As used in this article, unless the context otherwise requires:
(1) "Development permit" means any preliminary or final approval of an application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application for new construction; except that, solely for purposes of part 3 of this article:
(a) Each application included in the definition of development permit constitutes a stage in the development permit approval process; and
(b) "Development permit" is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government.
(1.3) "Fire and emergency services provider" means a fire protection district organized under article 1 of title 32, C.R.S., or a fire authority established pursuant to section 29-1-203.5.
(1.5) "Local government" means a county, home rule or statutory city, town, territorial charter city, or city and county.
(2) "Power authority" means an authority created pursuant to section 29-1-204.
Source: L. 74: Entire article added, p. 353, § 1, effective May 17. L. 2001: (2) added, p. 597, § 3, effective May 30. L. 2001, 2nd Ex. Sess.: (1) amended and (1.5) added, p. 27, § 2, effective November 6. L. 2008: (1) amended, p. 1559, § 1, effective May 29. L. 2013: (1) amended, (SB 13-258), ch. 255, p. 1348, § 2, effective May 23. L. 2016: (1.3) added, (HB 16- 1088), ch. 259, p. 1059, § 2, effective June 8.
Cross references: For the short title ("Public Safety Fairness Act") in HB 16-1088, see section 1 of chapter 259, Session Laws of Colorado 2016.
Notes of Decisions
Bd. of Cnty. Commissioners v. Bowen/Edwards Assocs., Inc., 830 P.2d 1045 (Colo. 1992).
“The statutory scheme vests counties with the power to regulate development and activities in hazardous areas, to protect land from activities that would cause immediate or foreseeable material damage to wildlife habitat, to preserve areas of historical and archaeological…”
Voss v. Lundvall Bros., Inc., 830 P.2d 1061 (Colo. 1992).
“The statutory scheme, without intending to limit any power or authority granted to a home-rule city by the Colorado Constitution, provides each local government with the authority to: regulate development and activities in hazardous areas; protect land from activities which…”
Droste v. Bd. of Cnty. Com'rs of Pitkin, 159 P.3d 601 (Colo. 2007).
“§ 29-20-103(1.5), C.R.S. (2006). The Land Use Enabling Act also contains a provision that we have construed as codifying the familiar rule that a specific provision controls over a more general provision.”
Bd. of Cnty. Commissioners v. Bainbridge, Inc., 929 P.2d 691 (Colo. 1996).
“” § 29-20-103,12A C.R.S. (1986). Under this statute, a local government may regulate the use of land including: (1) regulating development and activities in hazardous areas; (2) protecting wildlife habitat or species; (3) preserving important historical or archeological areas;…”
Cnty. Com'rs of Douglas v. Bainbridge, 929 P.2d 691 (Colo. 1997).
“" § 29-20-103, 12A C.R.S. (1986). Under this statute, a local government may regulate the use of land including: (1) regulating development and activities in hazardous areas; (2) protecting wildlife habitat or species; (3) preserving important historical or archeological areas;…”
v. Bd. of Cty. Commr's for Boulder Cty, 2020 COA 28 (Colo. Ct. App. 2020).
· cites it 21× “§ 29-20-103(1). ¶ 21 However, as noted, such a development permit only falls within the ambit of section 29-20-303(1) if the operation “includes new water use in an amount more than that used by fifty 10 single-family equivalents.”
Droste v. Bd. of Cnty. Com'rs of Pitkin, 141 P.3d 852 (Colo. Ct. App. 2006).
“The specific enumerated powers granted to local governments, including counties, see § 29-20-103(1.5), C.R.S.2005, are found in § 29-20-104, C.”
Carroll Partners LLC v. Bd. of Comm'rs (Colo. Ct. App. 2026).
“” If a project is extensive enough to require a development permit — meaning that it involves “preliminary or final approval of an application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application…”
— Colo. Rev. Stat. § 29-20-103(1) — 4 cases
Bd. of Cnty. Commissioners v. Bowen/Edwards Assocs., Inc., 830 P.2d 1045 (Colo. 1992).
“The statutory scheme vests counties with the power to regulate development and activities in hazardous areas, to protect land from activities that would cause immediate or foreseeable material damage to wildlife habitat, to preserve areas of historical and archaeological…”
Voss v. Lundvall Bros., Inc., 830 P.2d 1061 (Colo. 1992).
“The statutory scheme, without intending to limit any power or authority granted to a home-rule city by the Colorado Constitution, provides each local government with the authority to: regulate development and activities in hazardous areas; protect land from activities which…”
Carroll Partners LLC v. Bd. of Comm'rs (Colo. Ct. App. 2026).
“” If a project is extensive enough to require a development permit — meaning that it involves “preliminary or final approval of an application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application…”
v. Bd. of Cty. Commr's for Boulder Cty, 2020 COA 28 (Colo. Ct. App. 2020).
“§ 29-20-103(1). ¶ 21 However, as noted, such a development permit only falls within the ambit of section 29-20-303(1) if the operation “includes new water use in an amount more than that used by fifty 10 single-family equivalents.”
— Colo. Rev. Stat. § 29-20-103(1)(b) — 1 case
v. Bd. of Cty. Commr's for Boulder Cty, 2020 COA 28 (Colo. Ct. App. 2020).
“§ 29-20-103(1). ¶ 21 However, as noted, such a development permit only falls within the ambit of section 29-20-303(1) if the operation “includes new water use in an amount more than that used by fifty 10 single-family equivalents.”
— Colo. Rev. Stat. § 29-20-103(b)(1) — 1 case
v. Bd. of Cty. Commr's for Boulder Cty, 2020 COA 28 (Colo. Ct. App. 2020).
“§ 29-20-103(1). ¶ 21 However, as noted, such a development permit only falls within the ambit of section 29-20-303(1) if the operation “includes new water use in an amount more than that used by fifty 10 single-family equivalents.”
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