26
(a) PLANNING FOR FUTURE GROWTH ;27
213
-63- (b) INCREASING HOUSING AFFORDABILITY AND ACCESSIBILITY ;1
(c) INCREASING ECONOMIC MOBILITY ;2
(d) STRENGTHENING ECONOMIC DEVELOPMENT AND JOB GROWTH3
PATTERNS;4
(e) BALANCING REGIONAL JOBS AND HOUSING ;5
(f) ALIGNING WATER SUPPLY AND HOUSING PLANNING ;6
(g) WATER CONSERVATION7
(h) REDUCING AIR POLLUTION AND GREENHOUSE GAS EMISSIONS8
AND9
(i) PRESERVING OPEN SPACE AND AGRICULTURAL LAND .10
29-33-109. Public comment and hearing process. (1) I
N
11
DEVELOPING RECOMMENDATIONS CONCERNING GUIDANCE FOR THE12
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS , THE13
STRATEGIC GROWTH COMMITTEE CREATED IN SECTION 29-33-103 (1),14
RURAL RESORT AREA SUBCOMMITTEE CREATED IN SECTION 29-33-103 (8),15
OR THE URBAN AREA SUBCOMMITTEE CREATED IN SECTION 29-33-103 (9),16
SHALL CONDUCT A PUBLIC COMMENT AND HEARING PROCESS ABOUT :17
(a) D
EVELOPING METHODOLOGY FOR THE DEVELOPMENT OF
18
STATEWIDE, REGIONAL, AND LOCAL HOUSING NEEDS ASSESSMENTS19
PURSUANT TO SECTION 29-33-104;20
(b) C
REATING A HOUSING NEEDS PLAN PURSUANT TO SECTION
21
29-33-105;22
(c) D
EVELOPING A MENU OF AFFORDABILITY STRATEGIES THAT
23
INCLUDES STRATEGIES TO ADDRESS HOUSING PRODUCTION ,24
PRESERVATION, AND AFFORDABILITY PURSUANT TO SECTION 29-33-106;25
(d) D
EVELOPING A MENU OF DISPLACEMENT MITIGATION
26
STRATEGIES FOR URBAN MUNICIPALITIES PURSUANT TO SECTION27
213
-64- 29-33-107;1
(e) P
UBLISHING A REPORT THAT IDENTIFIES STRATEGIC GROWTH
2
OBJECTIVES PURSUANT TO SECTION 29-33-108; AND3
(f) D
EVELOPING REPORTING GUIDANCE AND TEMPLATES FOR
4
RURAL RESORT JOB CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES5
PURSUANT TO SECTION 29-33-113.6
(2) T
O CONDUCT THE PUBLIC COMMENT AND HEARING PROCESS
7
REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE STRATEGIC GROWTH8
COMMITTEE CREATED IN SECTION 29-33-103 (1), RURAL RESORT AREA9
SUBCOMMITTEE CREATED IN SECTION 29-33-103 (8), OR THE URBAN AREA10
SUBCOMMITTEE CREATED IN SECTION 29-33-103 (9), SHALL:11
(a) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC
12
HEARINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO13
COMMENT ON THE SUBJECT OF THE HEARING ;14
(b) A
LLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE
15
SUBJECT OF THE HEARING;16
(c) C
ONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL
17
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ;18
(d) CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL19
COMMUNITY GROUPS THAT ARE MOST AT RISK OF DISPLACEMENT ;20
(e) CONSULT WITH EXPERTS IN DISABILITY RIGHTS, HOMELESSNESS21
PREVENTION, AFFORDABLE HOUSING, AND TENANT RIGHTS; AND22
(f) ENSURE ACCESSIBILITY TO THE COMMENT AND HEARING23
PROCESS BY PROVIDING TRANSLATED MATERIALS AND INTERPRETATION24
SERVICES, PROVIDING AT LEAST ONE OF THE HEARINGS IN PERSON , AND25
CONDUCTING OUTREACH TO ENCOURAGE PARTICIPATION FROM26
UNDERREPRESENTED COMMUNITIES .27
213
-65- 29-33-110. Natural and agricultural land priorities report.1
(1) N
O LATER THAN DECEMBER 31, 2024, THE OFFICE OF CLIMATE
2
PREPAREDNESS CREATED IN SECTION 24-38.8-102 (1) SHALL CONSULT3
WITH THE DEPARTMENT OF AGRICULTURE , THE DIVISION OF PARKS AND4
WILDLIFE WITHIN THE DEPARTMENT OF NATURAL RESOURCES , THE5
OUTDOOR RECREATION INDUSTRY OFFICE IN THE OFFICE OF ECONOMIC6
DEVELOPMENT, THE COLORADO TOURISM OFFICE , THE MULTI-AGENCY7
GROUP, AND EXPERTS IN RELATED FIELDS TO DEVELOP A REPORT THAT8
IDENTIFIES INTERJURISDICTIONAL PRIORITIES THAT METROPOLITAN9
PLANNING ORGANIZATIONS SHOULD APPLY TO ACHIEVE:10
(a) C
ONNECTIVITY TO OPEN SPACE, WILDLIFE HABITAT, AND OTHER
11
PRIORITY LANDSCAPES; 12
(b) P
RESERVATION OF AGRICULTURAL LAND , HISTORIC AND
13
CULTURAL RESOURCES, URBAN PARKS AND GREEN SPACES, EXURBAN OPEN14
SPACE, RECREATIONAL RESOURCES, WILDLIFE HABITATS, AND ECOSYSTEMS15
WITH THE GREATEST NEED FOR CONSERVATION AND MITIGATING HAZARDS ;16
AND17
(c) IDENTIFICATION OF BEST PRACTICES, TOOLS AND RESOURCES18
RELATED TO SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION.19
(2) T
HE REPORT MUST INTEGRATE AND INCLUDE INFORMATION
20
FROM RELEVANT EXISTING AND UNDER DEVELOPMENT STATE PLANS ,21
INCLUDING THE DIVISION OF PARKS AND WILDLIFE 'S STATE WILDLIFE22
ACTION PLAN, THAT ADDRESS CONSERVATION, RECREATION, AND CLIMATE23
ADAPTATION, AND MUST BE UPDATED TO INCORPORATE RESULTS OF NEW24
PLANS, DATA, OR ANALYSES THAT ARE COMPLETED AFTER THE INITIAL25
COMPLETION OF THE REPORT.26
(3) T
HE DEPARTMENT OF LOCAL AFFAIRS SHALL PUBLISH THE
27
213
-66- REPORT AND MAKE IT AVAILABLE AS A RESOURCE FOR LOCAL1
GOVERNMENTS FOR USE IN DEVELOPING MASTER PLANS PURSUANT TO2
SECTIONS 30-28-106 AND 31-23-206 AS APPLICABLE.3
29-33-111. Rural resort job center municipalities - existing4
plans to address local housing needs - menu of affordability strategies5
- regional housing needs planning process. (1) Existing plans to6
address local housing needs. A
RURAL RESORT JOB CENTER
7
MUNICIPALITY THAT ADOPTS A PLAN TO ADDRESS LOCAL HOUSING NEEDS8
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION MAY , RATHER THAN9
DEVELOPING AND ADOPTING A NEW HOUSING NEEDS PLAN PURSUANT TO10
SUBSECTION (3)(b) OF THIS SECTION, UPDATE ITS EXISTING PLAN TO11
ADDRESS ADDITIONAL NEEDS IDENTIFIED IN THE LOCAL HOUSING NEEDS12
ASSESSMENT BEYOND WHAT THE MUNICIPALITY 'S EXISTING PLAN TO13
ADDRESS LOCAL HOUSING NEEDS INCLUDES , AND ANY REQUIREMENTS IN14
SECTION 29-33-105 (4) NOT ALREADY INCLUDED IN THE MUNICIPALITY 'S15
EXISTING PLAN TO ADDRESS LOCAL HOUSING NEEDS .16
(2) Rural resort job center municipality planning goals. I
N
17
ORDER TO SUPPORT AFFORDABILITY AND ADVANCE MEETING THE HOUSING18
NEEDS OF LOW- AND MODERATE-INCOME HOUSEHOLDS, AS DEFINED BY19
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN20
DEVELOPMENT, THE MENU OF AFFORDABILITY STRATEGIES FOR A RURAL21
RESORT JOB CENTER MUNICIPALITY MUST INCLUDE BOTH AFFORDABLE22
DEVELOPMENT STRATEGIES AND LONG -TERM AFFORDABILITY STRATEGIES. 23
WHEN SELECTING AND IMPLEMENTING AFFORDABILITY STRATEGIES, A24
RURAL RESORT JOB CENTER MUST PRIORITIZE STRATEGIES THAT SUPPORT25
REGULATED AFFORDABLE HOUSING , INCLUDING MIXED -INCOME26
DEVELOPMENT AND DEVELOPMENTS THAT ONLY CONTAIN REGULATED27
213
-67- AFFORDABLE HOUSING. THE AFFORDABLE DEVELOPMENT STRATEGIES1
INCLUDED IN THE MENU OF AFFORDABILITY STRATEGIES FOR A RURAL2
RESORT JOB CENTER MUNICIPALITY MUST INCLUDE THE FOLLOWING :3
(a) A
STRATEGY DEFINED BY THE RURAL RESORT JOB CENTER
4
MUNICIPALITY THAT SETS PARAMETERS FOR THE CONSTRUCTION AND5
PERMITTING OF ACCESSORY DWELLING UNITS WITH AFFORDABILITY6
PROTECTIONS THAT MEET THE RURAL RESORT JOB CENTER MUNICIPALITY 'S7
HOUSING AFFORDABILITY NEEDS ;8
(b) A
STRATEGY DEFINED BY THE RURAL RESORT JOB CENTER
9
MUNICIPALITY THAT SETS PARAMETERS FOR THE CONSTRUCTION AND10
PERMITTING OF MIDDLE HOUSING AND MULTIFAMILY HOUSING THAT :11
(I) I
S WITHIN A WALKABLE DISTANCE OF TRANSIT STOPS , WHEN
12
POSSIBLE;13
(II) I
NCORPORATES AFFORDABILITY PROTECTIONS SUCH AS DEED
14
RESTRICTIONS AND SHORT-TERM RENTAL RESTRICTIONS AS IDENTIFIED BY15
THE RURAL RESORT JOB CENTER MUNICIPALITY ; AND16
(III) P
ROVIDES HOUSING THAT M EETS THE RURAL RESORT JOB
17
CENTER MUNICIPALITY'S DEMONSTRATED HOUSING AFFORDABILITY NEEDS18
AND SHORTAGES, TAKING INTO CONSIDERATION REGIONAL WORKFORCE19
COMMUTING TRENDS;20
(c) I
MPLEMENTING A LOCAL INCLUSIONARY ZONING ORDINANCE IN
21
ACCORDANCE WITH THE REQUIREMENTS OF SECTION 29-20-104 (e.5) AND22
(e.7);23
(d) THE CREATION OF A PROGRAM TO PRIORITIZE DEVELOPMENT24
PERMITS AND SUBSIDIZE OR OTHERWISE REDUCE IMPACT FEES OR OTHER25
SIMILAR DEVELOPMENT CHARGES FOR AFFORDABLE HOUSING26
DEVELOPMENT WHERE APPLICABLE ;27
213
-68- (e) CREATING AN EXPEDITED DEVELOPMENT REVIEW PROCESS FOR 1
AFFORDABLE HOUSING DEVELOPMENTS ;2
(f) E
STABLISHING A DENSITY BONUS PROGRAM THAT ALLOWS
3
INCREASED FLOOR AREA RATIO, DENSITY, OR HEIGHT TO INCREASE THE4
CONSTRUCTION OF AFFORDABLE HOUSING UNITS ;5
(g) E
NABLING AFFORDABLE HOUSING AS A USE BY RIGHT IN
6
HOUSING TYPES AND AREAS CONSISTENT WITH THE GOALS OF INCREASING7
HOUSING AFFORDABILITY, SUPPLY, AND HOUSING UNIT TYPE DIVERSITY;8
(h) E
STABLISHING A POLICY OR PLAN TO LEVERAGE
9
MUNICIPALLY-OWNED LAND FOR THE DEVELOPMENT OF AFFORDABLE10
HOUSING;11
(i) E
STABLISHING A DEDICATED LOCAL REVENUE SOURCE FOR THE
12
DEVELOPMENT OF AFFORDABLE HOUSING ;13
14
(j) REDUCING OR ELIMINATING LOCAL PARKING REQUIREMENTS15
FOR REGULATED AFFORDABLE HOUSING ;16
17
(k) ADOPTING A POLICY THAT RESULTS IN NON -CONSTRUCTION18
SOLUTIONS TO INCREASE AFFORDABLE HOUSING , INCLUDING THE:19
(I) A
CQUISITION OF DEED RESTRICTIONS ON EXISTING
20
MARKET-RATE HOUSING UNITS;21
(II) P
RESERVATION OF EXISTING DEED RESTRICTIONS ; OR
22
(III) P
ROGRAMS TO DISINCENTIVE THE USE OF HOMES AS
23
NON-PRIMARY RESIDENCES;24
(l) ADOPTING A REGIONAL HOUSING NEEDS PLAN WITH25
MULTI-JURISDICTIONAL COMMITMENTS TO MEET IDENTIFIED HOUSING26
TARGETS TO INCREASE THE SUPPLY OF REGULATED AFFORDABLE HOUSING;27
213
-69- (m) ESTABLISHING A POLICY TO ALIGN INFRASTRUCTURE1
STRATEGIES WITH THE AFFORDABLE HOUSING NEEDS IDENTIFIED IN THE2
RELEVANT LOCAL HOUSING NEEDS ASSESSMENT . POLICIES MAY INCLUDE3
THE PRIORITIZATION OF UTILITIES, COST EXEMPTIONS, AND DISCOUNTS.4
(n) ADOPTING A STRATEGY PROPOSED BY EITHER A LOCAL5
GOVERNMENT OR THE STRATEGIC GROWTH COMMITTEE, AND THAT IS6
APPROVED BY THE DEPARTMENT OF LOCAL AFFAIRS , THAT SUPPORTS7
EQUAL OR GREATER HOUSING AFFORDABILITY CONSISTENT WITH THE8
NEEDS IDENTIFIED IN THE RELEVANT LOCAL HOUSING NEEDS ASSESSMENT ;9
AND10
(o) ADOPTING A POLICY OR REGULATORY TOOL THAT INCENTIVIZES11
THE PROMOTION OF AFFORDABLE HOUSING DEVELOPMENT AS IDENTIFIED12
IN SECTION 24-32-130 (3).13
(3) T
HE LONG-TERM AFFORDABILITY STRATEGIES INCLUDED IN THE
14
MENU OF AFFORDABILITY STRATEGIES FOR A RURAL RESORT JOB CENTER15
MUNICIPALITY MUST INCLUDE THE FOLLOWING :16
(a) T
HE ESTABLISHMENT OF A DEDICATED LOCAL REVENUE SOURCE
17
FOR AFFORDABLE HOUSING DEVELOPMENT , SUCH AS INSTITUTING A18
LINKAGE FEE ON NEW DEVELOPMENTS ;19
(b) T
HE REGULATION OF SHORT-TERM RENTALS, SECOND HOMES,
20
OR OTHER VACANT UNITS IN A WAY THAT PROMOTES THE MAXIMUM USE21
OF LOCAL HOUSING STOCK FOR LOCAL HOUSING NEEDS AS DETERMINED22
THROUGH A HOUSING NEEDS ASSESSMENT . THIS REGULATION MAY23
INCLUDE EXACTING A VACANCY FEE ON UNDERUTILIZED UNITS .24
(c) M
AKING COMMITMENT TO AND REMAINING ELIGIBLE FOR THE
25
STATE AFFORDABLE HOUSING FUND CREATED IN SECTION 29-32-102 (1);26
(d) T
HE ESTABLISHMENT OF AN AFFORDABLE HOMEOWNERSHIP
27
213
-70- STRATEGY SUCH AS:1
(I) T
HE ACQUISITION OF PRESERVATION OF DEED RESTRICTIONS ON
2
CURRENT HOUSING UNITS;3
(II) T
HE ESTABLISHMENT OF AN INCENTIVE PROGRAM TO
4
ENCOURAGE REALTORS TO WORK WITH PROSPECTIVE LOW -INCOME AND5
MINORITY HOMEBUYERS ; OR6
(III) T
HE ESTABLISHMENT OF AN AFFORDABLE RENT -TO-OWN
7
PROGRAM;8
(e) P
RIORITIZING THE USE OF MUNICIPALLY OWNED DEVELOPABLE
9
LAND FOR AFFORDABLE HOUSING DEVELOPMENT , INCLUDING10
AFFORDABILITY DEED RESTRICTIONS OF AT LEAST SEVENTY -FIVE YEARS;11
(f) I
NCENTIVIZING OR CREATING A DEDICATED LOCAL PROGRAM TO
12
FACILITATE INVESTMENT IN LAND BANKING OR COMMUNITY LAND TRUSTS ;13
AND14
(g) P
RESERVING AFFORDABILITY OF BOTH REGULATED AND
15
UNREGULATED HOUSING THROUGH INTERVENTIONS SUCH AS CAPITAL16
INVESTMENTS IN PROPERTY RESTORATION OR REHABILITATION , LOCAL17
RIGHT OF FIRST REFUSAL PROGRAMS , OR PROGRAMS THAT TRANSITION18
EXISTING HOUSING STOCK TO AFFORDABLE HOUSING. 19
(4) (a) A RURAL RESORT JOB CENTER MUNICIPALITY MUST20
ADOPT AT LEAST TWO STRATEGIES FROM THE LIST OF AFFORDABLE21
DEVELOPMENT STRATEGIES IN SUBSECTION (2) OF THIS SECTION AND AT22
LEAST ONE STRATEGY FROM THE LIST OF LONG -TERM AFFORDABILITY23
STRATEGIES IN SUBSECTION (3) OF THIS SECTION. IN DETERMINING WHICH24
STRATEGIES TO ADOPT, A RURAL RESORT JOB CENTER MUNICIPALITY SHALL25
CONSIDER PREVIOUS PLANS ADDRESSING HOUSING NEEDS, THE LOCAL AND26
REGIONAL HOUSING NEEDS ASSESSMENTS, AND OTHER AVAILABLE DATA27
213
-71- TO INFORM THE SELECTION OF STRATEGIES TO ADDRESS KNOWN HOUSING1
NEEDS.2
(b) NOTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION, A3
RURAL RESORT JOB CENTER MUNICIPALITY MAY SUBMIT EVIDENCE TO THE4
DEPARTMENT OF LOCAL AFFAIRS CONCERNING AFFORDABILITY5
STRATEGIES THAT THE MUNICIPALITY HAS ADOPTED OUTSIDE OF THOSE6
LISTED IN THIS SECTION, OR THAT THE MUNICIPALITY ADOPTED PRIOR TO7
THE EFFECTIVE DATE OF THIS SECTION , AND THE IMPACT OF THOSE8
STRATEGIES. THE DEPARTMENT MAY DETERMINE WHETHER THOSE9
STRATEGIES QUALIFY AS AFFORDABILITY STRATEGIES FOR PURPOSES OF10
SUBSECTION (4)(a) OF THIS SECTION.11
(5) Regional housing needs planning process. (a) (I) A
COUNTY
12
OR MUNICIPALITY WITHIN A REGION DEFINED IN THE REGIONAL HOUSING13
NEEDS ASSESSMENT MAY PARTICIPATE IN A REGIONAL HOUSING NEEDS14
PLANNING PROCESS.15
(II) T
HE COUNTIES OR MUNICIPALITIES THAT PARTICIPATE IN A
16
PLANNING PROCESS:17
(A) M
AY UTILIZE DATA AND INFORMATION FROM A RURAL RESORT
18
REGIONAL HOUSING NEEDS ASSESSMENT THAT IS NO MORE THAN FIVE19
YEARS OLD TO INFORM THEIR PARTICIPATION IN THE PLANNING PROCESS ;20
(B) A
RE ENCOURAGED TO INCORPORATE STRATEGIC GROWTH
21
OBJECTIVES AS DEFINED IN SECTION 29-33-108 IN THE PLANNING PROCESS;22
AND23
(C) A
RE ENCOURAGED TO IDENTIFY STRATEGIES THAT ADDRESS
24
THE HOUSING NEEDS IDENTIFIED IN LOCAL AND REGIONAL HOUSING NEEDS25
ASSESSMENTS THROUGH THE ADOPTION OF INTERJURISDICTIONAL26
STRATEGIES AND AFFORDABILITY STRATEGIES FROM THE MENU IN27
213
-72- SUBSECTION (2) OF THIS SECTION.1
(III) I
F NO EXISTING REGIONAL PLAN EXISTS, A GROUP OF COUNTIES
2
OR MUNICIPALITIES MAY REQUEST THAT THE RURAL RESORT AREA3
SUBCOMMITTEE CREATED IN SECTION 29-33-103 (8) FACILITATE THE4
CREATION OF A REGIONAL PLANNING PROCESS .5
(IV) A
REGIONAL HOUSING NEEDS PLANNING PROCESS MAY BE LED
6
BY A REGIONAL ENTITY AND MUST ENCOURAGE PARTICIPATING COUNTIES7
AND MUNICIPALITIES TO IDENTIFY STRATEGIES THAT IMPROVE8
COORDINATION BETWEEN ENTITIES TO MEET THE HOUSING NEEDS9
IDENTIFIED FOR THOSE LOCAL GOVERNMENTS IN THE REGIONAL AND10
LOCAL HOUSING NEEDS ASSESSMENTS .11
(V) B
Y DECEMBER 31, 2024, THE RURAL RESORT AREA
12
SUBCOMMITTEE CREATED IN SECTION 29-33-103 (8) SHALL ISSUE A REPORT13
TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ON14
THE STATUS, OPPORTUNITIES, AND CHALLENGES OF REGIONAL PLANNING15
IN THE RURAL RESORT REGIONS, INCLUDING THE CONNECTION BETWEEN16
HOUSING AND TRANSPORTATION AND REGIONAL EQUITY IN REGARDS TO17
COMMUNITIES THAT HOUSE THE WORKFORCE AND THOSE THAT ARE RURAL18
RESORT JOB CENTER MUNICIPALITIES.19
(b) (I) N
O LATER THAN DECEMBER 31, 2026, AND EVERY SIX
20
YEARS THEREAFTER, A RURAL RESORT JOB CENTER MUNICIPALITY SHALL21
DEVELOP, ADOPT, AND SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS A22
HOUSING NEEDS PLAN. THE HOUSING NEEDS PLAN MUST INCLUDE THE23
FOLLOWING:24
(A) A
NARRATIVE DESCRIPTION OF THE STAKEHOLDER
25
ENGAGEMENT CONDUCTED DURING THE DEVELOPMENT OF THE HOUSING26
NEEDS PLAN;27
213
-73- (B) AN ANALYSIS OF HOW THE RURAL RESORT JOB CENTER1
MUNICIPALITY WILL ADDRESS LOCAL HOUSING NEEDS AS IDENTIFIED FROM2
A REGIONAL HOUSING ASSESSMENT , AND THE LOCAL HOUSING NEEDS3
ASSESSMENT, INCLUDING DEMONSTRATED HOUSING NEEDS FOR PERSONS4
OF DIFFERENT INCOME LEVELS, OVER THE NEXT TWENTY YEARS WITH AN5
EQUITABLE DISTRIBUTION OF HOUSING WITHIN THE MUNICIPALITY ;6
(C) FOR ANY REGULATED AFFORDABLE HOUSING PROGRAM FOR7
WHICH A RURAL RESORT JOB CENTER MUNICIPALITY RECEIVES STATE OR8
FEDERAL MONEY PURSUANT TO THE FEDERAL "AMERICAN RESCUE PLAN9
ACT OF 2021", PUB.L. 117-2, OR RECEIVES ANY OTHER STATE MONEY, OR10
FOR ANY REGULATED AFFORDABLE HOUSING PROGRAM FOR WHICH A11
RURAL RESORT JOB CENTER MUNICIPALITY HAS PRIORITIZED REGULATED12
AFFORDABLE HOUSING OR HOMELESSNESS PREVENTION OR SUPPORT IN THE13
RURAL RESORT JOB CENTER MUNICIPALITY'S BUDGET, A NARRATIVE14
DESCRIPTION THAT INCLUDES: THE PROGRAM'S BUDGET, THE PROGRAM'S15
TIMELINE COMPLETION, THE NUMBER OF UNITS, THE TYPE OF UNITS, THE16
INCOME LEVEL FOR WHICH THE HOUSING IS TARGETED, THE NUMBER OF17
FAMILIES SERVED, AND THE DEMOGRAPHIC AND INCOME LEVELS OF THE18
FAMILIES SERVED;19
(D) A NARRATIVE ANALYSIS OF ANY AREA AT ELEVATED RISK OF20
RESIDENTIAL DISPLACEMENT THAT THE RURAL RESORT JOB CENTER21
MUNICIPALITY HAS IDENTIFIED AND A DESCRIPTION OF AN22
IMPLEMENTATION PLAN FOR ANY STRATEGIES FROM THE MENU OF23
DISPLACEMENT MITIGATION STRATEGIES SPECIFIED IN SECTION 29-33-10724
(3) THAT THE RURAL RESORT JOB CENTER MUNICIPALITY WILL USE TO25
MITIGATE IDENTIFIED DISPLACEMENT RISKS SPECIFIED IN A THE26
