Colo. Rev. Stat. » Title 30
Colorado Revised Statutes

Colo. Rev. Stat. § 30-28-102 (2026)

Unincorporated territory

✓ current as of July 2026
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The boards of county commissioners of the respective counties within this state are authorized to provide for the physical development of the unincorporated territory within the county and for the zoning of all or any part of such unincorporated territory in the manner provided in this part 1.

Source: L. 39: p. 294, § 1. CSA: C. 45A, § 1. CRS 53: § 106-2-1. C.R.S. 1963: § 106-2- 1.

Notes of Decisions
Cited in 12 cases, 1977–2009 · leading case: Bd. of Cnty. Commissioners v. City of Thornton, 629 P.2d 605 (Colo. 1981).
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Bd. of Cnty. Commissioners v. City of Thornton, 629 P.2d 605 (Colo. 1981). · cites it 18× “" Section 30-28-102, C.R.S. 1973 (1977 Repl.”
City & Cnty. of Denver, Etc. v. Bergland, 517 F. Supp. 155 (D. Colo. 1981). · cites it 4× “In particular, Colo.Rev. Stat. § 30-28-102 provides: Unincorporated territory.”
Colorado Mining Ass'n v. Bd. of Cnty. Commissioners of Summit Cnty., 199 P.3d 718 (Colo. 2009). · cites it 2× “§ 30-28-102, C.R.S. (2008); see also Colo.”
Bd. of Cnty. Commissioners v. Bowen/Edwards Assocs., Inc., 830 P.2d 1045 (Colo. 1992). “” § 30-28-102, 12A C.R.S. (1986). “Unincorporated” is defined in the County Planning Code as that part of the county’s territory that is “situated outside of cities and towns” or “not within the boundaries of any city or town.”
Colorado State Bd. of Land Commissioners v. Colorado Mined Land Reclamation Bd., 809 P.2d 974 (Colo. 1991). · cites it 2× “§ 30-28-102, 12A C.R.S. (1986). The term “unincorporated” refers to land “situated outside of cities and towns,” so that the term “unincorporated territory” includes and “relates to territory or areas which are not within the boundaries of any city or town.”
Hopkins v. Bd. of Cnty. Commissioners, 564 P.2d 415 (Colo. 1977). · cites it 3× “In the exercise of this function, the Board, acting through its county planning commission, is directed to make and adopt a master plan for the physical development of the unincorporated territory of the county. Section 30-28-106, C.R.S. 1973. To this end, the planning…”
Hopkins v. Bd. of Cty. Com'rs of Cty. of Gilpin, 564 P.2d 415 (Colo. 1977). · cites it 3× “In the exercise of this function, the Board, acting through its county planning commission, is directed to make and adopt a master plan for the physical development of the unincorporated territory of the county. Section 30-28-106, C.”
Bd. of Cnty. Commissioners v. Bainbridge, Inc., 929 P.2d 691 (Colo. 1996). “§ 30-28-102, 12A C.R.S. (1986). Counties must first develop a master plan for the physical development of the unincorporated territory.”
Theobald v. Bd. of Cnty. Com'rs, Etc., 644 P.2d 942 (Colo. 1982). “" Moreover, the court misconceived the effect of our statutes which do not empower the planning commission to enact zoning, but rather circumscribe the authority of the commission *950 to that of making a "zoning plan" for certification to the board of county commissioners,…”
Cnty. Com'rs of Douglas v. Bainbridge, 929 P.2d 691 (Colo. 1997). “The plan must be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the county or region which, in accordance with present and future needs and resources, will best promote the health, safety, morals, order,…”
Theobald v. Bd. of Cnty. Commissioners, Summit Cnty., 644 P.2d 942 (Colo. 1982). “” Moreover, the court misconceived the effect of our statutes which do not empower the planning commission to enact zoning, but rather circumscribe the authority of the commis *950 sion to that of making a “zoning plan” for certification to the board of county commissioners,…”
Hopkins v. Bd. of Cnty. Commissioners, 564 P.2d 415 (Colo. 1977). · cites it 3× “In the exercise of this function, the Board, acting through its county planning commission, is directed to make and adopt a master plan for the physical development of the unincorporated territory of the county. Section 30-28-106, C.R.S. 1973. To this end, the planning…”
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