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HB26-1001 • 2026

Housing Developments on Qualifying Properties

The act requires a subject jurisdiction to, on or after December 31, 2027, subject to an administrative approval process, allow the construction of a residential development on a qualifying property t

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Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Rep. A. Boesenecker, Rep. J. Mabrey, Sen. T. Exum, Sen. J. Gonzales, Rep. J. Bacon, Rep. S. Camacho, Rep. M. Carter, Rep. R. English, Rep. M. Froelich, Rep. L. García, Rep. L. Goldstein, Rep. J. Jackson, Rep. J. Joseph, Rep. M. Lindsay, Rep. K. McCormick, Rep. K. Nguyen, Rep. A. Paschal, Rep. J. Phillips, Rep. M. Rutinel, Rep. G. Rydin, Rep. E. Sirota, Rep. L. Smith, Rep. R. Stewart, Rep. T. Story, Rep. S. Woodrow, Rep. Y. Zokaie, Sen. J. Amabile, Sen. M. Ball, Sen. A. Benavidez, Sen. J. Coleman, Sen. L. Cutter, Sen. J. Danielson, Sen. N. Hinrichsen, Sen. I. Jodeh, Sen. C. Kipp, Sen. W. Lindstedt, Sen. J. Marchman, Sen. M. Snyder, Sen. M. Weissman
Last action
2026-03-25
Official status
Governor Signed
Effective date
Not listed

Plain English Breakdown

The definition of 'exempt parcel' is referenced but not defined in the provided summary or bill excerpt.

Housing Opportunities Made Easier (HOME) Act

This law requires local governments to allow residential housing projects on specific properties owned by schools, universities, transit agencies, and certain nonprofit groups starting in late 2027.

What This Bill Does

  • Requires subject jurisdictions to approve residential developments on qualifying properties using an administrative approval process instead of discretionary reviews.
  • Sets a deadline of December 31, 2027, for local governments to begin allowing these projects, with a final extension date of June 30, 2028, if they are updating their zoning codes.
  • Limits the ability of local governments to deny construction based on building height or the number of dwelling units if specific standards in the act are met.
  • Prohibits subject jurisdictions from applying site design rules that are stricter than those used for similar housing projects already built within the same area.
  • Allows child care and community recreational, social, or educational services to be included in these residential developments.

Who It Names or Affects

  • Local governments known as subject jurisdictions
  • School districts, state colleges, universities, housing authorities, transit districts, regional transportation authorities, boards of cooperative services, and certain nonprofit organizations that own land of five acres or less

Terms To Know

Qualifying property
Real estate no larger than five acres owned by specific public entities like schools, transit agencies, boards of cooperative services, housing authorities, or certain nonprofit organizations.
Administrative approval process
A review method where local government staff approve or deny a project based only on whether it meets written objective standards in the law.
Subject jurisdiction
The specific city, town, county, or other local government area that must follow this new housing rule.

Limits and Unknowns

  • Local governments do not have to allow these developments if they implement a transferable development rights program with permanent affordable housing restrictions.
  • The law does not apply to properties containing an exempt parcel, though the source text does not define what makes a parcel exempt.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

S.001

Committee of the Whole

Lost

Plain English: This amendment would stop local governments from holding public hearings or needing official votes to approve certain housing projects on qualifying properties.

  • Removes the requirement for a public hearing before approving residential developments on specific lands.
  • Stops elected officials, appointed bodies, or hearing officers from making recommendations or final decisions on these projects.
  • The amendment text does not explain what 'qualifying properties' are or which housing rules still apply without a public vote.
  • This specific change was voted down and did not become part of the bill because its status is listed as 'Lost'.
S.002

Committee of the Whole

Lost

Plain English: This amendment changes the rule so that only counties with more than 50,000 people must allow new housing on qualifying properties.

  • The bill would apply to any county that has a population larger than 50,000 instead of all local governments.
  • This amendment was voted down and did not pass in the committee stage.
  • The text does not explain what specific rules or approval processes apply to these counties beyond changing who must follow them.
L.001

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment adds a specific definition for what counts as a 'nonprofit organization' under the bill.

  • It defines a nonprofit organization as one authorized to do business in Colorado that is exempt from federal taxes.
  • The text only provides this new definition and does not explain how it changes other parts of the housing rules.
  • Because the full bill text was not provided, we cannot see exactly where or why this specific definition matters for building homes.
L.002

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment adds a specific type of local government group, called a Board of Cooperative Services, to the list of places that can approve housing projects under this bill.

  • The bill now includes Boards of Cooperative Services as eligible groups for handling residential development approvals.
  • The amendment text only shows where a new line is added but does not explain the full rules or process these boards must follow.
  • It references another law (Section 22-5-103) to define what a Board of Cooperative Services is, which is not included in this document.
L.003

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment adds a section to the bill that lists facts and research about Colorado's housing shortage to explain why new rules are needed.

  • It replaces the 'Definitions' heading with a 'Legislative declaration' section.
  • The provided text is cut off at the end, so it does not show if any specific laws or rules are actually changed by this amendment.
  • This amendment only adds background information and reasons for the bill; it does not describe how housing projects will be built.
L.004

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment clarifies that the new housing rules do not stop school districts from building teacher homes or universities from managing their own property and following existing safety codes.

  • School districts can still build, buy, or remodel houses for teachers using current laws without being blocked by this bill.
  • Universities keep full control over how they use or sell their land and buildings under the new rules.
  • The amendment ensures universities do not have to follow any extra building safety requirements beyond what is already required.
  • This text only explains specific exceptions for schools and colleges; it does not describe how the main housing bill works or who qualifies as a 'qualifying property'.
L.005

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: This amendment adds a definition for 'administrative approval process' to the bill, explaining that it is when local government staff decide on housing projects based only on clear written rules.

  • Adds a new section defining what an 'administrative approval process' means in this law.
  • States that under this process, local government staff must approve, deny, or add conditions to a project application.
  • Requires these decisions to be made based only on whether the project follows objective standards written in local laws.
  • The amendment text does not explain what specific 'objective standards' each city must use.
  • It is unclear from this short excerpt how long the approval process will take or who can appeal a decision.
L.019

SEN Local Government & Housing

Passed [*]

Plain English: This amendment updates the bill to use clearer language about location and fixes grammar rules for counting past housing projects.

  • Changes the word 'surrounding' to 'nearby' when describing properties close to a development site.
  • Clarifies that the five-year history check applies specifically to the time before a nonprofit organization submits its application.
  • Corrects grammar so the bill refers to single projects and credits instead of plural ones in certain sections.
  • The amendment removes six lines from page 15, but without seeing those specific lines, it is unclear exactly what rules or text were deleted.
  • Some technical details about how the 'nearby' property rule works are not fully explained in this short list of changes.
L.020

SEN Local Government & Housing

Passed [*]

Plain English: This amendment adds a section to the bill that explains its goals, which include making housing construction cheaper while keeping safety rules and letting local governments use their existing design standards for different types of homes.

  • It states that the law aims to speed up residential development processes to lower building costs without removing public health or safety codes.
  • It clarifies that local governments can choose site design rules based on what they already allow in similar zones, such as using single-family home standards for new single-family projects.
  • It lists recent laws about affordable housing and school district land leases to show how this bill builds on existing efforts.
  • This amendment only adds explanatory text describing the law's intent; it does not change any actual rules, deadlines, or requirements for building homes.
  • The specific details of how local governments must apply these standards are described as examples rather than strict new mandates.
L.021

SEN Local Government & Housing

Passed [*]

Plain English: This amendment adds two new types of properties that are not allowed to be used for the residential housing projects described in the bill.

  • Properties zoned or mainly used for industrial activities, such as manufacturing, mining, warehousing, or storage, will no longer qualify for these housing developments.
  • Land covered by agreements between governments that restrict building homes is also excluded from qualifying.
  • The amendment text only lists the new exclusions and does not explain how local officials should handle properties currently used for industry but zoned differently.
  • It does not define specific details about what counts as an 'intergovernmental agreement' beyond limiting residential development.
L.022

SEN Local Government & Housing

Passed [*]

Plain English: This amendment adds three new types of land that cannot be used for the housing projects described in the bill.

  • Land zoned specifically for farming (agricultural use) is now excluded from qualifying properties.
  • Land designated for forests, protecting natural resources, or keeping as open space is no longer eligible.
  • Properties located inside a floodway or a one-hundred-year floodplain identified by the federal government are also excluded.
  • The amendment text only lists these new exclusions and does not explain how local governments must enforce them or what happens to projects already planned on this land.
  • Because the full bill is not provided, it is unclear if there are other rules that might allow exceptions for some of these excluded areas.
L.024

SEN Local Government & Housing

Passed [*]

Plain English: This amendment expands the types of safety and environmental distance rules that local governments must follow when approving new housing projects.