DISPLACEMENT RISK ASSESSMENT REQUIRED PURSUANT TO SECTION27
213
-74- 29-33-107 (2);1
(E) A DEFINITION OF AFFORDABILITY IN ADDRESSING HOUSING2
NEEDS, INCLUDING WORKFORCE HOUSING . THIS DEFINITION MUST BE3
BASED ON THE HOUSING NEEDS ASSESSMENT AND INCLUDE RELEVANT4
AREA MEDIAN INCOME CLASSIFICATIONS , AND MAY INCLUDE INCOME5
LEVELS OF ALL FULL-TIME RESIDENTS WHOSE HOUSING NEEDS ARE NOT6
MET. IF THE RURAL RESORT JOB CENTER MUNICIPALITY HAS A PREEXISTING7
DEFINITION OF AFFORDABILITY THAT IS SUPPORTED BY THE OUTCOMES OF8
THE MOST RECENT HOUSING NEEDS ASSESSMENT , THEN IT MAY RELY ON9
AND REPORT THAT DEFINITION; AND10
(F) AN IMPLEMENTATION PLAN THAT DESCRIBES HOW THE RURAL11
RESORT JOB CENTER MUNICIPALITY WILL COMPLY WITH SELECTED12
AFFORDABILITY STRATEGIES FROM SECTION 29-33-111 (2).13
(II) B
EFORE ADOPTING AND SUBMITTING A HOUSING NEEDS PLAN ,
14
A RURAL RESORT JOB CENTER MUNICIPALITY SHALL PUBLISH THE MOST15
RECENT DRAFT OF ITS HOUSING NEEDS PLAN AND PROVIDE NOTICE OF A16
PUBLIC COMMENT PERIOD FOR THE RECEIPT OF WRITTEN COMMENTS17
CONCERNING THE PLAN. THE RURAL RESORT JOB CENTER MUNICIPALITY18
MUST ALSO CHOOSE TO HOLD A PUBLIC HEARING ON THE PLAN .19
(III) T
HE DEPARTMENT OF LOCAL AFFAIRS SHALL POST THE
20
HOUSING NEEDS PLANS SUBMITTED BY RURAL RESORT JOB CENTER21
MUNICIPALITIES PUBLICLY ON THE DEPARTMENT OF LOCAL AFFAIRS22
WEBSITE.23
29-33-112. Water supply forecast. (1) N
O LATER THAN JUNE 30,
24
2025,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS
25
IN CONSULTATION WITH THE COLORADO WATER CONSERVATION BOARD 26
AND THE DIVISION OF WATER RESOURCES SHALL SUBMIT A JOINT REPORT27
213
-75- TO THE GENERAL ASSEMBLY UTILIZING DATA AND ANALYSES FROM THE1
MOST RECENT COLORADO WATER PLAN AND BASIN IMPLEMENTATION2
PLANS THAT CONSIDERS THE FOLLOWING :3
(a) THE AVAILABILITY AND SUFFICIENCY OF WATER SUPPLIES PER4
BASIN TO PROVIDE FOR ANTICIPATED POPULATION GROWTH ;5
(b) A FRAMEWORK TO GUIDE INVESTMENTS IN WATER6
CONSERVATION FOR PUBLIC WATER PROVIDERS ; AND7
(c) A RANGE OF POLICY OPTIONS TO MAXIMIZE EFFICIENCY OF8
EXISTING WATER SUPPLY AND MINIMIZE THE IMPACT OF POPULATION9
GROWTH ON OTHER SECTORS OR REGIONS .10
(2) THE DIRECTOR SHALL CONSULT WATER PROVIDERS IN THE11
PREPARATION OF THE REPORT.12
29-33-113. Technical assistance - housing plans assistance13
fund - definition. (1) T
HE DIVISION OF LOCAL GOVERNMENT WITHIN THE
14
DEPARTMENT OF LOCAL AFFAIRS SHALL PROVIDE TECHNICAL ASSISTANCE15
MATERIALS, BRIEFINGS, CONSULTING SERVICES, TEMPLATES, TOOLS,16
TRAININGS, WEBINARS, OR OTHER GUIDANCE TO AID LOCAL GOVERNMENTS17
AND METROPOLITAN PLANNING ORGANIZATIONS IN UPDATING LOCAL LAWS18
AND OTHERWISE COMPLYING WITH THIS ARTICLE 33.19
(2) T
O ASSIST LOCAL GOVERNMENTS IN COMPLYING WITH THIS
20
ARTICLE 33, THE DIVISION OF LOCAL GOVERNMENT WITHIN THE21
DEPARTMENT OF LOCAL AFFAIRS , WITH THE SUPPORT OF THE22
MULTI-AGENCY GROUP, SHALL PROVIDE TECHNICAL ASSISTANCE FUNDING23
THROUGH EITHER A GRANT PROGRAM OR THE PROVISION OF CONSULTANT24
SERVICES THROUGH SUBJECT JURISDICTIONS OR BOTH A GRANT PROGRAM25
AND PROVISION OF CONSULTANT SERVICES . THE DIVISION OF LOCAL26
GOVERNMENT MAY ALSO PROVIDE TECHNICAL ASSISTANCE FUNDING27
213
-76- THROUGH A METROPOLITAN PLANNING ORGANIZATION , COUNTY, OR OTHER1
REGIONAL ENTITY. BEGINNING JANUARY 1, 2026, AND EVERY YEAR2
THEREAFTER, THE DEPARTMENT OF LOCAL AFFAIRS SHALL PROVIDE A3
REPORT ON THE ASSISTANCE REQUESTED BY LOCAL GOVERNMENTS4
PURSUANT TO THIS SECTION, WHETHER OR NOT ADEQUATE STATE FUNDING5
IS AVAILABLE TO MEET THE ASSISTANCE REQUESTED BY LOCAL6
GOVERNMENTS, AND ANY ADDITIONAL RESOURCES THAT LOCAL7
GOVERNMENTS HAVE IDENTIFIED THAT WOULD HELP COMPLETE 8
HOUSING NEEDS PLANS.9
(3) (a) T
HE HOUSING PLANS ASSISTANCE FUND IS CREATED IN THE
10
STATE TREASURY. THE FUND CONSISTS OF ANY MONEY THAT THE GENERAL11
ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR12
IMPLEMENTATION OF THIS ARTICLE 33, AND GIFTS, GRANTS, OR DONATIONS13
CREDITED TO THE FUND . THE STATE TREASURER SHALL CREDIT ALL14
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF15
MONEY IN THE HOUSING PLANS ASSISTANCE CASH FUND TO THE FUND .16
(b) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
17
ASSEMBLY, THE DEPARTMENT OF LOCAL AFFAIRS MAY EXPEND MONEY18
FROM THE FUND FOR THE PURPOSE OF IMPLEMENTING THIS ARTICLE 33.19
29-33-114. Reporting requirements. (1) (a) N
O LATER THAN
20
D
ECEMBER 31, 2025, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
21
LOCAL AFFAIRS SHALL DEVELOP REPORTING GUIDANCE AND TEMPLATES22
FOR RURAL RESORT JOB CENTER MUNICIPALITIES AND URBAN23
MUNICIPALITIES.24
(b) T
HE
STRATEGIC GROWTH COMMITTEE SHALL, AS PART OF THE25
PUBLIC COMMENT AND HEARING PROCESS ESTABLISHED IN SECTION26
29-33-109 (2),
PROVIDE RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR
27
213
-77- OF THE DEPARTMENT OF LOCAL AFFAIRS CONCERNING THE DEVELOPMENT1
OF REPORTING GUIDANCE AND TEMPLATES FOR RURAL RESORT JOB CENTER2
MUNICIPALITIES AND URBAN MUNICIPALITIES .3
(2) A
T A MINIMUM, RURAL RESORT JOB CENTER MUNICIPALITIES
4
AND URBAN MUNICIPALITIES SHALL REPORT , NO LATER THAN DECEMBER5
31,
2026, AND NO LATER THAN DECEMBER 31 OF EACH YEAR THEREAFTER,
6
IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT OF LOCAL7
AFFAIRS, THE FOLLOWING HOUSING DATA FOR THE PREVIOUS CALENDAR8
YEAR TO THE DEPARTMENT OF LOCAL AFFAIRS :9
10
(a) THE NUMBER OF PERMITS THAT THE MUNICIPALITY ISSUED FOR11
NEW HOUSING UNITS CATEGORIZED BY THE NUMBER OF UNITS IN EACH12
STRUCTURE TYPE;13
(b) THE NUMBER OF NEW HOUSING UNITS CATEGORIZED BY THE14
NUMBER OF UNITS IN EACH STRUCTURE TYPE , IN THE MUNICIPALITY 15
FOR WHICH A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED, A FINAL16
INSPECTION HAS BEEN COMPLETED, OR OTHER VERIFICATION EXISTS THAT17
THE PROJECT IS COMPLETE AND SUITABLE FOR OCCUPANCY ;18
(c) TIMEFRAMES TO COMPLETE RESIDENTIAL PERMIT REVIEWS BY19
HOUSING TYPE;20
(d) WORKFORCE ASSIGNED TO DEVELOPMENT REVIEW BY POSITION21
TYPE;22
(e) THE IMPLEMENTATION STATUS OF THE STRATEGIES IDENTIFIED23
IN THE MUNICIPALITY'S HOUSING NEEDS PLAN;24
(f) THE NUMBER OF DWELLING UNIT PERMITS ISSUED FOR25
TRANSIT-ORIENTED COMMUNITIES, IF APPLICABLE;26
(g) ZONING INFORMATION THAT MAY INCLUDE GEOSPATIAL DATA27
213
-78- SPECIFYING ZONING DISTRICTS, ALLOWED USES AND DENSITIES , AND1
OTHER DATA IN A STANDARD FORMAT ; AND2
(h) THE NUMBER OF INTERGOVERNMENTAL AGREEMENTS THAT3
THE MUNICIPALITY HAS IN PLACE TO ADDRESS ITS LOCAL AND REGIONAL4
HOUSING NEEDS ASSESSMENTS AND A DESCRIPTION OF THESE5
AGREEMENTS.6
(3) AFTER RECEIVING THE REPORTS FROM THE RURAL RESORT JOB7
CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES PURSUANT TO8
SUBSECTION (2) OF THIS SECTION, THE DEPARTMENT OF LOCAL AFFAIRS9
SHALL PUBLISH AN ANALYSIS ON A PUBLICLY AVAILABLE DASHBOARD10
THAT INCLUDES ALL OF THE INFORMATION IN THE REPORTS .11
29-33-115. Compliance. N
O LATER THAN JUNE 30, 2027, THE
12
DEPARTMENT OF LOCAL AFFAIRS SHALL CONDUCT A COMPLIANCE REVIEW13
AND APPROVE HOUSING NEEDS PLANS OR PROVIDE FEEDBACK TO RURAL14
RESORT JOB CENTER MUNICIPALITIES AND URBAN MUNICIPALITIES AS15
NEEDED. THE SUBMISSION OF A COMPLIANT HOUSING NEEDS PLAN MUST BE16
CONSIDERED IN THE IMPLEMENTATION OF STRATEGIC GROWTH17
OBJECTIVES.18
29-33-116. Statewide summit. (1) N
O LATER THAN APRIL 15,
19
2024,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ,
20
IN COORDINATION WITH A MEMBERSHIP ASSOCIATION OF MUNICIPALITIES ,21
A MEMBERSHIP ASSOCIATION OF COUNTIES , AND A MEMBERSHIP22
ASSOCIATION OF SPECIAL DISTRICTS, SHALL HOLD BOTH A STATEWIDE23
SUMMIT AND AT LEAST SIX REGIONAL MEETINGS THROUGHOUT THE STATE .24
(2) P
ARTICIPANTS AT THE SUMMIT AND REGIONAL MEETINGS
25
SHALL:26
(a) D
ISCUSS THE ISSUES OF LAND USE, HOUSING AVAILABILITY AND
27
213
-79- AFFORDABILITY, WATER AVAILABILITY, AND TRANSPORTATION; AND1
(b) D
EVELOP REGIONAL AND STATEWIDE SOLUTIONS FOR
2
ADDRESSING THE ISSUES DISCUSSED AT THE SUMMIT AND REGIONAL3
MEETINGS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.4
(3) N
O LATER THAN SEPTEMBER 15, 2024, THE EXECUTIVE
5
DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL REPORT ON THE6
RESULTS OF THE SUMMIT AND REGIONAL MEETINGS TO THE SENATE LOCAL7
GOVERNMENT AND HOUSING COMMITTEE AND THE HOUSE OF8
REPRESENTATIVES TRANSPORTATION , HOUSING, AND LOCAL GOVERNMENT9
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES .10
(4) A
T LEAST FOUR OF THE REGIONAL MEETINGS MUST BE HELD
11
OUTSIDE OF THE DENVER REGIONAL COUNCIL OF GOVERNMENTS ' AREA.12
(5) T
HE SUMMIT AND REGIONAL MEETINGS MUST INCLUDE
13
REPRESENTATIVES FROM:14
(a) L
OCAL GOVERNMENTS ;
15
(b) C
HAMBERS OF COMMERCE ;
16
(c) A
FFORDABLE HOUSING GROUPS ;
17
(d) I
NFRASTRUCTURE AND SERVICE PROVIDERS ;
18
(e) W
ATER PROVIDERS;
19
(f) T
HE AGRICULTURAL SECTOR;
20
(g) H
OMEBUILDERS;
21
(h) E
NVIRONMENTAL GROUPS ;
22
(i) E
CONOMIC DEVELOPMENT PROFESSIONALS ;
23
(j) T
RANSPORTATION EXPERTS;
24
(k) T
RIBAL GOVERNMENTS; AND
25
(l) O
THER STAKEHOLDERS AS NECESSARY TO PROVIDE DIVERSE
26
PERSPECTIVES ON THE ISSUES DISCUSSED AT THE SUMMIT AND REGIONAL27
213
-80- MEETINGS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION.1
29-33-117. Legislative oversight committee concerning2
affordable housing and homelessness - creation - duties. (1) Creation.3
(a) T
HERE IS CREATED A LEGISLATIVE OVERSIGHT COMMITTEE
4
CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS , WHICH IS5
REFERRED TO IN THIS SECTION AS THE "COMMITTEE".6
(b) T
HE COMMITTEE CONSISTS OF SIX MEMBERS AS FOLLOWS :
7
(I) T
HE PRESIDENT OF THE SENATE SHALL APPOINT TWO SENATORS
8
TO SERVE ON THE COMMITTEE, AND THE MINORITY LEADER OF THE SENATE9
SHALL APPOINT ONE SENATOR TO SERVE ON THE COMMITTEE ; AND10
(II) T
HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
11
APPOINT THREE REPRESENTATIVES TO SERVE ON THE COMMITTEE , NO12
MORE THAN TWO OF WHOM ARE MEMBERS OF THE SAME POLITICAL PARTY .13
(c) A
S SOON AS PRACTICABLE AFTER THE CONVENING DATE OF THE
14
SECOND REGULAR SESSION OF THE SEVENTY-FOURTH GENERAL ASSEMBLY ,15
BUT NO LATER THAN THE END OF THE LEGISLATIVE SESSION , THE SPEAKER,16
THE PRESIDENT, AND THE MINORITY LEADER OF THE SENATE SHALL EACH17
APPOINT MEMBERS TO THE CO MMITTEE PURSUANT TO SUBSECTION (1)(b)18
OF THIS SECTION. THEREAFTER, THE TERMS OF MEMBERS APPOINTED OR19
REAPPOINTED BY THE SPEAKER , THE PRESIDENT, AND THE MINORITY20
LEADER OF THE SENATE EXPIRE ON THE CONVENING DATE OF THE FIRST21
REGULAR SESSION OF THE NEXT GENERAL ASSEMBLY , AND ALL22
SUBSEQUENT APPOINTMENTS AND REAPPOINTMENTS BY THE SPEAKER , THE23
PRESIDENT, AND THE MINORITY LEADER OF THE SENATE MUST BE MADE AS24
SOON AS PRACTICABLE AFTER THE CONVENING DATE , BUT NO LATER THAN25
THE END OF THE LEGISLATIVE SESSION.26
(d) T
HE PERSON MAKING THE ORIGINAL APPOINTMENT OR
27
213
-81- REAPPOINTMENT SHALL FILL ANY VACANCY BY APPOINTMENT FOR THE1
REMAINDER OF AN UNEXPIRED TERM . MEMBERS APPOINTED OR2
REAPPOINTED SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY3
AND CONTINUE IN OFFICE UNTIL THE MEMBER 'S SUCCESSOR IS APPOINTED.4
(e) T
HE PRESIDENT OF THE SENATE SHALL SELECT THE FIRST CHAIR
5
OF THE COMMITTEE , AND THE SPEAKER OF THE HOUSE OF6
REPRESENTATIVES SHALL SELECT THE FIRST VICE -CHAIR. THE CHAIR AND7
VICE-CHAIR SHALL ALTERNATE ANNUALLY THEREAFTER BETWEEN THE8
TWO HOUSES.9
(f) T
HE CHAIR AND VICE -CHAIR OF THE COMMITTEE MAY
10
ESTABLISH ORGANIZATIONAL AND PROCEDURAL RULES AS ARE NECESSARY11
FOR THE OPERATION OF THE COMMITTEE AND , IN COLLABORATION WITH12
THE TASK FORCE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS13
CREATED IN SECTION 29-33-117, GUIDELINES AND EXPECTATIONS FOR14
ONGOING COLLABORATION WITH THE TASK FORCE .15
(g) (I) M
EMBERS OF THE COMMITTEE MAY RECEIVE PAYMENT OF
16
PER DIEM AND REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES17
AUTHORIZED PURSUANT TO SECTION 2-2-307.18
(II) T
HE DIRECTOR OF RESEARCH OF THE LEGISLATIVE COUNCIL
19
AND THE DIRECTOR OF THE OFFICE OF LEGISLATIVE LEGAL SERVICES SHALL20
SUPPLY STAFF ASSISTANCE TO THE COMMITTEE AS THEY DEEM21
APPROPRIATE, WITHIN EXISTING APPROPRIATIONS.22
(2) Duties. (a) (I) T
HE COMMITTEE SHALL MEET AT LEAST THREE ,
23
BUT NO MORE THAN SIX, TIMES EACH YEAR AND AT SUCH OTHER TIMES AS24
IT DEEMS NECESSARY. ALL MEETINGS OF THE COMMITTEE ARE OPEN TO25
THE PUBLIC AND MUST BE RECORDED .26
(II) E
ACH COMMITTEE MEMBER SHALL ANNUALLY EITHER ATTEND
27
213
-82- OR CALL INTO AT LEAST ONE REGULAR TASK FORCE CONCERNING1
AFFORDABLE HOUSING AND HOMELESSNESS MEETING . COMMITTEE2
MEMBERS ARE ENCOURAGED TO ATTEND SEPARATE MEETINGS AND INFORM3
THE REST OF THE COMMITTEE ABOUT THE CURRENT WORK OF THE TASK4
FORCE.5
(b) T
HE COMMITTEE IS RESPONSIBLE FOR THE OVERSIGHT OF THE
6
TASK FORCE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS7
CREATED IN SECTION 29-33-117, AND SHALL SUBMIT ANNUAL REPORTS8
PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION TO THE GENERAL9
ASSEMBLY REGARDING THE TASK FORCE 'S FINDINGS AND10
RECOMMENDATIONS . IN ADDITION, THE COMMITTEE MAY RECOMMEND11
LEGISLATIVE CHANGES THAT ARE TREATED AS BILLS RECOMMENDED BY12
AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY13
INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT14
RULES OF THE GENERAL ASSEMBLY .15
(c) (I) O
N OR BEFORE JANUARY 15 OF EACH YEAR, THE COMMITTEE
16
IS REQUIRED TO SUBMIT A REPORT TO THE GENERAL ASSEMBLY AND MAKE17
SUCH REPORT PUBLICLY AVAILABLE ON ITS WEBSITE ; HOWEVER, DURING18
ANY INTERIM IN WHICH THE GENERAL ASSEMBLY HAS SUSPENDED INTERIM19
COMMITTEE ACTIVITIES, THE COMMITTEE IS NOT REQUIRED TO SUBMIT20
SUCH A REPORT. THE ANNUAL REPORT MUST BRIEFLY SUMMARIZE THE21
STUDY ISSUES, RECOMMENDATIONS CONSIDERED , AND ANY ACTIONS22
TAKEN BY THE COMMITTEE AND THE TASK FORCE DURING THE PREVIOUS23
YEAR.24
(II) T
HE REPORT MUST COMPLY WITH THE PROVISIONS OF SECTION
25
24-1-117
(9). NOTWITHSTANDING SECTION
24-1-136 (11)(a)(I), THE26
REQUIREMENT IN THIS SECTION TO REPORT TO THE GENERAL ASSEMBLY27
213
-83- CONTINUES INDEFINITELY.1
(d) A
S NECESSARY, THE COMMITTEE MAY REQUEST PUBLIC
2
TESTIMONY AND REPORTS FROM STATE AGENCIES. THE COMMITTEE3
MUST ACCEPT LIMITED PUBLIC TESTIMONY PRIOR TO SUBMISSION OF THE4
ANNUAL REPORT AS DESCRIBED IN SUBSECTION (2)(c)(I) OF THIS SECTION.5
(3) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.
6
B
EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW , ALONG
7
WITH SECTION 29-33-117, IN ACCORDANCE WITH SECTION 24-34-104.8
29-33-118. Task force concerning affordable housing and9
homelessness - creation - membership - duties. (1) Creation. T
HERE
10
IS CREATED A TASK FORCE CONCERNING AFFORDABLE HOUSING AND11
HOMELESSNESS, WHICH IS REFERRED TO IN THIS SECTION AS THE "TASK12
FORCE". THE TASK FORCE CONSISTS OF TWENTY-FIVE MEMBERS APPOINTED13
AS PROVIDED IN SUBSECTION (2) OF THIS SECTION AND ANY STAFF SUPPORT14
AS PROVIDED FOR IN SECTION 29-33-117.15
(2) Membership - terms. (a) T
HE FOLLOWING NINE MEMBERS
16
MUST BE APPOINTED ON OR BEFORE AUGUST 1, 2024:17
(I) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL
18
AFFAIRS SHALL APPOINT ONE MEMBER TO REPRESENT THE DIVISION OF19
HOUSING;20
(II) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL
21
AFFAIRS SHALL APPOINT ONE MEMBER TO REPRESENT THE DIVISION OF22
LOCAL GOVERNMENT ;23
(III) T
HE EXECUTIVE DIRECTOR OF THE COLORADO HOUSING AND
24
FINANCE AUTHORITY SHALL APPOINT ONE MEMBER TO REPRESENT THE25
AUTHORITY;26
(IV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HEALTH
27
213
-84- CARE POLICY AND FINANCING SHALL APPOINT ONE MEMBER TO REPRESENT1
THE DEPARTMENT;2
(V) T
HE COMMISSIONER OF THE BEHAVIORAL HEALTH
3
ADMINISTRATION SHALL APPOINT ONE MEMBER REPRESENTING THE4
BEHAVIORAL HEALTH ADMINISTRATION ;5
(VI) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
6
CORRECTIONS SHALL APPOINT ONE MEMBER TO REPRESENT THE7
DEPARTMENT;8
(VII) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
9
EDUCATION SHALL APPOINT ONE MEMBER TO REPRESENT THE10
DEPARTMENT;11
(VIII) T
HE GOVERNOR SHALL APPOINT ONE MEMBER TO REPRESENT
12
EITHER THE DEPARTMENT OF LABOR AND EMPLOYMENT OR THE13
DEPARTMENT OF HUMAN SERVICES ; AND14
(IX) T
HE GOVERNOR SHALL APPOINT ONE MEMBER TO REPRESENT
15
EITHER THE COLORADO ENERGY OFFICE OR THE OFFICE OF ECONOMIC16
DEVELOPMENT AND INTERNATIONAL TRADE .17
(b) T
HE CHAIR AND VICE-CHAIR OF THE LEGISLATIVE OVERSIGHT
18
COMMITTEE CONCERNING AFFORDABLE HOUSING AND HOMELESSNESS19
CREATED IN SECTION 29-33-116, REFERRED TO IN THIS SECTION AS THE20
"
COMMITTEE", SHALL APPOINT SIXTEEN ADDITIONAL MEMBERS .
