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Colorado House Bill HB1023

Colorado 2025 Regular Session

Colorado House Bill HB1023 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REREVISED
5-This Version Includes All Amendments
6-Adopted in the Second House
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
77 LLS NO. 25-0110.01 Megan McCall x4215
88 HOUSE BILL 25-1023
99 House Committees Senate Committees
1010 Agriculture, Water & Natural Resources Agriculture & Natural Resources
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING LOCAL GOVERNMENT RE VIEW OF CERTAIN FENCING101
1414 PROJECTS.102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill requires, on or after July 1, 2025, and before commencing
2323 a project to install or substantially repair a contiguous fence of a certain
2424 size in the Sangre de Cristo land grant lands (covered fencing project), a
2525 person to submit an application for the covered fencing project to the
2626 local government with jurisdiction over the covered fencing project
2727 (application). No later than 14 days after the local government's receipt
2828 SENATE
29-3rd Reading Unamended
30-April 23, 2025
31-SENATE
3229 Amended 2nd Reading
3330 April 22, 2025
3431 HOUSE
3532 3rd Reading Unamended
3633 February 6, 2025
3734 HOUSE
3835 Amended 2nd Reading
3936 February 5, 2025
4037 HOUSE SPONSORSHIP
4138 Martinez and Bacon, Bird, Boesenecker, Brown, Camacho, Duran, Espenoza, Garcia,
4239 Lindsay, Lindstedt, Mabrey, Marshall, Mauro, McCormick, Phillips, Rydin, Sirota, Smith,
4340 Story, Titone, Valdez, Velasco, Woodrow
4441 SENATE SPONSORSHIP
45-Gonzales J. and Simpson, Weissman, Ball, Bridges, Coleman, Cutter, Exum, Jodeh, Kipp,
46-Rodriguez, Wallace, Winter F.
42+Gonzales J. and Simpson, Weissman
4743 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4844 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4945 Dashes through the words or numbers indicate deletions from existing law. of an application, the local government must publish notice of the
5046 application on the local government's website. No later than 60 days after
5147 the local government's receipt of an application, the local government
5248 must either approve or reject the application based on certain criteria.
5349 Despite the criteria, a local government may approve an application if it
5450 determines that the benefits of the covered fencing project outweigh the
5551 harms. Also, the governing body of a local government may pass an
5652 ordinance or resolution opting out of these requirements.
5753 Be it enacted by the General Assembly of the State of Colorado:1
5854 SECTION 1. In Colorado Revised Statutes, add 29-20-112 as2
5955 follows:3
6056 29-20-112. Local government review of certain fencing4
6157 projects in the Sangre de Cristo land grant lands -
6258 requirement to opt5
6359 in - exemptions - definitions - legislative declaration. (1) (a) T HE6
6460 GENERAL ASSEMBLY FINDS AND DETERMINES THAT :7
6561 (I) T
6662 HE SANGRE DE CRISTO LAND GRANT LANDS ARE A PLACE OF8
6763 RICH HISTORY AND TRADITION AND CONTAIN AN ABUNDANCE OF WILDLIFE9
6864 AND VEGETATION THAT ARE OF GREAT SIGNIFICANCE TO THE ENTIRE10