  • The bill now requires officials to consider more than just oil and gas facilities when deciding where homes can be built.
  • The amendment lists specific areas like wetlands and wildlife habitats but does not explain the exact distance measurements required for each.
  • It is unclear how local governments will balance these new environmental rules with other housing goals if they conflict.
L.025

SEN Local Government & Housing

Passed [*]

Plain English: This amendment adds a rule that allows local governments to require developers to tell the public about new housing projects and ask residents for their opinions.

  • Local laws can now include rules requiring notification of the public when a development application is submitted.
  • The amendment text does not explain how or when this notice must be given to the public.
  • It does not specify what methods should be used to collect feedback from residents, such as meetings or online forms.
L.026

SEN Local Government & Housing

Passed [*]

Plain English: This amendment adds two new rules allowing local governments to apply specific housing policies and offer optional financial incentives that increase the number of affordable homes built.

  • Local governments can use laws and plans designed to encourage different types of housing on qualifying properties.
  • Developers may receive funding or special benefits if those offers result in building more affordable units than they would have otherwise.
  • The text does not explain the specific details of how public hearings for these incentives must be conducted.
  • It is unclear exactly which laws under 'Part 37' are being referenced without reading that separate section of state law.
L.027

SEN Local Government & Housing

Passed [*]

Plain English: This amendment gives local governments extra time to update their zoning rules if they are already working on them by late 2027, lowers the maximum building height from forty-five feet to thirty-eight feet with specific exceptions for fire safety and historic districts, adds a reference to state standards, and clarifies that certain requirements apply specifically to site design.

  • If a local government is already updating its zoning or development codes by December 31, 2027, it gets until June 31, 2028, to finish the updates and follow all new rules.
  • The maximum height for buildings on qualifying properties changes from forty-five feet tall to thirty-eight feet tall.
  • Buildings can be taller than thirty-eight feet if local fire equipment cannot reach three-story structures or if a historic district does not allow three-story residential buildings.
  • The text adds the words 'site design' before certain standards and requires those standards to follow Section 29-20-104.
  • The amendment mentions June 31, 2028, as a deadline date, but that specific day does not exist in the calendar.
  • The text refers to 'Part 5' and Section 29-20-104 without explaining what those sections contain.
L.028

SEN Local Government & Housing

Passed [*]

Plain English: This amendment changes the definition of a qualifying property to exclude small plots that were recently part of a subdivision and limits eligible locations to cities or specific populated areas near them.

  • A qualifying private or public property cannot be next to another similar plot if it is five acres or smaller and was split up in a subdivision within the last five years.
  • Eligible properties must be located inside an official city (municipality).
  • Properties outside of cities are only eligible if they are in a census-designated place with at least 5,000 people that is also within three miles of any point in a municipality.
  • The amendment text does not define what 'qualifying private property' or 'qualifying public property' means before adding these new restrictions.
  • The specific rules for the administrative approval process mentioned in the bill title are not detailed in this amendment.
L.006

Second Reading

Passed [**]

Plain English: This amendment adds a new exception that allows local governments to skip the requirement for building residential developments on certain properties if they have an approved program for transferring development rights and creating permanently affordable housing.

  • Defines 'Transferable Development Rights Program' as a local plan that lets property owners sell or move their right to build in order to help with conservation, growth management, or affordable housing goals.
  • Allows cities and counties to avoid the rule requiring new residential buildings on qualifying properties if they use this specific transfer program instead.
  • The amendment does not explain exactly how a local government must set up these programs beyond having an affordable housing policy with permanent restrictions.
  • It is unclear what happens to the development rights that are transferred or sold under this new exception.
L.007

Second Reading

Lost [**]

Plain English: This amendment would change the rule to only apply to counties with more than 50,000 people instead of all local governments.

  • The bill's requirement for housing developments would be limited specifically to large counties.
  • This amendment was voted down and did not pass the legislature.
  • The full text of the original rule being changed is not provided, so only this specific change can be explained.
L.009

Second Reading

Lost [**]

Plain English: This amendment would remove a specific legal option that allows housing projects to be approved under an alternative set of rules.

  • Removes the phrase 'OR' after citing law section 29-4-503, which stops local governments from using other laws as alternatives for approval.
  • The amendment text does not explain what specific alternative rules were removed or how this change affects housing projects in practice.
  • This amendment was marked as 'Lost', meaning it did not pass and the original bill language remains unchanged.
L.010

Second Reading

Lost [**]

Plain English: This amendment requires local governments to check if roads, utilities, and emergency services can handle new housing before allowing construction on qualifying properties.

  • Local jurisdictions must conduct an infrastructure impact assessment before approving residential development through the administrative process.
  • The amendment text does not explain what happens if the roads or utilities are found to be insufficient.
  • It is unclear who pays for the required infrastructure impact assessment.
  • This specific version of the amendment was lost and did not pass.
L.011

Second Reading

Lost [**]

Plain English: This amendment adds a rule requiring developers to get approval from water or wastewater providers before building new homes, allowing those providers to deny service if their systems are full, underfunded for upgrades, or would be unfairly burdened.

  • Developers must prove that a water or wastewater provider is willing and able to serve the property before construction can begin.
  • Water providers can say no to serving a new development if it exceeds their current treatment capacity.
  • Providers can deny service if building connections would require infrastructure improvements not paid for by the developer.
  • Service can be refused if connecting the new homes would create unreasonable burdens on customers who already use the system.
  • This amendment was voted down and did not become part of the final bill, so these rules were never enacted.
  • The text does not explain how a developer proves 'willingness' or exactly what counts as an 'unreasonable burden.'
  • It is unclear if this rule applies to all types of water providers or only specific ones.
L.012

Second Reading

Lost [**]

Plain English: This amendment would remove a specific section of the bill that outlines rules for building housing on qualifying properties.

  • It deletes lines 11 through 23 on page 9 of the original bill text.
  • The exact content of the deleted lines is not provided in this amendment, so it is unclear what specific rules or requirements were being removed.
  • Because the full text of the struck section is missing, we cannot explain exactly how housing development would change without those words.
L.013

Second Reading

Lost [**]

Plain English: This amendment would require the Department of Local Affairs to create a new program that gives money, legal advice, and technical help to schools and universities building housing.

  • The Department of Local Affairs must start a Housing Development Assistance Program.
  • School districts can get financial resources from this new program for residential projects.
  • State colleges and universities are eligible for the same support as school districts.
  • The department will provide legal guidance and technical help to these educational groups.
  • This amendment was voted down in the House, so it did not become part of the final bill.
  • The text does not explain how much money is available or what specific rules schools must follow to get help.
L.015

Second Reading

Passed [**]

Plain English: This amendment adds a new rule requiring that housing developments on qualifying properties must consider access to sunlight for solar energy.

  • Adds 'solar access' as a specific requirement or factor in the bill's list of conditions.
  • The amendment text only adds the phrase but does not explain exactly how solar access must be protected or measured.
  • It is unclear if this change creates new legal rights for residents to block construction that shades their property.
L.016

Second Reading

Passed [**]

Plain English: This amendment adds wildfire resiliency to the list of safety requirements for housing developments on qualifying properties.

  • The bill now requires that new residential projects consider how well they can handle wildfires.
  • The text only shows where words are added but does not explain exactly what rules or actions developers must take to meet the wildfire resiliency requirement.
  • It is unclear if this change applies to all properties mentioned in the bill or just specific types of land.
L.017

Second Reading

Passed [**]

Plain English: This amendment gives developers a bonus credit so that each affordable housing unit they build counts as 1.1 units toward their legal requirements.

  • Each new affordable housing unit built on qualifying properties will count as 1.1 units instead of just one.
  • The amendment does not explain how the extra 0.1 credit is calculated or if it can be used to build fewer total homes.
  • It relies on existing definitions for 'affordable housing' and specific sections of law that are not included in this text.
L.018

Second Reading

Lost [**]

Plain English: This amendment changes when the housing bill becomes law so that it waits for a possible public vote before taking effect.

  • The bill would not start working until at least August 12, 2026.
  • This amendment was voted down and did not pass the legislature.
  • If citizens sign a petition to challenge this law within ninety days of the legislative session ending, it cannot take effect unless voters approve it in November 2026.
L.030

Second Reading

Lost [**]

Plain English: This amendment would change the bill to allow housing on properties similar to those currently covered, while removing several specific rules and details from pages 15 and 16.