21
C
OMMITTEE STAFF ARE RESPONSIBLE FOR PUBLICLY ANNOUNCING
22
VACANCIES FOR THE FOLLOWING POSITIONS , AND REQUESTING23
CANDIDATES SUBMIT A LETTER OF INTEREST FOR THE SPECIFIC POSITION ,24
SO THAT THE LETTERS OF INTEREST ARE DUE NO LATER THAN ONE WEEK25
AFTER THE EFFECTIVE DATE OF THIS SECTION . THE LEGISLATIVE26
OVERSIGHT COMMITTEE , BY MAJORITY VOTE , SHALL APPROVE THE27
213
-85- APPOINTMENTS FOR THESE POSITIONS . THE TASK FORCE MEMBERS TO BE1
APPOINTED PURSUANT TO THIS SUBSECTION (2)(b) INCLUDE:2
(I) O
NE MEMBER WHO REPRESENTS A HOMELESS SERVICES
3
PROVIDER IN AN URBAN AREA;4
(II) O
NE MEMBER WHO REPRESENTS A HOMELESS SERVICES
5
PROVIDER IN A RURAL OR RURAL RESORT AREA ;6
(III) O
NE MEMBER WHO REPRESENTS A FOR -PROFIT DEVELOPER OF
7
AFFORDABLE RENTAL HOUSING ;8
(IV) O
NE MEMBER WHO REPRESENTS A NOT -FOR-PROFIT
9
DEVELOPER OF AFFORDABLE RENTAL HOUSING ;10
(V) O
NE MEMBER WHO REPRESENTS A FOR -PROFIT DEVELOPER OF
11
AFFORDABLE FOR-SALE HOUSING OR IS A REPRESENTATIVE OF AN12
ASSOCIATION OF MARKET RATE HOUSING DEVELOPERS ;13
(VI) O
NE MEMBER WHO REPRESENTS A NOT -FOR-PROFIT
14
DEVELOPER OF AFFORDABLE FOR -SALE HOUSING;15
(VII) O
NE MEMBER WHO REPRESENTS A PROVIDER OF SUPPORTIVE
16
HOUSING OR SUPPORTIVE SERVICES;17
(VIII) O
NE MEMBER WHO REPRESENTS AN OPERATOR OF
18
MULTIFAMILY AFFORDABLE HOUSING ;19
(IX) O
NE MEMBER FROM A LOCAL GOVERNMENT IN AN URBAN
20
AREA;21
(X) O
NE MEMBER FROM A LOCAL GOVERNMENT IN A RURAL AREA ;
22
(XI) O
NE MEMBER FROM A LOCAL GOVERNMENT IN A RURAL
23
RESORT AREA;24
(XII) O
NE MEMBER WHO REPRESENTS AN AFFORDABLE HOUSING
25
ADVOCACY ORGANIZATION ;26
(XIII) O
NE MEMBER WHO REPRESENTS EITHER A HOMELESSNESS
27
213
-86- ADVOCACY ORGANIZATION OR AN ANTI -POVERTY ADVOCACY1
ORGANIZATION;2
(XIV) O
NE MEMBER WITH LIVED EXPERIENCE OF HOMELESSNESS
3
WHO IS LIVING IN PERMANENT SUPPORTIVE HOUSING AT THE TIME OF THEIR4
APPOINTMENT;5
(XV) O
NE MEMBER WHO, AT THE TIME OF THEIR APPOINTMENT, IS
6
LIVING IN AFFORDABLE HOUSING THAT IS RESTRICTED TO EIGHTY7
PERCENT OR LESS OF AREA MEDIAN INCOME ; AND8
(XVI) O
NE MEMBER WHO, AT THE TIME OF THEIR APPOINTMENT,
9
IS LIVING IN AFFORDABLE RENTAL HOUSING THAT IS RESTRICTED TO ONE10
HUNDRED AND TWENTY PERCENT OR LESS OF AREA MEDIAN INCOME .11
(c) B
EGINNING ON THE EFFECTIVE DATE OF THIS SECTION ,
12
MEMBERS APPOINTED TO THE TASK FORCE PURSUANT TO SUBSECTION13
(2)(b)
OF THIS SECTION SHALL SERVE NO MORE THAN THREE CONSECUTIVE
14
TWO-YEAR TERMS, WITH THE APPOINTING AUTHORITY 'S APPROVAL FOR15
EACH SPECIFIC TERM. WITH THE APPOINTING AUTHORITY'S APPROVAL, A16
MEMBER OF THE TASK FORCE WHO IS SERVING ON THE TASK FORCE AS OF17
THE EFFECTIVE DATE OF THIS SECTION IS CONSIDERED TO BE BEGINNING18
THE MEMBER'S FIRST TWO-YEAR TERM.19
(d) (I) A
VACANCY OCCURRING IN A POSITION THAT IS APPOINTED
20
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MUST BE FILLED AS21
SOON AS POSSIBLE BY THE INITIAL APPOINTING OFFICIAL. IN ADDITION, THE22
INITIAL APPOINTING OFFICIAL MAY REMOVE AND REPLACE ANY23
APPOINTMENT THE OFFICIAL MADE TO THE TASK FORCE MADE PURSUANT24
TO SUBSECTION (2)(a) OF THIS SECTION.25
(II) A
VACANCY OCCURRING IN A POSITION FILLED BY THE CHAIR
26
AND VICE-CHAIR OF THE COMMITTEE PURSUANT TO SUBSECTION (2)(b) OF27
213
-87- THIS SECTION MUST BE FILLED AS SOON AS POSSIBLE BY THE CHAIR AND1
VICE-CHAIR OF THE COMMITTEE IN ACCORDANCE WITH THE LIMITATIONS2
SPECIFIED IN SUBSECTION (2)(b) OF THIS SECTION. IN ADDITION, THE CHAIR3
AND VICE-CHAIR OF THE COMMITTEE M AY REMOVE AND REPLACE ANY4
APPOINTMENT TO THE TASK FORCE MADE PURSUANT TO SUBSECTION (2)(b)5
OF THIS SECTION.6
(e) I
N MAKING APPOINTMENTS TO THE TASK FORCE , THE
7
APPOINTING AUTHORITIES SHALL ENSURE THAT THE MEMBERSHIP OF THE8
TASK FORCE INCLUDES PERSONS WHO HAVE EXPERIENCE WITH OR9
INTEREST IN THE STUDY AREAS OF THE TASK FORCE AS SET FORTH IN10
SUBSECTION (3) OF THIS SECTION; PERSONS WHO REFLECT THE RACIAL,11
ETHNIC, ECONOMIC, CULTURAL, AND GENDER DIVERSITY OF THE STATE ;12
PERSONS REPRESENTING OF ALL AREAS OF THE STATE ; AND PERSONS WITH13
DISABILITIES.14
(f) (I) A
LL TASK FORCE MEMBERS ARE EXPECTED TO SEEK INPUT
15
FROM THE VARIOUS NETWORKS OR ORGANIZATIONAL STRUCTURES OF THE16
BODY THEY REPRESENT , IF ANY. EVERY APPOINTING OFFICER IS17
ENCOURAGED TO NOMINATE A REPRESENTATIVE WHO CAN PARTICIPATE IN18
MAKING TASK FORCE SUBJECT MATTER EXPERT RECOMMENDATIONS , YET19
STILL APPROPRIATELY REPRESENT THE RELEVANT STATE AGENCY .20
(II) I
N ORDER TO ADVANCE THE WORK OF THE TASK FORCE , TASK
21
FORCE MEMBERS ARE ENCOURAGED TO PARTICIPATE IN DECISION -MAKING,22
WITH THE UNDERSTANDING THAT INDIVIDUAL VOTES ON TASK FORCE23
ISSUES ARE BASED ON SUBJECT MATTER EXPERTISE AND DO NOT COMMIT24
REPRESENTATIVE AGENCIES OR ORGANIZATIONS TO ANY POSITION OR25
ACTION. TASK FORCE MEMBERS SHALL ADHERE TO ANY AGREED UPON26
PROCEDURAL RULES AND GUIDELINES .27
213
-88- (g) MEMBERS OF THE TASK FORCE SERVE WITHOUT1
COMPENSATION. HOWEVER, MEMBERS OF THE TASK FORCE APPOINTED2
PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION MAY RECEIVE3
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES ASSOCIATED4
WITH THEIR DUTIES ON THE TASK FORCE.5
(3) Issues for study. (a) T
HE TASK FORCE SHALL TRACK THE
6
IMPLEMENTATION OF , IMPACTS OF, AND STATE EXPENDITURES7
CONCERNING THIS ARTICLE 33 AND LEGISLATION RELATED TO THE FINAL8
REPORT OF THE AFFORDABLE HOUSING TRANSFORMATIONAL TASK FORCE9
FROM FEBRUARY 2020, AND PROPOSITION 123 AS APPROVED BY10
C
OLORADO VOTERS DURING THE 2022 GENERAL ELECTION.
11
(b) T
HE TASK FORCE SHALL EVALUATE , REVIEW, AND MAKE
12
RECOMMENDATIONS ON AFFORDABLE HOUSING, HOME OWNERSHIP, AND13
HOMELESSNESS POLICIES.14
(c) I
N EVALUATING THE ISSUES SET FORTH IN SUBSECTION (3)(b)
15
OF THIS SECTION, THE TASK FORCE SHALL SPECIFICALLY CONSIDER THE16
FOLLOWING RELATED ISSUES, INCLUDING:17
(I) S
TATEWIDE HOUSING NEEDS AND GAPS AS IDENTIFIED BY THE
18
STATE, REGIONAL, AND HOUSING NEEDS ASSESSMENT REQUIRED IN19
SECTION 29-33-104, INCLUDING ANY LOCAL, REGIONAL, OR STATE PLANS20
DERIVED FROM THESE ASSESSMENTS ;21
(II) B
EST PRACTICES FOR AND BARRIERS TO AFFORDABLE HOUSING
22
PRODUCTION AND PRESERVATION INCLUDING DEVELOPMENT AND23
LONG-TERM AFFORDABILITY STRATEGIES AND DISPLACEMENT MITIGATION24
STRATEGIES AS DESCRIBED IN SECTIONS 29-33-106 AND 29-33-107;25
(III) BEST PRACTICES FOR INCREASING FIRST -TIME HOME26
OWNERSHIP OPPORTUNITIES FOR COMMUNITIES THAT HAVE BEEN27
213
-89- HISTORICALLY EXCLUDED FROM HOME OWNERSHIP AND ITS ASSOCIATED1
WEALTH GAINS;2
(IV) BEST PRACTICES FOR STABILIZING CURRENTLY HOUSED3
INDIVIDUALS AT RISK OF ENTERING HOMELESSNESS ;4
(V) STATEWIDE HOMELESSNESS ANALYSIS AS CONDUCTED BY A5
CONTRACTOR SELECTED BY THE OFFICE OF HOMELESS INITIATIVES WITHIN6
THE DEPARTMENT OF LOCAL AFFAIRS ;7
(VI) BEST PRACTICES FOR RESOLVING AND PREVENTING8
HOMELESSNESS;9
(VII) THE ADMINISTRATION BY THE DIVISION OF HOUSING WITHIN10
THE DEPARTMENT OF LOCAL AFFAIRS AND THE COLORADO HOUSING AND11
FINANCE AUTHORITY OF STATE AND FEDERAL FUNDS RELATED TO12
HOUSING;13
(VIII) THE IMPACT OF HOUSING AND HOMELESSNESS ON STATE14
AGENCIES; 15
(IX) THE IMPACT AND PROGRESS OF ANY LAND USE REFORMS ,16
INCLUDING THOSE IN THIS SECTION, ON HOUSING AVAILABILITY, HOME17
OWNERSHIP, AND AFFORDABILITY INCLUDING REVIEW AND RESPONSE TO18
ANY RECOMMENDATIONS , ANALYSES, ASSESSMENTS, REPORTS, AND PLANS19
THAT ARE RELEASED BY THE MULTI -AGENCY COMMITTEE CREATED IN20
SECTION 29-33-103 AND USED TO IMPLEMENT LONG -TERM AND21
DEVELOPMENT AFFORDABILITY STRATEGIES AND DISPLACEMENT22
MITIGATION STRATEGIES; AND23
(X) A SUMMARY OF ALL EXEMPTION REQUESTS TO AND24
RESPONSES FROM THE DEPARTMENT OF LOCAL AFFAIRS FROM ANY25
REQUIREMENTS OF THIS ARTICLE 33.26
(d) T
HE REQUIREMENTS SET FORTH IN THIS SUBSECTION (3) DO NOT
27
213
-90- PROHIBIT THE TASK FORCE, AT ANY TIME DURING ITS EXISTENCE, FROM1
REQUESTING PERMISSION FROM THE COMMITTEE TO STUDY , PRESENT2
FINDINGS, AND MAKE RECOMMENDATIONS ON ANY ISSUE RELATED TO THE3
SCOPE OF THE TASK FORCE AND OVERSIGHT COMMITTEE .4
(e) A
S NECESSARY, THE TASK FORCE MAY REQUEST TESTIMONY
5
AND REPORTS FROM STATE AGENCIES AND THE MULTI -AGENCY COMMITTEE6
AND SUBCOMMITTEES CREATED IN SECTION 29-33-103, AS APPROVED BY7
THE COMMITTEE.8
(4) Additional duties of the task force. T
HE TASK FORCE SHALL
9
ANNUALLY DELIVER POLICY AND LEGISLATIVE RECOMME NDATIONS TO THE10
COMMITTEE PURSUANT TO THIS SECTION . IN ADDITION, THE TASK FORCE11
SHALL:12
(a) O
N OR BEFORE AUGUST 1 OF EACH YEAR, SELECT A CHAIR AND
13
VICE-CHAIR FROM AMONG ITS MEMBERS ;14
(b) M
EET AT LEAST SIX TIMES EACH YEAR, OR MORE OFTEN AS
15
DIRECTED BY THE CHAIR OF THE COMMITTEE , AND SUCH MEETINGS MUST16
BE BOTH OPEN TO THE PUBLIC AND RECORDED ;17
(c) E
STABLISH ORGANIZATIONAL AND PROCEDURAL RULES FOR THE
18
OPERATION OF THE TASK FORCE AND FOR COLLABORATION WITH THE19
COMMITTEE;20
(d) D
ESIGNATE SPECIFIC TASK FORCE MEMBERS RESPONSIBLE FOR
21
COLLABORATING WITH AND OBTAINING INPUT FROM OTHER GROUPS ,22
COMMUNITIES, TASK FORCES, OR STATEWIDE INITIATIVES THAT23
COMPLEMENT OR RELATE TO THE TASK FORCE 'S IDENTIFIED AREAS OF24
STUDY;25
(e) C
REATE NO MORE THAN THREE SUBCOMMITTEES AS NEEDED TO
26
CARRY OUT THE DUTIES OF THE TASK FORCE . THE SUBCOMMITTEES MAY27
213
-91- CONSIST, IN PART, OF PERSONS WHO ARE NOT MEMBERS OF THE TASK1
FORCE. SUCH PERSONS MAY VOTE ON ISSUES BEFORE THE SUBCOMMITTEE2
BUT ARE NOT ENTITLED TO A VOTE AT TASK FORCE MEETINGS .3
(f) S
TUDY THE IMPLEMENTATION OF COMMITTEE LEGISLATION
4
PASSED BY THE GENERAL ASSEMBLY ;5
(g) U
PON REQUEST BY A COMMITTEE MEMBER , PROVIDE
6
EVIDENCE-BASED FEEDBACK ON THE POTENTIAL BENEFITS OR7
CONSEQUENCES OF A LEGISLATIVE OR OTHER POLICY PROPOSAL NOT8
DIRECTLY AFFILIATED WITH OR GENERATED BY THE TASK FORCE . THE9
FEEDBACK MUST BE DELIVERED WITHIN TWO WEEKS TO THE ENTIRE10
COMMITTEE AND REMAIN AS CONCISE AS POSSIBLE WHILE CAPTURING ANY11
AVAILABLE EVIDENCE. IF THE TASK FORCE CANNOT IDENTIFY EVIDENCE TO12
EFFECTIVELY INFORM A RESPONSE, THE FEEDBACK WILL INDICATE A LACK13
OF EVIDENCE AND REPORT ON ANY ACTIONS TAKEN .14
(h) (I) O
N OR BEFORE AUGUST 1 OF EACH YEAR, PREPARE AND
15
SUBMIT TO THE COMMITTEE, A REPORT THAT, AT A MINIMUM, INCLUDES:16
(A) I
SSUES STUDIED BY THE TASK FORCE , AS WELL AS FINDINGS
17
FOR LEGISLATIVE OR OTHER RECOMMENDATIONS ;18
(B) L
EGISLATIVE OR POLICY PROPOSALS OF THE TASK FORCE THAT
19
IDENTIFY THE POLICY ISSUES INVOLVED, THE AGENCIES RESPONSIBLE FOR20
THE IMPLEMENTATION OF THE CHANGES , AND THE FUNDING SOURCES21
REQUIRED FOR IMPLEMENTATION ;22
(C) A
SUMMARY OF TASK FORCE MEETING ACTIVITIES AND
23
DISCUSSIONS;24
(D) A
NY EVIDENCE-BASED FEEDBACK PROVIDED TO THE
25
COMMITTEE PURSUANT TO SUBSECTION (4)(g) OF THIS SECTION; 26
(E) A
SUMMARY OF EFFORTS MADE TO COMMUNICATE ,
27
213
-92- COLLABORATE, OR COORDINATE WITH OTHER GROUPS , TASK FORCES, OR1
STATE INITIATIVES; AND2
(F) A SUMMARY OF EFFORTS IMPLEMENTED TO ADDRESS3
DISPARITIES IN ACCESSING HOUSING, AFFORDABLE HOUSING, OR HOME4
OWNERSHIP IN LEGISLATIVE AND POLICY PROPOSALS BROUGHT FORWARD5
BY THE TASK FORCE.6
(II) T
HE TASK FORCE MAY POST THE REPORT ON THE COMMITTEE 'S
7
WEBSITE.8
(5) Coordination. T
HE TASK FORCE MAY WORK WITH OTHER
9
GROUPS, TASK FORCES, OR STATEWIDE INITIATIVES THAT ARE PURSUING10
ISSUES AND POLICY INITIATIVES SIMILAR TO THOSE ADDRESSED IN11
SUBSECTION (3) OF THIS SECTION. THE TASK FORCE MAY DEVELOP12
RELATIONSHIPS WITH OTHER TASK FORCES , COMMITTEES, AND13
ORGANIZATIONS TO LEVERAGE EFFICIENT POLICY -MAKING OPPORTUNITIES14
THROUGH COLLABORATIVE EFFORTS .15
(6) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION , THE
16
TASK FORCE IS NOT REQUIRED TO MEET , SUBMIT ANNUAL POLICY AND17
LEGISLATIVE RECOMMENDATIONS , OR SUBMIT AN ANNUAL REPORT TO THE18
COMMITTEE DURING ANY INTERIM IN WHICH THE GENERAL ASSEMBLY HAS19
SUSPENDED INTERIM COMMITTEE ACTIVITIES .20
(7) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.
