First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0110.01 Sarah Lozano x3858
HOUSE BILL 25-1023
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING LOCAL GOVERNMENT RE VIEW OF CERTAIN FENCING101
PROJECTS.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
.)
The bill requires, on or after July 1, 2025, and before commencing
a project to install or substantially repair a contiguous fence of a certain
size in the Sangre de Cristo land grant lands (covered fencing project), a
person to submit an application for the covered fencing project to the
local government with jurisdiction over the covered fencing project
(application). No later than 14 days after the local government's receipt
HOUSE SPONSORSHIP
Martinez,
SENATE SPONSORSHIP
Gonzales J. and Simpson, Weissman
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. of an application, the local government must publish notice of the
application on the local government's website. No later than 60 days after
the local government's receipt of an application, the local government
must either approve or reject the application based on certain criteria.
Despite the criteria, a local government may approve an application if it
determines that the benefits of the covered fencing project outweigh the
harms. Also, the governing body of a local government may pass an
ordinance or resolution opting out of these requirements.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 29-20-112 as2
follows:3
29-20-112. Local government review of certain fencing4
projects in the Sangre de Cristo land grant lands - ability to opt out5
- exemptions - definitions - legislative declaration. (1) (a) T
HE6
GENERAL ASSEMBLY FINDS AND DETERMINES THAT :7
(I) T
HE SANGRE DE CRISTO LAND GRANT LANDS ARE A PLACE OF8
RICH HISTORY AND TRADITION AND CONTAIN AN ABUNDANCE OF WILDLIFE9
AND VEGETATION THAT ARE OF GREAT SIGNIFICANCE TO THE ENTIRE10
STATE;11
(II) T
HE SANGRE DE CRISTO LAND GRANT LANDS ARE AT RISK OF12
LANDOWNERS UNDERTAKING IRRATIONAL AND ENVIRONMENTALLY13
DAMAGING FENCING PROJECTS WITHOUT OVERSIGHT OR INTERVENTION BY14
A LOCAL GOVERNMENT ;15
(III) T
HESE FENCING PROJECTS DENY WILDLIFE ACCESS TO WATER ,16
FOOD, AND SHELTER THAT THE WILDLIFE DEPENDS ON TO SURVIVE AND17
ALSO DISTURB ESTABLISHED MIGRATION PATTERNS ;18
(IV) T
HESE FENCING PROJECTS ALSO ADVERSELY IMPACT THE19
VEGETATION THAT HELPS TO PREVENT SOIL EROSION , MAINTAIN WATER20
QUALITY, AND PROVIDE A HABITAT FOR WILDLIFE; AND21
HB25-1023-2- (V) THEREFORE, REVIEW OF CERTAIN FENCING PROJECTS IN THE1
S
ANGRE DE CRISTO LAND GRANT LANDS BY LOCAL GOVERNMENTS :2
(A) I
S NECESSARY TO AVOID NEGATIVE IMPACTS TO WILDLIFE AND3
VEGETATION BEFORE THE FENCING PROJECT COMMENCES ; AND4
(B) A
LLOWS LOCAL GOVERNMENTS THE FLEXIBILITY TO APPROVE5
THE FENCING PROJECT IF THE LOCAL GOVERNMENT DETERMINES THAT THE6
BENEFITS OF THE FENCING PROJECT OUTWEIGH THE HARMS .7
(b) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT THE8
REVIEW OF CERTAIN FENCING PROJECTS IN THE SANGRE DE CRISTO LAND9