  • Changes a phrase so that new housing projects can be built on 'similar' types of land instead of only the exact type listed in section 29-35-504 (1).
  • Removes all text from lines 9 through 27 on page 15.
  • Removes all text from lines 1 through 15 on page 16.
  • The amendment was marked as 'Lost', meaning it did not pass and is not part of the final bill.
  • Because large sections of text were deleted without showing what they said, we cannot explain exactly which specific rules or details are being removed.
L.031

Second Reading

Lost [**]

Plain English: This amendment would change the rule to only apply to counties with more than 50,000 people instead of all local governments.

  • The bill's requirement for housing developments would be limited specifically to large counties.
  • This amendment was lost and did not become part of the final law.
  • The text does not explain what happens in cities or smaller towns under this specific change.
L.032

Second Reading

Lost [**]

Plain English: This amendment requires local governments to check if roads, utilities, and emergency services can handle new housing before allowing construction on qualifying properties.

  • Local jurisdictions must conduct an infrastructure impact assessment before approving residential development through the administrative process.
  • The amendment text does not explain what happens if the roads or utilities are found to be insufficient.
  • It is unclear who pays for the required infrastructure impact assessment.
  • This specific version of the amendment was lost and did not pass.
L.033

Second Reading

Lost [**]

Plain English: This amendment changes when the housing bill becomes law to allow time for citizens to collect signatures and potentially put it on a ballot vote.

  • The bill would not take effect immediately after being passed by lawmakers.
  • Because this amendment was lost, these changes were not made to the final version of the law.
  • The text only explains the timing rules and does not describe what happens if voters approve or reject the bill at the election.
L.034

Second Reading

Lost [**]

Plain English: This amendment adds a rule that the housing project cannot be built on land inside an urban renewal area or a special district.

  • The bill would now forbid building residential developments if the property is located in an urban renewal area.
  • This amendment was voted down and did not pass, so it does not change the law.
  • The text only mentions adding a restriction for two specific types of areas without explaining what those terms mean or how they are defined in this bill.
L.035

Second Reading

Lost [**]

Plain English: This amendment requires local governments to hold at least one public meeting before approving new housing projects on specific properties.

  • Local jurisdictions must schedule a minimum of one public hearing for residential developments.
  • The text does not explain the rules for how these hearings should be run or what happens if they are skipped.
  • This amendment was voted down and did not become part of the final bill.
L.036

Second Reading

Lost [**]

Plain English: This amendment would require any rental units built on qualifying properties to be rented at a price no higher than 80% of the area's median rent.

  • Adds a new rule stating that if a dwelling unit in these developments is rented, it must follow an affordability requirement.
  • The amendment text does not explain how 'median price' will be calculated or who updates this number.
  • It is unclear what happens to the rule after December 31, 2027, since that date only appears in the main bill title and not in this specific amendment text.
L.037

Second Reading

Passed [**]

Plain English: This amendment defines which organizations and types of land are eligible to build new housing under the bill.

  • It lists specific groups that can qualify, including school districts, colleges, transit agencies, and nonprofit organizations with a history of building affordable homes.
  • It sets rules for qualifying property by limiting it to five acres or less owned by one of these eligible groups.
  • It requires the land to be located inside a city or within three miles of a city in areas with at least 5,000 people.
  • The amendment text only provides definitions and does not explain how the approval process works for these projects.
  • It is unclear if this change affects properties that were already approved before December 31, 2027.
L.038

Second Reading

Passed [**]

Plain English: This amendment adds two new rules requiring local governments to officially accept land dedications for housing projects and to enforce subdivision regulations.

  • Local government leaders must formally vote to accept any required land donations or rights associated with a qualifying residential development.
  • The bill now explicitly includes the application and enforcement of existing subdivision regulations as part of the process.
L.039

Second Reading

Passed [**]

Plain English: This amendment requires the Department of Local Affairs to create and publish official instructions by December 31, 2027, to help local governments check if a nonprofit organization has a proven history of providing affordable housing.

  • The Department of Local Affairs must write new guidance documents for subject jurisdictions.
  • The amendment only sets the deadline and topic for the guidance but does not explain exactly what rules or steps will be included in those instructions.
  • It is unclear how this specific verification process connects to other parts of the bill regarding property construction approvals.
L.040

Second Reading

Passed [**]

Plain English: This amendment changes the bill's language to clarify that local governments must allow residential development on qualifying properties instead of just allowing them for residential use.

  • The text 'FOR RESIDENTIAL USE' is removed from page 15, line 20 of the Local Government & Housing Committee Report.
  • This amendment only changes specific words in a committee report and does not explain what rules or approval processes apply to this new requirement.
  • The full impact on how cities must act is unclear because the rest of the bill's text was not provided.
L.042

Second Reading

Lost [**]

Plain English: This amendment would stop the bill from requiring public hearings or decisions by elected officials for certain housing projects.

  • Removes a specific rule reference that might have required extra steps before building homes.
  • Adds a new rule stating that these housing developments cannot be forced to hold public hearings.
  • Ensures no elected official, appointed body, or hearing officer can make decisions about whether the project moves forward.
  • The amendment text does not explain what specific types of properties qualify for this rule change.
  • It is unclear how removing these requirements affects other parts of the bill that might still need public input.
L.043

Second Reading

Lost [**]

Plain English: This amendment requires new housing built on school district land to follow all local safety and infrastructure rules.

  • Housing projects on qualifying school property must meet every locally adopted life safety code, such as building, fire, wildfire resiliency, utility, or stormwater codes.
  • School districts must follow all local laws regarding infrastructure standards during the approval process for these developments.
  • This amendment was voted down and did not pass in its current form.
  • The text does not explain what happens if a school district fails to meet these new requirements.
L.044

Second Reading

Lost [**]

Plain English: This amendment would have added a rule to exclude land inside already planned subdivisions from the new housing construction requirements.

  • It adds a specific exception for any piece of land that is located within a platted subdivision.
  • The text does not define what 'platted subdivision' means in simple terms, so the exact type of property excluded depends on other laws.
  • This amendment was voted down and did not become part of the final bill because its status is listed as Lost.