21
B
EFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW ALONG
22
WITH SECTION 29-33-116 IN ACCORDANCE WITH SECTION 24-34-104.23
PART 224
ACCESSORY DWELLING UNITS25
29-33-201. Legislative declaration. (1) (a) THE GENERAL26
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:27
213
-93- (I) LOCAL GOVERNMENT LAND USE DECISIONS CAN LIMIT1
ACCESSORY DWELLING UNIT DEVELOPMENT ;2
(II) HOUSING SUPPLY IMPACTS HOUSING AFFORDABILITY ;3
(III) HOUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING4
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A5
METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL6
BUREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND7
HOUSING SUPPLY", "THE IMPACT OF ZONING ON HOUSING8
AFFORDABILITY", AND "THE IMPACT OF LOCAL RESIDENTIAL LAND USE9
RESTRICTIONS ON LAND VALUES ACROSS AND WITHIN SINGLE FAMILY10
HOUSING MARKETS". INCREASING HOUSING SUPPLY MODERATES PRICE11
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL12
INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC13
IMPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC14
PERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND15
AFFORDABILITY", IN THE JOURNAL OF HOUSING POLICY DEBATE.16
(IV) MORE PERMISSIVE LOCAL GOVERNMENT ACCESSORY17
DWELLING UNIT REGULATIONS CAN HELP INCREASE HOUSING SUPPLY AND18
STABILIZE HOUSING COSTS;19
(V) ACCESSORY DWELLING UNITS OFFER A WAY TO PROVIDE20
COMPACT, RELATIVELY AFFORDABLE HOUSING IN ESTABLISHED21
NEIGHBORHOODS WITH MINIMAL IMPACTS TO THE INFRASTRUCTURE AND22
ALSO SUPPLY NEW HOUSING WITHOUT ADDED NEW DISPERSED23
LOW-DENSITY HOUSING;24
(VI) RELATIVE TO DISPERSED LOW-DENSITY DEVELOPMENT,25
COMPACT INFILL DEVELOPMENT, INCLUDING ACCESSORY DWELLING UNIT26
DEVELOPMENT, REDUCES WATER USE, GREENHOUSE GAS EMISSIONS,27
213
-94- INFRASTRUCTURE COSTS, AND HOUSEHOLD ENERGY AND TRANSPORTATION1
COSTS;2
(VII) ACCESSORY DWELLING UNITS PROVIDE FINANCIAL BENEFITS3
TO HOMEOWNERS;4
(VIII) ACCESSORY DWELLING UNITS GENERATE RENTAL INCOME TO5
HELP HOMEOWNERS COVER MORTGAGE PAYMENTS OR OTHER COSTS ,6
WHICH CAN BE IMPORTANT FOR OLDER HOMEOWNERS ON FIXED INCOMES;7
(IX) ACCESSORY DWELLING UNITS CAN PROVIDE FAMILIES WITH8
OPTIONS FOR INTERGENERATIONAL LIVING ARRANGEMENTS THAT ENABLE9
CHILD OR ELDER CARE AND AGING IN PLACE ; AND10
(X) ACCESSORY DWELLING UNITS USE SIGNIFICANTLY LESS11
ENERGY FOR HEATING AND COOLING THAN SINGLE -UNIT DETACHED12
DWELLINGS BECAUSE OF THEIR SMALLER SIZE , WHICH REDUCES13
HOUSEHOLD ENERGY COSTS AND GREENHOUSE GAS EMISSIONS .14
(b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT THE15
INCREASED SUPPLY OF HOUSING THROUGH ACCESSORY DWELLING UNITS16
IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN .17
29-33-202. Definitions. AS USED IN THIS PART 2, UNLESS THE18
CONTEXT OTHERWISE REQUIRES :19
(1) "ELIGIBLE PARCEL" MEANS A PARCEL, EXCLUDING A STANDARD20
EXEMPT PARCEL, ON WHICH A SINGLE-UNIT DETACHED DWELLING IS21
ALLOWED AS A USE BY RIGHT.22
(2) "MINIMUM STANDARDS" MEANS THE MINIMUM STANDARDS23
ESTABLISHED IN SECTION 29-33-205.24
(3) "MODEL CODE" MEANS THE MODEL CODE PROMULGATED BY25
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS26
PURSUANT TO SECTION 29-33-204.27
213
-95- (4) "SUBJECT JURISDICTION" MEANS AN URBAN MUNICIPALITY.1
29-33-203. Applicability - exemptions. (1) THE REQUIREMENTS2
OF THIS PART 2 APPLY ONLY IN A SUBJECT JURISDICTION.3
(2) UNLESS A SUBJECT JURISDICTION DECIDES OTHERWISE, LOCAL4
LAWS ADOPTED PURSUANT TO THIS PART 2 ONLY APPLY TO PARCELS THAT5
ARE NOT STANDARD EXEMPT PARCELS .6
29-33-204. Model code. (1) (a) NO LATER THAN JUNE 30, 2024,7
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL8
PROMULGATE AN ACCESSORY DWELLING UNIT MODEL CODE .9
(b) THE MULTI-AGENCY ADVISORY CO MMITTEE SHALL PROVIDE10
RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT11
OF LOCAL AFFAIRS CONCERNING THE MODEL CODE .12
(2) IN DEVELOPING RECOMMENDATIONS CONCERNING THE MODEL13
CODE, THE MULTI-AGENCY COMMITTEE SHALL :14
(a) PROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC15
MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO16
COMMENT ON THE MODEL CODE ;17
(b) ALLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE18
MODEL CODE;19
(c) CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL20
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ; AND21
(d) CONSULT WITH EXPERTS IN DISABILITY RIGHTS, RACIAL EQUITY22
AND HOMELESSNESS PREVENTION, AFFORDABLE HOUSING, FAIR HOUSING,23
PLANNING, ZONING, AND RELATED FIELDS.24
(3) THE MODEL CODE MUST, AT A MINIMUM:25
(a) ALLOW ACCESSORY DWELLING UNITS AS A USE BY RIGHT AS AN26
ACCESSORY USE TO A SINGLE-UNIT DETACHED DWELLING IN ANY PART OF27
213
-96- THE MUNICIPALITY WHERE THE MUNICIPALITY ALLOWS SINGLE-UNIT1
DETACHED DWELLINGS AS A USE BY RIGHT ; AND2
(b) ESTABLISH OBJECTIVE STANDARDS FOR ALL OF THE ELEMENTS3
ADDRESSED IN THE MINIMUM STANDARDS .4
(4) THE MODEL CODE MUST INCLUDE A REQUIREMENT THAT5
SUBJECT JURISDICTIONS MAY NOT REQUIRE NEW OFF-STREET VEHICLE6
PARKING IN CONNECTION WITH THE CONSTRUCTION OR PERMITTING OF AN7
ACCESSORY DWELLING UNIT.8
29-33-205. Minimum standards. (1) NOTWITHSTANDING ANY9
LOCAL LAW TO THE CONTRARY, A SUBJECT JURISDICTION THAT DOES NOT10
ADOPT THE MODEL CODE SHALL :11
(a) ALLOW ACCESSORY DWELLING UNITS AS A USE BY RIGHT AS AN12
ACCESSORY USE TO A SINGLE-UNIT DETACHED DWELLING IN ANY PART OF13
THE MUNICIPALITY WHERE THE MUNICIPALITY ALLOWS SINGLE-UNIT14
DETACHED DWELLINGS AS A USE BY RIGHT ;15
(b) ONLY ADOPT OR ENFORCE LOCAL LAWS CONCERNING16
ACCESSORY DWELLING UNIT LAND USE THAT USE OBJECTIVE STANDARDS17
AND OBJECTIVE PROCEDURES;18
(c) ALLOW ADDITIONS TO, OR THE CONVERSION OF, AN EXISTING19
SINGLE-UNIT DETACHED DWELLING TO CREATE AN ACCESSORY DWELLING20
UNIT SO LONG AS THE ADDITION OR CONVERSION DOES NOT INCREASE21
NONCONFORMANCE WITH APPLICABLE OBJECTIVE STANDARDS, UNLESS22
LOCAL LAWS ALLOW FOR SUCH AN INCREASE IN NONCONFORMANCE ; AND23
(d) ALLOW ACCESSORY DWELLING UNIT SIZES BETWEEN FIVE24
HUNDRED AND EIGHT HUNDRED SQUARE FEET. SUBJECT JURISDICTIONS25
MAY ADDITIONALLY PERMIT SMALLER OR LARGER ACCESSORY DWELLING26
UNITS AT THEIR DISCRETION.27
213
-97- (2) NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A1
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL2
NOT:3
(a) APPLY STANDARDS CONCERNING ARCHITECTURAL STYLE,4
BUILDING MATERIALS, OR LANDSCAPING THAT ARE MORE RESTRICTIVE5
THAN THE STANDARDS THAT THE SUBJECT JURISDICTION APPLIES TO A6
SINGLE-UNIT DETACHED DWELLING IN THE SAME ZONING DISTRICT ;7
(b) IMPOSE A REQUIREMENT ON AN ACCESSORY DWELLING UNIT8
THAT IS CONTINGENT UPON THE PRIMARY RESIDENCE ON THE SAME LOT9
BEING OWNER-OCCUPIED;10
(c) AMEND, DEVELOP, OR INTERPRET A LOCAL LAW APPLICABLE TO11
AN ACCESSORY DWELLING UNIT IN A MANNER THAT INTERFERES WITH THE12
INTENT OF THIS PART 2;13
(d) REQUIRE NEW OFF-STREET VEHICLE PARKING IN CONNECTION14
WITH THE CONSTRUCTION OR THE PERMITTING OF AN ACCESSORY15
DWELLING UNIT; OR16
(e) REQUIRE SIDE OR REAR SETBACKS FOR AN ACCESSORY17
DWELLING UNIT GREATER THAN THE MINIMUM SIDE SETBACK REQUIRED18
FOR A SINGLE-UNIT DETACHED DWELLING OR THE SETBACK REQUIRED FOR19
OTHER ACCESSORY BUILDINGS IN THE SAME ZONING DISTRICT, UNLESS20
SUCH A SETBACK IS NECESSARY TO COMPLY WITH PUBLIC HEALTH OR21
SAFETY STANDARDS.22
(3) THE 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) NO LATER THAN JUNE 30, 2025, A SUBJECT27
213
-98- JURISDICTION SHALL EITHER:1
(a) ADOPT LOCAL LAWS CONCERNING ACCESSORY DWELLING UNITS2
THAT SATISFY THE MINIMUM STANDARDS ESTABLISHED IN SECTION3
29-33-205; OR4
(b) ADOPT THE MODEL CODE.5
(2) IF A SUBJECT JURISDICTION DOES NOT SATISFY THE6
REQUIREMENT OF SUBSECTION (1) OF THIS SECTION BEFORE DECEMBER 31,7
2025, THE MODEL CODE GOES INTO EFFECT IMMEDIATELY FOR ALL8
ELIGIBLE PARCELS AND THE SUBJECT JURISDICTION SHALL NOT DENY OR9
CONDITION APPROVAL OF AN APPLICATION FOR AN ACCESSORY DWELLING10
UNIT ON ANY ELIGIBLE PARCEL ON ANY BASIS THAT IS INCONSISTENT WITH11
THE MODEL CODE, AS SPECIFIED IN SECTION 29-33-303, IN THE SUBJECT12
JURISDICTION AND REMAINS IN EFFECT UNTIL THE DEPARTMENT OF LOCAL13
AFFAIRS DETERMINES THAT THE SUBJECT JURISDICTION HAS ADOPTED14
LAWS THAT COMPLY WITH THE MINIMUM STANDARDS .15
(3) IF A SUBJECT JURISDICTION ADOPTS THE MODEL CODE OR THE16
MODEL CODE IS OTHERWISE IN EFFECT FOR A SUBJECT JURISDICTION17
PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE SUBJECT18
JURISDICTION'S ACCESSORY DWELLING UNIT DECISIONS SHALL BE19
CONSISTENT WITH THE MODEL CODE AND THE SUBJECT JURISDICTION20
SHALL:21
(a) USE OBJECTIVE PROCEDURES TO DETERMINE WHETHER AN22
ACCESSORY DWELLING PROJECT SATISFIES THE MODEL CODE AND APPROVE23
SUCH A PROJECT IF IT SATISFIES THE MODEL CODE; AND24
(b) NOT ADOPT, ENACT, OR ENFORCE ANY LOCAL LAWS THAT25
CONTRAVENE THE MODEL CODE .26
(4) A SUBJECT JURISDICTION THAT ALREADY HAS LOCAL LAWS IN27
213
-99- EFFECT THAT MEET THE MINIMUM STANDARDS ESTABLISHED IN SECTION1
29-33-205 NEED NOT UPDATE THEIR LOCAL LAWS, AND MAY SUBMIT2
EVIDENCE TO THE DEPARTMENT OF LOCAL AFFAIRS DEMONSTRATING SUCH3
COMPLIANCE.4
(5) (a) NO LATER THAN JUNE 30, 2024, A SUBJECT JURISDICTION5
MAY NOTIFY THE DEPARTMENT OF LOCAL AFFAIRS THAT AN EXEMPTION OR6
AN EXTENSION IS NECESSARY FROM THE REQUIREMENTS OF SUBSECTION7
(1) OF THIS SECTION.8
(b) THE NOTICE MUST DEMONSTRATE THAT THE WATER , SEWER,9
WASTEWATER, OR STORMWATER SERVICES ARE CURRENTLY DEFICIENT IN10
SPECIFIC GEOGRAPHIC AREAS OF THE SUBJECT JURISDICTION OR IN THE11
SUBJECT JURISDICTION AS A WHOLE, OR THE SUBJECT JURISDICTION12
EXPECTS SUCH SERVICES TO BECOME DEFICIENT IN THE NEXT FIVE YEARS.13
AS USED IN THIS SUBSECTION (5)(b), "DEFICIENT" MEANS, IN REFERENCE14
TO THE SUBJECT JURISDICTION'S WATER SUPPLY MASTER PLAN, WATER15
DISTRIBUTION AND WASTEWATER COLLECTION MASTER PLAN ,16
WASTEWATER MASTER PLAN , OR STORMWATER MASTER PLAN, IF17
APPLICABLE, ISSUES CONCERNING:18
(I) WATER SUPPLY;19
(II) WASTEWATER TREATMENT CAPACITY ;20
(III) WATER DISTRIBUTION AND WASTEWATER COLLECTION21
CAPACITY; OR22
(IV) STORMWATER MANAGEMENT CAPACITY .23
(c) IF A SUBJECT JURISDICTION SUBMITS A NOTICE TO THE24
DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO SUBSECTION (5)(b) OF THIS25
SECTION, THE SUBJECT JURISDICTION MAY INCLUDE A PLAN OF ACTION TO26
REMEDY THE DEFICIENT WATER SUPPLY , WATER OR WASTEWATER27
213
-100- TREATMENT CAPACITY, WATER DISTRIBUTION AND WASTEWATER1
COLLECTION CAPACITY, OR STORMWATER MANAGEMENT CAPACITY IN THE2
SPECIFIC AREAS IDENTIFIED IN A CAPITAL IMPROVEMENT PLAN INCLUDED3
IN THE NOTICE.4
(d) THE DEPARTMENT OF LOCAL AFFAIRS MAY ADOPT RULES OR5
PROMULGATE GUIDANCE AS NECESSARY TO IMPLEMENT THIS SUBSECTION6
(5).7
(6) (a) NO LATER THAN JUNE 30, 2025, A SUBJECT JURISDICTION8
SHALL SUBMIT TO THE DEPARTMENT OF LOCAL AFFAIRS, IN A FORM AND9
MANNER DETERMINED BY THE DEPARTMENT OF LOCAL AFFAIRS, A REPORT10
DEMONSTRATING EVIDENCE OF COMPLIANCE WITH EITHER THE MODEL11
CODE OR MINIMUM STANDARDS .12
(b) WITHIN NINETY DAYS OF RECEIVING A REPORT DESCRIBED IN13
SUBSECTION (6)(a) OF THIS SECTION, THE DEPARTMENT OF LOCAL AFFAIRS14
SHALL REVIEW AND APPROVE THE SUBMITTED REPORT OR REJECT THE15
REPORT AND PROVIDE FEEDBACK TO A SUBJECT JURISDICTION. THE16
DEPARTMENT OF LOCAL AFFAIRS MAY GRANT A JURISDICTION AN17
ADDITIONAL ONE HUNDRED TWENTY DAYS TO CORRECT THE RELEVANT18
LOCAL LAWS AND RE-SUBMIT A REPORT.19
(c) IF THE DEPARTMENT OF LOCAL AFFAIRS REJECTS A SUBJECT20
JURISDICTION'S REPORT, THE MODEL CODE GOES INTO EFFECT21
IMMEDIATELY IN THE SUBJECT JURISDICTION UNTIL THE DEPARTMENT OF22
LOCAL AFFAIRS DETERMINES THAT THE SUBJECT JURISDICTION HAS23
ADOPTED LAWS THAT COMPLY WITH THE MINIMUM STANDARDS .24
29-33-207. Subject jurisdiction restrictions. (1) NOTHING IN25
THIS PART 2 PREVENTS A LOCAL GOVERNMENT FROM :26
(a) REQUIRING PARKING SPACES IN ACCORDANCE WITH THE27
213
-101- FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.1
12101 ET SEQ., AS AMENDED, OR TO OTHERWISE PROVIDE PARKING SIGNED2
FOR USE BY PERSONS EXPERIENCING DISABILITIES;3
(b) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE4
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES, IN5
CONFORMANCE WITH THE REQUIREMENTS OF SECTION 29-20-104.5, OR THE6
MITIGATION OF IMPACTS IN CONFORMANCE WITH THE REQUIREMENTS OF7
PART 2 OF ARTICLE 20 OF TITLE 29;8
(c) IMPOSING REQUIREMENTS ON THE SHORT-TERM RENTAL OF AN9
ACCESSORY DWELLING UNIT;10
(d) ALLOWING THE CONSTRUCTION OF, OR ISSUING PERMITS FOR11
THE CONSTRUCTION OF, A SINGLE-UNIT DETACHED DWELLING IN AN AREA12
ZONED FOR SINGLE-UNIT DETACHED DWELLINGS ;13
(e) APPLYING THE STANDARDS AND PROCEDURES OF A HISTORIC14
DISTRICT TO A PARCEL ON WHICH AN ACCESSORY DWELLING UNIT IS15
ALLOWED IN THAT HISTORIC DISTRICT, INCLUDING RULES RELATED TO16
DEMOLITION; OR17
(f) APPLYING AND ENFORCING LOCALLY ADOPTED BUILDING AND18
FIRE CODES.19
PART 320
CORRIDORS AND CENTERS REQUIREMENTS21
29-22-301. Legislative declaration. (1) (a) THE GENERAL22
ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:23
(I) LOCAL GOVERNMENT LAND USE DECISIONS CAN LIMIT DENSER24
MULTIFAMILY HOUSING DEVELOPMENT NEAR FREQUENT TRANSIT SERVICE25
AND IN COMMERCIAL AND INSTITUTIONAL AREAS ;26
(II) HOUSING SUPPLY IMPACTS HOUSING AFFORDABILITY ;27
213
-102- (III) HOUSING PRICES ARE TYPICALLY HIGHER WHEN HOUSING1
SUPPLY IS RESTRICTED BY LOCAL LAND USE REGULATIONS IN A2
METROPOLITAN REGION, ACCORDING TO STUDIES SUCH AS THE NATIONAL3
BUREAU OF ECONOMIC RESEARCH WORKING PAPERS "REGULATION AND4
HOUSING SUPPLY", "THE IMPACT OF ZONING ON HOUSING5
AFFORDABILITY", AND "THE IMPACT OF LOCAL RESIDENTIAL LAND USE6
RESTRICTIONS ON LAND VALUES ACROSS AND WITHIN SINGLE FAMILY7
HOUSING MARKETS". INCREASING HOUSING SUPPLY MODERATES PRICE8
INCREASES AND IMPROVES HOUSING AFFORDABILITY ACROSS ALL9
INCOMES, ACCORDING TO STUDIES SUCH AS "THE ECONOMIC10
IMPLICATIONS OF HOUSING SUPPLY", IN THE JOURNAL OF ECONOMIC11
PERSPECTIVES, AND "SUPPLY SKEPTICISM: HOUSING SUPPLY AND12
AFFORDABILITY", IN THE JOURNAL OF HOUSING POLICY DEBATE.13
(IV) MULTIFAMILY HOUSING IS TYPICALLY MORE AFFORDABLE14
THAN SINGLE-UNIT DWELLINGS, AND LIVING NEAR TRANSIT, JOBS, AND15
SERVICES ENABLES HOUSEHOLDS TO SAVE ON TRANSPORTATION COSTS BY16
OWNING FEWER VEHICLES. IN 2019, COLORADO MULTIFAMILY UNITS COST17
BETWEEN FOURTEEN AND FORTY-THREE PERCENT LESS TO RENT,18
DEPENDING ON THE SIZE OF THE BUILDING, COMPARED TO SINGLE-UNIT19
DETACHED DWELLINGS, ACCORDING TO THE AMERICAN COMMUNITY20
SURVEY.21
(V) THE TERNER CENTER FOR HOUSING INNOVATION AT THE22
UNIVERSITY OF CALIFORNIA BERKELEY FOUND IN ITS REPORT23
"RESIDENTIAL REDEVELOPMENT OF COMMERCIALLY ZONED LAND IN24
CALIFORNIA" THAT THERE IS A SIGNIFICANT POTENTIAL FOR RESIDENTIAL25
DEVELOPMENT IN COMMERCIALLY ZONED AREAS , THAT MANY26
COMMERCIAL ZONE DISTRICTS DO NOT ALLOW RESIDENTIAL27
213
-103- DEVELOPMENT, AND THAT ALLOWING USE BY RIGHT RESIDENTIAL1
DEVELOPMENT IN COMMERCIAL ZONE DISTRICTS CAN ENCOURAGE2
ADDITIONAL HOUSING SUPPLY;3
(VI) ACCORDING TO THE NATIONAL ASSOCIATION OF REALTORS4
IN ITS REPORT "ANALYSIS AND CASE STUDIES ON OFFICE-TO-HOUSING5
CONVERSIONS", OVER FIVE MILLION SEVEN HUNDRED THOUSAND SQUARE6
FEET OF OFFICE SPACE BECAME UNOCCUPIED IN THE DENVER7
METROPOLITAN REAL ESTATE MARKET BETWEEN 2020 AND 2021, THE8
DENVER MARKET COULD POTENTIALLY ADD OVER TWO THOUSAND NEW9
RESIDENTIAL UNITS FROM OFFICE TO RESIDENTIAL CONVERSIONS IF IT10
CONVERTED TWENTY PERCENT OF CURRENTLY VACANT OFFICE SPACE , AND11
ONE OF THE MAJOR BARRIERS TO CONVERSIONS IS RESTRICTIVE LOCAL12
LAND USE REGULATIONS THAT REQUIRE DISCRETIONARY APPROVALS ;13
(VII) ACCORDING TO THE NOTRE DAME LAW SCHOOL, IN THE14
ARTICLE "SHELLS OF THE STORES THEY ONCE WERE: RETURNING VACANT15
RETAIL PROPERTY TO PRODUCTIVE USE IN THE MIDST OF THE RETAIL16
APOCALYPSE", UNITED STATES RETAILERS HAVE BEEN CLOSING BRICK17
AND MORTAR LOCATIONS IN LARGE NUMBERS SINCE AT LEAST 2017,18
LEAVING BEHIND VACANT COMMERCIAL BUILDINGS AND PROPERTIES THAT19
POSE PROBLEMS FOR PUBLIC HEALTH AND SAFETY , REDUCE LOCAL TAX20
REVENUE, AND LEAD TO THE FLIGHT OF OTHER RETAIL BUSINESSES.21
VACANT COMMERCIAL PROPERTIES PROVIDE OPPORTUNITIES FOR22
RESIDENTIAL AND MIXED-USE REDEVELOPMENT, BOTH THROUGH23
ADAPTIVE REUSE OF EXISTING BUILDINGS, AND THROUGH NEW24
DEVELOPMENT, AND, ACCORDING TO THE LOCAL GOVERNMENT25
COMMISSION IN COOPERATION WITH THE UNITED STATES26
ENVIRONMENTAL PROTECTION AGENCY, IN THE JOINT REPORT "CREATING27
213
-104- GREAT NEIGHBORHOODS: DENSITY IN YOUR COMMUNITY", INCREASED1
RESIDENTIAL DENSITY IS ASSOCIATED WITH THE ECONOMIC SUCCESS OF2
NEARBY BUSINESSES AND CONTRIBUTES TO THE REVITALIZATION OF3
NEIGHBORHOODS.4
(VIII) MEETING HOUSING DEMAND THROUGH COMPACT INFILL5
DEVELOPMENT CLOSE TO JOBS , SERVICES, AND TRANSIT DECREASES THE6
NEED FOR NEW DISPERSED, LOW-DENSITY HOUSING. RELATIVE TO7
DISPERSED, LOW-DENSITY DEVELOPMENT, COMPACT INFILL HOUSING8
DEVELOPMENT, INCLUDING MULTIFAMILY HOUSING DEVELOPMENT ,9
REDUCES WATER USE, GREENHOUSE GAS EMISSIONS, INFRASTRUCTURE10
COSTS, AND HOUSEHOLD ENERGY AND TRANSPORTATION COSTS .11
(IX) HOUSING WITH ACCESS TO FREQUENT TRANSIT ALLOWS12
RESIDENTS TO TRAVEL TO WORK AND SERVICES WITHOUT DRIVING OR13
WHILE DRIVING LESS, WHICH REDUCES HOUSEHOLD TRANSPORTATION14
COSTS, GREENHOUSE GAS EMISSIONS, AND AIR POLLUTION. ANALYSES OF15
TRANSIT-ORIENTED DEVELOPMENTS HAVE FOUND RESIDENTS TAKE AN16
AVERAGE OF FORTY-FOUR PERCENT FEWER VEHICLE TRIPS, ACCORDING TO17
THE ARTICLE "VEHICLE TRIP REDUCTION IMPACTS OF TRANSIT-ORIENTED18
HOUSING" IN THE JOURNAL OF PUBLIC TRANSPORTATION. AND,19
ACCORDING TO THE CALIFORNIA AIR RESOURCES BOARD REPORTS20
"IMPACT OF JOBS-HOUSING BALANCE ON PASSENGER VEHICLE USE AND21
GREENHOUSE GAS EMISSIONS" AND "IMPACTS OF LAND-USE MIX ON22
PASSENGER VEHICLE USE AND GREENHOUSE GAS EMISSIONS",23
CO-LOCATING RESIDENCES , JOBS, AND SERVICES ALSO REDUCES24
HOUSEHOLD VEHICLE MILES TRAVELED .25
(X) MULTIFAMILY HOUSING USES SIGNIFICANTLY LESS ENERGY FOR26
HEATING AND COOLING PER UNIT THAN SINGLE -UNIT DETACHED27
213
-105- DWELLINGS DUE TO MULTIFAMILY HOUSING HAVING ATTACHED WALLS1
AND SMALLER SIZE, WHICH REDUCES HOUSEHOLD ENERGY COSTS AND2
GREENHOUSE GAS EMISSIONS. IN COLORADO, HOUSEHOLD ENERGY3
DEMAND ON AVERAGE IS SEVENTY PERCENT LESS FOR MULTIFAMILY4
HOUSING COMPARED TO SINGLE-UNIT DETACHED DWELLINGS, ACCORDING5
TO THE NATIONAL RENEWABLE ENERGY LABORATORY RESTOCK6
ANALYSIS TOOL.7
(b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT8
INCREASED HOUSING SUPPLY IN TRANSIT-ORIENTED AREAS AND KEY9
CORRIDORS IS A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN .10
29-33-302. Applicability - transit-oriented areas model code -11
transit-oriented areas minimum standards - adoption of model code12
or minimum standards - definitions. (1) Definitions. AS USED IN THIS13
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :14
(a) "ELIGIBLE PARCEL" MEANS A PARCEL THAT IS NOT:15
(I) A STANDARD EXEMPT PARCEL ;16
(II) PART OF A PARCEL THAT INCLUDES LAND THAT IS A PARK AND17
OPEN SPACE, AS DEFINED IN SECTION 29-7.5-103 (2);18
(III) A PARCEL THAT IS SUBJECT TO A CONSERVATION EASEMENT;19
OR20
(IV) ON A SITE THAT IS:21
(A) CURRENTLY USED FOR AN INDUSTRIAL USE ;22
(B) CURRENTLY ALLOWS INDUSTRIAL USES ;23
(C) DESIGNATED FOR HEAVY INDUSTRIAL USE IN THE LATEST24
VERSION OF A SUBJECT JURISDICTION'S MASTER PLAN;25
(D) OWNED BY, USED AS, OR OPERATED BY AN AIRPORT; OR26
(E) CURRENTLY USED AS A MOBILE HOME PARK, AS DEFINED IN27
213
-106- SECTION 38-12-201.5 (6).1
(b) "MINIMUM STANDARDS" MEANS THE MINIMUM STANDARDS FOR2
TRANSIT-ORIENTED AREAS ESTABLISHED IN SUBSECTION (4) OF THIS3