6965 STATE;11
7066 (II) T
7167 HE SANGRE DE CRISTO LAND GRANT LANDS ARE AT RISK OF12
7268 LANDOWNERS UNDERTAKING
7369 ENVIRONMENTALLY DAMAGING FENCING13
7470 PROJECTS WITHOUT OVERSIGHT OR INTERVENTION BY A LOCAL14
7571 GOVERNMENT;15
7672 (III) T
7773 HESE FENCING PROJECTS DENY WILDLIFE ACCESS TO WATER ,16
7874 FOOD, AND SHELTER THAT THE WILDLIFE DEPENDS ON TO SURVIVE AND17
7975 ALSO DISTURB ESTABLISHED MIGRATION PATTERNS ;18
8076 (IV) T
8177 HESE FENCING PROJECTS ALSO ADVERSELY IMPACT THE19
8278 VEGETATION THAT HELPS TO PREVENT SOIL EROSION , MAINTAIN WATER20
8379 QUALITY, AND PROVIDE A HABITAT FOR WILDLIFE; AND21
8480 1023-2- (V) THEREFORE, REVIEW OF CERTAIN FENCING PROJECTS IN THE1
8581 S
8682 ANGRE DE CRISTO LAND GRANT LANDS BY LOCAL GOVERNMENTS :2
8783 (A) I
8884 S NECESSARY TO AVOID NEGATIVE IMPACTS TO WILDLIFE AND3
8985 VEGETATION BEFORE THE FENCING PROJECT COMMENCES ; AND4
9086 (B) A
9187 LLOWS LOCAL GOVERNMENTS THE FLEXIBILITY TO APPROVE5
9288 THE FENCING PROJECT IF THE LOCAL GOVERNMENT DETERMINES THAT THE6
9389 BENEFITS OF THE FENCING PROJECT OUTWEIGH THE HARMS .7
9490 (b) T
9591 HE GENERAL ASSEMBLY THEREFORE DECLARES THAT THE8
9692 REVIEW OF CERTAIN FENCING PROJECTS IN THE SANGRE DE CRISTO LAND9
9793 GRANT LANDS BY LOCAL GOVERNMENTS IS A MATTER OF STATEWIDE10
9894 CONCERN AND HAS A SIGNIFICANT ENVIRONMENTAL BENEFIT TO THE11
9995 STATE.12
10096 (2) A
10197 S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
10298 REQUIRES:14
10399 (a) "C
104100 ONTIGUOUS" MEANS THAT EACH PORTION OF FENCE IS NO15
105101 MORE THAN THREE FEET FROM A DIRECTLY ADJACENT PORTION OF FENCE .16
106102 (b) (I) "C
107103 OVERED FENCING PROJECT" MEANS A PROJECT TO INSTALL17
108104 OR SUBSTANTIALLY REPAIR A CONTIGUOUS FENCE THAT IS PARTIALLY OR18
109105 ENTIRELY IN THE SANGRE DE CRISTO LAND GRANT LANDS AND THAT UPON19
110106 COMPLETION WILL:20
111107 (A) E
112108 NCLOSE A SPACE AND WILL BE NO LOWER THAN FIVE FEET IN21
113109 HEIGHT AT ANY POINT ALONG THE FENCE AND WILL BE ONE MILE IN22
114110 LENGTH OR LONGER; OR23
115111 (B) N
116112 OT ENCLOSE A SPACE AND WILL BE NO LOWER THAN FIVE24
117113 FEET IN HEIGHT AT ANY POINT ALONG THE FENCE AND WILL BE ONE -HALF25
118114 MILE IN LENGTH OR LONGER.26
119115 (II) "C
120116 OVERED FENCING PROJECT" INCLUDES THE ADDITION OF27
121117 1023
122118 -3- HEIGHT OR LENGTH TO A CONTIGUOUS FENCE THAT CAUSES THE1
123119 CONTIGUOUS FENCE TO MEET THE HEIGHT AND LENGTH SPECIFICATIONS2
124120 DESCRIBED IN SUBSECTION (2)(b)(I) OF THIS SECTION.3
125121 (c) "D
126122 ISTURBANCE" MEANS A DISTURBANCE OF MORE THAN ONE4
127123 ACRE OF TOPSOIL.5
128124 (d) "F
129125 ENCE" INCLUDES GATES.6
130126 (e) "P
131127 RISON" MEANS A:7
132128 (I) C
133129 ORRECTIONAL FACILITY, AS DEFINED IN SECTION 17-1-1028
134130 (1.7);9
135131 (II) L
136132 OCAL JAIL, AS DEFINED IN SECTION 17-1-102 (7); OR10
137133 (III) P
138134 RIVATE CONTRACT PRISON, AS DEFINED IN SECTION 17-1-10211
139135 (7.3).12
140136 (f) "P
141137 UBLIC SCHOOL" HAS THE MEANING SET FORTH IN SECTION13
142138 22-1-144 (1)(d).14
143139 (g) "P
144140 UBLIC UTILITY" HAS THE MEANING SET FORTH IN SECTION15
145141 40-1-103 (1)(a)(I).16
146142 (h) "S