Bill History

  1. 2026-03-25 Governor

    Governor Signed

  2. 2026-03-24 Governor

    Sent to the Governor

  3. 2026-03-24 Senate

    Signed by the President of the Senate

  4. 2026-03-24 House

    Signed by the Speaker of the House

  5. 2026-03-13 House

    House Considered Senate Amendments - Result was to Concur - Repass

  6. 2026-03-12 Senate

    Senate Third Reading Passed - No Amendments

  7. 2026-03-11 Senate

    Senate Second Reading Passed with Amendments - Committee, Floor

  8. 2026-03-10 Senate

    Senate Second Reading Laid Over to 03/11/2026 - No Amendments

  9. 2026-03-09 Senate

    Senate Second Reading Laid Over to 03/10/2026 - No Amendments

  10. 2026-03-04 Senate

    Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole

  11. 2026-02-11 Senate

    Introduced In Senate - Assigned to Local Government & Housing

  12. 2026-02-06 House

    House Third Reading Passed - No Amendments

  13. 2026-02-05 House

    House Second Reading Special Order - Passed with Amendments - Committee, Floor

  14. 2026-02-03 House

    House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole

  15. 2026-01-14 House

    Introduced In House - Assigned to Transportation, Housing & Local Government

Official Summary Text

The act requires a subject jurisdiction to, on or after December 31, 2027, subject to an administrative approval process, allow the construction of a residential development on a qualifying property that does not contain an exempt parcel; except that, if on December 31, 2027, a subject jurisdiction is actively in the process of updating the subject jurisdiction's zoning or development code to comply with the act, the subject jurisdiction is required to complete the updates and allow the construction of a residential development on a qualifying property that does not contain an exempt parcel by June 30, 2028. A qualifying property is real property that contains no more than 5 acres of land and is owned by:
A school district;
A state college or university;
A board of cooperative services;
A housing authority;
A local or regional transit district or a regional transportation authority serving one or more counties;
A nonprofit organization with a demonstrated history of providing affordable housing; or
A nonprofit organization that has entered into an agreement with another nonprofit organization with a demonstrated history of providing affordable housing, provided that the agreement requires the nonprofit organization with a demonstrated history of providing affordable housing to develop a residential development on the property.
If a subject jurisdiction requests, as part of an initial development application, that a nonprofit organization with a demonstrated history of providing affordable housing provide documentation that the nonprofit meets required criteria, the nonprofit organization shall provide the documentation. A subject jurisdiction is not required to allow a residential development on a qualifying property if the subject jurisdiction implements a transferable development rights program on the qualifying property and if the transferable development rights program includes a policy for affordable resident housing that is restricted in ownership and occupancy in perpetuity.
A subject jurisdiction shall not:
Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development is no more than 3 stories or 38 feet tall, except in certain circumstances;
Disallow construction of a residential development on a qualifying property on the basis of height if the tallest structure in the residential development complies with the height requirements of the zoning district in which the residential development will be built or the height requirements that apply to any parcel zoned to allow for residential development that is contiguous to the qualifying property on which the residential development will be built;
Disallow construction of a residential development on a qualifying property based on the number of dwelling units the residential development will contain, except in accordance with standards listed in the act; or
Apply site design standards to a residential development on a qualifying property that are more restrictive than the site design standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; on-site landscaping, screening, and buffering requirements; solar access; minimum dwelling units per acre; or other objective setback standards that apply to residential dwellings, including setbacks from oil and gas facilities, oil and gas operations, stream corridors, riparian areas, wetlands, and sensitive wildlife habitats.
Provided that the uses are allowed conditionally or by right within the zoning district in which a qualifying property is located, a subject jurisdiction shall allow the following uses in a residential development on a qualifying property:
Child care; and
The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community.
On or before December 31, 2027, the department of local affairs is required to publish guidance to assist subject jurisdictions in verifying the status of a nonprofit organization with a demonstrated history of providing affordable housing.
(Note: This summary applies to this bill as enacted.)