SECTION.4
(c) "MIXED-INCOME MULTIFAMILY HOUSING" MEANS MULTIFAMILY5
HOUSING IN WHICH AT LEAST TEN PERCENT OF THE HOUSING UNITS ARE SET6
ASIDE FOR HOUSEHOLDS THAT EARN NO MORE THAN EIGHTY PERCENT OF7
THE AREA MEDIAN INCOME.8
(d) "MODEL CODE" MEANS THE TRANSIT-ORIENTED AREAS MODEL9
CODE PROMULGATED BY THE DEPARTMENT OF LOCAL AFFAIRS PURSUANT10
TO SUBSECTION (3) OF THIS SECTION.11
(e) "SUBJECT JURISDICTION" MEANS A TIER ONE URBAN12
MUNICIPALITY OR COUNTY THAT CONTAINS A TRANSIT -ORIENTED AREA.13
(2) Applicability. (a) THE REQUIREMENTS OF THIS SECTION ONLY14
APPLY TO AN ELIGIBLE PARCEL IN A TRANSIT-ORIENTED AREA IN A SUBJECT15
JURISDICTION.16
(b) IF A TRANSIT-ORIENTED AREA IS LOCATED WITHIN MULTIPLE17
JURISDICTIONS, A SUBJECT JURISDICTION NEED ONLY MEET THE18
REQUIREMENTS OF THIS SECTION IN THE PARTS OF A TRANSIT-ORIENTED19
AREA LOCATED WITHIN THE SUBJECT JURISDICTION .20
(c) WHERE THE REQUIREMENTS OF THIS SECTION APPLY TO21
PARCELS OR LOTS TO WHICH PART 2 OF THIS ARTICLE 33 OR SECTION22
29-33-303 ALSO APPLY, THE REQUIREMENTS OF THIS SECTION SHALL23
SUPERSEDE ANY CONFLICTING REQUIREMENTS OF PART 2 OF THIS ARTICLE24
33 OR SECTION 29-33-303.25
(3) Model code. (a) (I) NO LATER THAN JUNE 30, 2024, THE26
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL27
213
-107- PROMULGATE A TRANSIT-ORIENTED AREA MODEL CODE .1
(II) THE MULTI-AGENCY ADVISORY COMMITTEE SHALL PROVIDE2
RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT3
OF LOCAL AFFAIRS ON THE TRANSIT-ORIENTED AREA MODEL CODE4
PURSUANT TO SECTION 29-33-305.5
(b) AT A MINIMUM, THE MODEL CODE MUST INCLUDE :6
(I) A REQUIREMENT THAT SUBJECT JURISDICTIONS MAY NOT7
REQUIRE NEW OFF-STREET PARKING WITHIN TRANSIT-ORIENTED AREAS FOR8
ANY USES IN CONJUNCTION WITH A MIXED-INCOME MULTIFAMILY HOUSING9
DEVELOPMENT;10
(II) A REQUIREMENT THAT SUBJECT JURISDICTIONS ALLOW11
MIXED-USE DEVELOPMENT WITH COMMERCIAL USES ON THE FIRST FLOOR12
IN CONJUNCTION WITH MIXED-INCOME MULTIFAMILY HOUSING WITH A NET13
DENSITY OF UP TO AT LEAST SIXTY UNITS PER ACRE; AND14
(III) A REQUIREMENT THAT SUBJECT JURISDICTIONS ALLOW15
MIXED-INCOME MULTIFAMILY HOUSING OF UP TO AT LEAST SIXTY UNITS16
PER ACRE NET DENSITY AS A USE BY RIGHT ON ELIGIBLE PARCELS IN17
TRANSIT-ORIENTED AREAS.18
(c) NOTHING IN THIS MODEL CODE SHALL PREVENT A SUBJECT19
JURISDICTION FROM UTILIZING SET ASIDE PERCENTAGE AND AREA MEDIAN20
INCOME LEVEL REQUIREMENTS AS SPECIFIED IN THEIR LOCAL LAWS ,21
RATHER THAN AS SPECIFIED IN THE MODEL CODE, SO LONG AS THE SUBJECT22
JURISDICTION HAS ADOPTED A LOCAL INCLUSIONARY ZONING ORDNANCE23
THAT APPLIES IN TRANSIT-ORIENTED AREAS.24
(d) REGULATED AFFORDABLE HOUSING UNITS IN MIXED-INCOME25
MULTIFAMILY HOUSING DEVELOPMENTS MUST BE SIMILAR IN SIZE TO THE26
OTHER UNITS IN THE DEVELOPMENT .27
213
-108- (4) Minimum standards. (a) (I) NOTWITHSTANDING ANY LOCAL1
LAW TO THE CONTRARY, A SUBJECT JURISDICTION THAT DOES NOT ADOPT2
THE MODEL CODE SHALL CREATE OR UPDATE A ZONING DISTRICT WITHIN3
EACH TRANSIT-ORIENTED IN WHICH MULTIFAMILY HOUSING IS ALLOWED4
AS A USE BY RIGHT AND A MINIMUM AVERAGE NET DENSITY OF UP TO AT5
LEAST FORTY UNITS OF MULTIFAMILY HOUSING PER ACRE IS ALLOWED.6
SUBJECT JURISDICTIONS MAY ESTABLISH SUBDISTRICTS WITHIN THESE7
ZONING DISTRICTS THAT ALLOW A DIFFERENT NET DENSITY OF8
MULTIFAMILY HOUSING DEVELOPMENT SO LONG AS EACH DISTRICT OR9
SUBDISTRICT ALLOWS AN AVERAGE NET DENSITY OF MULTIFAMILY10
HOUSING OF UP TO AT LEAST FORTY UNITS PER ACRE. THE MINIMUM AREA11
OF THE ZONING DISTRICT OR SUBDISTRICT MUST IN TOTAL BE GREATER12
THAN OR EQUAL TO FIFTY PERCENT OF THE AREA OF ELIGIBLE PARCELS IN13
EACH TRANSIT-ORIENTED AREA IN A SUBJECT JURISDICTION. A SUBJECT14
JURISDICTION MAY CHOOSE TO INCLUDE PARCELS THAT WOULD OTHERWISE15
NOT QUALIFY AS ELIGIBLE PARCELS WHEN CALCULATING THE AREA OF16
ELIGIBLE PARCELS IN EACH TRANSIT-ORIENTED AREA IN A SUBJECT17
JURISDICTION. A SUBJECT JURISDICTION THAT ALREADY HAS LOCAL LAWS18
IN EFFECT THAT ESTABLISH A ZONING DISTRICT OR DISTRICTS THAT MEET19
THE MINIMUM STANDARDS NEED NOT UPDATE THEIR LOCAL LAWS AND20
MAY SUBMIT EVIDENCE TO THE DEPARTMENT OF LOCAL AFFAIRS21
DEMONSTRATING SUCH COMPLIANCE .22
(II) NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A23
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE MAY24
MEET THE AVERAGE NET DENSITY ESTABLISHED IN THE MINIMUM25
STANDARDS BY ADOPTING LOCAL LAWS APPLICABLE TO A ZONING DISTRICT26
COVERING AREAS OUTSIDE OF TRANSITED-ORIENTED AREAS SO LONG AS27
213
-109- THE ZONING DISTRICT IS AT LEAST THE SAME SIZE AS THE ELIGIBLE1
PARCELS IN THE TRANSIT-ORIENTED AREA IF:2
(A) SIGNIFICANT DEVELOPMENT CONSTRAINTS EXIST ; AND3
(B) THE SUBJECT JURISDICTION HAS ESTABLISHED PLANNING4
AREAS FOR TRANSIT-COMPATIBLE USE IN ADJACENT AREAS, OR UTILIZES5
ALTERNATE MEASUREMENT METHODS FOR DETERMINING THE EXTENT OF6
A TRANSIT-ORIENTED AREA SUCH AS WALKING DISTANCE FROM TRANSIT7
STATIONS. ESTABLISHED PLANNING AREAS MUST INCLUDE PLANS TO8
ADDRESS ANY DEFICIENCIES IN PEDESTRIAN AND BICYCLE ACCESS; AND,9
IN DETERMINING THE LOCATION OF ZONING DISTRICTS FOR10
TRANSIT-ORIENTED AREAS, A SUBJECT JURISDICTION SHALL CONSIDER THE11
DISPLACEMENT RISK ASSESSMENT COMPLETED PURSUANT TO SECTION12
29-33-107.13
(b) NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A14
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL15
NOT REQUIRE NEW OFF -STREET VEHICLE PARKING WITHIN16
TRANSIT-ORIENTED AREAS FOR ANY USE IN CONJUNCTION WITH A17
MULTIFAMILY HOUSING DEVELOPMENT PERMIT .18
(c) NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A19
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL20
ONLY ADOPT AND ENFORCE LOCAL LAWS CONCERNING MULTIFAMILY21
HOUSING IN TRANSIT-ORIENTED AREAS THAT USE OBJECTIVE STANDARDS22
AND OBJECTIVE PROCEDURES.23
(d) THE DEPARTMENT OF LOCAL AFFAIRS MAY PROMULGATE RULES24
AS IT DEEMS NECESSARY TO UPDATE THE MINIMUM STANDARDS OR MODEL25
CODE ESTABLISHED PURSUANT TO THIS SECTION , UTILIZING A PUBLIC26
HEARING AND COMMENT PROCESS .27
213
-110- (5) Adoption of model code or minimum standards. (a) (I) NO1
LATER THAN JUNE 30, 2025, A SUBJECT JURISDICTION SHALL:2
(A) ADOPT LOCAL LAWS CONCERNING TRANSIT-ORIENTED AREAS3
THAT SATISFY THE MINIMUM STANDARDS : OR4
(B) ADOPT THE MODEL CODE.5
(b) IF A SUBJECT JURISDICTION DOES NOT SATISFY THE6
REQUIREMENTS OF SUBSECTION (5)(a)(I) OF THIS SECTION BEFORE7
DECEMBER 31, 2025, THE MODEL CODE GOES INTO EFFECT IMMEDIATELY8
FOR ALL ELIGIBLE PARCELS AND THE SUBJECT JURISDICTION SHALL NOT9
DENY OR CONDITION APPROVAL OF AN APPLICATION FOR A MIXED-INCOME10
MULTIFAMILY HOUSING PROJECT ON AN ELIGIBLE PARCEL ON A BASIS THAT11
IS INCONSISTENT WITH THE MODEL CODE, AS SPECIFIED IN SUBSECTION (3)12
OF THIS SECTION, UNTIL THE DEPARTMENT OF LOCAL AFFAIRS DETERMINES13
THAT THE SUBJECT JURISDICTION HAS ADOPTED LAWS THAT COMPLY WITH14
THE MINIMUM STANDARDS .15
(c) IF A SUBJECT JURISDICTION ADOPTS THE MODEL CODE OR THE16
MODEL CODE IS OTHERWISE IN EFFECT FOR A SUBJECT JURISDICTION17
PURSUANT TO SUBSECTION (5)(b) OF THIS SECTION, THE DECISIONS OF THE18
SUBJECT JURISDICTION SHALL BE CONSISTENT WITH THE MODEL CODE AND19
THE SUBJECT JURISDICTION SHALL:20
(I) USE OBJECTIVE PROCEDURES TO DETERMINE WHETHER A21
MIXED-INCOME MULTIFAMILY HOUSING PROJECT SATISFIES THE MODEL22
CODE AND, IF THE SUBJECT JURISDICTION DETERMINES THAT THE PROJECT23
SATISFIES THE MODEL CODE, THE SUBJECT JURISDICTION SHALL APPROVE24
THE PROJECT; AND25
(II) NOT ADOPT, ENACT, OR ENFORCE ANY LOCAL LAWS THAT26
CONTRAVENE THE MODEL CODE .27
213
-111- (6) Subject jurisdiction restrictions. NOTHING IN THIS PART 3,1
THE MODEL CODE, OR THE MINIMUM STANDARDS PREVENTS A LOCAL2
GOVERNMENT FROM :3
(a) REQUIRING PARKING SPACES IN ACCORDANCE WITH THE4
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.5
12101 ET SEQ., AS AMENDED, OR TO OTHERWISE PROVIDE PARKING SIGNED6
FOR USE BY PERSONS EXPERIENCING DISABILITIES;7
(b) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE8
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES, IN9
CONFORMANCE WITH THE REQUIREMENTS OF SECTION 29-20-104.5, OR THE10
MITIGATION OF IMPACTS IN CONFORMANCE WITH THE REQUIREMENTS OF11
PART 2 OF ARTICLE 20 OF TITLE 29;12
(c) APPLYING A LOCAL INCLUSIONARY ZONING ORDINANCE IN13
TRANSIT-ORIENTED AREAS IN ACCORDANCE WITH THE REQUIREMENTS OF14
SECTION 29-20-104 (1)(e.5) AND (1)(e.7) AND SUBJECT TO PART 2 OF15
ARTICLE 20 OF TITLE 29;16
(d) IMPOSING REQUIREMENTS ON THE SHORT-TERM RENTAL OF17
HOUSING IN TRANSIT-ORIENTED AREAS;18
(e) PERMITTING MIXED -USE DEVELOPMENT IN A19
TRANSIT-ORIENTED AREA;20
(f) ALLOWING COMMERCIAL ONLY DEVELOPMENTS IN A21
TRANSIT-ORIENTED AREA;22
(g) APPLYING THE STANDARDS AND PROCEDURES OF A HISTORIC23
DISTRICT TO A PARCEL IN A TRANSIT-ORIENTED AREA ON WHICH HOUSING24
IS ALLOWED IN THAT HISTORIC DISTRICT, INCLUDING RULES RELATED TO25
DEMOLITION; OR26
(h) APPLYING AND ENFORCING LOCALLY ADOPTED BUILDING AND27
213
-112- FIRE CODES.1
29-33-303. Applicability - key corridors model code - key2
corridors minimum standards - adoption of model code or minimum3
standards - definitions. (1) Definitions. AS USED IN THIS SECTION,4
UNLESS THE CONTEXT OTHERWISE REQUIRES :5
(a) "ELIGIBLE PARCEL" MEANS A PARCEL, EXCLUDING PARCELS6
DESCRIBED IN SECTION 29-33-303 (2)(b) ON WHICH COMMERCIAL,7
INSTITUTIONAL, RESIDENTIAL, OR MIXED USES ARE PERMITTED USES BY8
RIGHT.9
(b) "KEY CORRIDORS" MEANS THE AREAS DESIGNATED AS KEY10
CORRIDORS IN THE KEY CORRIDORS MAP PUBLISHED BY THE DEPARTMENT11
OF LOCAL AFFAIRS PURSUANT TO SECTION 29-33-303 (2)(a).12
(c) "MINIMUM STANDARDS" MEANS THE KEY CORRIDOR MINIMUM13
STANDARDS ESTABLISHED IN SUBSECTION (5) OF THIS SECTION.14
(d) "MIXED-INCOME MULTIFAMILY HOUSING" MEANS MULTIFAMILY15
HOUSING IN WHICH AT LEAST TEN PERCENT OF THE HOUSING UNITS ARE SET16
ASIDE FOR HOUSEHOLDS THAT EARN NO MORE THAN EIGHTY PERCENT OF17
THE AREA MEDIAN INCOME.18
(e) "MODEL CODE" MEANS THE KEY CORRIDORS MODEL CODE19
PROMULGATED BY THE DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO20
SUBSECTION (4) OF THIS SECTION.21
(f) "SUBJECT JURISDICTION" MEANS A TIER ONE URBAN22
MUNICIPALITY.23
(2) Applicability. (a) NO LATER THAN DECEMBER 31, 2023, THE24
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL, IN25
CONSULTATION WITH THE COLORADO DEPARTMENT OF TRANSPORTATION,26
METROPOLITAN PLANNING ORGANIZATIONS , AND TRANSIT AGENCIES THAT27
213
-113- OPERATE WITHIN METROPOLITAN PLANNING ORGANIZATIONS , PUBLISH A1
KEY CORRIDORS MAP THAT DESIGNATES KEY CORRIDORS. THE EXECUTIVE2
DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL INCLUDE THE3
FOLLOWING AREAS WITHIN TIER ONE URBAN MUNICIPALITIES IN THE KEY4
CORRIDORS MAP:5
(I) AREAS WITHIN ONE-HALF MILE OF A BUS STOP ON A LIMITED6
ACCESS HIGHWAY SERVED BY AN EXISTING OR PLANNED COMMUTER BUS7
RAPID TRANSIT SERVICE; AND8
(II) AREAS WITHIN ONE-QUARTER MILE OF A:9
(A) BUS STOP NOT ON A LIMITED ACCESS HIGHWAY SERVED BY AN10
EXISTING OR PLANNED COMMUTER BUS RAPID TRANSIT SERVICE ;11
(B) ROADWAY SERVED BY AN EXISTING OR PLANNED URBAN BUS12
RAPID TRANSIT SERVICE;13
(C) ROADWAY SERVED BY A BUS ROUTE THAT IS SCHEDULED TO14
RUN EVERY FIFTEEN MINUTES OR LESS DURING THE HIGHEST FREQUENCY15
SERVICE HOURS, AND THAT IS AT LEAST ONE MILE LONG; AND16
(D) BUS STOP SERVED BY A BUS ROUTE THAT IS SCHEDULED TO17
RUN EVERY FIFTEEN MINUTES OR LESS DURING THE HIGHEST FREQUENCY18
SERVICE HOURS, IS AT LEAST ONE MILE LONG, AND THAT RUNS ON A19
LIMITED ACCESS HIGHWAY.20
(b) KEY CORRIDORS SHALL BE DESIGNATED BASED ON :21
(I) EXISTING TRANSIT SERVICE LEVELS AS OF JANUARY 1, 2023;22
(II) AN URBAN BUS RAPID TRANSIT SERVICE OR COMMUTER BUS23
RAPID TRANSIT SERVICE THAT IS IDENTIFIED WITHIN A METROPOLITAN24
PLANNING ORGANIZATION'S LONG RANGE TRANSPORTATION PLAN25
ADOPTED PRIOR TO JANUARY 1, 2023, AND PLANNED FOR COMPLETION ON26
OR BEFORE DECEMBER 31, 2030; EXCEPT THAT, THE MULTI-AGENCY27
213
-114- ADVISORY COMMITTEE MAY DETERMINE THAT A SPECIFIC SEGMENT OF1
SUCH A SERVICE ROUTE SHOULD NOT BE DESIGNATED AS A KEY CORRIDOR2
BASED ON STRATEGIC GROWTH OBJECTIVES AND MAY REMOVE SUCH3
SEGMENT OF A SERVICE ROUTE FROM KEY CORRIDOR DESIGNATION ON OR4
BEFORE JANUARY 1, 2024;5
(III) TRANSIT SERVICE LEVELS PLANNED AND APPROVED BY THE6
BOARD OF A TRANSIT AGENCY AS OF JANUARY 1, 2023, FOR7
IMPLEMENTATION BEFORE JANUARY 1, 2028; AND8
(IV) ALL BUS STOP LOCATIONS AND MEASUREMENTS SHALL BE9
DETERMINED USING GEOSPATIAL DATA FROM THE RELEVANT TRANSIT10
AGENCY, AND ROADWAY LOCATIONS AND MEASUREMENTS SHALL BE11
DETERMINED USING THE CENTERLINE OF THE ROADWAY .12
(3) (a) IF A SUBJECT JURISDICTION ADOPTS THE MODEL CODE , OR13
THE MODEL CODE IS OTHERWISE IN EFFECT, THE MODEL CODE SHALL APPLY14
TO ALL ELIGIBLE PARCELS.15
(b) UNLESS A SUBJECT JURISDICTION DECIDES OTHERWISE, LOCAL16
LAWS ADOPTED PURSUANT TO THIS SECTION ONLY APPLY TO PARCELS17
THAT ARE NOT:18
(I) A STANDARD EXEMPT PARCEL ;19
(II) THE PORTION OF A PARCEL THAT INCLUDES LAND THAT IS A20
PARK AND OPEN SPACE, AS DEFINED IN SECTION 29-7.5-103 (2);21
(III) A PARCEL THAT IS SUBJECT TO A CONSERVATION EASEMENT;22
OR23
(IV) ON A SITE THAT IS:24
(A) CURRENTLY USED FOR AN INDUSTRIAL USE ;25
(B) CURRENTLY ALLOWS INDUSTRIAL USES ;26
(C) DESIGNATED FOR HEAVY INDUSTRIAL USE IN THE LATEST27
213
-115- VERSION OF A SUBJECT JURISDICTION'S MASTER PLAN;1
(D) OWNED BY, USED BY, OR OPERATED BY AN AIRPORT; OR2
(E) CURRENTLY USED AS A MOBILE HOME PARK, AS DEFINED IN3
SECTION 38-12-201.5 (6).4
(4) Model code. (a) (I) NO LATER THAN JUNE 30, 2024, THE5
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS SHALL6
PROMULGATE A KEY CORRIDOR MODEL CODE .7
(II) THE MULTI-AGENCY ADVISORY COMMITTEE SHALL PROVIDE8
RECOMMENDATIONS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT9
OF LOCAL AFFAIRS ON THE MODEL CODE PURSUANT TO SECTION 29-33-305. 10
(b) AT A MINIMUM, THE MODEL CODE MUST INCLUDE :11
(I) A REQUIREMENT THAT A SUBJECT JURISDICTION ALLOW12
MIXED-INCOME MULTIFAMILY HOUSING AS A USE BY RIGHT IN KEY13
CORRIDORS WITH DENSITIES UP TO AT LEAST:14
(A) FORTY DWELLING UNITS PER ACRE NET DENSITY ON ELIGIBLE15
PARCELS IN KEY CORRIDORS DUE TO THEIR PROXIMITY TO COMMUTER BUS16
RAPID TRANSIT SERVICE OR URBAN BUS RAPID TRANSIT SERVICE ; AND17
(B) THIRTY DWELLING UNITS PER ACRE NET DENSITY FOR ALL18
OTHER ELIGIBLE PARCELS.19
(II) A REQUIREMENT THAT SUBJECT JURISDICTIONS ALLOW20
MIXED-USE DEVELOPMENT WITH COMMERCIAL USES ON THE FIRST FLOOR21
IN CONJUNCTION WITH MIXED-INCOME MULTIFAMILY HOUSING .22
(c) NOTHING IN THIS MODEL CODE SHALL PREVENT A SUBJECT23
JURISDICTION FROM UTILIZING SET ASIDE PERCENTAGE AND AREA MEDIAN24
INCOME LEVEL REQUIREMENTS AS SPECIFIED IN THEIR LOCAL LAWS ,25
RATHER THAN AS SPECIFIED IN THE MODEL CODE, SO LONG AS THE SUBJECT26
JURISDICTION HAS ADOPTED A LOCAL INCLUSIONARY ZONING ORDINANCE27
213
-116- THAT APPLIES IN KEY CORRIDOR AREAS.1
(d) REGULATED AFFORDABLE HOUSING UNITS WITHIN2
MIXED-INCOME MULTIFAMILY HOUSING DEVELOPMENTS MUST BE SIMILAR3
IN SIZE TO THE OTHER UNITS IN THE DEVELOPMENT .4
(e) THE MODEL CODE MUST NOT ALLOW MINIMUM OFF-STREET5
VEHICLE PARKING REQUIREMENTS IN CONNECTION WITH THE6
CONSTRUCTION OR PERMITTING OF MIXED-INCOME MULTIFAMILY HOUSING7
IN KEY CORRIDORS THAT ARE GREATER THAN ONE -HALF OF A VEHICLE8
PARKING SPACE PER DWELLING UNIT, WHICH MAY BE ROUNDED UP IN THE9
CASE OF AN ODD NUMBER OF DWELLING UNITS .10
(5) Minimum standards. (a) NOTWITHSTANDING ANY LOCAL LAW11
TO THE CONTRARY, A SUBJECT JURISDICTION THAT DOES NOT ADOPT THE12
MODEL CODE SHALL CREATE OR UPDATE A ZONING DISTRICT OR DISTRICTS13
WITHIN KEY CORRIDORS IN WHICH MULTIFAMILY HOUSING IS ALLOWED AS14
A USE BY RIGHT. A SUBJECT JURISDICTION THAT ALREADY HAS LOCAL15
LAWS IN EFFECT THAT ESTABLISH A ZONING DISTRICT OR DISTRICTS THAT16
MEET THE MINIMUM STANDARDS NEED NOT UPDATE LOCAL LAWS, AND17
MAY SUBMIT EVIDENCE TO THE DEPARTMENT OF LOCAL AFFAIRS18
DEMONSTRATING SUCH COMPLIANCE .19
(b) (I) THE MINIMUM AREA OF THE ZONING DISTRICT OR DISTRICTS20
REQUIRED BY SUBSECTION (5)(a) OF THIS SECTION AND ALLOWED BY21
SUBSECTION (5)(d) OF THIS SECTION MUST IN TOTAL BE GREATER THAN OR22
EQUAL TO THE GREATER OF:23
(A) TWENTY-FIVE PERCENT OF THE AREA OF THE PORTION OF24
ELIGIBLE PARCELS IN KEY CORRIDORS IN THE SUBJECT JURISDICTION ; OR25
(B) TEN PERCENT OF THE TOTAL AREA OF ELIGIBLE PARCELS IN THE26
SUBJECT JURISDICTION.27
213
-117- (II) A SUBJECT JURISDICTION MAY CHOOSE TO INCLUDE PARCELS1
THAT ARE NOT ELIGIBLE PARCELS IN THE CALCULATION OF THE AREA OF2
ELIGIBLE PARCELS IN KEY CORRIDORS IN THE SUBJECT JURISDICTION .3
(c) WITHIN THE ZONING DISTRICT OR DISTRICTS REQUIRED BY4
SUBSECTION (5)(a) OF THIS SECTION, A SUBJECT JURISDICTION SHALL5
ALLOW MULTIFAMILY HOUSING AS A USE BY RIGHT AT AN AVERAGE NET6
DENSITY OF UP TO AT LEAST TWENTY-FIVE DWELLING UNITS PER ACRE.7
(d) A SUBJECT JURISDICTION MAY ESTABLISH MULTIPLE ZONING8
DISTRICTS THAT ALLOW DIFFERENT NET DENSITIES OF MULTIFAMILY9
HOUSING IF THE AVERAGE NET DENSITY REQUIREMENT IN SUBSECTION10
(5)(c) OF THIS SECTION IS MET ACROSS THE ZONING DISTRICT OR DISTRICTS11
REQUIRED BY SUBSECTION (5)(a) OF THIS SECTION. SUBJECT JURISDICTIONS12
ARE ENCOURAGED TO LOCATE DISTRICTS IN CENTERS OR ALONG13
CORRIDORS THAT ARE PLANNED FOR MIXED -USE, WALKABLE AREAS.14
(e) NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A15
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE MAY16
MEET THE AVERAGE NET DENSITY REQUIREMENTS ESTABLISHED IN THE17
MINIMUM STANDARDS BY ADOPTING LOCAL LAWS APPLICABLE TO A18
ZONING DISTRICT OR DISTRICTS COVERING AREAS OUTSIDE OF KEY19
CORRIDORS IF THE ZONING DISTRICT OR DISTRICTS SATISFY THE AREA20
REQUIREMENTS OF SUBSECTION (5)(b) OF THIS SECTION AND:21
(I) SIGNIFICANT DEVELOPMENT CONSTRAINTS EXIST ; AND22
(II) THE SUBJECT JURISDICTION HAS ESTABLISHED PLANNING23
AREAS FOR TRANSIT -COMPATIBLE DEVELOPMENT, OR MIXED-USE,24
WALKABLE CENTERS, IN OTHER STRATEGIC GROWTH AREAS, OR UTILIZES25
ALTERNATE MEASUREMENT METHODS FOR DETERMINING THE EXTENT OF26
A KEY CORRIDOR SUCH AS WALKING DISTRICT FROM TRANSIT STATIONS.27
213
-118- FOR THE PURPOSES OF THIS SUBSECTION (5)(e)(II):1
(A) ESTABLISHED PLANNING AREAS MUST INCLUDE PLANS TO2
ADDRESS ANY DEFICIENCIES IN PEDESTRIAN AND BICYCLE ACCESS ; AND3
(B) IN DETERMINING THE LOCATION OF ZONING DISTRICTS FOR KEY4
CORRIDORS, A SUBJECT JURISDICTION SHALL CONSIDER THE DISPLACEMENT5
RISK ASSESSMENT COMPLETED PURSUANT TO SECTION 29-33-107.6
(f) NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A7
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL8
NOT, IN THE ZONING DISTRICTS ESTABLISHED PURSUANT TO SUBSECTION9
(5)(a) OF THIS SECTION, APPLY MINIMUM OFF-STREET VEHICLE PARKING10
REQUIREMENTS IN CONNECTION WITH THE CONSTRUCTION OR PERMITTING11
OF MULTIFAMILY HOUSING IN KEY CORRIDORS THAT ARE GREATER THAN12
ONE-HALF OF A PARKING SPACE PER DWELLING UNIT, WHICH MAY BE13
ROUNDED UP IN THE CASE OF AN ODD NUMBER OF DWELLING UNITS .14
(g) NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY , A15
SUBJECT JURISDICTION THAT DOES NOT ADOPT THE MODEL CODE SHALL16
ONLY ADOPT OR ENFORCE LOCAL LAWS CONCERNING MULTIFAMILY17
HOUSING IN KEY CORRIDORS THAT USE OBJECTIVE STANDARDS AND18
OBJECTIVE PROCEDURES.19
(h) THE DEPARTMENT OF LOCAL AFFAIRS MAY PROMULGATE RULES20
AS IT DEEMS NECESSARY TO UPDATE THE MINIMUM STANDARDS OR MODEL21
CODE, UTILIZING A PUBLIC HEARING AND COMMENT PROCESS .22
(6) Adoption of a model code and minimum standards. (a) NO23
LATER THAN JUNE 30, 2025, A SUBJECT JURISDICTION SHALL:24
(I) ADOPT LOCAL LAWS CONCERNING KEY CORRIDORS THAT25
SATISFY THE MINIMUM STANDARDS ; OR26
