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Is the Land Use Code REQUIRED?

By on April 20, 2018

When we asked the county, using a CORA (Colorado Open Records Act), for verification on how the Land Use Code (LUC) is “REQUIRED,” we asked which specific statute showed this requirement. We received this list back (which they just, directly, copied from the newly released LUC):

  1. Title 16, Criminal Proceedings; Article 13; Part 3, Abatement of Public Nuisance (C.R.S. § 16-13-301 et seq.);
  2. Title 24, Government – State, Article 65.1, Areas and Activities of State Interest (C.R.S. § 24-65.1-101 et seq.);
  3. Title 24, Government – State, Article 67, Planned Unit Development Act of 1972 (C.R.S. § 24-67-101 et seq.);
  4. Title 24, Government – State, Article 68, Vested Property Rights (C.R.S. § 24-68-101 et seq.);
  5. Title 25, Public Health and Environment, Article 12, Noise Abatement (C.R.S. § 25-12-101 et seq.);
  6. Title 29, Government – Local; Article 20, Local Government Regulation of Land Use (C.R.S. § 29-20-101 et seq.);
  7. Title 30, Government – County; Article 11, County Powers and Functions (C.R.S. § 30-11-101 et seq.);
  8. Title 30, Government – County; Article 15, Regulation under Police Power; Part 4, General Regulations (C.R.S. § 30-15-401 et seq.);
  9. Title 30, Government – County; Article 28, County Planning and Building Codes; Part 1, County Planning (C.R.S. § 30-28-101 et seq.);
  10. Title 30, Government – County; Article 28, County Planning and Building Codes; Part 4, Cluster Development (C.R.S. § 30-28-401 et seq.);
  11. Title 30, Government – County; Article 30, Control of Stream Flow for Purposes of Flood Control;
  12. Title 32, Special Districts, Article 1, Special District Provisions;
  13. Title 34, Mineral Resources; Article 60, Oil and Gas Conservation (C.R.S. § 34-60-101 et seq.);
  14. Title 43, Transportation; Article 1, Control of Outdoor Advertising Devices;
  15. Title 43, Transportation; Article 2, State, County, and Municipal Highways; Part 1, State, County, and City Highway Systems (C.R.S. § 43-2-101 et seq.)

This is the link to the Colorado Revised Statutes:

Colorado Revised Statutes

The Colorado DOLA (Department of Local Affairs) explains the law in a very clear manner which shows how the county “can include” zoning/planning but NOWHERE does it say that it is “required” for them to do so.

DOLA Land Use Codes

Here is the DOLA document which defines the “Land Use Planning in Colorado”
DOLA saying control is at local levels in CO