Current Bill Text

Read the full stored bill text
HOUSE BILL 26-1001
BY REPRESENTATIVE(S) Boesenecker and Mabrey, Bacon, Camacho,
English, Froelich, Garcia, Goldstein, Jackson, Lindsay, Nguyen, Phillips,
Rutinel, Sirota, Stewart R., Story, Woodrow, Zokaie, Carter, Joseph,
McCormick, Paschal, Rydin, Smith;
also SENATOR(S) Exum and Gonzales J., Amabile, Ball, Benavidez,
Cutter, Danielson, Hinrichsen, Jodeh, Kipp, Lindstedt, Marchman, Snyder,
Weissman, Coleman.
CONCERNING THE PROMOTION OF RESIDENTIAL DEVELOPMENTS ON
QUALIFYING PROPERTIES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Short title. The short title of this act is the "Housing
Opportunities Made Easier (HOME) Act".
SECTION 2. In Colorado Revised Statutes, 29-35-103, amend
(2)(a)(I); and add (2.5) as follows:
29-35-103. Definitions.
(2) (a) "Administrative approval process" means a process in which:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(I) A development proposal APPLICATION for a specified project is
approved, approved with conditions, or denied by local government
administrative staff based solely on its compliance with objective standards
set forth in local laws; and -
(2.5) "AIRPORT INFLUENCE AREA" MEANS AN AREA NEARBY AN
AIRPORT THAT A LOCAL GOVERNMENT HAS DESIGNATED AS UNSUITABLE FOR
RESIDENTIAL DEVELOPMENT BECAUSE:
(a) DEVELOPMENT COULD IMPACT AIRPORT OPERATIONS; OR
(b) AIRPORT NOISE OR SAFETY HAZARDS COULD AFFECT THE AREA.
SECTION 3. In Colorado Revised Statutes, add part 5 to article 35
of title 29 as follows:
PARTS
RESIDENTIAL DEVELOPMENT ON
QUALIFYING PROPERTIES
29-35-501. Legislative declaration.
( 1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(a) COLORADANSAREOVERWHELMINGLYBURDENEDWITHTHECOST
OF HOUSING. THE NUMBER OF HOUSEHOLDS THAT SPEND MORE THAN THIRTY
PERCENT OF THEIR TOTAL INCOME ON RENT OR MORTGAGE PAYMENTS IN
COLORADO INCREASED FROM SIX HUNDRED SIXTY-EIGHT THOUSAND ONE
HUNDRED IN 2014 TO EIGHT HUNDRED FIFTY THOUSAND EIGHT HUNDRED IN
2024, REPRESENTING THIRTY-FIVE PERCENT OF ALL HOUSEHOLDS.
(b) A CONTRIBUTING FACTOR TO THE INCREASE IN COST-BURDENED
HOUSEHOLDS IS THAT POPULATION GROWTH HAS OUTPACED NEW HOUSING
DEVELOPMENT, RESULTING IN SUPPLY CONSTRAINTS AND ESCALATING
COSTS. BETWEEN 2000 AND 2023, RESIDENTIAL PROPERTY VALUES AND
RENTAL RA TES INCREASED AT RA TES EXCEEDING INCOME GROWTH, THEREBY
EXERTING CONSIDERABLE FINANCIAL STRAIN ON MANY RESIDENTS. A 2025
RESEARCH BRIEF PUBLISHED BY THE COLORADO STATE DEMOGRAPHY OFFICE
TITLED "COLORADO'S HOUSING SHORTFALL: AN ESTIMATE AND REVIEW OF
EXISTING STUDIES" ESTIMATED THAT, AS OF 2023, AN ADDITIONAL ONE
PAGE 2-HOUSE BILL 26-1001
HUNDRED SIX THOUSAND HOUSING UNITS WERE NEEDED TO OVERCOME THE
HOUSING SHORTFALL, AND THIRTY-FOUR THOUSAND ONE-HUNDRED UNITS
NEEDED TO BE BUILT ANNUALLY TO MAINTAIN THE HOUSING SHORTAGE AT
ITS 2023 LEVEL.
( c) AS COLORADO GROWS, SO DOES THE CHALLENGE OF PROVIDING
AFFORDABLE HOUSING TO RESIDENTS. WHILE LAND THAT IS AVAILABLE FOR
NEW HOUSING IN ESTABLISHED COMMUNITIES IS IN SHORT SUPPLY, MANY
QUALIFYING ORGANIZATIONS OWN UNDERUTILIZED PROPERTIES WHERE
HOUSING COULD BE BUILT.
( d) COLORADO URGENTLY NEEDS MORE HOUSING TO MEET THE
NEEDS OF A GROWING STATEWIDE POPULATION AND ADDRESS ISSUES
DIRECTLY RELATED TO HOUSING, SUCH AS TRANSIT, COMMUTING, THE
WORKFORCE, AND THE ENVIRONMENT. PROVIDING OPPORTUNITIES TO
CONSTRUCT RESIDENTIAL DEVELOPMENTS ON UNDERUTILIZED LAND IS A
MATTER OF MIXED STATEWIDE AND LOCAL CONCERN.
( e) LOCAL ZONING REGULATIONS OFTEN PREVENT HOUSING FROM
BEING DEVELOPED ON VACANT PROPERTIES BY PROHIBITING RESIDENTIAL
DEVELOPMENT ON QUALIFYING PROPERTIES OR BY REQUIRING EXTENSIVE
REZONING PROCESSES THAT ADD COST AND UNCERTAINTY TO AFFORDABLE
HOUSING PROJECTS.
( t) THIS HOUSE BILL 26-1001, ENACTED IN 2026, STREAMLINES THE
CONSTRUCTION OF AFFORDABLE HOUSING BY PROVIDING A PROCESS THAT
ALLOWS RESIDENTIAL DEVELOPMENTS TO BE CONSTRUCTED ON QUALIFYING
PROPERTIES AS LONG AS CERTAIN REQUIREMENTS ARE SATISFIED.
(g) ACCORDING TO A 2022 ARTICLE PUBLISHED IN THE JOURNAL OF
THE AMERICAN PLANNING ASSOCIATION TITLED "DOES DISCRETION DELAY
DEVELOPMENT?", RESIDENTIAL PROJECTS THAT WENT THROUGH
ADMINISTRATIVE APPROVAL PROCESSES WERE APPROVED TWENTY-EIGHT
PERCENT FASTER THAN RESIDENTIAL PROJECTS THAT WENT THROUGH
DISCRETIONARY APPROVAL PROCESSES, AND FASTER APPROVAL TIMES
REDUCE DEVELOPER COSTS AND THEREFORE HOUSING COSTS. STUDIES HA VE
SHOWN THAT HOMEBUILDERS, INCLUDING AFFORDABLE HOUSING
DEVELOPERS, WILL AVOID PARCELS THAT NEED TO GO THROUGH A
DISCRETIONARY PROCESS.
PAGE 3-HOUSE BILL 26-1001
(h) A 2022 RESEARCH PAPER PUBLISHED BY THE FEDERAL RESERVE
BANK OF BOSTON TITLED "How TO INCREASE HOUSING AFFORDABILITY:
UNDERSTANDING LOCAL DETERRENTS TO BUILDING MULTIFAMILY
HOUSING" FOUND THAT RELAXING DENSITY RESTRICTIONS, EITHER ALONE
OR IN COMBINATION WITH RELAXING MAXIMUM HEIGHT RESTRICTIONS, IS
THE MOST EFFECTIVE POLICY REFORM FOR INCREASING THE HOUSING SUPPLY
AND REDUCING MULTIFAMILY RENTS AND SINGLE-FAMILY HOME PRICES. THIS
PAPER ALSO FOUND THAT EVEN IF MULTIFAMILY ZONING IS ALLOWED,
MUNICIPALITIES OFTEN LIMIT THE SIZE OR SHAPE OF BUILDINGS WITH HEIGHT
RESTRICTIONS.
(i) RESEARCH EXAMINING THREE DECADES OF REZONING DECISIONS
IN HENRICO COUNTY, VIRGINIA DEMONSTRATED THAT PUBLIC
PARTICIPATION IN RESIDENTIAL REZONING PROCESSES IS OVERWHELMINGLY
OPPOSITIONAL, WITH MORE THAN EIGHTY-FIVE PERCENT OF COMMENTERS
RAISING CONCERNS ABOUT PERCEIVED NEGATIVE IMPACTS OF NEW
DEVELOPMENT RELATED TO DENSITY, SITE DESIGN, AND PARKING. As A
RESULT, LOCAL GOVERNMENTS FREQUENTLY IMPOSE CONDITIONS THAT GO
BEYOND BASELINE ZONING ST AND ARDS TO REDUCE DENSITY. PROHIBITING
THE APPLICATION OF THESE MORE RESTRICTIVE ST AND ARDS TO RESIDENTIAL
DEVELOPMENTS ENSURES DEVELOPMENT ST AND ARDS ARE APPLIED
CONSISTENTLY AND OBJECTIVELY, RATHER THAN BEING APPLIED AD HOC IN
DISCRETIONARY PROCESSES DRIVEN BY OPPOSITION.
(j) HUNDREDS OF THOUSANDS OF COLORADANS HA VE ONE OR MORE
DISABILITIES AND THIS NUMBER CONTINUES TO INCREASE AS THE
POPULATION AGES. ENSURING FAIR AND ACCESSIBLE HOUSING BENEFITS
INDIVIDUALS WITH DISABILITIES AND PROVIDES SAFER WORKING CONDITIONS
FOR HOME HEALTH-CARE WORKERS. FEDERAL, STATE, AND LOCAL LAWS
THAT PROVIDE ACCESSIBILITY PROTECTIONS SUCH AS THE FEDERAL "FAIR
HOUSING ACT", 42 U.S.C. SEC. 3601 ET SEQ., THE FEDERAL "AMERICANS
WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AND THE
"COLORADO ANTI-DISCRIMINATION ACT", PARTS 3 THROUGH 8 OF ARTICLE