(II) ADOPT THE MODEL CODE.27
213
-119- (b) IF A SUBJECT JURISDICTION DOES NOT SATISFY THE1
REQUIREMENTS OF SUBSECTION (6)(a) OF THIS SECTION BEFORE2
DECEMBER 31, 2025, THE MODEL CODE GOES INTO EFFECT IMMEDIATELY3
FOR ALL ELIGIBLE PARCELS AND THE SUBJECT JURISDICTION SHALL NOT4
DENY OR CONDITION APPROVAL OF AN APPLICATION FOR A MIXED-INCOME5
MULTIFAMILY HOUSING PROJECT ON AN ELIGIBLE PARCEL ON A BASIS THAT6
IS INCONSISTENT WITH THE MODEL CODE, AS SPECIFIED IN SUBSECTION (4)7
OF THIS SECTION, UNTIL THE DEPARTMENT OF LOCAL AFFAIRS DETERMINES8
THAT THE SUBJECT JURISDICTION HAS ADOPTED LAWS THAT COMPLY WITH9
THE MINIMUM STANDARDS .10
(c) IF A SUBJECT JURISDICTION ADOPTS THE MODEL CODE OR THE11
MODEL CODE IS OTHERWISE IN EFFECT FOR A SUBJECT JURISDICTION12
PURSUANT TO SUBSECTION (6)(b) OF THIS SECTION, THE DECISIONS OF THE13
SUBJECT JURISDICTION SHALL BE CONSISTENT WITH THE MODEL CODE AND14
THE SUBJECT JURISDICTION SHALL:15
(I) USE OBJECTIVE PROCEDURES TO DETERMINE WHETHER A16
MIXED-INCOME MULTIFAMILY HOUSING PROJECT SATISFIES THE MODEL17
CODE AND, IF THE SUBJECT JURISDICTION DETERMINES THAT THE PROJECT18
SATISFIES THE MODEL CODE, THE SUBJECT JURISDICTION SHALL APPROVE19
THE PROJECT; AND20
(II) NOT ADOPT, ENACT, OR ENFORCE ANY LOCAL LAWS THAT21
CONTRAVENE THE MODEL CODE .22
(7) Subject jurisdiction restrictions. (a) NOTHING IN THIS PART23
3, THE MODEL CODE, OR THE MINIMUM STANDARDS PREVENTS A SUBJECT24
JURISDICTION FROM:25
(I) REQUIRING PARKING SPACES IN ACCORDANCE WITH THE26
FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC.27
213
-120- 12101 ET SEQ., AS AMENDED, OR OTHERWISE PROVIDING PARKING SIGNED1
FOR USE BY PERSONS EXPERIENCING DISABILITIES;2
(II) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE3
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES, IN4
CONFORMANCE WITH THE REQUIREMENTS OF SECTION 29-20-104.5, OR THE5
MITIGATION OF IMPACTS IN CONFORMANCE WITH THE REQUIREMENTS OF6
PART 2 OF ARTICLE 20 OF TITLE 29;7
(III) APPLYING A LOCAL INCLUSIONARY ZONING ORDINANCE IN8
KEY CORRIDORS IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION9
29-20-104 (1)(e.5) AND (1)(e.7) AND SUBJECT TO PART 2 OF ARTICLE 2010
OF TITLE 29;11
(IV) IMPOSING REQUIREMENTS ON THE SHORT-TERM RENTAL OF12
HOUSING IN KEY CORRIDORS;13
(V) PERMITTING MIXED-USE DEVELOPMENT IN A KEY CORRIDOR ;14
(VI) ALLOWING COMMERCIAL ONLY DEVELOPMENTS IN A KEY15
CORRIDOR;16
(VII) APPLYING THE STANDARDS AND PROCEDURES OF A HISTORIC17
DISTRICT TO A PARCEL IN A KEY CORRIDOR ON WHICH HOUSING IS18
ALLOWED IN THAT HISTORIC DISTRICT, INCLUDING RULES RELATED TO19
DEMOLITION; OR20
(VIII) APPLYING AND ENFORCING LOCALLY ADOPTED BUILDING21
AND FIRE CODES.22
29-33-304. Public comment and hearing process. (1) IN23
DEVELOPING RECOMMENDATIONS CONCERNING GUIDANCE FOR THE24
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS, THE25
MULTI-AGENCY ADVISORY COMMITTEE CREATED IN SECTION 29-33-10326
(1), RURAL RESORT AREA SUBCOMMITTEE CREATED IN SECTION 29-33-10327
213
-121- (8), AND THE URBAN AREA SUBCOMMITTEE CREATED IN SECTION1
29-33-103 (9), SHALL CONDUCT A PUBLIC COMMENT AND HEARING2
PROCESS CONCERNING THE CREATION OF :3
(a) A MODEL CODE FOR TRANSIT-ORIENTED AREAS PURSUANT TO4
SECTION 29-33-302 (3)(a)(I); AND5
(b) A KEY CORRIDOR MODEL CODE PURSUANT TO SECTION6
29-33-303 (4)(a).7
(2) IN DEVELOPING RECOMMENDATIONS TO PROVIDE TO THE8
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS ON EACH9
MODEL CODE, THE MULTI-AGENCY ADVISORY COMMITTEE SHALL:10
(a) PROVIDE PUBLIC NOTICE OF AND HOLD AT LEAST TWO PUBLIC11
MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO12
COMMENT ON THE MODEL CODE ;13
(b) ALLOW THE SUBMISSION OF WRITTEN COMMENTS ON THE14
MODEL CODE;15
(c) CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM LOCAL16
GOVERNMENTS AND REGIONAL PLANNING AGENCIES ; AND17
(d) CONSULT WITH EXPERTS IN DISABILITY RIGHTS, RACIAL EQUITY18
AND HOMELESSNESS PREVENTION, AFFORDABLE HOUSING, FAIR HOUSING,19
PLANNING, ZONING, AND RELATED FIELDS.20
29-33-305. Exemption or extension. (1) NO LATER THAN JUNE21
30, 2024, A SUBJECT JURISDICTION MAY NOTIFY THE DEPARTMENT OF22
LOCAL AFFAIRS THAT AN EXEMPTION OR AN EXTENSION IS NECESSARY23
FROM THE REQUIREMENTS OF SECTION 29-33-302 (5) OR 29-33-303 (6).24
(2) THE NOTICE MUST DEMONSTRATE THAT THE WATER, SEWER,25
WASTEWATER, OR STORMWATER SERVICES ARE CURRENTLY DEFICIENT IN26
SPECIFIC GEOGRAPHIC AREAS OF THE SUBJECT JURISDICTION OR IN THE27
213
-122- SUBJECT JURISDICTION AS A WHOLE, OR THE SUBJECT JURISDICTION1
EXPECTS SUCH SERVICES TO BECOME DEFICIENT IN THE NEXT FIVE YEARS.2
AS USED IN THIS SUBSECTION (2), "DEFICIENT" MEANS, IN REFERENCE TO3
THE SUBJECT JURISDICTION'S WATER SUPPLY MASTER PLAN, WATER4
DISTRIBUTION AND WASTEWATER COLLECTION MASTER PLAN ,5
WASTEWATER MASTER PLAN, OR STORMWATER MASTER PLAN , IF6
APPLICABLE, ISSUES CONCERNING:7
(a) WATER SUPPLY;8
(b) WASTEWATER TREATMENT CAPACITY ;9
(c) WATER DISTRIBUTION AND WASTEWATER COLLECTION10
CAPACITY; OR11
(d) STORMWATER MANAGEMENT CAPACITY .12
(3) IF A SUBJECT JURISDICTION SUBMITS A NOTICE TO THE13
DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO SUBSECTION (2) OF THIS14
SECTION, THE SUBJECT JURISDICTION MAY INCLUDE A PLAN OF ACTION TO15
REMEDY THE DEFICIENT WATER SUPPLY, WATER OR WASTEWATER16
TREATMENT CAPACITY, WATER DISTRIBUTION AND WASTEWATER17
COLLECTION CAPACITY, OR STORMWATER MANAGEMENT CAPACITY IN THE18
SPECIFIC AREAS IDENTIFIED IN A CAPITAL IMPROVEMENT PLAN INCLUDED19
IN THE NOTICE.20
(4) THE DEPARTMENT OF LOCAL AFFAIRS MAY ADOPT RULES OR21
PROMULGATE GUIDANCE AS NECESSARY TO IMPLEMENT THIS SECTION .22
(5) THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO23
SUBJECT JURISDICTIONS WITH BOTH A POPULATION OF LESS THAN24
TWENTY-FIVE THOUSAND AND AN ANNUAL MEDIAN HOUSEHOLD INCOME25
OF LESS THAN FIFTY-FIVE THOUSAND DOLLARS, IF THE SUBJECT26
JURISDICTION SENDS A LETTER TO THE DEPARTMENT OF LOCAL AFFAIRS, IN27
213
-123- A FORM AND MANNER DETERMINED BY THE DEPARTMENT, INDICATING1
THAT THE SUBJECT JURISDICTION DOES NOT INTEND TO COMPLY WITH THIS2
SECTION.3
(6) (a) A SUBJECT JURISDICTION MAY PROPOSE ALTERNATIVE4
DATES IN LIEU OF THE DEADLINES IN THIS PART 3 TO THE DEPARTMENT OF5
LOCAL AFFAIRS FOR APPROVAL IF THE PROPOSAL DEMONSTRATES A PLAN6
FOR AND PROGRESS TOWARDS ACHIEVING COMPLIANCE WITH THIS PART 3.7
A SUBMITTED PROPOSAL FOR ALTERNATIVE DATES MUST INCLUDE :8
(I) A DESCRIPTION OF WORK ALREADY UNDERWAY , IF ANY, TO9
COMPLY WITH THE MINIMUM STANDARDS SET FORTH IN THIS PART 3; AND10
(II) PROPOSED ALTERNATIVE DATES FOR COMPLIANCE WITH THE11
MINIMUM STANDARDS SET FORTH IN THIS PART 3.12
(b) THE DEPARTMENT OF LOCAL AFFAIRS MAY ISSUE GUIDANCE AS13
NECESSARY TO IMPLEMENT THIS SUBSECTION (6).14
(7) THE DEPARTMENT OF LOCAL AFFAIRS MAY GRANT ANY15
EXTENSION, EXEMPTION, OR WAIVER PROPERLY ALLOWED UNDER THIS16
ARTICLE 33.17
29-33-306. Report. (1) (a) NO LATER THAN JUNE 30, 2025, A18
SUBJECT JURISDICTION SHALL SUBMIT TO THE DEPARTMENT OF LOCAL19
AFFAIRS, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT ,20
REPORTS DEMONSTRATING EVIDENCE OF COMPLIANCE WITH EITHER THE21
MODEL CODES REQUIRED BY SECTIONS 29-33-302 (3) AND 29-33-303 (4)22
OR THE MINIMUM STANDARDS SET FORTH IN SECTIONS 29-33-302 (4) AND23
29-33-303 (5).24
(b) WITHIN NINETY DAYS OF A RECEIVING A REPORT DESCRIBED IN25
SUBSECTION (1) (a) OF THIS SECTION, THE DEPARTMENT OF LOCAL AFFAIRS26
SHALL REVIEW AND APPROVED THE SUBMITTED REPORT OR REJECT THE27
213
-124- REPORT AND PROVIDE FEEDBACK TO A SUBJECT JURISDICTION. THE1
DEPARTMENT OF LOCAL AFFAIRS MAY GRANT A SUBJECT JURISDICTION AN2
ADDITIONAL ONE HUNDRED TWENTY DAYS TO CORRECT THE RELEVANT3
LOCAL LAWS AND RESUBMIT A REPORT .4
(c) IF THE DEPARTMENT OF LOCAL AFFAIRS REJECTS A SUBJECT5
JURISDICTION'S REPORT, THE RELEVANT MODEL CODE GOES INTO EFFECT6
IMMEDIATELY IN THE SUBJECT JURISDICTION UNTIL THE DEPARTMENT OF7
LOCAL AFFAIRS DETERMINES THAT THE SUBJECT JURISDICTION HAS8
ADOPTED LAWS THAT COMPLY WITH THE RELEVANT MINIMUM STANDARDS .9
(2) THE DEPARTMENT OF LOCAL AFFAIRS MAY PROVIDE TECHNICAL10
ASSISTANCE OR FUNDING TO METROPOLITAN PLANNING ORGANIZATIONS11
AND SUBJECT JURISDICTIONS TO ADOPT MINIMUM STANDARDS FOR12
TRANSIT-ORIENTED AREAS AND KEY CORRIDORS THAT SUPPORT REGIONAL13
PLANNING GOALS.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 SHALL
17
CONSULT WITH THE STRATEGIC GROWTH COMMITTEE CREATED IN SECTION18
29-33-103
ON FACTORY-BUILT STRUCTURES AND TINY
HOMES CREATED IN19
SECTION 24-32-3305 (3), TO PRODUCE A REPORT NO LATER THAN JUNE 30,20
2024,
ON THE OPPORTUNITIES AND BARRIERS IN CURRENT STATE LAWS
21
AND REGULATIONS CONCERNING THE BUILDING OF MANUFACTURED22
HOMES, MODULAR HOMES, AND TINY HOMES.23
SECTION 4. In Colorado Revised Statutes, 24-32-3302, amend24
(35)(b)(IV) and (35)(b)(V); and add (35)(b)(VI) as follows:25
24-32-3302. Definitions. As used in this part 33, unless the26
context otherwise requires:27
213
-125- (35) (b) "Tiny home" does not include:1
(IV) A semitrailer as defined in section 42-1-102 (89); or2
(V) An intermodal shipping container; OR3
(VI) A STRUCTURE BUILT BY A CAREER AND TECHNICAL LEARNING4
PROGRAM OR WORKFORCE DEVELOPMENT PROGRAM FOR DONATION TO A5
NOT-FOR-PROFIT ORGANIZATION AND NOT INTENDED FOR RESALE. SUCH6
STRUCTURES ARE SUBJECT TO LOCAL BUILDING CODES BUT ARE NOT7
SUBJECT TO THE PROVISIONS OF ARTICLE 33 OF TITLE 29.8
SECTION 5. In Colorado Revised Statutes, 24-32-3303, amend9
(1)(c) as follows:10
24-32-3303. Division of housing - powers and duties - rules.11
(1) The division has the following powers and duties pursuant to this part12
33:13
(c) To review and approve quality assurance representatives that14
intend to perform
FINAL CONSTRUCTION PLAN REVIEWS , inspections, and
15
issue insignia of approval pursuant to this part 33;16
SECTION 6. In Colorado Revised Statutes, 24-34-104, add17
(28)(a)(XI) as follows:18
24-34-104. General assembly review of regulatory agencies19
and functions for repeal, continuation, or reestablishment - legislative20
declaration - repeal. (28) (a) The following agencies, functions, or21
both, are scheduled for repeal on September 1, 2027:22
(XI) T
HE LEGISLATIVE OVERSIGHT COMMITTEE CONCERNING
23
AFFORDABLE HOUSING AND HOMELESSNESS CREATED IN SECTION24
29-33-116
AND THE TASK FORCE CONCERNING AFFORDABLE HOUSING AND
25
HOMELESSNESS CREATED IN SECTION 29-33-117.26
SECTION 7. In Colorado Revised Statutes, 24-48.5-101, add (8)27
213
-126- as follows:1
24-48.5-101. Colorado office of economic development -2
creation - duties - report - consideration of strategic growth3
objectives required. (8) (a) THE OFFICE OF ECONOMIC DEVELOPMENT4
SHALL IDENTIFY POTENTIAL GRANT AND INCENTIVE RESOURCES THAT MAY5
SUPPORT STRATEGIC GROWTH OBJECTIVES AND STRATEGIC GROWTH6
AREAS; 7
(b) THE OFFICE OF ECONOMIC DEVELOPMENT SHALL COORDINATE8
WITH THE ECONOMIC DEVELOPMENT COMMISSION, CREATED IN SECTION9
24-46-102, AND THE STRATEGIC GROWTH COMMITTEE, CREATED IN10
SECTION 29-33-103, TO CONSIDER THE ESTABLISHMENT OF STRATEGIC11
GROWTH OBJECTIVES THAT SEEK TO ALIGN STATEWIDE HOUSING,12
TRANSPORTATION, AND ECONOMIC DEVELOPMENT GOALS ; AND13
(c) SUBSEQUENTLY, THE OFFICE OF ECONOMIC DEVELOPMENT14
SHALL SUBMIT A REPORT TO THE COMMITTEE OF REFERENCE FOR REVIEW15
ON OR BEFORE DECEMBER 31, 2023. AT A MINIMUM, THE REPORT MUST16
INCLUDE:17
(I) IDENTIFICATION OF GRANT AND INCENTIVE RESOURCES THAT18
MAY SUPPORT STRATEGIC GROWTH OBJECTIVES AND STRATEGIC GROWTH19
AREAS;20
(II) RECOMMENDATIONS DEVELOPED IN COORDINATION THE21
STRATEGIC GROWTH COMMITTEE AND THE ECONOMIC DEVELOPMENT22
COMMISSION THAT MAY ALIGN INCENTIVES AND RESOURCES WITH23
STRATEGIC GROWTH OBJECTIVES AND STRATEGIC GROWTH AREAS ; AND 24
(III) ADDITIONAL OPPORTUNITIES TO SUPPORT STRATEGIC GROWTH25
OBJECTIVES AND STRATEGIC GROWTH AREAS ACROSS THE STATE .26
SECTION 8. In Colorado Revised Statutes, 24-67-105, add (5.5)27
213
-127- as follows:1
24-67-105. Standards and conditions for planned unit2
development - definitions. (5.5) (a) AS USED IN THIS SUBSECTION (5.5),3
UNLESS THE CONTEXT OTHERWISE REQUIRES :4
(1) "ACCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET5
FORTH IN SECTION 29-33-102 (2).6
(2) "KEY CORRIDORS" HAS THE SAME MEANING AS SET FORTH IN7
SECTION 29-33-303 (1) (b).8
(3) "TRANSIT-ORIENTED AREA" HAS THE SAME MEANING AS SET9
FORTH IN SECTION 29-33-102 (41).10
(b) A PLANNED UNIT DEVELOPMENT RESOLUTION OR ORDINANCE11
ADOPTED PURSUANT TO THIS ARTICLE 67, IF THE PLANNED UNIT12
DEVELOPMENT HAS A RESIDENTIAL USE, MUST NOT RESTRICT THE13
PERMITTING OF ACCESSORY DWELLING UNITS , HOUSING IN14
TRANSIT-ORIENTED AREAS, OR HOUSING IN KEY CORRIDORS IN THE15
JURISDICTIONS AND AREAS TO WHICH ARTICLE 33 OF TITLE 29 APPLIES IN16
ANY WAY THAT IS PROHIBITED BY ARTICLE 33 OF TITLE 29.17
(c) ANY PROVISION OF A PLANNED UNIT DEVELOPMENT APPROVED18
PRIOR TO THE ADOPTION OF SUBSECTION (5.5)(a) OF THIS SECTION, AND19
WHICH FAILS TO CONFORM TO THE REQUIREMENTS OF THAT SUBSECTION20
(5.5)(a), SHALL BE DEEMED SUPERSEDED BY THE ADOPTION OF A LOCAL21
LAW OR IMPLEMENTATION OF A MODEL CODE PURSUANT TO ARTICLE 33 OF22
TITLE 29. NOTWITHSTANDING THIS SUBSECTION (5.5)(b), A LOCAL23
GOVERNMENT MAY ADOPT CONFORMING AMENDMENTS TO ANY SUCH24
PLANNED UNIT DEVELOPMENT .25
SECTION 9. In Colorado Revised Statutes, add 29-20-110 as26
follows:27
213
-128- 29-20-110. Local government residential occupancy limits -1
definitions. (1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT2
OCCUPANCY LIMITS AND THE INCREASED AVAILABILITY OF HOUSING IS A3
MATTER OF MIXED STATEWIDE AND LOCAL CONCERN .4
(2) BEGINNING JANUARY 1, 2024, NOTWITHSTANDING ANY OTHER5
PROVISION TO THE CONTRARY, A LOCAL GOVERNMENT SHALL NOT ENACT6
OR ENFORCE RESIDENTIAL OCCUPANCY LIMITS THAT DIFFER BASED ON THE7
RELATIONSHIPS OF THE OCCUPANTS OF A DWELLING . HOWEVER, IF A8
MUNICIPALITY HAS AN INSTITUTION OF HIGHER EDUCATION WITHIN ITS9
BOUNDARIES, AND THE NUMBER OF PEOPLE ENROLLED IN THAT10
INSTITUTION OF HIGHER EDUCATION DURING THE ACADEMIC YEAR IS11
EQUAL TO OR GREATER THAN TWENTY-FIVE PERCENT OF THE12
MUNICIPALITY'S RESIDENTIAL POPULATION, THAT MUNICIPALITY MAY13
ENACT OR ENFORCE RESIDENTIAL OCCUPANCY LIMITS ON MORE THAN FIVE14
UNRELATED PEOPLE LIVING IN ONE DWELLING .15
(3) NOTHING IN THIS SECTION PREVENTS A LOCAL GOVERNMENT16
FROM ESTABLISHING RESIDENTIAL OCCUPANCY LIMITS FOR DWELLING17
UNITS FOR SHORT-TERM RENTALS, AS DEFINED IN SECTION 29-33-102 (35).18
(4) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE19
REQUIRES:20
(a) "D
WELLING" MEANS ANY IMPROVED REAL PROPERTY , OR
21
PORTION THEREOF, THAT IS USED OR INTENDED TO BE USED AS A22
RESIDENCE.23
(b) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY
24
CITY, TOWN, TERRITORIAL CITY OR TOWN, CITY AND COUNTY, OR COUNTY25
OR HOME RULE COUNTY.26
SECTION 10. In Colorado Revised Statutes, 30-28-106, repeal27
213
-129- and reenact, with amendments, (3)(a); and add (3)(a.5), (8), (9), 1
(10), and (11) as follows:2
30-28-106. Adoption of master plan - contents. (3) (a) T
HE
3
MASTER PLAN OF A COUNTY OR REGION , WITH THE ACCOMPANYING MAPS ,4
PLATS, CHARTS, AND DESCRIPTIVE AND EXPLANATORY MATTER , MUST5
SHOW THE COUNTY OR REGI ONAL PLANNING COMMISSION 'S6
RECOMMENDATIONS FOR THE DEVELOPMENT OF THE TERRITORY COVERED7
BY THE PLAN. THE MASTER PLAN OF A COUNTY OR REGION IS AN ADVISORY8
DOCUMENT TO GUIDE LAND DEVELOPMENT DECISIONS ; HOWEVER, THE9
PLAN OR ANY PART THEREOF MAY BE MADE BINDING BY INCLUSION IN THE10
COUNTY'S OR REGION'S ADOPTED SUBDIVISION , ZONING, PLATTING,11
PLANNED UNIT DEVELOPMENT , OR OTHER SIMILAR LAND DEVELOPMENT12
REGULATIONS AFTER SATISFYING NOTICE , DUE PROCESS, AND HEARING13
REQUIREMENTS FOR LEGISLATIVE OR QUASI -JUDICIAL PROCESSES AS14
APPROPRIATE. A MASTER PLAN ADOPTED OR AMENDED ON OR AFTER JUNE15
30,
2025, MUST INCLUDE:16
(I) N
ATURAL AND AGRICULTURAL L AND PRIORITIES IN
17
ACCORDANCE WITH THE NATURAL AND AGRICULTURAL LAND PRIORITIES18
REPORT CREATED IN SECTION 29-33-110;19
(II) A
HOUSING ELEMENT;
20
(III) F
OR COUNTIES WITH A POPULATION OF GREATER THAN TWO
21
HUNDRED FIFTY THOUSAND , A STRATEGIC GROWTH ELEMENT THAT MUST22
INCLUDE;23
(A) T
HE INFORMATION RELEVANT TO THE COUNTY CONTAINED IN
24
THE REGIONAL STRATEGIC GROWTH AND HOUSING MIX ANALYSIS25
CONDUCTED PURSUANT TO SECTION 29-33-105 (8)(a) AND AN ANALYSIS26
OF HOW THE COUNTY IS INCLUDING THIS INFORMATION IN THE MASTER27
213
-130- PLAN;1
(B) T
HE IDENTIFICATION OF ADDITIONAL LOCAL STRATEGIC
2
GROWTH AREAS;3
(C) T
HE IDENTIFICATION OF TRANSPORTATION , UTILITY, AND
4
OTHER INFRASTRUCTURE GAPS AND INFRASTRUCTURE PROJECTS. THAT5
WOULD ENABLE STRATEGIC GROWTH AREAS TO BE DEVELOPED OR6
REDEVELOPED; AND7
(D) T
HE IDENTIFICATION OF ZONING REFINEMENTS AND DENSITIES
8
NECESSARY TO ACCOMMODATE THE HOUSING NEEDS INCLUDED IN9
HOUSING NEEDS ASSESSMENTS , AND TO MEET STRATEGIC GROWTH10
OBJECTIVES FOR STRATEGIC GROWTH AREAS .11
(IV) (A) T
HE GENERAL LOCATION AND EXTENT OF AN ADEQUATE
12
AND SUITABLE SUPPLY OF WATER ;13
(B) I
N COMPLETING A WATER SUPPLY ELEMENT , THE PLANNING
14
COMMISSION SHALL CONSULT WITH THE ENTITIES THAT SUPPLY WATER FOR15
USE WITHIN THE COUNTY OR REGION TO ENSURE COORDINATION ON WATER16
SUPPLY AND FACILITY PLANNING, AND THE WATER SUPPLY ELEMENT MUST17
IDENTIFY WATER SUPPLIES AND FACILITIES SUFFICIENT TO MEET THE NEEDS18
OF THE PUBLIC AND PRIVATE INFRASTRUCTURE REAS ONABLY ANTICIPATED19
OR IDENTIFIED IN THE PLANNING PROCESS;20
(C) T
HE WATER SUPPLY ELEMENT MUST INCLUDE WATER
21
CONSERVATION POLICIES, TO BE DETERMINED BY THE COUNTY , WHICH22
MAY INCLUDE GOALS AND ACTIONS SPECIFIED IN THE STATE WATER PLAN23
ADOPTED PURSUANT TO SECTION 37-60-106.3 AND MAY INCLUDE POLICIES24
TO IMPLEMENT WATER CONSERVATION AND OTHER STATE WATER PLAN25
GOALS AS A CONDITION OF DEVELOPMENT APPROVALS , INCLUDING26
SUBDIVISIONS, PLANNED UNIT DEVELOPMENTS, SPECIAL USE PERMITS, AND27
213
-131- ZONING CHANGES.1
(D) T
HE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
2
24-1-125
MAY HIRE AND EMPLOY ONE FULL-TIME EMPLOYEE TO PROVIDE
3
EDUCATIONAL RESOURCES AND ASSISTANCE TO COUNTIES THAT INCLUDE4
WATER CONSERVATION POLICIES IN THEIR MASTER PLANS AS DESCRIBED5
IN SUBSECTION (3)(a)(IV)(C) OF THIS SECTION.6
(a.5) A
FTER CONSIDERATION OF EACH OF THE FOLLOWING , WHERE
7
APPLICABLE OR APPROPRIATE, THE MASTER PLAN MAY INCLUDE :8
(I) T
HE GENERAL LOCATION , CHARACTER, AND EXTENT OF
9
EXISTING, PROPOSED, OR PROJECTED STREETS OR ROADS, RIGHTS-OF-WAY,10
VIADUCTS, BRIDGES, WATERWAYS , WATERFRONTS , PARKWAYS,11
HIGHWAYS, MASS TRANSIT ROUTES AND CORRIDORS , AND ANY12
TRANSPORTATION PLAN PREPARED BY ANY METROPOLITAN PLANNING13
ORGANIZATION THAT COVERS ALL OR A PORTION OF THE COUNTY OR14
REGION AND THAT THE COUNTY OR REGION HAS RECEIVED NOTIFICATION15
OF OR, IF THE COUNTY OR REGION IS NOT LOCATED IN AN AREA COVERED16
BY A METROPOLITAN PLANNING ORGANIZATION , ANY TRANSPORTATION17
PLAN PREPARED BY THE DEPARTMENT OF TRANSPORTATION THAT THE18
COUNTY OR REGION HAS RECEIVED NOTIFICATION OF AND THAT APPLIES TO19
THE COUNTY OR REGION;20
(II) T
HE GENERAL LOCATION OF PUBLIC PLACES OR FACILITIES ,
21
INCLUDING PUBLIC SCHOOLS , CULTURALLY, HISTORICALLY, OR22
ARCHAEOLOGICALLY SIGNIFICANT BUILDINGS , SITES, AND OBJECTS,23
PLAYGROUNDS, FORESTS, RESERVATIONS, SQUARES, PARKS, AIRPORTS,24
AVIATION FIELDS, MILITARY INSTALLATIONS, AND OTHER PUBLIC WAYS,25
GROUNDS, OPEN SPACES, TRAILS, AND DESIGNATED FEDERAL, STATE, AND26
LOCAL WILDLIFE AREAS. FOR PURPOSES OF THIS SECTION , "MILITARY27
213
-132- INSTALLATION" HAS THE SAME MEANING AS SPECIFIED IN SECTION1
29-20-105.6
(2)(b).