147143 ANGRE DE CRISTO LAND GRANT LANDS" MEANS THE PORTION17
148144 OF LANDS IN COLORADO THAT IS COVERED BY THE SANGRE DE CRISTO18
149145 LAND GRANT, WHICH WAS GRANTED TO SETTLERS BY MEXICO IN 1844 AND19
150146 CONFIRMED BY THE UNITED STATES IN 1848 THROUGH THE TREATY OF20
151147 G
152148 UADALUPE HIDALGO.21
153149 (i) "S
154150 UBSTANTIALLY REPAIR" MEANS A LEVEL OF REPAIR THAT22
155151 REQUIRES AT LEAST ONE-HALF MILE OF FENCE TO BE TAKEN DOWN AND23
156152 REINSTALLED.24
157153 (3) (a) O
158154 N OR AFTER JULY 1, 2025, BEFORE COMMENCING A25
159155 COVERED FENCING PROJECT, A PERSON SHALL SUBMIT AN APPLICATION FOR26
160156 THE COVERED FENCING PROJECT TO THE LOCAL GOVERNMENT WITH27
161157 1023
162158 -4- JURISDICTION OVER THE COVERED FENCING PROJECT . IF TWO OR MORE1
163159 ADJACENT LOCAL GOVERNMENTS HAVE JURISDICTION OVER THE COVERED2
164160 FENCING PROJECT, THE PERSON SHALL SUBMIT THE APPLICATION FOR THE3
165161 COVERED FENCING PROJECT TO THE LOCAL GOVERNMENT WITH THE4
166162 JURISDICTION THAT WILL CONTAIN THE MOST FENCE WHEN THE COVERED5
167163 FENCING PROJECT IS COMPLETE. THE APPLICATION MUST CONTAIN, AT A6
168164 MINIMUM, THE FOLLOWING INFORMATION :7
169165 (I) F
170166 ENCE HEIGHT;8
171167 (II) F
172168 ENCE LENGTH;9
173169 (III) F
174170 ENCE TYPE;10
175171 (IV) F
176172 ENCE MATERIAL;11
177173 (V) A
178174 DJUSTMENTS MADE TO ALLOW FOR WILDLIFE PASSAGE ;12
179175 (VI) W
180176 HETHER A DISTURBANCE HAS OCCURRED OR WILL OCCUR AS13
181177 A RESULT OF THE FENCING PROJECT;14
182178 (VII) M
183179 IGRATION AND HUNTING PATTERNS IN THE AREA OF THE15
184180 FENCING PROJECT;16
185181 (VIII) T
186182 HE PURPOSE OF THE FENCING PROJECT; AND17
187183 (IX) A
188184 NY OTHER INFORMATION RELEVANT TO THE LOCAL18
189185 GOVERNMENT'S DECISION PURSUANT TO SUBSECTION (3)(c) OF THIS19
190186 SECTION.20
191187 (b) N
192188 O LATER THAN FOURTEEN DAYS AFTER THE LOCAL21
193189 GOVERNMENT'S RECEIPT OF AN APPLICATION DESCRIBED IN SUBSECTION22
194190 (3)(a)
195191 OF THIS SECTION, THE LOCAL GOVERNMENT SHALL PUBLISH NOTICE23
196192 OF THE APPLICATION ON THE LOCAL GOVERNMENT 'S WEBSITE.24
197193 (c) N
198194 O LATER THAN SIXTY DAYS AFTER THE LOCAL GOVERNMENT 'S25
199195 RECEIPT OF AN APPLICATION DESCRIBED IN SUBSECTION (3)(a) OF THIS26
200196 SECTION, THE LOCAL GOVERNMENT SHALL EITHER APPROVE OR REJECT THE27
201197 1023
202198 -5- APPLICATION BASED ON WHETHER :1
203199 (I) T
204200 HERE IS A RATIONAL PURPOSE FOR THE COVERED FENCING2
205201 PROJECT;3
206202 (II) T
207203 HE COVERED FENCING PROJECT WOULD HAVE AN ADVERSE4
208204 IMPACT ON HUNTERS' RIGHTS;5
209205 (III) T
210206 HE COVERED FENCING PROJECT WOULD HAVE AN ADVERSE6
211207 IMPACT ON SURROUNDING FLOODPLAINS ;7
212208 (IV) T
213209 HE APPLICANT INTENDS TO COMPLETE NECESSARY8
214210 REVEGETATION AS A RESULT OF THE COVERED FENCING PROJECT ; AND9
215211 (V) T
216212 HE COVERED FENCING PROJECT WOULD SIGNIFICANTLY10
217213 DEGRADE THE AESTHETIC VALUE OF THE SURROUNDING LANDSCAPE .11
218214 (d) E
219215 XCEPT AS SET FORTH IN SUBSECTION (3)(e) OF THIS SECTION,12
220216 A LOCAL GOVERNMENT SHALL NOT A PPROVE AN APPLICATION SUBMITTED13
221217 PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION UNLESS THE APPLICANT14