34 OF TITLE 24, ARE IMPERATIVE TO INCREASING ACCESSIBLE HOUSING
OPPORTUNITIES.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT:
(a) COMMUNITY OPPOSITION AND RESTRICTIVE LOCAL LAND USE
POLICIES LIMIT THE HOUSING SUPPLY, IMPACT HOUSING OPTIONS FOR
PAGE 4-HOUSE BILL 26-1001
COLORADANS OF LOW AND MODERATE INCOMES, AND RESTRICT THE
AVAILABILITY OF WORKFORCE HOUSING, THEREBY AFFECTING EMPLOYMENT
GROWTH.
(b) WHEN LOCAL GOVERNMENTS RESTRICT HOUSING DEVELOPMENTS
WITHIN THEIR JURISDICTIONS, THEY IMPACT NEIGHBORING LOCAL
GOVERNMENTS. AN INCREASE IN JOB GROWTH IN ONE COMMUNITY WITHOUT
A CORRESPONDING GROWTH IN HOUSING LEADS TO A HOUSING SHORTFALL
IN THE COMMUNITY. RESEARCH HAS SHOWN THAT REGIONAL IMBALANCES
BETWEEN JOBS AND HOUSING HA VE SIGNIFICANT IMPACTS ON VEHICLE MILES
TRAVELED AND COMMUTE TIMES ACROSS JURISDICTIONS, ACCORDING TO
STUDIES SUCH AS "WHICH REDUCES VEHICLE TRAVEL MORE:
JOBS-HOUSINGBALANCEORRETAIL-HOUSINGMIXING?",PUBLISHEDINTHE
JOURNAL OF THE AMERICAN PLANNING ASSOCIATION. WHEN PEOPLE ARE
UNABLE TO LIVE NEAR WHERE THEY WORK, WORKERS' ONLY OPTION IS TO
SPEND MORE HOURS ON THE ROAD COMMUTING. LONGER COMMUTES
INCREASE VEHICLE TRAFFIC, PUT ADDITIONAL STRAIN ON COLORADO'S
ROADS, AND INCREASE POLLUTION.
( C) THE AVAILABILITY OF AFFORDABLE HOUSING IS A MA TIER OF
MIXED STATEWIDE AND LOCAL CONCERN.
(d) COLORADO HAS A LEGITIMATE STATE INTEREST IN MANAGING
POPULATION AND DEVELOPMENT GROWTH AND ENSURING A STABLE QUALITY
AND QUANTITY OF HOUSING FOR COLORADANS, AS THIS IS AMONG THE MOST
PRESSING PROBLEMS CURRENTLY FACING COMMUNITIES THROUGHOUT
COLORADO.
(3) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT
THIS HOUSE BILL 26-1001, ENACTED IN 2026, IS INTENDED TO:
(a) STREAMLINE RESIDENTIAL DEVELOPMENT PROCESSES TO REDUCE
HOUSING CONSTRUCTION COSTS WHILE ENSURING SUBJECT JURISDICTIONS
ARE ABLE TO APPLY ALL RELEVANT PUBLIC HEALTH AND SAFETY CODES
THAT TYPICALLY APPLY TO RESIDENTIAL DEVELOPMENT;
(b) ALLOW FLEXIBILITY FOR SUBJECT JURISDICTIONS TO DETERMINE
APPROPRIATE SITE DESIGN STANDARDS FOR RESIDENTIAL DEVELOPMENTS BY
USING ST AND ARDS THAT APPLY TO SIMILAR HOUSING PURSUANT TO SECTION
29-35-504 (l)(d). FOR EXAMPLE, IF A SUBJECT JURISDICTION RECEIVES A
PAGE 5-HOUSE BILL 26-1001
DEVELOPMENT APPLICATION TO BUILD SINGLE-FAMILY DWELLINGS, THE
SUBJECT JURISDICTION MAY APPLY SITE DESIGN STANDARDS THAT ARE
CONSISTENT WITH A ZONE DISTRICT THAT ALLOWS SINGLE-FAMILY
DWELLINGS BY-RIGHT. IF A SUBJECT JURISDICTION RECEIVES A
DEVELOPMENT APPLICATION FOR MULTI-UNIT DWELLINGS, THE SUBJECT
JURISDICTION MAY APPLY SITE DESIGN ST AND ARDS THAT ARE CONSISTENT
WITH A ZONE DISTRICT THAT ALLOWS MULTI-UNIT DWELLINGS BY-RIGHT;
AND
(c) BUILD UPON RECENT LAWS THAT AUTHORIZE AND ENCOURAGE
SCHOOL DISTRICTS AND LOCAL GOVERNMENTS TO PROMOTE AFFORDABLE
HOUSING, SUCH AS:
(I) HOUSE BILL 21-1117, CONCERNING THE ABILITY OF LOCAL
GOVERNMENTS TO PROMOTE THE DEVELOPMENT OF NEW AFFORDABLE
HOUSING UNITS PURSUANT TO THEIR EXISTING AUTHORITY TO REGULATE
LAND USE WITHIN THEIR TERRITORIAL BOUNDARIES;
(11) SENATE BILL 24-174, CONCERNING STATE SUPPORT FOR
SUSTAINABLE AFFORDABLE HOUSING; AND
(Ill) HOUSE BILL 25-1006, CONCERNING ALLOWING A SCHOOL
DISTRICT TO LEASE DISTRICT PROPERTY FOR ANY TERM OF YEARS, WHICH
ALLOWS A BOARD OF EDUCATION OF A SCHOOL DISTRICT TO LEASE LAND FOR
AFFORDABLE HOUSING FOR ANY TERM OF YEARS IF THE BOARD OF
EDUCATION DEVELOPS A POLICY THAT DEFINES AFFORDABLE HOUSING FOR
THE PROJECT.
( 4) THEREFORE, THE GENERAL ASSEMBLY FINDS, DETERMINES, AND
DECLARES THAT LOCAL GOVERNMENT POLICIES THAT LIMIT THE
CONSTRUCTION OF A DIVERSE RANGE OF HOUSING IN AREAS SERVED BY
INFRASTRUCTURE AND THAT EFFECTIVELY CREATE HOUSING SUPPLY
SHORTFALLS AND UNSUSTAINABLE DEVELOPMENT PATTERNS, REQUIRE A
ST A TEWIDE SOLUTION.
29-35-502. Definitions.
AS USED IN THIS PART 5, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "DWELLING UNIT" HAS THE MEANING SET FORTH IN SECTION
PAGE 6-HOUSE BILL 26-1001
29-35-402 (8).
(2) "EXEMPT PARCEL" MEANS:
(a) A PARCEL THAT IS:
(I) NOT SERVED BY A DOMESTIC WATER AND SEWAGE TREATMENT
SYSTEM, AS DEFINED IN SECTION 24-65.1-104 (5);
(II) SERVED BY A WELL THAT IS NOT CONNECTED TO A WATER
DISTRIBUTION SYSTEM, AS DEFINED IN SECTION 25-9-102 (6); OR
(III) SERVED BY A SEPTIC TANK, AS DEFINED IN SECTION 25-10-103
(18);
(b) A PARCEL WHERE RESIDENTIAL USE IS PREVENTED OR LIMITED BY
STATE REGULATION, FEDERAL REGULATION, OR DEED RESTRICTION
PURSUANT TO:
(I) FEDERAL AVIATION ADMINISTRATION RESTRICTIONS PURSUANT
TO 14 CFR 77 OR49 U.S.C. CHAPTER471;
(II) AN ENVIRONMENTAL COVENANT PURSUANT TO SECTIONS
25-15-318 TO 25-15-323; OR
(III) FLAMMABLE GAS OVERLAY ZONING DISTRICT RESTRICTIONS;
(c) A PARCEL THAT IS SUBJECT TO A CONSERVATION EASEMENT;
(d) A PARCEL THAT IS ZONED OR USED PRIMARILY FOR INDUSTRIAL
USE, WHICH, FOR PURPOSES OF THIS SUBSECTION MEANS A BUSINESS USE OR
ACTIVITY AT A SCALE GREATER THAN HOME INDUSTRY INVOLVING
MANUFACTURING, FABRICATION, MINERAL OR GRAVEL EXTRACTION,
ASSEMBLY, WAREHOUSING, OR STORAGE;
(e) A PARCEL THAT IS SUBJECT TO AN INTERGOVERNMENTAL
AGREEMENT OR ANNEXATION AGREEMENT THAT LIMITS RESIDENTIAL
DEVELOPMENT;
(f) A PARCEL THAT IS ZONED FOR AGRICULTURAL USE;
PAGE 7-HOUSE BILL 26-1001
(g) A PARCEL THAT IS ZONED FOR FORESTRY, NATURAL RESOURCE
PRESERVATION, OR OPEN SPACE;
(h) A PARCEL THAT IS IN A FLOOD WAY OR IN A ONE- HUNDRED-YEAR
FLOODPLAIN, AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT
AGENCY;
(i) A PARCEL THAT IS LOCATED WITHIN AN AIRPORT INFLUENCE
AREA; OR
G) A HISTORIC PROPERTY THAT IS LOCATED OUTSIDE OF A HISTORIC
DISTRICT.
(3) "HISTORIC DISTRICT" HAS THE MEANING SET FORTH IN SECTION
29-35-402 (10).
( 4) "HISTORIC PROPERTY" HAS THE MEANING SET FORTH IN SECTION
29-35-402 (11).
(5) "NONPROFIT ORGANIZATION" MEANS AN ORGANIZATION
AUTHORIZEDTODOBUSINESSINTHESTATETHATISEXEMPTFROMTAXATION
PURSUANTTOSECTION 501 (a) OF THE FEDERAL "INTERNALREVENUECODE
OF 1986", 26 U.S.C. SEC. 501, AS AMENDED, AND LISTED AS AN EXEMPT
ORGANIZATION IN SECTION 501 ( c )(3) OF THE FEDERAL "INTERNAL REVENUE
CODE OF 1986", 26 U.S.C. SEC. 501, AS AMENDED.
(6) "NONPROFITORGANIZATIONWITHADEMONSTRATEDHISTORYOF
PROVIDING AFFORDABLE HOUSING" MEANS A NONPROFIT ORGANIZATION
THAT, WITHIN THE FIVE YEARS PRECEDING THE NONPROFIT ORGANIZATION'S
SUBMISSION OF A DEVELOPMENT APPLICATION, HAS:
(a) DEVELOPED A PROJECT WHICH HAS RECEIVED A FEDERAL
LOW-INCOME HOUSING TAX CREDIT OR A STATE AFFORDABLE HOUSING
CREDIT;
(b) BEEN A WARDED FUNDING THROUGH THE FEDERAL "HOME