2
(III) T
HE GENERAL LOCATION AND EXTENT OF PUBLIC UTILITIES ,
3
TERMINALS, CAPITAL FACILITIES, AND TRANSFER FACILITIES, WHETHER4
PUBLICLY OR PRIVATELY OWNED, FOR WATER, LIGHT, POWER, SANITATION,5
TRANSPORTATION, COMMUNICATION, HEAT, AND OTHER PURPOSES, AND6
ANY PROPOSED OR PROJECTED NEEDS FOR CAPITAL FACILITIES AND7
UTILITIES, INCLUDING THE PRIORITIES, ANTICIPATED COSTS, AND FUNDING8
PROPOSALS FOR SUCH FACILITIES AND UTILITIES;9
(IV) T
HE ACCEPTANCE, WIDENING, REMOVAL, EXTENSION,
10
RELOCATION, NARROWING, VACATION, ABANDONMENT, MODIFICATION, OR11
CHANGE OF USE OF ANY OF THE PUBLIC WAYS, RIGHTS-OF-WAY, INCLUDING12
THE COORDINATION OF SUCH RIGHTS -OF-WAY WITH THE RIGHTS-OF-WAY13
OF OTHER COUNTIES, REGIONS, OR MUNICIPALITIES, GROUNDS, OPEN14
SPACES, BUILDINGS, PROPERTIES, UTILITIES, OR TERMINALS, REFERRED TO15
IN SUBSECTIONS (1)(a.5)(I) THROUGH (1)(a.5)(IV) OF THIS SECTION;16
(V) M
ETHODS FOR ASSURING ACCESS TO APPROPRIATE C ONDITIONS
17
FOR SOLAR, WIND, OR OTHER ALTERNATIVE ENERGY SOURCES , INCLUDING18
GEOTHERMAL ENERGY USED FOR WATER HEATING OR SPACE HEATING OR19
COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE20
BUILDING THROUGH A PIPELINE NETWORK , OR FOR ELECTRICITY21
GENERATION;22
(VI) T
HE GENERAL CHARACTER , LOCATION, AND EXTENT OF
23
COMMUNITY CENTERS, TOWNSITES, HOUSING DEVELOPMENTS, WHETHER24
PUBLIC OR PRIVATE, THE EXISTING, PROPOSED, OR PROJECTED LOCATION25
OF RESIDENTIAL NEIGHBORHOODS AND SUFFICIENT LAND FOR FUTURE26
HOUSING DEVELOPMENT FOR THE EXISTING AND PROJECTED ECONOMIC27
213
-133- AND OTHER NEEDS OF ALL CURRENT AND ANTICIPATED RESIDENTS OF THE1
COUNTY OR REGION, AND URBAN CONSERVATION OR REDEVELOPMENT2
AREAS. IF A COUNTY OR REGION HAS ENTERED INTO A REGIONAL PLANNING3
AGREEMENT, SUCH AGREEMENT MAY BE INCORPORATED BY REFERENCE4
INTO THE MASTER PLAN.5
(VII) T
HE GENERAL SOURCE AND EXTENT OF FORESTS ,
6
AGRICULTURAL AREAS, FLOOD CONTROL AREAS, AND OPEN DEVELOPMENT7
AREAS FOR PURPOSES OF CONSERVATION , FOOD AND WATER SUPPLY ,8
SANITARY AND DRAINAGE FACILITIES , FLOOD CONTROL , OR THE9
PROTECTION OF URBAN DEVELOPMENT ;10
(VIII) A
LAND CLASSIFICATION AND UTILIZATION PROGRAM ;
11
(IX) P
ROJECTIONS OF POPULATION GROWTH AND HOUSING NEEDS
12
TO ACCOMMODATE THE PROJECTED POPULATION FOR SPECIFIED13
INCREMENTS OF TIME. THE COUNTY OR REGION MAY BASE THESE14
PROJECTIONS UPON DATA FROM THE DEPARTMENT OF LOCAL AFFAIRS AND15
UPON THE COUNTY'S OR REGION'S LOCAL OBJECTIVES.16
(X) T
HE LOCATION OF AREAS CONTAINING STEEP SLOPES ,
17
GEOLOGICAL HAZARDS , ENDANGERED OR THREATENED SPECIES ,18
WETLANDS, FLOODPLAINS, FLOODWAYS, AND FLOOD RISK ZONES, HIGHLY19
ERODIBLE LAND OR UNSTABLE SOILS , AND WILDFIRE HAZARDS . FOR20
PURPOSES OF DETERMINING THE LOCATION OF SUCH AREAS , THE PLANNING21
COMMISSION SHALL CONSIDER THE FOLLOWING SOURCES FOR GUIDANCE :22
(A) T
HE COLORADO GEOLOGICAL SURVEY FOR DEFINING AND
23
MAPPING GEOLOGICAL HAZARDS ;24
(B) T
HE UNITED STATES FISH AND WILDLIFE SERVICE OF THE
25
U
NITED STATES DEPARTMENT OF THE INTERIOR AND THE PARKS AND
26
WILDLIFE COMMISSION CREATED IN SECTION 33-9-101, FOR LOCATING27
213
-134- AREAS INHABITED BY ENDANGERED OR THREATENED SPECIES ;1
(C) T
HE UNITED STATES ARMY CORPS OF ENGINEERS AND THE
2
U
NITED STATES FISH AND WILDLIFE SERVICE NATIONAL WETLANDS
3
INVENTORY FOR DEFINING AND MAPPING WETLANDS ;4
(D) T
HE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
5
DEFINING AND MAPPING FLOODPLAINS , FLOODWAYS, AND FLOOD RISK6
ZONES;7
(E) T
HE NATURAL RESOURCES CONSERVATION SERVICE OF THE
8
U
NITED STATES DEPARTMENT OF AGRICULTURE FOR DEFINING AND
9
MAPPING UNSTABLE SOILS AND HIGHLY ERODIBLE LAND ; AND10
(F) T
HE COLORADO STATE FOREST SERVICE FOR LOCATING
11
WILDFIRE HAZARD AREAS.12
(8) I
N ADOPTING OR AMENDING A MASTER PLAN , THE COMMISSION
13
SHALL IDENTIFY, PROVIDE NOTICE TO, AND CONSULT WITH RELEVANT14
ENTITIES TO ENSURE THAT THE ADOPTION OR AMENDING OF THE MASTER15
PLAN IS AN INCLUSIVE PROCESS.16
17
(9) NOT LESS THAN SIXTY DAYS PRIOR TO ADOPTING OR AMENDING18
THE MASTER PLAN, A COUNTY OR REGIONAL PLANNING COMMISSION SHALL19
SUBMIT THE MASTER PLAN TO THE DIVISION OF LOCAL GOVERNMENT IN20
THE DEPARTMENT OF LOCAL AFFAIRS . THE DIVISION OF LOCAL21
GOVERNMENT SHALL REVIEW THESE MASTER PLANS AND MAY PROVIDE22
COMMENTS TO THE COUNTY OR COMMISSION . THE DIVISION SHALL23
PROVIDE COMMENTS IN WRITING DESCRIBING THE EXTENT TO WHICH THE24
MASTER PLAN MEETS OR DOES NOT MEET THE REQUIREMENTS OF THIS25
SECTION. THE DEPARTMENT OF LOCAL AFFAIRS MAY HIRE AND EMPLOY26
ONE FULL-TIME EMPLOYEE TO PROVIDE EDUCATIONAL RESOURCES AND27
213
-135- ASSISTANCE TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS1
SECTION.2
(10) NO 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 THE6
MASTER PLAN TO ENSURE THE MASTER PLAN COMPLIES WITH THE7
REQUIREMENTS OF THIS SECTION. THE DIVISION OF LOCAL GOVERNMENT8
SHALL PUBLISH AND MAINTAIN A DATABASE OF ADOPTED AND AMENDED9
MASTER PLANS THAT HAVE BEEN SUBMITTED IN ACCORDANCE WITH THIS10
SECTION; AND11
(11) A COUNTY SUBJECT TO THIS SECTION SHALL REVIEW AND, IF12
NEEDED, REVISE ITS MASTER PLAN TO ENSURE THE MASTER PLAN COMPLIES13
WITH THE REQUIREMENTS OF THIS SECTION AT LEAST EVERY TEN YEARS.14
A COUNTY MAY UTILIZE EXISTING PLANNING INFORMATION AND ANALYSIS15
TO SATISFY THE REQUIREMENTS OF THIS SUBSECTION (11) IF THE16
INFORMATION OR ANALYSIS IS NOT MORE THAN FIVE YEARS OLD .17
SECTION 11. In Colorado Revised Statutes, 31-15-713, add18
(1)(d) as follows:19
31-15-713. Power to sell public works - real property. (1) The20
governing body of each municipality has the power:21
(d) N
OTWITHSTANDING SUBSECTIONS (1)(a) AND (1)(b) OF THIS
22
SECTION, TO SELL AND DISPOSE OF, BY ORDINANCE, ANY PUBLIC BUILDING23
OR REAL PROPERTY OWNED BY A MUNICIPALITY THAT IS HELD FOR24
GOVERNMENT PURPOSES OTHER T HAN PARK PURPOSES , IF THE SALE AND25
DISPOSITION OF THE PUBLIC BUILDING OR REAL PROPERTY IS FOR THE26
PURPOSE OF PROVIDING PROPERTY TO BE USED FOR THE DEVELOPMENT OF27
213
-136- AFFORDABLE HOUSING, AS THE TERM IS DEFINED IN SECTION 29-33-102 (3).1
T
HE GOVERNING BODY SHALL DETERMINE THE TERMS AND CONDITIONS OF
2
THE SALE AND DISPOSITION AT A REGULAR OR SPECIAL MEETING AND3
SHALL MAKE THESE TERMS AND CONDITIONS PUBLICLY AVAILABLE .4
SECTION 12. In Colorado Revised Statutes, 31-23-301, amend5
(5)(b)(I)(A) and (5)(b)(I)(B); add (5)(a)(III), (5)(a)(IV), (5)(a)(V), 6
(5)(b)(I.5), and (5)(c) as follows7
31-23-301. Grant of power. (5) (a) As used in this subsection8
(5), unless the context otherwise requires:9
(III) "M
ANUFACTURED HOME " HAS THE SAME MEANING AS SET
10
FORTH IN SECTION 24-32-3302 (20).11
(IV) "M
ODULAR HOME" HAS THE SAME MEANING AS SET FORTH IN
12
SECTION 24-32-3302 (25).13
(b) (I) No municipality may have or enact zoning regulations,14
subdivision regulations, or any other regulation affecting development15
that exclude or have the effect of excluding homes from the municipality16
that are:17
(A) Homes certified by the division of housing created in section18
24-32-704 or a party authorized to act on its behalf;
THE APPROVAL
19
PROCESSES OF MODULAR HOMES SHALL BE BASED ON OBJECTIVE20
STANDARDS, AS DEFINED IN SECTION 29-33-102 (27), AND21
ADMINISTRATIVE REVIEW THAT ARE EQUIVALENT TO THAT REQUIRED FOR22
SITE-BUILT HOMES, UNLESS A MUNICIPALITY REGULATES SITE -BUILT23
HOMES THROUGH A DISCRETIONARY REVIEW PROCESS , AS DEFINED IN24
SECTION 29-33-102 (9), IN WHICH CASE A MUNICIPALITY MAY USE AN25
EQUIVALENT REVIEW PROCESS FOR A MODULAR HOME AND A SITE -BUILT26
HOME;27
213
-137- (B) Homes certified by the United States department of housing1
and urban development through its office of manufactured housing2
programs, a successor agency, or a party authorized to act on its behalf.3
T
HE APPROVAL PROCESSES OF MANUF ACTURED HOMES SHALL BE BASED
4
ON OBJECTIVE STANDARDS AND ADMINISTRATIVE REVIEW THAT ARE5
EQUIVALENT TO THAT REQUIRED FOR SITE -BUILT HOMES, UNLESS A6
MUNICIPALITY REGULATES SITE-BUILT HOMES THROUGH A DISCRETIONARY7
REVIEW PROCESS, AS DEFINED IN SECTION 29-33-102 (9), IN WHICH CASE8
A MUNICIPALITY MAY USE AN EQUIVALENT REVIEW PROCESS FOR A9
MANUFACTURED HOME AND A SITE -BUILT HOME. or10
(b) (I.5) A
MUNICIPALITY SHALL NOT IMPOSE MORE RESTRICTIVE
11
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; AND
21
(F) S
ETBACK STANDARDS.
22
(c) FOR PURPOSES OF SUBSECTION (5)(b) OF THIS SECTION, THE23
GENERAL ASSEMBLY FINDS AND DECLARES THAT CREATING ADDITIONAL24
HOUSING BY ALLOWING MANUFACTURED HOMES AND MODULAR HOMES IS25
A MATTER OF MIXED STATEWIDE AND LOCAL CONCERN .26
SECTION 13. In Colorado Revised Statutes, 31-23-301, add (6)27
213
-138- as follows:1
31-23-301. Grant of power. (6) NEITHER A TIER ONE URBAN2
MUNICIPALITY AS DEFINED IN SECTION 29-33-102 (33) OR A TIER TWO3
URBAN MUNICIPALITY AS DEFINED IN SECTION 29-33-102 (34) SHALL4
IMPOSE MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR RESIDENTIAL5
UNITS IN THE APPROVAL OF RESIDENTIAL DWELLING UNIT CONSTRUCTION6
PERMITS UNLESS DOING SO IS NECESSARY FOR HEALTH AND SAFETY IN THE7
URBAN MUNICIPALITY.8
SECTION 14. In Colorado Revised Statutes, 31-23-206, repeal9
and reenact, with amendments, (1); and add (1.5), (8), (9), (10), and10
(11) as follows:11
31-23-206. Master plan. (1) I
T IS THE DUTY OF THE COMMISSION
12
TO MAKE AND ADOPT A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT13
OF THE MUNICIPALITY, INCLUDING ANY AREAS OUTSIDE ITS BOUNDARIES ,14
SUBJECT TO THE APPROVAL OF THE GOVERNMENTAL BODY HAVING15
JURISDICTION THEREOF, THAT IN THE COMMISSION'S JUDGMENT BEAR16
RELATION TO THE PLANNING OF THE MUNICIPALITY . THE MASTER PLAN OF17
A MUNICIPALITY IS AN ADVISORY DOCUMENT TO GUIDE LAND18
DEVELOPMENT DECISIONS; HOWEVER, THE PLAN OR ANY PART THEREOF19
MAY BE MADE BINDING BY INCLUSION IN THE MUNICIPALITY 'S ADOPTED20
SUBDIVISION, ZONING, PLATTING, PLANNED UNIT DEVELOPMENT, OR OTHER21
SIMILAR LAND DEVELOPMENT REGULATIONS AFTER SATISFYING NOTICE ,22
DUE PROCESS, AND HEARING REQUIREMENTS FOR LEGISLATIVE OR23
QUASI-JUDICIAL PROCESSES AS APPROPRIATE . WHEN A COMMISSION24
DECIDES TO ADOPT A MASTER PLAN , THE COMMISSION SHALL CONDUCT25
PUBLIC HEARINGS, AFTER NOTICE OF SUCH PUBLIC HEARINGS HAS BEEN26
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE27
213
-139- MUNICIPALITY IN A MANNER SUFFICIENT TO NOTIFY THE PUBLIC OF THE1
TIME, PLACE, AND NATURE OF THE PUBLIC HEARING , PRIOR TO FINAL2
ADOPTION OF A MASTER PLAN IN ORDER TO ENCOURAGE PUBLIC3
PARTICIPATION IN AND AWARENESS OF THE DEVELOPMENT OF SUCH PLAN4
AND SHALL ACCEPT AND CONSIDER ORAL AND WRITTEN PUBLIC COMMENTS5
THROUGHOUT THE PROCESS OF DEVELOPING THE PLAN . THE PLAN,6
ADOPTED OR AMENDED ON OR AFTER JUNE 30, 2025, WITH THE7
ACCOMPANYING MAPS , PLATS, CHARTS, AND DESCRIPTIVE MATTER, MUST8
INCLUDE:9
(a) A
HOUSING ELEMENT THAT USES BEST AVAILABLE DATA , SUCH
10
AS THE MOST RECENT LOCAL HOUSING NEEDS PLAN CREATED PURSUANT11
TO SECTION 29-33-104 OR OTHER RECENT HOUSING ANALYSES ;12
(b) N
ATURAL AND AGRICULTURAL LAND PRIORITIES IN
13
ACCORDANCE WITH THE NATURAL AND AGRICULTURAL LAND PRIORITIES14
REPORT CREATED IN SECTION 29-33-110;15
(c) A
STRATEGIC GROWTH ELEMENT THAT MUST INCLUDE :
16
(I) T
HE INFORMATION RELEVANT TO THE MUNICIPALITY
17
CONTAINED IN THE REGIONAL STRATEGIC GROWTH AND HOUSING MIX18
ANALYSIS CONDUCTED PURSUANT TO SECTION 29-33-105 (8)(c) AND AN19
ANALYSIS OF HOW THE MUNICIPALITY IS INCLUDING THIS INFORMATION IN20
THE MASTER PLAN;21
(II) T
HE IDENTIFICATION OF ADDITIONAL LOCAL STRATEGIC
22
GROWTH AREAS;23
(III) T
HE IDENTIFICATION OF TRANSPORTATION , UTILITY, AND
24
OTHER INFRASTRUCTURE GAPS AND INFRASTRUCTURE PROJECTS THAT25
WOULD ENABLE STRATEGIC GROWTH AREAS TO BE DEVELOPED OR26
REDEVELOPED; AND27
213
-140- (IV) THE IDENTIFICATION OF ZONING REFINEMENTS AND DENSITIES1
NECESSARY TO ACCOMMODATE THE HOUSING NEEDS INCLUDED IN2
HOUSING NEEDS ASSESSMENTS , AND TO MEET STRATEGIC GROWTH3
OBJECTIVES FOR STRATEGIC GROWTH AREAS .4
(d) (I) T
HE GENERAL LOCATION AND EXTENT OF AN ADE QUATE
5
AND SUITABLE SUPPLY OF WATER ;6
(II) I
N COMPLETING THE WATER SUPPLY ELEMENT , THE PLANNING
7
COMMISSION SHALL CONSULT WITH THE ENTITIES THAT SUPPLY WATER FOR8
USE WITHIN THE MUNICIPALITY TO ENSURE COORDINATION ON WATER9
SUPPLY AND FACILITY PLANNING, AND THE WATER SUPPLY ELEMENT MUST10
IDENTIFY WATER SUPPLIES AND FACILITIES SUFFICIENT TO MEET THE NEEDS11
OF THE PUBLIC AND PRIVATE INFRASTRUCTURE REAS ONABLY ANTICIPATED12
OR IDENTIFIED IN THE PLANNING PROCESS;13
(III) T
HE WATER SUPPLY ELEMENT MUST INCLUDE WATER
14
CONSERVATION POLICIES, TO BE DETERMINED BY THE MUNICIPALITY ,15
WHICH MAY INCLUDE GOALS AND ACTIONS SPECIFIED IN THE STATE WATER16
PLAN ADOPTED PURSUANT TO SECTION 37-60-106.3 AND MAY INCLUDE17
POLICIES TO IMPLEMENT WATER CONSERVATION AND OTHER STATE WATER18
PLAN GOALS AS A CONDITION OF DEVELOPMENT APPROVALS , INCLUDING19
SUBDIVISIONS, PLANNED UNIT DEVELOPMENTS, SPECIAL USE PERMITS, AND20
ZONING CHANGES;21
(IV) T
HE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
22
24-1-125
MAY HIRE AND EMPLOY ONE FULL-TIME EMPLOYEE TO PROVIDE
23
EDUCATIONAL RESOURCES AND ASSISTANCE TO MUNICIPALITIES THAT24
INCLUDE WATER CONSERVATION POLICIES IN THEIR MASTER PLANS AS25
DESCRIBED IN SUBSECTION (1)(d)(III) OF THIS SECTION;26
(V) N
OTHING IN THIS SUBSECTION (1)(d) SHALL BE CONSTRUED TO
27
213
-141- SUPERSEDE, ABROGATE, OR OTHERWISE IMPAIR THE ALLOCATION OF1
WATER PURSUANT TO THE STATE CONSTITUTION OR LAWS , THE RIGHT TO2
BENEFICIALLY USE WATER PURSUANT TO DECREES , CONTRACTS, OR OTHER3
WATER USE AGREEMENTS , OR THE OPERATION, MAINTENANCE, REPAIR,4
REPLACEMENT, OR USE OF ANY WATER FACILITY.5
(e) T
HE MOST RECENT VERSION OF THE PLAN REQUIRED BY
6
SECTION 31-12-105 (1)(e) OR A SIMILAR ELEMENT ANALYZING AND7
MAKING A PLAN FOR AREAS OF POTENTIAL GROWTH WITHIN THREE MILES8
OF THE MUNICIPAL BOUNDARY .9
(1.5) A
FTER CONSULTATION ON EACH OF THE FOLLOWING , WHERE
10
APPLICABLE OR APPROPRIATE, THE MASTER PLAN MAY INCLUDE :11
(a) T
HE GENERAL SOURCE, CHARACTER, AND EXTENT OF EXISTING,
12
PROPOSED, OR PROJECTED STREETS, ROADS, RIGHTS-OF-WAY, BRIDGES,13
WATERWAYS, WATERFRONTS, PARKWAYS, HIGHWAYS, MASS TRANSIT14
ROUTES AND CORRIDORS, AND ANY TRANSPORTATION PLAN PREPARED BY15
ANY METROPOLITAN PLANNING ORGANIZATION THAT COVERS ALL OR A16
PORTION OF THE MUNICIPALITY AND THAT THE MUNICIPALITY HAS17
RECEIVED NOTIFICATION OF OR, IF THE MUNICIPALITY IS NOT LOCATED IN18
AN AREA COVERED BY A METROPOLITAN PLANNING ORGANIZATION , ANY19
TRANSPORTATION PLAN PREPARED BY THE DEPARTMENT OF20
TRANSPORTATION THAT THE MUNICIPALITY HAS RECEIVED NOTIFICATION21
OF AND THAT COVERS ALL OR A PORTION OF THE MUNICIPALITY ;22
(b) T
HE GENERAL LOCATION OF PUBLIC PLACES OR FACILITIES ,
23
INCLUDING PUBLIC SCHOOLS , CULTURALLY, HISTORICALLY, OR24
ARCHAEOLOGICALLY SIGNIFICANT BUILDINGS , SITES, AND OBJECTS,25
PLAYGROUNDS, SQUARES, PARKS, AIRPORTS, AVIATION FIELDS, MILITARY26
INSTALLATIONS, AND OTHER PUBLIC WAYS , GROUNDS, OPEN SPACES,27
213
-142- TRAILS, AND DESIGNATED FEDERAL, STATE, AND LOCAL WILDLIFE AREAS.1
F
OR PURPOSES OF THIS SECTION, "MILITARY INSTALLATION" HAS THE SAME
2
MEANING AS SPECIFIED IN SECTION 29-20-105.6 (2)(b).3
(c) T
HE GENERAL LOCATION AND EXTENT OF PUBLIC UTILITIES
4
TERMINALS, CAPITAL FACILITIES, AND TRANSFER FACILITIES, WHETHER5
PUBLICLY OR PRIVATELY OWNED OR OPERATED , FOR WATER, LIGHT,6
SANITATION, TRANSPORTATION, COMMUNICATION, POWER, AND OTHER7
PURPOSES, AND ANY PROPOSED OR PROJECTED NEEDS FOR CAPITAL8
FACILITIES AND UTILITIES, INCLUDING THE PRIORITIES, ANTICIPATED9
COSTS, AND FUNDING PROPOSALS FOR SUCH FACILITIES AND UTILITIES ;10
(d) T
HE ACCEPTANCE, REMOVAL, RELOCATION, WIDENING,
11
NARROWING, VACATING, ABANDONMENT, MODIFICATION, CHANGE OF USE,12
OR EXTENSION OF ANY OF THE PUBLIC WAYS, RIGHTS-OF-WAY, INCLUDING13
THE COORDINATION OF SUCH RIGHTS -OF-WAY WITH THE RIGHTS-OF-WAY14
OF OTHER MUNICIPALITIES, COUNTIES, OR REGIONS, GROUNDS, OPEN15
SPACES, BUILDINGS, PROPERTY, UTILITY, OR TERMINALS, REFERRED TO IN16
SUBSECTIONS (1.5) (a) THROUGH (a) OF THIS SECTION AND SUBSECTION17
(1)(d)
OF THIS SECTION;
18
(e) A
ZONING PLAN FOR THE CONTROL OF THE HEIGHT, AREA, BULK,
19
LOCATION, AND USE OF BUILDINGS AND PREMISES. SUCH A ZONING PLAN20
MAY PROTECT AND ASSURE ACCESS TO APPROPRIATE CONDITIONS FOR21