GRANT LANDS BY LOCAL GOVERNMENTS IS A MATTER OF STATEWIDE10
CONCERN AND HAS A SIGNIFICANT ENVIRONMENTAL BENEFIT TO THE11
STATE.12
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "C
ONTIGUOUS" MEANS THAT EACH PORTION OF FENCE IS NO15
MORE THAN THREE FEET FROM A DIRECTLY ADJACENT PORTION OF FENCE .16
(b) (I) "C
OVERED FENCING PROJECT" MEANS A PROJECT TO INSTALL17
OR SUBSTANTIALLY REPAIR A CONTIGUOUS FENCE THAT IS PARTIALLY OR18
ENTIRELY IN THE SANGRE DE CRISTO LAND GRANT LANDS AND THAT UPON19
COMPLETION WILL:20
(A) E
NCLOSE A SPACE AND WILL BE NO LOWER THAN FIVE FEET IN21
HEIGHT AT ANY POINT ALONG THE FENCE AND WILL BE ONE MILE IN22
LENGTH OR LONGER; OR23
(B) N
OT ENCLOSE A SPACE AND WILL BE NO LOWER THAN FIVE24
FEET IN HEIGHT AT ANY POINT ALONG THE FENCE AND WILL BE ONE -HALF25
MILE IN LENGTH OR LONGER.26
(II) "C
OVERED FENCING PROJECT" INCLUDES THE ADDITION OF27
HB25-1023
-3- HEIGHT OR LENGTH TO A CONTIGUOUS FENCE THAT CAUSES THE1
CONTIGUOUS FENCE TO MEET THE HEIGHT AND LENGTH SPECIFICATIONS2
DESCRIBED IN SUBSECTION (2)(b)(I) OF THIS SECTION.3
(c) "D
ISTURBANCE" MEANS A DISTURBANCE OF MORE THAN ONE4
ACRE OF TOPSOIL.5
(d) "F
ENCE" INCLUDES GATES.6
(e) "P
RISON" MEANS A:7
(I) C
ORRECTIONAL FACILITY, AS DEFINED IN SECTION 17-1-1028
(1.7);9
(II) L
OCAL JAIL, AS DEFINED IN SECTION 17-1-102 (7); OR10
(III) P
RIVATE CONTRACT PRISON, AS DEFINED IN SECTION 17-1-10211
(7.3).12
(f) "P
UBLIC SCHOOL" HAS THE MEANING SET FORTH IN SECTION13
22-1-144 (1)(d).14
(g) "P
UBLIC UTILITY" HAS THE MEANING SET FORTH IN SECTION15
40-1-103 (1)(a)(I).16
(h) "S
ANGRE DE CRISTO LAND GRANT LANDS" MEANS THE PORTION17
OF LANDS IN COLORADO THAT IS COVERED BY THE SANGRE DE CRISTO18
LAND GRANT, WHICH WAS GRANTED TO SETTLERS BY MEXICO IN 1844 AND19
CONFIRMED BY THE UNITED STATES IN 1848 THROUGH THE TREATY OF20
G
UADALUPE HIDALGO.21
(i) "S
UBSTANTIALLY REPAIR" MEANS A LEVEL OF REPAIR THAT22
REQUIRES AT LEAST ONE-HALF MILE OF FENCE TO BE TAKEN DOWN AND23
REINSTALLED.24
(3) (a) O
N OR AFTER JULY 1, 2025, BEFORE COMMENCING A25
COVERED FENCING PROJECT, A PERSON SHALL SUBMIT AN APPLICATION FOR26
THE COVERED FENCING PROJECT TO THE LOCAL GOVERNMENT WITH27
HB25-1023
-4- JURISDICTION OVER THE COVERED FENCING PROJECT . IF TWO OR MORE1
ADJACENT LOCAL GOVERNMENTS HAVE JURISDICTION OVER THE COVERED2
FENCING PROJECT, THE PERSON SHALL SUBMIT THE APPLICATION FOR THE3
COVERED FENCING PROJECT TO THE LOCAL GOVERNMENT WITH THE4
JURISDICTION THAT WILL CONTAIN THE MOST FENCE WHEN THE COVERED5
FENCING PROJECT IS COMPLETE. THE APPLICATION MUST CONTAIN, AT A6
MINIMUM, THE FOLLOWING INFORMATION :7
(I) F
ENCE HEIGHT;8
(II) F
ENCE LENGTH;9
(III) F
ENCE TYPE;10
(IV) F
ENCE MATERIAL;11
(V) A
DJUSTMENTS MADE TO ALLOW FOR WILDLIFE PASSAGE ;12
(VI) W
HETHER A DISTURBANCE HAS OCCURRED OR WILL OCCUR AS13
A RESULT OF THE FENCING PROJECT;14
(VII) M
IGRATION AND HUNTING PATTERNS IN THE AREA OF THE15
FENCING PROJECT;16
(VIII) T
HE PURPOSE OF THE FENCING PROJECT; AND17
(IX) A
NY OTHER INFORMATION RELEVANT TO THE LOCAL18
GOVERNMENT'S DECISION PURSUANT TO SUBSECTION (3)(c) OF THIS19
