BOARD00191

• Board Meeting Date: 3/21/2002
• Description: WSP Section - Agricultural Water Policy Discussion
• Board Meetings - Doc Type: Memo

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. The Local Government Land Use Control Enabling Act (29-20- 101, from HB 74-1034)
grants counties and municipalities broad authority to plan for and regulate the use of land, with no
restrictions, conditions, or procedures prescribed for local governments. According to this statute,
each local government within its respective jurisdiction has the authority to plan for and regulate
the use of land by:

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I. Regulating development and activities in hazardous areas;
2. Protecting lands from activities which would cause immediate or foreseeable material danger to
significant wildlife habitat and would endanger a wildlife species;
3. Preserving areas of historical and archaeological importance;
4. Regulating, with respect to the establishment of, road and public lands administered by the
federal government; this authority includes authority to prohibit, set conditions for, or require a
pennit for the establishment of any road authorized under the general right-of- way granted to
the public, but not for the establishment of any road authorized for mining claim purposes or
under any specific pennit or lease granted by the federal government;
5. Regulating establishment of road and public lands administered by the federal government
(including authority to regulate public right-of-way, but not on roatls authorized for mining claim
purposes or under specific pennit oflease granted by the federal government);
6, Regulating the location of activities and developments which may result in significant changes in
population density;
7, Providing for phased development of services and facilities;
8, Regulating land use on the basis of the impact thereof on the community or surrounding areas;
9. Otherwise planning for and regulating the use ofland so as to provide planned and orderly use
of land and protection of the environment in a manner consistent with constitutional rights.

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The so-called "1041 powers" (the name is derived from HB 74-1041) found in 24-65.1-101
allow local governments to identifY, designate, and regulate (through a pennitting process) 21
statutorily defined 'areas and activities of state interest." The 21 areas and activities are as
follows:

Areas:
I. Mineral resource areas
2. Geological hazard areas
3, Wildfire hazard areas
4. Flood hazard areas
5. Historical and archaeological resource areas
6. Significant wildlife area habitats
7. Shorelands of major publicly-owned reservoirs
8. Areas around airports
9, Areas around major facilities of a public utility
10. Areas around interchanges involving arterial highways
II. Areas around rapid or mass transit facilities

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Land Use Planning in Colorado

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