Colorado 2025 Regular Session

Colorado House Bill HB1093 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0668.01 Caroline Martin x5902
1	8		HOUSE BILL 25-1093
2		-	BY REPRESENTATIVE(S) Stewart R. and Barron, Bird, Boesenecker,
3		-	Froelich, Lindsay, Lindstedt, Mabrey, Rutinel, Valdez, McCluskie,
4		-	Espenoza, Joseph;
5		-	also SENATOR(S) Ball and Hinrichsen, Cutter, Kipp, Winter F.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Local Government & Housing
	11	+	A BILL FOR AN ACT
6	12		C
7		-	ONCERNING LIMITATIONS ON LOCAL LAND USE POLICIES THAT IMPOSE
8		-	CONDITIONS THAT LIMIT GROWTH
9		-	.
10		-
11		-	Be it enacted by the General Assembly of the State of Colorado:
12		-	SECTION 1. In Colorado Revised Statutes, 29-20-104.2, amend
13		-	(2)(a); and add (2)(b.5) and (6) as follows:
14		-	29-20-104.2. Anti-growth law - preemption - legislative
15		-	declaration - definitions. (2) As used in this section, unless the context
16		-	otherwise requires:
17		-	(a) "Anti-growth law" means a
18		-	GENERALLY APPLICABLE land use law
19		-	that:
20		-	(I) Explicitly limits either the growth of the population in the
21		-	governmental entity's jurisdiction or the number of development permits or
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. building permit applications for residential development or the residential
30		-	component of any mixed use development submitted to, reviewed by,
31		-	approved by, or issued by a governmental entity for any calendar or fiscal
32		-	year; As used in this subsection (2)(a), "land use law" means any statute,
33		-	resolution, ordinance, code, rule, regulation, plan, policy, procedure,
34		-	standard, initiative, guideline, requirement, or law that regulates the use or
35		-	division of property or any interest in property OR
36		-	(II) IN CENSUS URBAN AREAS AS DEFINED BY THE UNITED STATES
37		-	CENSUS BUREAU
38		-	, EXPLICITLY DECREASES THE PERMITTED RESIDENTIAL
39		-	DENSITY OR RESIDENTIAL USES OF LAND TO A LOWER RESIDENTIAL DENSITY
40		-	OR FEWER RESIDENTIAL USES THAN WERE ALLOWED BY THE LAND
41		-	'S USAGE
42		-	AND ZONING AS OF
43		-	JULY 1, 2025, WITHOUT ENSURING A CORRESPONDING
44		-	INCREASE OF RESIDENTIAL DENSITY OR RESIDENTIAL USES ELSEWHERE IN
45		-	THE JURISDICTION
46		-	.
	13	+	ONCERNING LIMITATIONS ON LOCAL LAND USE POLICIES THAT101
	14	+	IMPOSE CONDITIONS THAT LIMIT GROWTH .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Current law preempts any local governmental entity housing
	23	+	growth restriction (anti-growth law) that explicitly limits the growth of
	24	+	the population in the local governmental entity's jurisdiction or the
	25	+	number of development permits or building permit applications for
	26	+	residential development unless it is a temporary, nonrenewable
	27	+	anti-growth law following a declared disaster emergency.
	28	+	The bill clarifies that an anti-growth law also includes any
	29	+	SENATE
	30	+	Amended 3rd Reading
	31	+	March 14, 2025
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	March 13, 2025
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	February 18, 2025
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	February 14, 2025
	41	+	HOUSE SPONSORSHIP
	42	+	Stewart R. and Barron, Bird, Boesenecker, Froelich, Lindsay, Lindstedt, Mabrey,
	43	+	McCluskie, Rutinel, Valdez
	44	+	SENATE SPONSORSHIP
	45	+	Ball and Hinrichsen, Cutter, Kipp, Winter F.
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. restriction that explicitly seeks to impose additional restrictions or
	49	+	limitations on a particular housing type that exceed a governmental
	50	+	entity's zoning or building codes.
	51	+	The bill also clarifies when a local government must provide the
	52	+	option of paying a fee in lieu of land dedication for a private property
	53	+	owner whose property does not meet the local government's standards for
	54	+	dedication.
