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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