INVESTMENT PARTNERSHIPS PROGRAM", 24 CFR 92.1, ET SEQ.;
(c) BEEN AWARDED FUNDING TO SUPPORT THE CREATION,
PRESERVATION, OR REHABILITATION OF AFFORDABLE HOUSING FROM THE
PAGE 8-HOUSE BILL 26-1001
COLORADO DEPARTMENT OF LOCAL AFFAIRS; THE COLORADO HOUSING AND
FINANCE AUTHORITY; THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT
AND INTERNATIONAL TRADE; OR A LOCAL GOVERNMENT;
(d) OWNED PROPERTY THAT IS EXEMPT FROM PROPERTY TAXATION
• PURSUANT TO SECTION 39-3-113.5;
( e) BEEN CERTIFIED AS A COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION PURSUANT TO 24 CFR 92.2 AND, TOGETHER WITH THE
COLORADO DIVISION OF HOUSING OR A LOCAL GOVERNMENT, IS A PARTY TO
A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERA TING
AGREEMENT;
( f) BEEN APPROVED BY THE COLORADO DIVISION OF HOUSING AS AN
"APPROVED NONPROFIT ORGANIZATION" PURSUANT TO SECTION 39-22-548
AND ENGAGED IN THE DEVELOPMENT OR OPERATIONAL SERVICE OF
SUPPORTIVE HOUSING PURSUANT TO SECTION 39-22-548 (2)(h); OR
(g) OWNED PROPERTY FOR WHICH THE ORGANIZATION RECEIVED A
CERTIFICATE OF OCCUPANCY FOR LONG-TERM AFFORDABLE HOUSING, AND
CAN PRODUCE THAT CERTIFICATE OF OCCUPANCY, A RESTRICTED USE
COVENANT, OR A SIMILAR RECORDED AGREEMENT THAT ENSURES
AFFORDABILITY.
(7) "QUALIFYING ENTITY" MEANS A:
(a) SCHOOL DISTRICT, AS DEFINED IN SECTION 22-30-103;
(b) STATE COLLEGE OR UNIVERSITY, AS DEFINED IN SECTION
23-2-102;
(c) BOARD OF COOPERATIVE SERVICES, AS DEFINED IN SECTION
22-5-103;
( d) HOUSING AUTHORITY CREATED PURSUANT TO SECTION
29-1-204.5, 29-4-204, 29-4-402, OR 29-4-503;
( e) LOCAL OR REGIONAL TRANSIT DISTRICT OR A REGIONAL
TRANSPORTATION AUTHORITY SERVING ONE OR MORE COUNTIES;
PAGE 9-HOUSE BILL 26-1001
(f) NONPROFIT ORGANIZATION WITH A DEMONSTRATED HISTORY OF
PROVIDING AFFORDABLE HOUSING; OR
(g) NONPROFIT ORGANIZATION THAT HAS ENTERED INTO AN
AGREEMENT WITH ANOTHER NONPROFIT ORGANIZATION WITH A
DEMONSTRATED HISTORY OF PROVIDING AFFORDABLE HOUSING, PROVIDED
THAT THE AGREEMENT REQUIRES THE NONPROFIT ORGANIZATION WITH A
DEMONSTRATED HISTORY OF PROVIDING AFFORDABLE HOUSING, OR ITS
SUCCESSOR ORGANIZATION, TO DEVELOP A RESIDENTIAL DEVELOPMENT ON
THE PROPERTY.
(8) "QUALIFYING PROPERTY" MEANS REAL PROPERTY THAT
CONTAINS NO MORE THAN FIVE ACRES OF LAND AND IS:
(a) OWNED BY A QUALIFYING ENTITY;
(b) NOT ADJACENT TO ANOTHER QUALIFYING PROPERTY CONTAINING
FIVE OR LESS ACRES THAT WAS PART OF A SUBDIVISION PROCESS THAT
OCCURRED WITHIN THE PAST FIVE YEARS; AND
(c) WITHIN:
(I) A MUNICIPALITY; OR
(II) A PORTION OF A COUNTY THAT IS WITHIN A CENSUS DESIGNATED
PLACE WITH A POPULATION OF FIVE THOUSAND OR MORE, AS REPORTED IN
THE MOST RECENT DECENNIAL CENSUS, THAT IS ALSO WITHIN A THREE-MILE
AREA EXTENDING IN ANY DIRECTION FROM ANY POINT IN A MUNICIPALITY,
AS DESCRIBED IN SECTION 31-12-105 ( 1 )( e )(I).
(9) "RESIDENTIAL DEVELOPMENT" MEANS A DEVELOPMENT:
(a) WITH ONE OR MORE STRUCTURES THAT CONTAIN PERMANENT
DWELLING UNITS;
(b) THAT DOES NOT CONTAIN ANY TEMPORARY HOUSING OR SHELTER
SPACE; AND
(c) THAT HAS A PRIMARY PURPOSE OF RESIDENTIAL USE.
PAGE IO-HOUSE BILL 26-1001
(10) "SIMILAR HOUSING" MEANS HOUSING THAT IS SIMILAR IN FORM
AND NUMBER OF DWELLING UNITS.
(11) "SUBJECT JURISDICTION" MEANS A LOCAL GOVERNMENT THAT
HAD A POPULATION GREATER THAN TWO THOUSAND PEOPLE AS OF THE LAST
UNITED STATES CENSUS.
(12) "TRANSFERABLE DEVELOPMENT RIGHTS PROGRAM" MEANS AN
ENACTED LOCAL LAND USE PROGRAM THAT AUTHORIZES THE TRANSFER OR
SALE OF REAL PROPERTY DEVELOPMENT RIGHTS AS PART OF A LAND USE
PLANNING STRATEGY THAT AIMS TO ACHIEVE CONSERVATION, GROWTH
MANAGEMENT, AFFORDABLE HOUSING, OR OTHER POLICY OBJECTIVES.
29-35-503. Residential developments on qualifying properties.
(1) Residential developments on qualifying properties. EXCEPT
AS PROVIDED IN SUBSECTION (5) OF THIS SECTION, ON OR AFTER DECEMBER
31, 2027, SUBJECT TO AN ADMINISTRATIVE APPROVAL PROCESS AND IN
ACCORDANCE WITH THIS PART 5, A SUBJECT JURISDICTION SHALL ALLOW A
RESIDENTIAL DEVELOPMENT TO BE CONSTRUCTED ON A QUALIFYING
PROPERTY IF THE QUALIFYING PROPERTY DOES NOT CONTAIN AN EXEMPT
PARCEL; EXCEPT THAT, IFON DECEMBER 31, 2027, A SUBJECT JURISDICTION
IS ACTIVELY IN THE PROCESS OF UPDATING THE SUBJECT JURISDICTION'S
ZONING OR DEVELOPMENT CODE TO COMPLY WITH THE REQUIREMENTS OF
THISPART5,THESUBJECTJURISDICTIONSHALLCOMPLETETHEUPDATESAND
SHALL COMPLY WITH ALL REQUIREMENTS OF THIS PART 5 BY JUNE 31, 2028.
(2) Verification of nonprofit status. A SUBJECT JURISDICTION MAY
REQUEST, AS PART OF AN INITIAL DEVELOPMENT APPLICATION, THAT A
NONPROFIT ORGANIZATION WITH A DEMONSTRATED HISTORY OF PROVIDING
AFFORDABLE HOUSING PROVIDE DOCUMENTATION THAT IT MEETS ANY ONE
OF THE CRITERIA LISTED IN SECTION 29-35-502 (6). THE NONPROFIT
ORGANIZATION SHALL PROVIDE THE REQUESTED DOCUMENTATION BUT IS
NOT REQUIRED TO PROVIDE DOCUMENTATION OF MORE THAN ONE OF THE
CRITERIA LISTED IN SECTION 29-3 5-502 ( 6) TO BE VERIFIED BY THE SUBJECT
JURISDICTION.
(3) Subject jurisdiction administrative practices. NOTHING IN
THIS SECTION PREVENTS A SUBJECT JURISDICTION FROM:
PAGE 11-HOUSE BILL 26-1001
(a) APPLYING AND ENFORCING INFRASTRUCTURE STANDARDS IN
LOCAL LAW DURING THE ADMINISTRATIVE APPROVAL PROCESS, INCLUDING
STANDARDS RELATED TO UTILITIES, TRANSPORTATION, OR PUBLIC WORKS
CODES;
(b) APPL YING AND ENFORCING A LOCALLY ADOPTED LIFE SAFETY
CODE, INCLUDING A BUILDING, FIRE, WILDFIRE RESILIENCY, UTILITY, OR
STORMWATER CODE;
( C) APPL YING AND ENFORCING REGULATIONS RELATED TO HUMAN
AND ENVIRONMENTAL HEALTH AND SAFETY, INCLUDING OIL AND GAS
SETBACKS, FLOODPLAIN REGULATIONS, AND AIRPORT INFLUENCE AREAS;
( d) ADOPTING GENERALLY APPLICABLE REQUIREMENTS FOR THE
PAYMENT OF IMPACT FEES OR OTHER SIMILAR DEVELOPMENT CHARGES IN
ACCORDANCE WITH SECTION 29-20-104.5, OR THE MITIGATION OF IMPACTS
IN ACCORDANCE WITH PART 2 OF ARTICLE 20 OF THIS TITLE 29;
(e) REQUIRINGASTATEMENTBY A WATEROR WASTEWATERSERVICE
PROVIDER REGARDING THE PROVIDER'S CAPACITY TO SERVICE THE PROPERTY
AS A CONDITION OF ALLOWING A RESIDENTIAL DEVELOPMENT;
(t) APPLYING AND ENFORCING INCLUSIONARY ZONING ORDINANCES,
DEED RESTRICTIONS, COMMUNITY BENEFIT AGREEMENTS, DEVELOPMENT
AGREEMENTS, OR OTHER AFFORDABLE HOUSING POLICIES OR STANDARDS IN
ACCORDANCE WITH SECTION 29-20-104;
(g) APPLYING SITE DESIGN STANDARDS TO ALLOW A RESIDENTIAL
DEVELOPMENT TO BE CONSTRUCTED ON A QUALIFYING PROPERTY WHEN
SUCH RESIDENTIAL DEVELOPMENT COULD BE DISALLOWED BASED ON THE
STANDARDS DESCRIBED IN SECTION 29-3 5-504 ( 1 ), OR OTHERWISE OFFERING
AFFORDABLE HOUSING INCENTIVES TO DEVELOPERS;