SOLAR, WIND, OR OTHER ALTERNATIVE ENERGY SOURCES , INCLUDING22
GEOTHERMAL ENERGY USED FOR WATER HEATING OR SPACE HEATING OR23
COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE24
BUILDING THROUGH A PIPELINE NETWORK , OR FOR ELECTRICITY25
GENERATION; HOWEVER, REGULATIONS AND RESTRICTIONS OF THE HEIGHT,26
NUMBER OF STORIES, SIZE OF BUILDINGS AND OTHER STRUCTURES , AND27
213
-143- THE HEIGHT AND LOCATION OF TREES AND OTHER VEGETATION SHALL NOT1
APPLY TO EXISTING BUILDINGS, STRUCTURES, TREES, OR VEGETATION2
EXCEPT FOR NEW GROWTH ON SUCH VEGETATION .3
(f) T
HE GENERAL CHARACTER , LOCATION, AND EXTENT OF
4
COMMUNITY CENTERS , HOUSING DEVELOPMENTS , WHETHER PUBLIC OR5
PRIVATE, THE EXISTING, PROPOSED, OR PROJECTED LOCATION OF6
RESIDENTIAL NEIGHBORHOODS AND SUFFICIENT LAND FOR FUTURE7
HOUSING DEVELOPMENT FOR THE EXISTING AND PROJECTED ECONOMIC8
AND OTHER NEEDS OF ALL CURRENT AND ANTICIPATED RESIDENTS OF THE9
MUNICIPALITY, AND REDEVELOPMENT AREAS . IF A MUNICIPALITY HAS10
ENTERED INTO A REGIONAL PLANNING AGREEMENT , SUCH AGREEMENT11
MAY BE INCORPORATED BY REFERENCE INTO THE MASTER PLAN .12
(g) A
MASTER PLAN FOR THE EXTRACTION OF COMMERCIAL
13
MINERAL DEPOSITS PURSUANT TO SECTION 34-1-304;14
(h) A
PLAN FOR THE LOCATION AND PLACEMENT OF PUBLIC
15
UTILITIES THAT FACILITATES THE PROVISION OF SUCH UTILITIES TO ALL16
EXISTING, PROPOSED, OR PROJECTED DEVELOPMENTS IN THE17
MUNICIPALITY;18
(i) P
ROJECTIONS OF POPULATION GROWTH AND HOUSING NEEDS TO
19
ACCOMMODATE THE PROJECTED POPULATION FOR SPECIFIED INCREMENTS20
OF TIME. THE MUNICIPALITY MAY BASE THESE PROJECTIONS UPON DATA21
FROM THE DEPARTMENT OF LOCAL AFFAIRS AND UPON THE MUNICIPALITY 'S22
LOCAL OBJECTIVES.23
(j) T
HE AREAS CONTAINING STEEP SLOPES, GEOLOGICAL HAZARDS,
24
ENDANGERED OR THREATENED SPECIES , WETLANDS, FLOODPLAINS,25
FLOODWAYS, AND FLOOD RISK ZONES , HIGHLY ERODIBLE LAND OR26
UNSTABLE SOILS, AND WILDFIRE HAZARDS . FOR PURPOSES OF27
213
-144- DETERMINING THE LOCATION OF SUCH AREAS , THE PLANNING COMMISSION1
SHALL CONSIDER THE FOLLOWING SOURCES FOR GUIDANCE :2
(I) T
HE COLORADO GEOLOGICAL SURVEY FOR DEFINING AND
3
MAPPING GEOLOGICAL HAZARDS ;4
(II) T
HE UNITED STATES FISH AND WILDLIFE SERVICE OF THE
5
U
NITED STATES DEPARTMENT OF THE INTERIOR AND THE PARKS AND
6
WILDLIFE COMMISSION CREATED IN SECTION 33-9-101, FOR LOCATING7
AREAS INHABITED BY ENDANGERED OR THREATENED SPECIES ;8
(III) T
HE UNITED STATES ARMY CORPS OF ENGINEERS AND THE
9
U
NITED STATES FISH AND WILDLIFE SERVICE NATIONAL WETLANDS
10
INVENTORY FOR DEFINING AND MAPPING WETLANDS ;11
(IV) T
HE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
12
DEFINING AND MAPPING FLOODPLAINS , FLOODWAYS, AND FLOOD RISK13
ZONES;14
(V) T
HE NATURAL RESOURCES CONSERVATION SERVICE OF THE
15
U
NITED STATES DEPARTMENT OF AGRICULTURE FOR DEFINING AND
16
MAPPING UNSTABLE SOILS AND HIGHLY ERODIBLE LAND ; AND17
(VI) T
HE COLORADO STATE FOREST SERVICE FOR LOCATING
18
WILDFIRE HAZARD AREAS.19
(8) I
N ADOPTING OR AMENDING A MASTER PLAN , THE COMMISSION
20
SHALL IDENTIFY, PROVIDE NOTICE TO, AND CONSULT WITH RELEVANT21
ENTITIES TO ENSURE THAT THE ADOPTING OR AMENDING OF THE MASTER22
PLAN IS AN INCLUSIVE PROCESS.23
(9) NOT LESS THAN SIXTY DAYS PRIOR TO ADOPTING OR24
AMENDING THE MASTER PLAN , THE COMMISSION SHALL SUBMIT THE25
MASTER PLAN TO THE DIVISION OF LOCAL GOVERNMENT IN THE26
DEPARTMENT OF LOCAL AFFAIRS . THE DIVISION OF LOCAL GOVERNMENT27
213
-145- SHALL REVIEW THESE MASTER PLANS TO ENSURE THEY COMPLY WITH THE1
REQUIREMENTS OF THIS SECTION . THE DIVISION SHALL PROVIDE2
COMMENTS IN WRITING DESCRIBING THE EXTENT TO WHICH THE MASTER3
PLAN MEETS OR DOES NOT MEET THE REQUIREMENTS OF THIS SECTION . THE4
DEPARTMENT OF LOCAL AFFAIRS MAY HIRE AND EMPLOY ONE FULL -TIME5
EMPLOYEE TO PROVIDE EDUCATIONAL RESOURCES AND ASSISTANCE TO6
ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION .7
(10) NO MORE THAN THIRTY DAYS AFTER ADOPTING OR AMENDING8
THE MASTER PLAN, THE COMMISSION SHALL SUBMIT THE MASTER PLAN TO9
THE DIVISION OF LOCAL GOVERNMENT IN THE DEPARTMENT OF LOCAL10
AFFAIRS. THE DIVISION OF LOCAL GOVERNMENT SHALL REVIEW THE11
MASTER PLAN TO ENSURE IT COMPLIES WITH THE REQUIREMENTS OF THIS12
SECTION. THE DIVISION OF LOCAL GOVERNMENT SHALL PUBLISH AND13
MAINTAIN A DATABASE OF ADOPTED AND AMENDED MASTER PLANS THAT14
HAVE BEEN SUBMITTED IN ACCO RDANCE WITH THIS SECTION.15
(11) A
N URBAN MUNICIPALITY, AS DEFINED IN SECTION 29-33-102
16
(40),
SUBJECT TO THIS SECTION SHALL REVIEW AND, IF NEEDED, REVISE ITS
17
MASTER PLAN TO ENSURE THE PLAN COMPLIES WITH THE REQUIREMENTS18
OF THIS SECTION AT LEAST EVERY TEN YEARS . AN URBAN MUNICIPALITY19
MAY UTILIZE EXISTING PLANNING INFORMATION AND ANALYSIS TO SATISFY20
THE REQUIREMENTS OF THIS SUBSECTION (11), SO LONG AS THE21
INFORMATION OR ANALYSIS IS NOT MORE THAN FIVE YEARS OLD .22
SECTION 15. In Colorado Revised Statutes, 38-33.3-106.5, add23
(3) and (4) as follows:24
38-33.3-106.5. Prohibition contrary to public policy - patriotic,25
political, or religious express - public rights-of-way - fire prevention26
- renewable energy generation devices - affordable housing - drought27
213
-146- prevention measure - child care - definitions.1
(3) (a) NOTWITHSTANDING ANY PROVISION IN THE DECLARATION ,2
BYLAWS, OR RULES AND REGULATIONS OF THE ASSOCIATION TO THE3
CONTRARY, AN ASSOCIATION SHALL NOT PROHIBIT ACCESSORY DWELLING4
UNITS, HOUSING IN TRANSIT-ORIENTED AREAS, AND HOUSING IN KEY5
CORRIDORS IN THE JURISDICTIONS AND AREAS TO WHICH ARTICLE 33 OF6
TITLE 29 APPLIES. ANY SUCH PROHIBITION ON THE PERMITTING OF7
ACCESSORY DWELLING UNITS, HOUSING IN TRANSIT-ORIENTED AREAS, AND8
HOUSING IN KEY CORRIDORS IS VOID AS A MATTER OF PUBLIC POLICY IN9
ANY WAY THAT IS PROHIBITED BY ARTICLE 33 OF TITLE 29.10
(b) AS USED IN THIS SUBSECTION (3), UNLESS THE CONTEXT11
OTHERWISE REQUIRES:12
(I) "ACCESSORY DWELLING UNIT" HAS THE SAME MEANING AS SET13
FORTH IN SECTION 29-33-102 (2).14
(II) "KEY CORRIDORS" HAS THE SAME MEANING AS SET FORTH IN15
SECTION 29-33-303 (1) (b).16
(III) "TRANSIT-ORIENTED AREA" HAS THE SAME MEANING AS SET17
FORTH IN SECTION 29-33-102 (41).18
(c) SUBSECTION (3)(a) OF THIS SECTION SHALL NOT APPLY TO19
REASONABLE RESTRICTIONS ON ACCESSORY DWELLING UNITS. AS USED IN20
THIS SUBSECTION (3)(c), "REASONABLE RESTRICTION" MEANS A21
RESTRICTION THAT DOES NOT UNREASONABLY INCREASE THE COST TO22
CONSTRUCT, EFFECTIVELY PROHIBIT THE CONSTRUCTION OF, OR23
EXTINGUISH THE ABILITY TO OTHERWISE CONSTRUCT , AN ACCESSORY24
DWELLING UNIT CONSISTENT WITH THE PROVISIONS OF THIS SECTION .25
(4) (a) NOTWITHSTANDING ANY PROVISION IN THE DECLARATION,26
BYLAWS, OR RULES AND REGULATIONS OF THE ASSOCIATION TO THE27
213
-147- CONTRARY, AN ASSOCIATION SHALL NOT ENACT OR ENFORCE RESIDENTIAL1
OCCUPANCY LIMITS THAT DIFFER BASED ON THE RELATIONSHIPS OF THE2
OCCUPANTS OF A DWELLING.3
(b) NOTHING IN THIS SECTION PREVENTS AN ASSOCIATION FROM4
ESTABLISHING RESIDENTIAL OCCUPANCY LIMITS FOR DWELLING UNITS FOR5
SHORT-TERM RENTALS, AS DEFINED IN SECTION 29-33-102 (35).6
(c) AS USED IN THIS SUBSECTION (4), UNLESS THE CONTEXT7
OTHERWISE REQUIRES, "DWELLING" MEANS ANY IMPROVED REAL8
PROPERTY OR PORTION THEREOF THAT IS USED OR INTENDED TO BE USED9
AS A RESIDENCE.10
SECTION 16. In Colorado Revised Statutes, 43-1-106, amend11
(15)(d) as follows:12
43-1-106. Transportation commission - powers and duties -13
rules - definitions - efficiency and accountability committee. (15) In14
addition to any other duties required by law, the commission shall have15
the following charges:16
(d) To study and make recommendations for existing and future17
transportation systems in Colorado with a focus of such study and18
recommendations being a ten-year plan for each mode of transportation.19
Such THE ten-year plan shall MUST be based on what can be reasonably20
expected to be implemented with the estimated revenues which are likely21
to be available
AND MUST INCLUDE PRIORITIZATION CRITERIA THAT ARE
22
CONSISTENT WITH STATE STRATEGIC GROWTH OBJECTIVES FOR23
REGIONALLY SIGNIFICANT TRANSPORTATION PROJECTS .24
SECTION 17. In Colorado Revised Statutes, 43-1-113, add (20)25
as follows:26
43-1-113. Funds - budgets - fiscal year - reports and27
213
-148- publications. (20) B EFORE DECEMBER 31, 2024, OR BEFORE THE NEXT1
REGIONAL TRANSPORTATION PLANNING CYCLE BEGINS , THE DEPARTMENT2
SHALL ENSURE THAT THE PRIORITIZATION CRITERIA FOR ANY GRANT3
PROGRAM ADMINISTERED BY THE DEPARTMENT ARE CONSISTENT WITH4
STATE STRATEGIC GROWTH OBJECTIVES , AS DETERMINED IN SECTION5
29-33-108,
SO LONG AS DOING SO DOES NOT VIOLATE FEDERAL LAW . THE
6
STATE GROWTH OBJECTIVES MUST BE CLEARLY ARTICULATED IN A7
PROJECT'S REQUIREMENTS OF PROSPECTIVE FUNDING RECIPIENTS .8
SECTION 18. In Colorado Revised Statutes, 43-1-1103, amend9
(5)(i) and (5)(j); and add (2.5) and (5)(k) as follows:10
43-1-1103. Transportation planning. (2.5) B
EGINNING
11
D
ECEMBER 31, 2024, ANY REGIONAL TRANSPORTATION PLAN THAT IS
12
CREATED OR UPDATED MUST ADDRESS AND ENSURE CONSISTENCY WITH13
STATE STRATEGIC GROWTH OBJECTIVES AS DETERMINED IN SECTION14
29-33-108.15
(5) The department shall integrate and consolidate the regional16
transportation plans for the transportation planning regions into a17
comprehensive statewide transportation plan. The formation of the state18
plan shall be accomplished through a statewide planning process set by19
rules and regulations promulgated by the commission. The state plan shall20
address but shall not be limited to the following factors:21
(i) Effective, efficient, and safe freight transport; and22
(j) Reduction of greenhouse gas emissions
IN A MANNER
23
SUFFICIENT TO MEET THE STATE'S GOALS, AND REDUCTION OF NEAR-ROAD24
AIR POLLUTION; AND25
(k) B
EGINNING DECEMBER 31, 2024, ADDRESS AND ENSURE
26
CONSISTENCY WITH STATE STRATEGIC GROWTH OBJECTIVES .27
213
-149- 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) F
EE REVENUES FROM
4
THE MULTIMODAL TRANSPORTATION OPTIONS FUND GENERATED ON OR5
AFTER JANUARY 1, 2025, AND OTHER STATE FUNDS TRANSFERRED TO THE6
MULTIMODAL TRANSPORTATION OPTIONS F UND ON OR AFTER JULY 1, 2024,7
SHALL ONLY BE MADE FOR MULTIMODAL PROJECTS THAT ARE SELECTED8
AFTER JULY 1, 2024, THE DEPARTMENT DETERMINES ARE CONSISTENT9
WITH STATE STRATEGIC GROWTH OBJECTIVES , AS DETERMINED IN SECTION10
29-33-108.
THE STATE GROWTH OBJECTIVES MUST BE CLEARLY
11
ARTICULATED IN A PROJECT'S REQUIREMENTS OF PROSPECTIVE FUNDING12
RECIPIENTS.13
SECTION 20. In Colorado Revised Statutes, 43-2-147, amend14
(4) as follows:15
43-2-147. Access to public highways - definitions. (4) (a) The16
commission shall adopt a state highway access code, by rule and17
regulation, for the implementation of this section, on or after March 16,18
1980. The access code shall address the design and location of driveways19
and other points of access to public highways. The access code shall be20
consistent with the authority granted in this section and shall be based21
upon consideration of existing and projected traffic volumes, the22
functional classification of public highways, adopted local transportation23
plans and needs, drainage requirements, the character of lands adjoining24
the highway, adopted local land use plans and zoning, the type and25
volume of traffic to use the driveway, other operational aspects of the26
driveway, the availability of vehicular access from local streets and roads27
213
-150- rather than a state highway, and reasonable access by city streets and1
county roads. THE ACCESS CODE MUST ENSURE THAT ACCESS CONTROL2
STANDARDS ARE OPTIMIZED TO SUPPORT DENSE HOUSING, WALKABLE AND3
MULTI-MODAL MIXED-USE CENTERS, AND STRATEGIC GROWTH AREAS,4
WHILE CONTINUING TO ENSURE THAT BASIC SAFETY STANDARDS ARE MET.5
(b) ON OR BEFORE JULY 1, 2024, THE COMMISSION SHALL ADOPT6
INTO THE STATE HIGHWAY ACCESS CODE AN INTERCHANGE APPROVAL7
PROCESS THAT CONDITIONS APPROVAL FOR CERTAIN INTERCHANGES ON8
ADOPTION OF TRANSPORTATION DEMAND MANAGEMENT STRATEGIES THAT9
REDUCE THE AVERAGE DAILY TRAFFIC AT THE ON -RAMPS TO THE10
INTERCHANGES BY A MINIMUM OF THREE PERCENT RELATIVE TO THE11
BASELINE AVERAGE DAILY TRAFFIC, OR AN ALTERNATIVE METHODOLOGY12
THAT IDENTIFIES AND CREATES BENEFITS CONSISTENT WITH STRATEGIC13
GROWTH OBJECTIVES. THE TRANSPORTATION DEMAND MANAGEMENT14
STRATEGIES SHALL BE CONSISTENT WITH STRATEGIC GROWTH OBJECTIVES .15
THIS SUBSECTION (4)(b) SHALL APPLY, AT A MINIMUM, TO INTERCHANGES16
THAT ARE:17
(I) NEW INTERCHANGES OR INTERCHANGES MODIFIED WITH18
IMPROVEMENTS THAT EXPAND TRAFFIC CAPACITY ; AND19
(II) WITHIN METROPOLITAN PLANNING OR GANIZATION20
BOUNDARIES.21
SECTION 21. Appropriation. (1) For the 2023-24 state fiscal22
year, $15,000,000 is appropriated to the housing plans assistance fund23
created in section 29-33-112 (3)(a), C.R.S. This appropriation is from the24
general fund. The department of local affairs is responsible for the25
accounting related to this appropriation. 26
(2) For the 2023-24 state fiscal year, $15,000,000 is appropriated27
213
-151- to the department of local affairs. This appropriation is from1
reappropriated funds from the housing plans assistance fund received2
under subsection (1) of this section. To implement this act, the3
department may use this appropriation as follows:4
(a) $65,992 for use by the state demography office for program5
costs, which amount is based on an assumption that the office will require6
an additional 0.6 FTE; 7
(b) $41,136 for use by the division of housing for personal8
services, which amount is based on an assumption that the office will9
require an additional 0.5 FTE;10
(c) $4,010 general fund for use by the division of housing for11
operating expenses; and 12
(d) $14,888,862 for use by the division of local government for13
the local land use assistance program, which amount is based on an14
assumption that the division will require an additional 10.4 FTE. 15
(3) Any money appropriated in subsection (2) of this section not16
expended prior to July 1, 2024 is further appropriated for the 2024-25 and17
2025-26 state fiscal years for the same purpose. 18
(4) For the 2023-24 state fiscal year, $625,109 is appropriated to19
the department of natural resources. This appropriation consists of20
$84,939 from the general fund and $540,170 cash funds from the21
Colorado water conservation board construction fund created in section22
37-60-121 (1)(a), C.R.S. To implement this act, the department may use23
this appropriation as follows:24
(a) $76,919 general fund for use by the executive director's office25
for personal services, which amount is based on an assumption that the26
office will require an additional 1.0 FTE;27
213
-152- (b) $8,020 general fund for use by the executive director's office1
for operating expenses; and2
(c) $540,170 from the Colorado water conservation board3
construction fund for use by the Colorado water conservation board for4
personal services.5
(5) For the 2023-24 state fiscal year, $29,455 is appropriated to6
the office of the governor for use by the Colorado energy office. This7
appropriation is from the general fund and is based on an assumption that8
the office will require an additional 0.3 FTE. To implement this act, the9
office may use this appropriation for program administration.10
(6) For the 2023-24 state fiscal year, $100,000 is appropriated to11
the office of the governor. This appropriation is from the general fund. To12
implement this act, the office may use this appropriation for the office of13
climate preparedness. 14
(7) For the 2023-24 state fiscal year, $53,896 is appropriated to15
legislative department. This appropriation is from the general fund. To16
implement this act, the department may use this appropriation as follows:17
(a) $26,492 for use by the legislative council, which amount is18
based on an assumption that the legislative council will require an19
additional 0.3 FTE; 20
(b) $17,202 for use by the committee on legal services, which21
amount is based on an assumption that the committee will require an22
additional 0.2 FTE; and23
(c) $10,202 for use by the general assembly.24
25
SECTION 22. Safety clause. The general assembly hereby finds,26
213
-153- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
213
-154-