SECTION.20
(b) N
O LATER THAN FOURTEEN DAYS AFTER THE LOCAL21
GOVERNMENT'S RECEIPT OF AN APPLICATION DESCRIBED IN SUBSECTION22
(3)(a)
OF THIS SECTION, THE LOCAL GOVERNMENT SHALL PUBLISH NOTICE23
OF THE APPLICATION ON THE LOCAL GOVERNMENT 'S WEBSITE.24
(c) N
O LATER THAN SIXTY DAYS AFTER THE LOCAL GOVERNMENT 'S25
RECEIPT OF AN APPLICATION DESCRIBED IN SUBSECTION (3)(a) OF THIS26
SECTION, THE LOCAL GOVERNMENT SHALL EITHER APPROVE OR REJECT THE27
HB25-1023
-5- APPLICATION BASED ON WHETHER :1
(I) T
HERE IS A RATIONAL PURPOSE FOR THE COVERED FENCING2
PROJECT;3
(II) T
HE COVERED FENCING PROJECT WOULD HAVE AN ADVERSE4
IMPACT ON HUNTERS' RIGHTS;5
(III) T
HE COVERED FENCING PROJECT WOULD HAVE AN ADVERSE6
IMPACT ON SURROUNDING FLOODPLAINS ;7
(IV) T
HE APPLICANT INTENDS TO COMPLETE NECESSARY8
REVEGETATION AS A RESULT OF THE COVERED FENCING PROJECT ; AND9
(V) T
HE COVERED FENCING PROJECT WOULD SIGNIFICANTLY10
DEGRADE THE AESTHETIC VALUE OF THE SURROUNDING LANDSCAPE .11
(d) E
XCEPT AS SET FORTH IN SUBSECTION (3)(e) OF THIS SECTION,12
A LOCAL GOVERNMENT SHALL NOT A PPROVE AN APPLICATION SUBMITTED13
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION UNLESS THE APPLICANT14
DEMONSTRATES THAT THE COVERED FENCING PROJECT WILL :15
(I) P
ROVIDE PASSAGE FOR LARGE MAMMALIAN WILDLIFE THROUGH16
AN OPENING THAT IS AT LEAST TWEN TY FEET WIDE AND HAS A HEIGHT OF17
AT LEAST FORTY-TWO INCHES FROM THE GROUND FOR AT LEAST EVERY18
ONE-FOURTH MILE OF FENCE;19
(II) P
ROVIDE PASSAGE FOR SMALL MAMMALIAN WILDLIFE20
THROUGH AN OPENING THAT IS AT LEAST FIVE FEET WIDE AND HAS A21
HEIGHT OF AT LEAST TWELVE INCHES FROM THE GROUND FOR AT LEAST22
EVERY ONE-TENTH MILE OF FENCE; AND23
(III) N
OT CAUSE A DISTURBANCE, UNLESS THE APPLICANT HAS24
OBTAINED ANY NECESSARY PERMIT FROM THE DEPARTMENT OF PUBLIC25
HEALTH AND ENVIRONMENT .26
(e) N
OTWITHSTANDING THIS SUBSECTION (3), THE LOCAL27
HB25-1023
-6- GOVERNMENT MAY APPROVE AN APPLICATION PURSUANT TO SUBSECTION1
(3)(c)
OF THIS SECTION IF THE LOCAL GOVERNMENT DETERMINES THAT THE2
BENEFITS OF THE COVERED FENCING PROJECT OUTWEIGH THE HARMS .3
(4) (a) A
LOCAL GOVERNMENT ORDINANCE , RESOLUTION,4
REGULATION, OR OTHER LAW THAT IS MORE STRICT THAN ONE OR MORE OF5
THE STANDARDS DESCRIBED IN SUBSECTION (3) OF THIS SECTION6
SUPERSEDES THE CONFLICTING STANDARD OR STANDARDS DESCRIBED IN7
SUBSECTION (3) OF THIS SECTION FOR ANY APPLICATIONS SUBMITTED8
WITHIN THE LOCAL GOVERNMENT 'S JURISDICTION.9
(b) A
GOVERNING BODY OF A LOCAL GOVERNMENT MAY ADOPT AN10
ORDINANCE, RESOLUTION, REGULATION, OR OTHER LAW DECLARING THAT11
THE LOCAL GOVERNMENT OPTS OUT OF THE REQUIREMENTS OF THIS12
SECTION.13
(5) T
HIS SECTION DOES NOT APPLY TO A COVERED FENCING14
PROJECT THAT IS NECESSARY FOR:15
(a) A
PROJECT BY A PUBLIC UTILITY OR THE DEPARTMENT OF16
TRANSPORTATION; OR17
(b) T
HE SAFETY OR SECURITY OF A PUBLIC SCHOOL OR A PRISON .18
SECTION 2. Applicability. This act applies to covered fencing19
projects commencing on or after July 1, 2025.20
SECTION 3. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
HB25-1023
-7-