222218 DEMONSTRATES THAT THE COVERED FENCING PROJECT WILL :15
223219 (I) P
224220 ROVIDE PASSAGE FOR LARGE MAMMALIAN WILDLIFE THROUGH16
225221 AN OPENING THAT IS AT LEAST TWENTY FEET WIDE AND HAVE
226222 A HEIGHT OF17
227223 NOT MORE THAN FORTY-TWO INCHES FROM THE GROUND TO THE TOP RAIL18
228224 OR WIRE FOR AT LEAST EVERY ONE-FOURTH MILE OF FENCE;19
229225 (II) P
230226 ROVIDE PASSAGE FOR SMALL MAMMALIAN WILDLIFE20
231227 THROUGH AN OPENING THAT IS AT LEAST FIVE FEET WIDE AND HAVE
232228 A21
233229 HEIGHT OF AT LEAST SIXTEEN INCHES FROM THE GROUND TO THE BOTTOM22
234230 RAIL OR WIRE FOR AT LEAST EVERY ONE-TENTH MILE OF FENCE; AND23
235231 (III) N
236232 OT CAUSE A DISTURBANCE, UNLESS THE APPLICANT HAS24
237233 OBTAINED ANY NECESSARY PERMIT FROM THE DEPARTMENT OF PUBLIC25
238234 HEALTH AND ENVIRONMENT .26
239235 (e) N
240236 OTWITHSTANDING THIS SUBSECTION (3), THE LOCAL27
241237 1023
242238 -6- GOVERNMENT MAY APPROVE AN APPLICATION PURSUANT TO SUBSECTION1
243239 (3)(c)
244240 OF THIS SECTION IF THE LOCAL GOVERNMENT DETERMINES THAT THE2
245241 BENEFITS OF THE COVERED FENCING PROJECT OUTWEIGH THE HARMS .3(f) NOTWITHSTANDING THIS SUBSECTION (3), A LOCAL4
246242 GOVERNMENT SHALL NOT REQUIRE A PERSON COMMENCING A COVERED5
247243 FENCING PROJECT TO SUBMIT AN APPLICATION PURSUANT TO SUBSECTION6
248244 (3)(a) OF THIS SECTION OR PAY A FEE ASSOCIATED WITH SUBMITTING AN7
249245 APPLICATION IF THE LOCAL GOVERNMENT FINDS THAT THE COVERED8
250246 FENCING PROJECT PRESENTS NO SIGNIFICANT ENVIRONMENTAL IMPACTS .9
251247 (4) (a) A
252248 LOCAL GOVERNMENT ORDINANCE , RESOLUTION,10
253249 REGULATION, OR OTHER LAW THAT IS MORE STRICT THAN ONE OR MORE OF11
254250 THE STANDARDS DESCRIBED IN SUBSECTION (3) OF THIS SECTION12
255251 SUPERSEDES THE CONFLICTING STANDARD OR STANDARDS DESCRIBED IN13
256252 SUBSECTION (3) OF THIS SECTION FOR ANY APPLICATIONS SUBMI TTED14
257253 WITHIN THE LOCAL GOVERNMENT 'S JURISDICTION.15 (b) A LOCAL GOVERNMENT IS ONLY SUBJECT TO THE16
258254 REQUIREMENTS OF THIS SECTION IF THE GOVERNING BODY OF THE LOCAL17
259255 GOVERNMENT ADOPTS AN ORDINANCE, RESOLUTION, REGULATION, OR18
260256 OTHER LAW DECLARING THAT THE LOCAL GOVERNMENT OPTS INTO THE19
261257 REQUIREMENTS OF THIS SECTION.20
262258 (5) T
263259 HIS SECTION DOES NOT APPLY TO A COVERED FENCING21
264260 PROJECT THAT IS NECESSARY FOR:22
265261 (a) A
266262 PROJECT BY A PUBLIC UTILITY OR THE DEPARTMENT OF23
267263 TRANSPORTATION OR THAT IS AN ENERGY SECTOR PUBLIC WORKS PROJECT ;
268264 24
269265 (b) T
270266 HE SAFETY OR SECURITY OF A PUBLIC SCHOOL OR A
271267 PRISON;25
272268 OR26
273269 (c) FENCES PROVIDED BY THE DIVISION OF PARKS AND WILDLIFE27
274270 1023
275271 -7- PURSUANT TO PART 1 OF ARTICLE 3 OF TITLE 33.1
276272 SECTION 2. Applicability. This act applies to covered fencing2
277273 projects commencing on or after July 1, 2025.3
278274 SECTION 3. Safety clause. The general assembly finds,4
279275 determines, and declares that this act is necessary for the immediate5
280276 preservation of the public peace, health, or safety or for appropriations for6
281277 the support and maintenance of the departments of the state and state7
282278 institutions.8
283279 1023
284280 -8-