August 2023 Bite-Size Colorado Legislation News
Discover the latest updates on Colorado State Legislation! As new legislation is introduced, it’s important to stay informed about the changes it may bring. HR Green is monitoring the priorities of our state legislators. The following are three immediately impactful topics from the recent legislative session.
HB23-1255 (The Regulating Local Housing Growth Restrictions Bill)
- This bill is anticipated to be effective 90 days after the adjournment of 2023 legislative session. (View bill.) This bill addresses the ability of a governmental entity to place growth caps on residential development, and “governmental entity” means:
(I) A STATUTORY OR HOME RULE COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY; AND
(II) ANY SPECIAL DISTRICT OR AGENCY, AUTHORITY, POLITICAL SUBDIVISION, OR INSTRUMENTALITY OF A COUNTY, OR OF A CITY AND COUNTY, OR OF A MUNICIPALITY.
The bill defines the conditions that a temporary anti-growth law may be implemented, along with a maximum enforcement period of the anti-growth law. - The bill also introduces permit guidance:
“(5)(a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(b) OF THIS SECTION, NOTHING IN THIS SECTION REQUIRES A GOVERNMENTAL ENTITY TO APPROVE A PERMIT APPLICATION OR PRECLUDES A GOVERNMENTAL ENTITY FROM REGULATING THE USE OF LAND, DEVELOPING LAND USE PLANS, ENACTING AFFORDABILITY REQUIREMENTS THAT REGULATE OR RESTRICT MARKET RATE DEVELOPMENT OR REDEVELOPMENT IN ORDER TO ENFORCE AFFORDABILITY REQUIREMENTS, REGULATING THE RENTAL OF ANY PROPERTY OR PORTION OF A PROPERTY THAT IS AVAILABLE FOR LODGING FOR LESS THAN THIRTY DAYS, OR DENYING A PERMIT FOR ANY REASON, INCLUDING EXTENDING OR ACQUIRING INFRASTRUCTURE, WATER RESOURCES, OR SERVICES.”
Micro-trenching (Fiber Deployment / Telecommunications)
Parameters are expected to be presented in the next legislative cycle, and a number of communities have likely been presented with this concept.
- This is primarily related to the installation of fiber communications infrastructure, and it presents an opportunity to understand the industry’s viewpoint regarding microtrenching.
- There are not any current statewide engineering guidelines related to the construction and installation of microtrenches.
- In advance of statewide laws, there is an opportunity to better understand a community’s outlook on microtrenching.
SB23-268 (Ten-Year Transportation Plan )
This bill will be effective as of 1 September 2023. (View bill.) The bill establishes:
- “A DESIGNATED AND READILY AVAILABLE DEPARTMENT CONTACT TO RECEIVE AND RESPOND TO THEIR QUESTIONS ABOUT THE STATUS AND FUNDING OF SPECIFIC TRANSPORTATION PROJECTS THAT AFFECT THEIR COMMUNITIES AND CONSTITUENTS.”
- This legislation requires the following information to be updated as transportation projects change, time frame for project completion and the total estimated amount of funding.
- Fiscal Constraint – “(d)(I) To study and make recommendations for existing and future transportation systems in Colorado with a focus of such study and recommendations being a ten-year plan for each mode of transportation. The ten-year plan MUST be based on what can be reasonably expected to be implemented with the estimated revenues which are likely to be available.”
Note: The material contained in this newsletter is provided for informational purposes only and does not represent a legal opinion on any subject matter. We encourage you to review this summary and consult with your legal counsel to determine applicability to your particular situation.
Bite-Size Colorado Legislation Newsletter Sign-up
Our Colorado team leaders need help keeping tabs on changing legislation that could impact their communities, and keeping track of proposed changes and updates in legislation can be daunting. With the potential impact on local communities, staying up to date is crucial. If you’re looking for a way to stay informed about Colorado Legislation, you’re in the right place.
HR Green’s periodic and approachable updates are designed to give you the information you need, straight to your inbox. Sign up below to stay on top of important changes that could impact your community.
HR Green can help communities like yours navigate changing regulations and development needs. And we’re here when you need professional experience and insight with Plan Review, Engineering Design Services, and Grant Writing.
Subscribe to HR Green Insights
We're dedicated to providing up-to-date knowledge and insights about the topics that matter most to you. We know how busy you are, so we will keep this simple, covering just one topic per email. Once you've subscribed, you can easily customize your preferences to receive only the updates relevant to you.