(h) ENACTING OR APPL YING A LOCAL LAW CONCERNING A
SHORT-TERM RENTAL, AS THAT TERM IS DEFINED IN SECTION 29-35-402 (19),
OF A DWELLING UNIT ON A QUALIFYING PROPERTY;
(i) ENACTINGORAPPLYINGALOCALLAWTHATREQUIRESNOTIFYING
THE PUBLIC REGARDING A DEVELOPMENT APPLICATION OR SOLICITING AND
COLLECTING FEEDBACK FROM RESIDENTS OF THE SUBJECT JURISDICTION;
PAGE 12-HOUSE BILL 26-1001
G) APPL YING LAWS AND POLICIES TO A QUALIFYING PROPERTY
PURSUANT TO ACCEPTED HOUSING NEEDS ASSESSMENTS AND ACCEPTED
HOUSING ACTION PLANS THAT ENCOURAGE THE DEVELOPMENT OF A RANGE
OF HOUSING TYPES IN ACCORDANCE WITH PART 37 OF ARTICLE 32 OF TITLE
24;
(k) OFFERING FUNDING, FINANCING INCENTIVES, OR DEVELOPMENT
INCENTIVES THAT MAY REQUIRE APPROVAL IN A PUBLIC HEARING TO A
DEVELOPER OF A RESIDENTIAL DEVELOPMENT, IF THE FUNDING OR
INCENTIVES WOULD LEAD TO THE DEVELOPMENT OF A GR EATER AMOUNT OF
AFFORDABLE HOUSING UNITS THAN THE AMOUNT OF AFFORDABLE HOUSING
UNITS THAT WOULD BE DEVELOPED IN THE ABSENCE OF THE FUNDING OR
INCENTIVES AND THE DEVELOPER OF THE RESIDENTIAL DEVELOPMENT IS NOT
REQUIRED TO ACCEPT THE FUNDING OR INCENTIVES;
(1) REQUIRING COMMON LAW OR STATUTORY DEDICATIONS OF
INTEREST IN LAND ASSOCIATED WITH A RESIDENTIAL DEVELOPMENT ON A
QUALIFYING PROPERTY TO BE ACCEPTED BY THE LEGISLATIVE BODY OF A
LOCAL GOVERNMENT;
(m) APPLYING AND ENFORCING SUBDIVISION REGULATIONS;
(n) EXERCISING THE SUBJECT JURISDICTION'S RIGHT OF FIRST
REFUSAL IN ACCORDANCE WITH SECTION 29-4-1202; OR
(o) APPLYING THE DESIGN STANDARDS AND PROCEDURES OF A
HISTORIC DISTRICT TO A QUALIFYING PROPERTY THAT IS LOCATED IN A
HISTORIC DISTRICT, INCLUDING A STANDARD OR PROCEDURE RELATED TO
DEMOLITION.
( 4) School district administrative practices. NOTHING IN THIS
SECTION PREVENTS A SCHOOL DISTRICT FROM CONSTRUCTING, PURCHASING,
OR REMODELING A TEACHERAGE PURSUANT TO SECTION 22-32-110 (l)(d),
OR FROM USING ANY OF THE PROCESSES DESCRIBED IN SECTION 22-32-124
REGARDING BUILDINGS AND STRUCTURES.
(5) Transferable development rights program. A SUBJECT
JURISDICTION IS NOT REQUIRED TO ALLOW A RESIDENTIAL DEVELOPMENT ON
A QUALIFYING PROPERTY IN ACCORDANCE WITH SUBSECTION (1) OF THIS
SECTION IF THE SUBJECT JURISDICTION IMPLEMENTS A TRANSFERABLE
PAGE 13-HOUSE BILL 26-1001
DEVELOPMENT RIGHTS PROGRAM ON THE QUALIFYING PROPERTY, AND THE
TRANSFERABLE DEVELOPMENT RIGHTS PROGRAM INCLUDES A POLICY FOR
AFFORDABLE RESIDENT HOUSING THAT IS RESTRICTED IN OWNERSHIP AND
OCCUPANCY IN PERPETUITY BY A DEED RESTRICTION, COVENANT, OR A
MECHANISM PROVIDED IN SECTION 29-35-103 (16)(b).
29-35-504. Qualifying property requirements for a subject
jurisdiction -allowable uses.
(1) A SUBJECT JURISDICTION SHALL NOT:
(a) DISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT ON
A QUALIFYING PROPERTY ON THE BASIS OF HEIGHT IF THE TALLEST
STRUCTURE IN THE RESIDENTIAL DEVELOPMENT IS NO MORE THAN THREE
STORIES OR THIRTY-EIGHT FEET TALL, UNLESS:
(I) THE SUBJECT JURISDICTION IS SERVED BY A FIRE PROTECTION
DISTRICT, FIRE DEPARTMENT, OR FIRE AUTHORITY WHOSE AERIAL
APPARATUS IS UNABLE TO SERVE A STRUCTURE THAT IS THREE STORIES TALL;
OR
(II) THE QUALIFYING PROPERTY IS LOCATED IN A HISTORIC DISTRICT
THAT DOES NOT ALLOW RESIDENTIAL STRUCTURES THAT ARE THREE STORIES
TALL;
(b) DISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT ON
A QUALIFYING PROPERTY ON THE BASIS OF HEIGHT IF THE TALLEST
STRUCTURE IN THE RESIDENTIAL DEVELOPMENT COMPLIES WITH THE HEIGHT
REQUIREMENTS:
(I) OF THE ZONING DISTRICT IN WHICH THE RESIDENTIAL
DEVELOPMENT WILL BE BUILT; OR
(II) THAT APPLY TO ANY PARCEL ZONED TO ALLOW FOR RESIDENTIAL
DEVELOPMENT THAT IS CONTIGUOUS TO THE QUALIFYING PROPERTY ON
WHICH THE RESIDENTIAL DEVELOPMENT WILL BE BUILT;
( C) DISALLOW CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT ON
A QUALIFYING PROPERTY BASED ON THE NUMBER OF DWELLING UNITS THE
RESIDENTIAL DEVELOPMENT WILL CONTAIN, EXCEPT IN ACCORDANCE WITH
PAGE 14-HOUSE BILL 26-1001
ONE OF THE STANDARDS LISTED IN SUBSECTION ( 1 )( d) OF THIS SECTION; OR
(d) APPLY SITE DESIGN STANDARDS TO A RESIDENTIAL
DEVELOPMENT ON A QUALIFYING PROPERTY THAT ARE MORE RESTRICTIVE
THAN THE SITE DESIGN STANDARDS THA TTHE SUBJECT JURISDICTION APPLIES
TO SIMILAR HOUSING CONSTRUCTED WITHIN THE SUBJECT JURISDICTION,
INCLUDING SITE DESIGN STANDARDS RELATED TO:
(I) STRUCTURE SETBACKS FROM PROPERTY LINES;
(II) LOT COVERAGE OR OPEN SPACE;
(III) ON-SITE PARKING REQUIREMENTS;
(IV) NUMBERS OF BEDROOMS IN A MULTIFAMILY RESIDENTIAL
DEVELOPMENT;
(V) ON-SITE LANDSCAPING, SCREENING, AND BUFFERING
REQUIREMENTS;
(VI) SOLAR ACCESS;
(VII) MINIMUM DWELLING UNITS PER ACRE; OR
(VIII) OTHER OBJECTIVE SETBACK ST AND ARDS THAT APPLY TO
RESIDENTIAL DWELLINGS, INCLUDING SETBACKS FROM OIL AND GAS
FACILITIES, OIL AND GAS OPERATIONS, STREAM CORRIDORS, RIPARIAN AREAS,
WETLANDS, AND SENSITIVE WILDLIFE HABITATS.
(2) PROVIDED THAT THE USES ARE ALLOWED CONDITIONALLY OR BY
RIGHT WITHIN THE ZONING DISTRICT IN WHICH A QUALIFYING PROPERTY IS
LOCATED, A SUBJECT JURISDICTION SHALL ALLOW THE FOLLOWING USES IN
A RESIDENTIAL DEVELOPMENT ON A QUALIFYING PROPERTY:
(a) CHILD CARE; AND
(b) THE PROVISION OF RECREATIONAL, SOCIAL, OR EDUCATIONAL
SERVICES PROVIDED BY COMMUNITY ORGANIZATIONS FOR USE BY THE
RESIDENTS OF THE RESIDENTIAL DEVELOPMENT AND THE SURROUNDING
COMMUNITY.
PAGE 15-HOUSE BILL 26-1001
29-35-505. Authority of institutions of higher education
preserved.
NOTHING IN THIS PART 5 IS INTENDED TO ABROGATE OR LIMIT THE
AUTHORITY OF AN INSTITUTION OF HIGHER EDUCATION TO MAKE DECISIONS
REGARDING THE USE OF OR DISPOSITION OF THE INSTITUTION'S PROPERTY, OR
TO CREATE ADDITIONAL BUILDING CODE COMPLIANCE OBLIGATIONS FOR AN
INSTITUTION OF HIGHER EDUCATION BEYOND THOSE ALREADY REQUIRED BY
SECTION 24-30-1303.
29-35-506. Published guidance in verification of nonprofit
status.
ON OR BEFORE DECEMBER 31, 2027, THE DEPARTMENT OF LOCAL
AFFAIRS SHALL PUBLISH GUIDANCE TO ASSIST SUBJECT JURISDICTIONS IN
VERIFYING THE STATUS OF A NONPROFIT ORGANIZATION WITH A
DEMONSTRATED HISTORY OF PROVIDING AFFORDABLE HOUSING IN
ACCORDANCE WITH SECTION 29-35-503 (2).
SECTION 4. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
PAGE 16-HOUSE BILL 26-1001
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
Juli~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
;;z::~a~ Sr.
PRESIDENT OF
THE SENATE
iuC&tli~
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED Dir\ W-ed~--i m~n/212.Si"" ?1flb ~ l :~rm
(Date anti Time)
OF COLORADO
PAGE 17-HOUSE BILL 26-1001