	55	+	Be it enacted by the General Assembly of the State of Colorado:1
	56	+	SECTION 1. In Colorado Revised Statutes, 29-20-104.2, amend2
	57	+	(2)(a); and add (2)(b.5) and (6) as follows:3
	58	+	29-20-104.2. Anti-growth law - preemption - legislative4
	59	+	declaration - definitions. (2) As used in this section, unless the context5
	60	+	otherwise requires:6
	61	+	(a) "Anti-growth law" means a GENERALLY APPLICABLE land use7
	62	+	law that:8
	63	+	(I) Explicitly limits either the growth of the population in the9
	64	+	governmental entity's jurisdiction or the number of development permits10
	65	+	or building permit applications for residential development or the11
	66	+	residential component of any mixed use development submitted to,12
	67	+	reviewed by, approved by, or issued by a governmental entity for any13
	68	+	calendar or fiscal year; As used in this subsection (2)(a), "land use law"14
	69	+	means any statute, resolution, ordinance, code, rule, regulation, plan,15
	70	+	policy, procedure, standard, initiative, guideline, requirement, or law that16
	71	+	regulates the use or division of property or any interest in property OR17
	72	+	(II) I
	73	+	N CENSUS URBAN AREAS AS DEFINED BY THE UNITED STATES
	74	+	18
	75	+	CENSUS BUREAU, EXPLICITLY DECREASES THE PERMITTED RESIDENTIAL19
	76	+	DENSITY OR RESIDENTIAL USES OF LAND TO A LOWER RESIDENTIAL20
	77	+	DENSITY OR FEWER RESIDENTIAL USES THAN WERE ALLOWED BY THE21
	78	+	LAND'S USAGE AND ZONING AS OF JULY 1, 2025, WITHOUT ENSURING A22
	79	+	1093-2- CORRESPONDING INCREASE OF RESIDENTIAL DENSITY OR RESIDENTIAL1
	80	+	USES ELSEWHERE IN THE JURISDICTION.2
47	81		(b.5) "L
48	82		AND USE LAW" MEANS ANY STATUTE , RESOLUTION,
49		-	~~ORDINANCE, CODE, RULE, REGULATION, PLAN, POLICY, PROCEDURE,~~
50		-	~~STANDARD~~, ~~INITIATIVE~~, ~~GUIDELINE~~, ~~REQUIREMENT~~, ~~OR LAW THAT~~
51		-	~~REGULATES THE USE~~ OR ~~DIVISION OF PROPERTY OR ANY INTEREST IN~~
52		-	PROPERTY
53		-	.
	83	+	3
	84	+	ORDINANCE, CODE, RULE, REGULATION, PLAN, POLICY, PROCEDURE,4
	85	+	STANDARD, INITIATIVE, GUIDELINE, REQUIREMENT, OR LAW THAT5
	86	+	REGULATES THE USE OR DIVISION OF PROPERTY OR ANY INTEREST IN6
	87	+	PROPERTY.7
54	88		(6) (a) A
55	89		S USED IN THIS SUBSECTION (6), "WILDLIFE CROSSING
56		-	STRUCTURE
57		-	" MEANS A STRUCTURE THAT WAS CONSTRUCTED TO FACILITATE
58		-	WILDLIFE MOVEMENT AND IS IDENTIFIED AND MAPPED BY THE
59		-	COLORADO
60		-	DIVISION OF PARKS AND WILDLIFE IN A HIGH PRIORITY HABITAT MAP THAT IS
61		-	INCORPORATED INTO THE
62		-	COLORADO ENERGY AND CARBON MANAGEMENT
63		-	COMMISSION
64		-	'S REGULATIONS.
	90	+	8
	91	+	STRUCTURE" MEANS A STRUCTURE THAT WAS CONSTRUCTED TO9
	92	+	FACILITATE WILDLIFE MOVEMENT AND IS IDENTIFIED AND MAPPED BY THE10
	93	+	C
	94	+	OLORADO
	95	+	DIVISION OF PARKS AND WILDLIFE IN A HIGH PRIORITY HABITAT11
	96	+	MAP THAT IS INCORPORATED INTO THE COLORADO ENERGY AND CARBON12
	97	+	MANAGEMENT COMMISSION 'S REGULATIONS.13
65	98		(b) N
66	99		OTHING IN THIS SECTION APPLIES TO LAND THAT CONTAINS OR
67		-	IS DIRECTLY ADJACENT TO A WILDLIFE CROSSING STRUCTURE
68		-	.
69		-	SECTION 2. In Colorado Revised Statutes, 29-20-203, add (3) as
70		-	follows:
71		-	29-20-203. Conditions on land-use approvals.
