Colorado is a “local control” state when it comes to land use planning authority (Local Government, 2012). This means that most land use decisions such as adoption of zoning and building codes are driven by local governments, not by the state. The State of Colorado designates land use authority to local governments through several key pieces of enabling legislation, including:
- Local Government Land Use Control Enabling Act (C.R.S. § 29-20-101, et. seq.). This act grants counties and municipalities the authority to plan for and regulate the use of land within their jurisdiction, specifically including the regulation of development and activities in hazardous areas.
- Home Rule Powers (Articles XX and XIV of the Colorado Constitution). More than one-third of Colorado municipalities are classified as “home rule.” This means that those local governments are able to draw upon any authority delegated by the General Assembly, and also any additional authority from their locally-adopted home rule charter. There are some limitations, including the ability to supersede state statutes only when the matter is of local concern. Municipalities and counties that are not classified as home rule must abide by the authority granted through state statutes.
- Master Plans (C.R.S. § 30-28-106 and § 31-23-206). Colorado counties and municipalities are authorized to prepare master plans (commonly known as “comprehensive plans”) to plan for the physical development of their community. Unlike many other states, there are few mandates for the content or format of comprehensive plans. As discussed later in this guide, Colorado communities can address hazard mitigation in the comprehensive plan through various mechanisms.
- Zoning (C.R.S. § 30-28-111 and § 31-23-301). The state authorizes Colorado communities to adopt local zoning regulations to promote the health, safety, morals, and general welfare of residents. Zoning is a common tool used for protecting current and future development from hazard areas. Zoning is related to and may be somewhat restricted by other state and federal laws, such as in the areas of telecommunications, signs, religious institutions, and treatment of protected classes.
- Areas and Activities of State Interest (C.R.S. § 24-65.1-101). Colorado communities are permitted to identify, designate, and regulate areas and activities with statewide impacts such as natural hazard areas, site selection of airports, mass transit facilities, and development of new communities. Commonly known as “1041 regulations” (after the enabling act, HB 1041), these regulations allow local governments to retain control and develop permitting procedures and standards for development.