72		-	(3) N
73		-	OTWITHSTANDING ANY OTHER LAW , AT ANY TIME BEFORE AN
74		-	ELECTION IS ORDERED PURSUANT TO SECTION
75		-	31-11-104, A MUNICIPALITY
76		-	MAY SEEK A JUDICIAL DETERMINATION AS TO THE LEGALITY OF A PROPOSED
77		-	LAND USE ORDINANCE THAT RESTRICTS OR LIMITS THE DEVELOPMENT OR USE
78		-	PAGE 2-HOUSE BILL 25-1093 OF LAND SUBMITTED TO THE LEGISLATIVE BODY PURSUANT TO SECTION
79		-	31-11-104 WITH REGARD TO ANY PROVISION OF THE UNITED STATES
80		-	CONSTITUTION OR THE STATE CONSTITUTION
81		-	, THIS SECTION, ARTICLE 68 OF
82		-	TITLE
83		-	24, OR SECTION 29-20-104.2. THE OWNERS OF PROPERTY SPECIFICALLY
84		-	SUBJECT TO THE PROPOSED ORDINANCE AND PERSONS DESIGNATED AS
85		-	REPRESENTING THE PETITION PROPONENTS PURSUANT TO SECTION
86		-	31-11-106
87		-	(2)
88		-	SHALL BE ENTITLED TO INTERVENE IN THE PROCEEDING. THE TIME PERIOD
89		-	TO ADOPT AN INITIATED ORDINANCE OR CALL AN ELECTION PURSUANT TO
90		-	SECTION
91		-	31-11-104 (1) SHALL BE TOLLED DURING THE PENDENCY OF ANY
92		-	ACTION FILED PURSUANT TO THIS SUBSECTION
93		-	(3) INCLUDING ANY APPEAL.
94		-	SECTION 3. Act subject to petition - effective date. This act
95		-	takes effect at 12:01 a.m. on the day following the expiration of the
96		-	ninety-day period after final adjournment of the general assembly; except
97		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
98		-	of the state constitution against this act or an item, section, or part of this act
99		-	within such period, then the act, item, section, or part will not take effect
100		-	unless approved by the people at the general election to be held in
101		-	PAGE 3-HOUSE BILL 25-1093 November 2026 and, in such case, will take effect on the date of the official
102		-	declaration of the vote thereon by the governor.
103		-	____________________________ ____________________________
104		-	Julie McCluskie James Rashad Coleman, Sr.
105		-	SPEAKER OF THE HOUSE PRESIDENT OF
106		-	OF REPRESENTATIVES THE SENATE
107		-	____________________________ ____________________________
108		-	Vanessa Reilly Esther van Mourik
109		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
110		-	OF REPRESENTATIVES THE SENATE
111		-	APPROVED________________________________________
112		-	(Date and Time)
113		-	_________________________________________
114		-	Jared S. Polis
115		-	GOVERNOR OF THE STATE OF COLORADO
116		-	PAGE 4-HOUSE BILL 25-1093
	100	+	14
	101	+	IS DIRECTLY ADJACENT TO A WILDLIFE CROSSING STRUCTURE .15
	102	+	SECTION 2. In Colorado Revised Statutes, 29-20-203, add (3)16
	103	+	as follows:17
	104	+	29-20-203. Conditions on land-use approvals.18
	105	+	(3) NOTWITHSTANDING ANY OTHER LAW, AT ANY TIME BEFORE AN19
	106	+	ELECTION IS ORDERED PURSUANT TO SECTION 31-11-104, A MUNICIPALITY20
	107	+	MAY SEEK A JUDICIAL DETERMINATION AS TO THE LEGALITY OF A21
	108	+	PROPOSED LAND USE ORDINANCE THAT RESTRICTS OR LIMITS THE22
	109	+	DEVELOPMENT OR USE OF LAND SUBMITTED TO THE LEGISLATIVE BODY23
	110	+	PURSUANT TO SECTION 31-11-104 WITH REGARD TO ANY PROVISION OF24
	111	+	THE UNITED STATES CONSTITUTION OR THE STATE CONSTITUTION , THIS25
	112	+	SECTION, ARTICLE 68 OF TITLE 24, OR SECTION 29-20-104.2. THE OWNERS26
	113	+	OF PROPERTY SPECIFICALLY SUBJECT TO THE PROPOSED ORDINANCE AND27
	114	+	PERSONS DESIGNATED AS REPRESENTING THE PETITION PROPONENTS28
	115	+	1093
	116	+	-3- PURSUANT TO SECTION 31-11-106 (2) SHALL BE ENTITLED TO INTERVENE1
	117	+	IN THE PROCEEDING. THE TIME PERIOD TO ADOPT AN INITIATED ORDINANCE2
	118	+	OR CALL AN ELECTION PURSUANT TO SECTION 31-11-104 (1) SHALL BE3
	119	+	TOLLED DURING THE PENDENCY OF ANY ACTION FILED PURSUANT TO THIS4
	120	+	SUBSECTION (3) INCLUDING ANY APPEAL.5
	121	+	SECTION 3. Act subject to petition - effective date. This act6
	122	+	takes effect at 12:01 a.m. on the day following the expiration of the7
	123	+	ninety-day period after final adjournment of the general assembly; except8
	124	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V9
	125	+	of the state constitution against this act or an item, section, or part of this10
	126	+	act within such period, then the act, item, section, or part will not take11
	127	+	effect unless approved by the people at the general election to be held in12
	128	+	November 2026 and, in such case, will take effect on the date of the13
	129	+	official declaration of the vote thereon by the governor.14
	130	+	1093
	131	+	-4-